In order to accommodate the expected increase in demand in Europe, the Middle East and Africa, new Visa Application Centres (VACs) are being opened in 2018, with more planned for 2019:

• Kigali, Rwanda (September 2018);
• Stockholm, Sweden (September 2018);
• Tel Aviv, Israel (September 2018);
• Athens, Greece (November 2018);
• Berlin, Germany (November 2018);
• Lyon, France (November 2018);
• Vienna, Austria (November 2018);
• Antananarivo, Madagascar (December 2018);
• Cape Town, South Africa (December 2018).

Visa Application Centres (VACs) are not operated by the Government of Canada. They are operated by private owned companies which the government contracts with to provide administrative services in various countries around the world. This is more efficient as the government does not have expertise in operating in different jurisdictions.

Applicants who need to provide biometrics between now and the time that the VACs listed above become operational can go to certain Canadian embassies in Europe. Applicants from Sweden and neighbouring countries will be able to provide biometrics at the Embassy of Canada to Sweden in Stockholm from 31 July to September 2018. The Canadian embassies in Athens, Greece; Berlin, Germany; and Vienna, Austria will serve applicants from Greece, Germany, Austria and neighbouring countries. Finally, applicants from France and neighbouring countries will be able provide biometrics at a commercially leased space in Lyon, France from 31 July to November 2018. It is crucial to note that these locations will only collect biometrics; applications will not be accepted.

For more information, please click here.

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The Government of Canada has expanded the collection of biometrics because it is recognized as an excellent tool to confirm an individual’s identity. Thus, it will allow Canada to more effectively manage the individuals coming inside its borders and help to deter, detect and stop the entry of those who pose a risk to the health, safety and security of Canadians.

In order to achieve a balance between convenience for travellers and the need for information, biometrics will only need to be given once every 10 years. They will be valid for 10 years from the date they were given. If an individual has already given biometrics for a previous application within the past 10 years, they do not need to give them again. However, note that this 10-year validity period only applies to applicants for a visitor visa, study permit, or work permit. All other applications will require the submission of biometrics each time.

There are some limited exemptions for applicants who will not require biometrics:

• US Nationals applying for a work or study permit
• Canadian citizens, citizenship applicants (including passport applicants), or existing permanent residents
• Visa-exempt nationals coming to Canada as tourists who hold a valid Electronic Travel Authorization (eTA)
• Children under the age of 14
• Applicants over the age of 79 (there is no upper age exemption for asylum claimants)
• Heads of state and heads of government
• Cabinet ministers and accredited diplomats of other countries and the United Nations, coming to Canada on official business
• US visa holders transiting through Canada
• Refugee claimants or protected persons who have already provided biometrics and are applying for a study or work permit
• Temporary resident applicants who have already provided biometrics in support of a permanent resident application that is still in process
• Temporary exemption: Applying in Canada – If you are applying for a visa, study or work permit, or permanent residence in Canada – you are exempt until the in-Canada service is established

The costs for biometrics are as follow:

• Individual applicants: CAD $85
• Families applying together at the same time: maximum total fee of CAD $170
• Groups of 3 or more performing artists and their staff who apply for work permits at the same time: maximum total fee of CAD $255

For more information, please click here.

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The post This Week’s Success Story: Open Work Permit Application Approved After Two Refusals first appeared on Bellissimo Law Group.

1. Purpose of Visit

May seem obvious but the reason for the visit as well as the time requested for the travel must make sense. If the trip is for personal reasons do not couch it as a business trip. If visiting a boyfriend or girlfriend, be open and do not suggest it is to visit a family member because it may sound more compelling.

The purpose of visit could be to see many people. Clear intentions are always best. Misrepresentations on visitor visas can come back to haunt foreign nationals when applying for permanent residency. In short, the purpose for the trip must be clear, credible and fully set out.

2. Immigration Status in Home Country

There must be clear declarations of dual citizenship, permanent and/or temporary status. It is also important to provide the jurisdictional contexts. United Arab Emirates (UAE) for example, does not recognize dual citizenship and people obtain their residency visa for as long as they have employment. So as one example, if someone from the UAE was planning a 6 month visit without reference to their immigration/employment status, this could be cause for concern on behalf of an immigration officer.

Obviously travel and immigration documents must be current. Failing to provide a clear immigration and residency history can be problematic.

