Canadian Immigration News - Fall Preview

While it is still officially summer in Canada, there is a fall breeze in the air. Children are heading back to school and Canadian immigration lawyers are planning for the new season ahead. Here are some Canadian immigration law updates to look forward to as the weather turns colder in Canada:

Change to age of dependants

On October 24, 2017, there will be an important change to the definition of "dependant child" for immigration purposes. Right now, only children less than 19 years old may be included in their parents' immigration applications. But soon the age of dependants will be raised to include children under 22 years old. This is great news for families with university-age children. This policy change reflects a global trend in which many children are not fully independent from their parents until they complete their post-secondary studies. Also, to quote Ahmed Hussen, Canada's Minister of Immigration, “Raising the age of dependants lets more families stay together." 

Changes to Citizenship Act

Some much-anticipated changes to Canada's Citizenship Act are expected to come into effect this fall. Here are some of the important changes: 

• Requirement for physical presence in Canada will be reduced to three out of five years.
• Some days spent in Canada as a temporary resident (before becoming a permanent resident) will count towards the residency requirement for citizenship.
• Language and knowledge requirements will be eliminated for minors and persons over age 55.  

No official date has been set for the coming into force of these amendments. However, Canadian permanent residents who wish to apply for citizenship under these new legal provisions may start preparing their citizenship applications now in order to be ready when the new law comes into force. 

Continued opportunities for economic immigration

For the rest of 2017, applicants may continue to be invited to apply for Canadian immigration under the federal government's Express Entry program. The Canadian government aims to welcome approximately 77,000 new immigrants to Canada in 2017 through Express Entry (and other programs). So far, about 63,000 applicants have been invited to apply for immigration through Express Entry draws. 

In Quebec, the Regular Skilled Worker program is expected to open sometime before March 31, 2018. The Quebec government has announced that it is working through its backlog of paper applications. In fact, this backlog has been cleared for applicants from North America, Latin America and Europe. This means that the Quebec government may soon be ready to accept new applications for processing. 

Do you need assistance with immigration to Canada? Please contact me to discuss your options

Bonjour, Quebec?

So, what is happening with the province of Quebec's Regular Skilled Worker program? In March 2017, the Quebec government announced that it would accept 5000 new applications under the Regular Skilled Worker program this fiscal year. However, the exact date on which this program will re-open remains unknown. 

Potential immigrants to Quebec are anxiously waiting to hear when the Regular Skilled Worker program will re-open. Provincial nomination programs like this one are extremely popular and quotas often fill within hours of a program's opening. 

Why is there a quota of 5000 applications?

In its Ministerial Instruction published in March 2017, the government of Quebec announced that it already has more than 30,000 immigration applications currently awaiting processing. Having a backlog like this isn't good for anyone. For a government, it is expensive and time-consuming. For applicants, it means processing times are long. Nowadays, most immigration programs in Canada have yearly quotas to avoid situations where the number of applications received exceeds processing capacity. 

When will the Regular Skilled Worker program re-open?

All we know is that the program will open "at a later date" but likely before March 31, 2018. The Quebec government recently announced that it will finally start on July 15, 2017 to process the Regular Skilled Worker applications that it received electronically after December 31, 2015. Applications received in paper format prior to that date will continue to be processed. Generally, it is expected that the program will re-open when the Quebec government has cleared some of the backlog of 30,000 applications.

What can you do while you wait?

Applicants who are waiting for the Regular Skilled Worker program to open should complete their application forms online at Mon project Quebec and gather their supporting documents. Given the popularity of this program, it is essential for would-be applicants to be prepared to submit an application quickly when the program opens. Some applicants may also be eligible to submit an application at any time if they have a validated job offer or currently work or study in Quebec.

Do you want to immigrate to the province of Quebec? Please contact me to discuss your options. 

Happy 150th birthday, Canada

This Saturday, July 1, 2017, marks Canada's 150th birthday. There are so many reasons to celebrate our beautiful country! As an immigration lawyer, I am reflecting on the milestones and trends that have been formative for Canada over the years. 

Canada is a country of immigrants. According to Statistics Canada's report 150 years of immigration in Canada, more than 17 million immigrants have come to Canada since Confederation in 1867. Early immigrants to Canada came primarily from Europe but since the 1960s, the diversity of Canada has increased with more immigrants coming to Canada from Asia.

Over the past 150 years, Canada has changed dramatically. Our population increased tenfold and spread across the Canadian continent. We have also experience vast legal and social changes. Imagine how in 1917, women could not yet vote in Canada and men could also be excluded from voting on the basis of race. Fast-forward to 1982, the Canadian Charter of Rights and Freedoms was enacted to guarantee equal treatment and protection against discrimination for everyone. 

