Author: Cassandra Fultz, RCIC-IRB

Cassandra specializes in Canadian immigration cases pertaining to Procedural Fairness Letters (PFL), post-deportation Authorization to Return to Canada (ARC), Study Permits, PR Card Renewal on Humanitarian and Compassionate Grounds, Criminal Rehabilitation, Temporary Resident Permits, Canadian citizenship, Family Sponsorship, and Visitor Visas. She advocates for her clients with an impressive success rate, including for applications with prior refusals.

EXPRESS ENTRY DRAW- CRS DROPS AGAIN!

Date Posted: 2020/05/04

On April 30th, 2020, IRCC issued 3311 Invitations to apply via Express Entry for the Canadian Experience Class. The lowest CRS score was 452, which makes this particular draw one of the lowest since May 2019. This is the third consecutive round of invitations were only applicants under the CEC have been invited. The only other category where IRCC continues to issue invitations is the Provincial Nominee Program (PNP).

What does this mean for you?

Although this is welcoming news to eligible candidates under the CEC, candidates overseas, who are only eligible for the Federal Skilled Worker category will be left frustrated, as there has not been any invitations issued for the FSW category since March 4, 2020 predominantly due to Covid-19 pandemic. One of the main reasons IRCC have continued issuing invitations for the CEC category is that 99% of all eligible candidates are currently in Canada.

Act Now

Given this news of further decrease in CRS points, any candidates, who are eligible for the CEC but did not submit a profile because they were disheartened by the continuous draws of 470 and above, should immediately submit their profile while the points continue to decrease. It is important to know, that when IRCC resumes issuing invitations to apply under “no program specified”, which also includes eligible candidates under the Federal Skilled Worker program, the CRS points will more, than likely begin to increase.

There has been no update from IRCC as to when they will resume issuing invitations for eligible candidates on the FSW or the FST category.

Let us Help

If you have received an invitation to apply (ITA), Doherty Fultz Immigration continues to offer our Express Entry application review service, where one of our professionals will review your application before you submit, to ensure that you meet the eligibility, minimum CRS points score and that all of the documents you intend to upload meet the mandatory criteria.

Tags: Express Entry Draw

In-Canada Class Sponsorship or Family Class Sponsorship (Inland or Overseas)?

Date Posted: 2020/05/03

inland sponsorship or overseas sponsorship

Should I sponsor my spouse using the In-Canada Sponsorship or Family Class (Overseas) Sponsorship Application?

This is one of the questions that people ask most frequently, and sometimes the answer is not always obvious. There is a lot of misinformation out there, and I even fell victim to it myself back when I was sponsored to Canada in 2008 (long before I was an immigration consultant!). Had I been in a less privileged position, I might have found myself locked out of Canada.

Here are some guidelines to help you make the best choice.

In-Canada Class	Family Class
Applicant Eligible for Work Permit	N/A
Applicant must reside in Canada	Applicant can travel as much as they want
Interview almost never convoked	Interviews can be frequent / Applicant will have to return to country of nationality for interview if in Canada
No right of appeal	Right of appeal per s.63 of IRPA
Applicant cannot be deported for lack of status once application received by IRCC	N/A

Is your spouse or common-law partner in Canada, or can they get here?

To apply for PR under the In-Canada Class sponsorship, your husband, wife, or partner needs to be physically present in Canada – no exceptions. For this reason, the In-Canada Class application is used most frequently by people who do not need a visa to enter Canada such as Americans, Australians, and most Europeans.

If your spouse needs a visa just to enter Canada, this is a separate and difficult application on its own.

If it is not possible for your spouse to come to Canada, then Family Class sponsorship is your only choice.

Is your spouse OK with living primarily in Canada for the duration of the application processing time – approximately 8 – 12 months?

There are a lot of ugly rumours about In-Canada Class sponsorship applicants not being allowed to leave Canada while their application is in process. Here is the truth: Yes, your spouse is required to live in Canada to be eligible for In-Canada processing. But this does not mean that they are unable to leave.