3. Ties in Home Country

Where immediate family members live, familial responsibilities and resulting financial obligations are important factors that come into play. Limited ties to a home country although unfair can in certain circumstances be an issue. An applicant must clearly set out employment and give a sense of day to day living. Is the applicant caring for a sick relative? Is there a big project coming up at work? Why are these details important? Because there are rarely in person interviews anymore so these paper/online applications must come to life. It must be made clear the applicant has a life to return to in their home country.

4. Past Travel and Civil History

A positive travel history and exemplary civil, employment and financial records are critical. Any admissibility issues like criminality, security are givens. As is evidence that an applicant will not pose any health risks and remains in good health and has no history of any communicable, physical or mental disease. Where health is a concern, the arrangement of travel and medical insurance may assist. More obscure concerns can sometimes relate to distant entry or removal issues in other countries and refusals in other countries may weigh heavily.

Educational and employment history should be set out. Financial records should be clearly detailed and supported, demonstrating a consistent balance and not a recent deposit to establish financial strength. Personal and business financial records should be distinguished. In all, exhibiting financial stability and establishment as well as the ability to be self-supporting while visiting Canada are important.

5. Ability to Leave Canada

This one is sometimes overlooked. What does the applicant have to go back to at the conclusion of the visit? If the applicant has travelled extensively, have they always complied with the conditions of their stay? The more countries the better and extensive history of compliance during travels abroad is a strong indicator of future comportment with the terms of any visa issued by Canada. The need to travel to Canada more than once is also helpful because an applicant is unlikely to jeopardize the long-term ability to continue to enter Canada as well as other countries on any future travels for one trip.

So, a number of factors to consider.  Happy travels!

The post Top 5 Key Tips When Preparing and Submitting an Immigration Visitor Visa Application to Canada first appeared on Bellissimo Law Group.

This amount that was spent is up 47 per cent in the past 5 years, while the number of visitors rose 17 per cent in the same period. Toronto saw the highest number of overnight visitors coming from the United States with 2,973,000 visitors and China with 319,000 visitors.

More than 70 per cent of American visitors arrived by plane, which is a dramatic shift from 50/50 back before the year 2000. This increase is important to Toronto’s economy as the visitors who fly here are staying longer, doing more and are spending more money.

Toronto’s biggest increase in regards to overnight visitors came from Mexico, as we saw a 72-per cent jump from 44,000 to 75,000 visitors. This is due to the fact that back in December 2016, Canada removed a 7-year-old requirement for Mexican travellers to obtain a visitor visa.

Domestic travellers continue to visit Toronto more than any other Canadian city. Toronto welcomed 10.4 million overnight domestic visitors, spending $2.6 billion dollars in 2017.

Clearly there is something special about Toronto that continues to draw in tourists from around the world and within Canada. Toronto is known for its tall skyscrapers, famous sport teams, music/film festivals, multicultural and delicious foods and is viewed as an ideal candidate for what a city can and should be.

Want to read more? Click here.

The post Toronto broke a new tourism record with 43.7 million visitors in 2017! first appeared on Bellissimo Law Group.

A: Commencing in January 2013, Citizenship and Immigration Canada introduced new legislation, requiring biometric information (fingerprints and photographs) from foreign national applicants of 29 countries including Afghanistan, Albania, Algeria, Bangladesh, Burma (Myanmar), Cambodia, Colombia, Democratic Republic of Congo, Egypt, Eritrea, Haiti, Iran, Iraq, Jamaica, Jordan, Laos, Lebanon, Libya, Nigeria, Pakistan, Palestinian Authority, Saudi Arabia, Somalia, Sri Lanka, Sudan, South Sudan, Syria, Tunisia, Vietnam, and Yemen who want to enter Canada as temporary residents (visitors, students, workers). Canada is not alone introducing this requirement. Other countries that use biometrics for border security or immigration control include the United Kingdom, Australia, New Zealand, Japan, South Korea, the United Arab Emirates, Indonesia, Malaysia, and Saudi Arabia.  The United States Homeland Security also has biometric registration.

The intention of biometrics is to reduce fraud.  The Government of Canada website reads:

Canadian visa officers use biometrics to confirm your identity. Biometrics also helps to:

• make it more difficult for someone to forge, steal or use your identity,
• resolve problems or errors that may happen if your name, date of birth and/or place of birth are similar to those of someone else, and
• confirm your identity the next time you apply, so it is easier for you to re-enter Canada.