Now, Canada is not perfect and being an immigrant is not easy. But people consistently come to Canada in search of a better future for themselves and their family. I hope that Canada's next 150 years will bring increased prosperity, diversity and inclusion for both new and established Canadians. 

Happy birthday, Canada...and many more!

Positive changes to Canada's Citizenship Act​​​​​​​

Recent amendments to the Citizenship Act will make it easier and faster for Canadian permanent residents to become citizens of Canada.

Bill C-6 became law on June 19, 2017,  reversing several amendments to the Citizenship Act that were passed by Canada's previous Conservative government in 2014. Some of the new provisions will come into force immediately while others will take effect in the coming months. 

The most significant change to the Citizenship Act is the reduction of the residency requirement for citizenship applicants. The current law requires permanent residents to live in Canada for 4 years before they can apply for citizenship. Soon permanent residents will be eligible for citizenship after having lived in Canada for just 3 years during 5 year-period prior to application. 

Other important changes include:

• Allowing minors to apply for citizenship without parental consent;
• Allowing some of the time spent in Canada as a foreign worker or international student to be counted towards the residency requirement for citizenship; 
• Eliminating the ability of the Canadian government to revoke the citizenship of dual citizens convicted of certain serious crimes; and
• Eliminating language and knowledge requirements for minors and persons over age 55.

For a chart of all the changes to the Citizenship Act, please consult Immigration, Refugees and Citizenship Canada's comparative table of amendments. 

Canada's Minister of Immigration, the Honourable Ahmed Hussen, was quoted recently at an immigration law conference in Toronto, saying, "We want all permanent residents, if possible, to become Canadians."

Are you interested in becoming a Canadian citizen? Please contact me to discuss your options.

Love a Canadian - Part Three

This is a series about Canadians who love non-Canadians and their journeys to getting Canadian permanent resident status for their loved ones in Canada. Please read on for stories of love, Canadian immigration and taking the "long-distance" out of a relationship.

The story of Kathleen (Canadian) and Carlos (Colombian)

How did you meet and how did your relationship develop?

Carlos: We studied at the same university in Canada and we met through mutual friends there. After graduation, we started dating and then travelling together and we quickly fell in love. Kathleen lived with me in Colombia for about 18 months and learned Spanish. We have enjoyed creating our own cultural exchange and sharing our Canadian and Colombian backgrounds with each other. 

How did you handle being in a long-distance relationship?

Kathleen: We have often been apart both because of our different career choices and because of Carlos' immigration status. For example, he had to leave Canada soon after graduation from university because his study permit was about to expire. The internet makes it easy to stay in contact. We could still talk every day even when we weren't in the same place. I was also able to travel and visit Carlos even though he could not come to Canada before his immigration application was approved.

Carlos: We respect each other's time and interests. When we are apart, we each focus on our respective work or studies and look forward to the next time we will be together. We really support and trust each other, which makes being apart much easier. 

What was the best part about the Canadian immigration process?

Kathleen: Getting accepted was the best part! Doing a spousal sponsorship application is a big process and it took about a year. We felt so relieved when our application was approved.

Carlos: Being able to come back to Canada was so great. Colombians can't enter Canada without a visitor's visa, so I wasn't free to visit Canada whenever I wanted. Now Kathleen and I can be together in Canada whenever we want. Also, I get many benefits from being a permanent resident, such as a Canadian driver's license, health insurance and a social insurance number. Being a permanent resident makes me feel more strongly connected with my community in Canada.

What was the worst part about the Canadian immigration process?

Carlos: The uncertainty was the worst. We didn't know how long we would have to be apart - that was hard.

Kathleen: We had to get some documents from Mexico because Carlos used to live there. It was very complicated to get the required Mexican documents because we were not physically present in Mexico to get them. 

How is life now?

Carlos: I love it! Although I had to adjust to a new culture, I really like Canada, especially Nova Scotia where we live. Canada was been very welcoming to me. I am an artist and I have had my art shown in local galleries and I won a prize for my art. My work is respected here and I have a lot of support. Also, having Canadian permanent residence has made it easier for me, being from Colombia, to travel through the United States. 

Do you have any advice for others going through the spousal sponsorship process?

Kathleen: Read the instructions very, very carefully and get advice from people who have gone through the process before. Also, consider contacting your local Member of Parliament (MP) to get help. For example, when we needed help getting those documents from Mexico, my local MP's office was very supportive. 

Carlos: Be patient. The immigration process was hard but it was so worth it in the end.

Thank you so much to Kathleen and Carlos for sharing their story here. If you love a Canadian or want to live in Canada with your beloved, please contact me to discuss your options. 

How to get a "Green Card" for Canada

People often ask me how they can get a "Green Card" for Canada. In Canada, our closest equivalent to "Green Card" status is called permanent resident status. About 300,000 people will be welcomed into Canada as permanent residents in 2017. 

So, how can you become a Canadian permanent resident? There are dozens of different application categories but most of the Canadian immigrants selected each year come from the economic immigration stream and the family immigration stream. 

Economic Immigration Stream

Economic immigrants are selected based on their qualifications, including education, work experience, language ability in English and French, age and potential to adapt to life in Canada. Applicants who have previously studied or worked in Canada or who have in-demand professional skills may have a better chance of being selected under the economic immigration stream. There are also special programs for immigrants who wish to settle in a particular province or who wish to invest in a Canadian business.  

Family Immigration Stream

In the family immigration stream, someone who is already a Canadian citizen or permanent resident may apply to sponsor a member of his or her family for Canadian permanent residence, including a spouse, partner, child, parent or grandparent. In these types of applications, the sponsor may have to prove that he or she has a certain level of income in order to support the whole family in Canada. 

In all immigration streams, applicants for Canadian permanent residence must undergo medical tests and backgrounds checks to ensure that they do not pose a health or security risk to Canada. 

Rights and Obligations of Canadian Permanent Residents

A Canadian permanent resident enjoys many of the rights and privileges enjoyed by Canadian citizens, including the right to:

• live, work or study anywhere in Canada,
• receive social benefits, such as health care, 
• apply for Canadian citizenship upon fulfillment of certain requirements, and
• protection under Canadian law, including the Canadian Charter of Rights and Freedoms.

Canadian permanent residents must also pay taxes in Canada and obey Canadian laws.  They are not eligible to vote or run for public office and they may not be eligible to hold certain jobs requiring high-level security clearance. 

Finally, Canadian permanent residents are subject to a residency requirement: they must live in Canada for at least 2 years out of every 5 year period (some exceptions apply) in order to maintain their permanent residence status.

Are you interested in becoming a Canadian permanent resident? Please contact me to discuss your options. 

Love a Canadian - Part Two

This is a series about Canadians who love non-Canadians and their journeys to getting Canadian permanent resident status for their loved ones in Canada. Please read on for stories of love, Canadian immigration and taking the "long-distance" out of a relationship.

The story of Jean-Philippe (Canadian) and Liv (British)

How did you meet and how did your relationship develop?

Liv: We worked in the same building in London, England. We both fancied each other from the beginning but we were both shy. I would always find ways to "accidentally" bump into Jean-Philippe by passing his office when I knew he would be working. The tension built for months and finally Jean-Philippe, who had found my number on my website, called me and asked me to meet him for a drink at the local pub. We dated for three years in London before getting married. We came to Canada when I was 3 and a half months pregnant with our first child. 

What was the best part about the Canadian immigration process?

Jean-Philippe: We liked putting together the spousal sponsorship documents because it gave us a record of our relationship and reminded us of how we built our life together. Also, I like to talk things through, so getting advice from friends and professionals with experience in this type of application made us feel way better about any doubts we had. 

What was the worst part about the Canadian immigration process?

Jean-Philippe: It was a horrible maze of forms and documents. The final package was almost 250 pages! Preparing everything took way longer than we expected. I thought it would take 1 month to submit the application but it ended up taking 5 or 6 months. We wanted to submit the application before our baby was born because we knew it would be harder to do paperwork with a newborn. Having a fixed deadline like that helped to prioritize the application and get it done.  

Liv: I came to Canada as a tourist so I didn't have health care coverage during my pregnancy. That was extremely stressful. I had a home birth but I worried constantly that something would go wrong and I would have to go to the hospital (at great expense). Looking back, I underestimated how vulnerable I felt as a pregnant woman in Canada without permanent status or free health care. 

How is life now?

Liv: Our son is almost two years old and we are expecting another child this summer. I notice a big difference with this second pregnancy. Now that I have permanent resident status, I feel much more secure, calm and happy. Canada's health insurance feels very good for me and my family. I miss my family back in England but I am happy that my son is growing up surrounded by Quebecois culture and French language primarily but other languages too. Also, raising a child in Montreal is much more affordable than raising a child in London!

Jean-Philippe: It felt like a miracle to get a positive response for Liv's permanent residence application. We had a sense of disbelief when we sent off the package and waited for months. We love our life together and I feel so lucky to be back home, raising my family next door to my parents and my sister's family. 

Do you have any advice for others going through the spousal sponsorship process?

Jean-Philippe: Make your application a priority and take the time to read the forms very carefully. I had to re-read each form about eight times! Also, get help and advice from a professional. It isn't worth it to do all the work involved with the spousal sponsorship application and have it refused for a minor error. 

Thank you so much to Liv and Jean-Philippe for sharing their story here. If you love a Canadian or want to live in Canada with your beloved, please contact me to discuss your options. 