How does it work?

An applicant must attend in person, and officers will verify identity, so that no one else could impersonate that same applicant in future applications. There are Visa Application Centres (VAC) or other Immigration Refugees and Citizenship Canada offices outside of Canada that can assist applicants with this procedure. Of note is that an applicant may submit the biometrics after the submission of their application.  Once an applicant obtains a multiple entry visa for example, biometrics is not required for each entry unless an applicant wants to change status from visitor to student or worker.

Privacy issues have been raised as a concern and the list as potentially discriminatory.  Media reports at the time of introduction highlighted the justification for the list:

The list of countries was developed by the CIC after working in 2011 with other governmental agencies such as the Canadian Security Intelligence Service and the Royal Canadian Mounted Police. CIC also worked with the Department of Foreign Affairs and International Trade and Canada Border Services Agency, among others.

The Gazette explained the countries were selected “following a systematic assessment of immigration patterns including volumes or rates of TRV refusals, removal orders, refugee claims, and nationals arriving without proper documentation, attempting to travel to Canada without proper documentation or under a false identity.”

There are however exemptions to the groups of individuals required to submit an application. Foreign nationals under the age of 14 or over the age of 80 will not be required to submit biometrics. Additionally, those travelling on diplomatic missions or representatives of foreign governments, the United Nations, or intergovernmental agencies involving Canada will be exempt. Foreign nationals will also be exempt if transiting through Canada for less than 48 hours and originating from the United States.

For your purposes as this lengthens the period of time for processing your application, consideration should be given to the list and in your case only Jamaica is on the list.  It is always recommended  an applicant consult an immigration lawyer or regulated consultant before taking any steps on your application.

Good luck!

For more information, click here and here.

The post What Does Dual Citizenship and Biometrics Have to Do With One Another? first appeared on Bellissimo Law Group.

Answer: That depends. Business visitor is one of the most frequently used and misunderstood categories of temporary entry in Canada.

Generally speaking, a business visitor is defined as a foreign national who seeks to engage in international business activities in Canada without directly entering the Canadian labour market (as entering the Canadian labour market would trigger the need for a work permit), and must meet these two conditions: [1]

(a) the primary source of remuneration for the business activities is outside Canada; and

(b) the principal place of business and actual place of accrual of profits remain predominately outside Canada.

Suppose John, CEO of a company in Netherlands, is coming to Canada to attend a business meeting that involves sales negotiation on behalf of a Canadian subsidiary, which he anticipates should benefit if the meeting results in a sale.  Throughout his visit, John will remain on the payroll of his company outside Canada, and he is only coming in for a meeting that lasts three hours in Canada.

Based on the information above, John might not be eligible to enter Canada as a business visitor under R187(3)(b), given that if the business meeting should lead to a sale, the Canadian company will benefit from the accrual of profits.

Therefore, even if you are coming into Canada solely to attend business meetings, note that you may not necessarily meet the legal definition of  a “business visitor” and depending on the context including your proposed business activities, you may need a work permit. We would recommend consulting a legal representative to determine whether you qualify entry as a business visitor, and if you do, to ensure that you enter Canada with the necessary paperwork that would facilitate your entry.

For more information on Temporary Migration, please click here.

(Sources)

The post If Visiting Canada to Attend Business Meetings, Can You Be a Business Visitor? first appeared on Bellissimo Law Group.

In July 2009, Canada introduced visa requirements on Mexican nationals owing in part to an increase in asylum claims and immigration violations during the years prior. Since that time, Mexican citizens seeking entry to Canada to visit, study, or work have required a visa.

Five years later, in March 2014, former Minister of Immigration Chris Alexander announced the CAN+ program to expedite visa processing for Mexican nationals wishing to visit Canada who had visited Canada or the United States within the previous 10 years.

Last week, a new development aimed at further facilitating travel to Canada took place: Prime Minister Trudeau announced Canada’s intention to lift the visa requirement for Mexican visitors. Canadian officials are currently working with their Mexican counterparts on final details to ensure a successful visa lift. The goal is to encourage travel between Canada and Mexico while minimizing asylum claims or other irregular migration.