Visitor visas waived for certain Romanians, Brazilians and Bulgarians

Effective May 1, 2017, eligible citizens of Brazil, Romania and Bulgaria can now fly to Canada without first obtaining a temporary resident visa (also called visitor visa). This new rule applies only to those Romanian, Brazilian or Bulgarian citizens who have held a Canadian visa in the past 10 years or who currently hold a valid US nonimmigrant visa. 

Despite being visa-exempt, the foreign nationals affected by this change will still need to apply for an Electronic Travel Authorization (eTA) before boarding an airplane. An eTA costs only $7 CAD and can be obtained within a short period of time. For more information about eTAs, please visit the website of Immigration, Refugees and Citizenship Canada. 

Also, this new rule only applies to Brazilians, Romanians and Bulgarians who are travelling to Canada by airplane. Those who enter Canada by land, sea or rail must still apply for a travel visa. 

The Canadian government has announced that it may waive visa requirements for all citizens of Romania and Bulgaria effective December 1, 2017. No announcement has been made in this regard for citizens of Brazil. 

Do you have questions about visiting Canada? Contact me to discuss your options.

Conditional permanent residence eliminated

This is good news for those who love a Canadian! The Canadian government has recently eliminated conditional permanent residence for spousal sponsorship applicants. 

Prior to this change, a sponsored spouse or partner was required to live with his or her sponsor for at least two years after their spousal sponsorship application was approved. This rule was established in 2012 to discourage marriages of convenience for immigration purposes. It applied only to couples who had no children together and who had not been together for at least 2 years at the time of application. 

Here is what Immigration, Refugees and Citizenship Canada (IRCC) had to say about the recent change: 

"Eliminating conditional permanent residence upholds the Government's commitment to family reunification and supports gender equality and combating gender violence...While cases of marriage fraud exist, the majority of relationships are genuine and most spousal sponsorship application are made in good faith."  See the IRCC's full statement here. 

No action is required to implement this change if you became a Canadian permanent resident via spousal sponsorship.

Do you have questions about permanent residence or spousal sponsorship? Please contact me to discuss your future in Canada. 

Love a Canadian - Part One

This is the first instalment in a series about Canadians who love non-Canadians and their journeys to getting Canadian permanent resident status for their loved ones in Canada. Please read on for stories of love, Canadian immigration and taking the "long-distance" out of a relationship.

The story of Natalie (Canadian) and Alex (American)

How did you meet and how did your relationship develop?

We met on a rock climbing trip in Kentucky through mutual friends. We connected instantly. A few weeks later, we decided to meet up again to go rock climbing together in Alabama. After that I (Natalie) went back to Toronto and Alex surprised me by showing on my doorstep a few weeks after that. We have been together ever since. Luckily, we have flexible jobs and were able to do online classes at university so we were able to always live together in both Canada and the USA. 

What immigration category did you pursue?

We quickly decided that we wanted Canada to be our "forever home". When we got engaged, we started researching our Canadian immigration options. It was very difficult to decide whether to do an outland spousal sponsorship application through the Family Class or to do the Spouse in-Canada Class. We worried about it for a long time but finally decided to apply through the outland spousal sponsorship because it allowed Alex to leave Canada and travel for his work. 

What was the best part about the Canadian immigration process?

Doing the spousal sponsorship application really solidified our plan to make a life together. When we reached out to friends and family for letters of support, we received an outpouring of love and support that was beautiful and overwhelming. Also, we are not journal or diary keepers, so it was nice to have a neat package that documented the development of our relationship and our life plan. 

What was the worst part about the Canadian immigration process?

The wait! It was hard to make plans for the future while waiting for a decision from Immigration, Refugees and Citizenship Canada. Also, although we were lucky to be able to visit each other in Canada and the USA without visitor visas, there was always uncertainty at border crossings because border service officers have the discretion to deny entry to the country. 

How is life now?

Blissful. We got Alex's approval letter the night before we went on our honeymoon, which was about a year after our wedding. We were so happy and relieved! We have now been married for more than 3 years and we love each other so much. 

What would you do differently if you had to do the Canadian immigration process again?

If we had to do the process over again, we would get professional help from a Canadian immigration lawyer at the beginning of the process. When we tried to negotiate our way through the forms and paperwork on our own at the beginning, we wasted our time and became confused and frustrated. We felt much more peaceful and settled once we got advice from a lawyer. 

Do you have an advice for other going through the process?

Start early! It takes much longer than you imagine to gather all your documents and complete the forms. If you are asking your friends and family for letters of support, ask them as early as possible. Start going through your files right away to get your address and travel history, especially if you have moved around often. 

Thank you so much to Nat and Alex for sharing their story here. If you love a Canadian or want to live in Canada with your beloved, please contact me to discuss your options.