Until November 30, 2016 the current visa requirements will remain in place, and Mexican citizens will need to apply for a visa to visit, study or work in Canada. Beginning December 1, 2016, however, citizens of Mexico will no longer require a visa; those seeking to enter Canada will only require an Electronic Travel Authorization (ETA). Visitors will generally be allowed a six-month stay from the day they enter Canada, although a Border Services Officer could impose a different duration.

After the changes occur, students and workers will still need to apply for study and work permits. It is not yet clear whether applicants will need to submit these applications in advance of their arrival or whether they will be able to submit them upon arrival at a port of entry, as is currently possible for citizens of many visa-exempt countries.

The Prime Minister’s office has indicated that additional information will be provided to Mexican citizens in advance of the visa lift, including details on when Mexican travelers can begin applying for their ETA.

This announcement was followed by others made in the spirit of improving travel and economic cooperation between Canada, Mexico and the United States, including the implementation of a Trusted Traveller arrangement. This arrangement will allow members of the NEXUS program to apply to the Mexican equivalent Viajero Confiable program, and vice versa. Those approved will be eligible for expedited processing at land ports of entry and upon arrival when travelling between the three countries.

For more information on Temporary Migration, please click here.

The post Canada Says “Adios” to Visas for Mexico! first appeared on Bellissimo Law Group.

Large Company Successfully Granted LMIA’s

A large company approached us for assistance transferring short-term specialized trade workers into Canada.  Using Employment Service Development Canada (“ESDC”) exemptions to advertising for specialized workers as well as their 10 day service processing for high-demand skilled trades, we were able to obtain Labour Market Impact Assessments for these workers in less than one week.

We are now preparing the work permits for these workers and expect the same positive result.

Families Granted Refuge in Canada

Over the last few weeks, three more families were granted refuge in Canada after their claims for protection were allowed. All three claims were based on religious persecution suffered in the claimants’ countries of origin. In advance of the hearings, we helped these claimants prepare for oral testimony and ensured that they had sufficient documentation to substantiate their religious affiliations. As sectarian violence continues to escalate across much of the Middle East, these families are very grateful to be able to remain safely in Canada.

Deported Refugee receives ARC and PR Visa

A young woman who had made a refugee claim in Canada, to be refused and deported from Canada afterwards, entered into a relationship with a Canadian man while still in the country. The couple retained our office to assist with an overseas spousal sponsorship and, if that was approved, an application for Authorisation to Return to Canada (ARC). On making a refugee claim in Canada, claimants are given a departure order; many claimants do not leave Canada within 30 days of their claim being refused and so the departure order becomes a deportation order and the individual requires ARC (special permission) to return to Canada in the future.

Our submissions explained why our client had overstayed in Canada, emphasizing her compliance with immigration authorities and her willingness to cooperate even by purchasing her own ticket to leave Canada. Her applications were accepted, and she was granted both ARC and the permanent resident visa. She will soon re-enter Canada to be reunited with her husband.

Successful Work Permit, Study Permit, and Visitor Visas for Family of 5

A family of five, two adults and three children, approached our office wanting to stay in Canada by way of applying for a study permit for one of the adults.  The situation was difficult because they had no status in Canada when they contacted our office and they already spent an extended period of time in the country.  Prior to coming to Canada, they were issued multiple entry visas valid for two years. However, when they entered Canada, they were granted visitor status for six month only. They mistakenly thought that their entry visas entitled them to stay in Canada for two years, which was not the case.  They wished to stay in Canada during the processing of the study permit instead of going back to their home country and applying from there.  We managed to restore their status in Canada as visitors. Then, we applied for a study permit for one of the parents. The permit was granted without an interview, which would have been outside of Canada.  Subsequently, the other parent was issued a work permit and the children’s status as visitors was extended, giving them the right to study in Canada.  The family now has status, enjoying the studies and work in Canada.

Permanent Residency Granted to Medically Inadmissible Parents

We were recently successful in assisting our client in receiving permanent residence for their parents, following an initial medical inadmissibility finding for a medical condition of Hepatitis B. The individual was determined to require medical treatment that was expected to result in an excessive demand.  We assisted in sourcing out the appropriate medical specialists and prognostic findings, and in accurately determining what medical care would be required in their intended province. Following extensive research and a comprehensive mitigation Plan, presented together with our specialized legal submissions, the medical admissibility finding was overturned without having to resort to litigation.

To read our clients testimonials, please click here.

To read more success stories, please click here.

The post This Month’s Success Stories! first appeared on Bellissimo Law Group.