In-Canada Class applicants are allowed to travel outside Canada on vacation, for work, to visit family, or for any other reason. They just should not travel outside Canada too frequently or remain outside Canada for too long.

There is no set number of days that applicants need to be in Canada – this is at the discretion of immigration officers. However, if an officer does not allow the applicant to re-enter Canada for any reason, then the In-Canada Class application will end up being refused.

*If the applicant is on implied status and they leave Canada, they will lose implied status and their ability to work in Canada until their new work permit is issued if they were on implied status as a worker.

**If the applicant is out of status in Canada (has no legal status due to an overstay or other reason), they should not leave Canada at all during the processing of their sponsorship application. Once an In-Canada Class sponsorship application is received for a person who is out of status, they cannot be asked to leave Canada solely because they are out of status. People who are out of status should generally only use the In-Canada Class.

Are you and your partner already married?

You do not have to already be married for your spouse to enter Canada and for you to sponsor them – you can get married in Canada, and it’s easy! You are not required to leave Canada to get married or to enter Canada as a married couple in order to do In-Canada Class spousal sponsorship.

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If your spouse is inside Canada or can get to Canada, and they are comfortable living in Canada until a decision is made, then In-Canada Class is frequently the best option. However, sponsorship applicants are still allowed to use the Family Class application even if they are physically present in Canada.

An In-Canada Class sponsorship application allows applicants to get a 2-year open work permit while their application is in process. In-Canada Class sponsorship applicants also very, very rarely have to attend an in-person interview with an immigration officer – depending on which country the applicant is from, interviews can be costly and also cause a large increase in processing times.

If restrictions on travel are not practical for the applicant, then Family Class is usually the better option. Even if the applicant is in Canada, with the Family Class sponsorship application, they can travel as much as they need to. Family Class applicants still need to meet the requirements to be let back into Canada, but the application will not be refused if the applicant is refused entry to Canada for some reason.

Family Class sponsorship also allows the right of appeal if the application is refused – this is not allowed with an In-Canada Class application. However, applicants also have the right to submit a new application in both cases.

Is your partner out of status (illegal) in Canada?

If the applicant for PR is out of status in Canada, such as having overstayed on a visa or after their work permit expired, then you need to use the In-Canada Class to sponsor them for two reasons:

Once the application is received by IRCC, the applicant cannot be deported for being out of status in Canada
Applicants without status in Canada can still be granted PR, whereas applicants under other streams for PR (such as the Family Class) must have valid status in order to become a permanent resident.

See our guide for sponsorship of out of status sponsorship applicants HERE.

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There is no one-size-fits-all answer to whether you should choose In-Canada Class sponsorship or Family Class sponsorship. One is not better than the other. You simply have to choose the one that is right for your family.

Tags: common-law, in-canada class, overseas, sponsorship, spousal

加拿大学生签证申请最容易犯的三大错误！

Date Posted: 2020/04/28

阅读建议：提交加拿大学生签证申请之前先读本文

在加拿大留学对提高教育水平、增强职业前景都有帮助。学习完成后还可以获得加拿大的工作经验并申请加拿大的永久居留权。

但是，许多人在申请学生签证时会犯错，整个留学计划被耽搁不说，还得赔上几千加元甚至几年时间。

学生签证错误＃1：进入非指定学习机构（DLI）的学校

想要获得移民部批出的学生签证来加拿大上学，该学校必须在指定学习机构名单上，这意味着政府已批准该学校接纳国际学生。

所有小学和中学都在指定学习机构名单上。

所有公立学院和大学，以及部分私立学院，也在DLI列表中。

如果一所学校不在DLI列表中，则表示该学校尚未获准接待国际学生，政府不批学生签证。

判断您的学校是否在名单上很容易，只需使用加拿大政府的查询工具输入您想就读的学校的名称就行。

学生签证证错误＃2：上不允许读毕业后工签的学校

上文中我们已经提到，学校必须在指定学习机构列表中，才能拿到学生签证。

但是，如果想利用毕业后工签（PGWP）来毕业后在加拿大获得宝贵的工作经验，并用它来申请移民，那么学校和学习课程也必须有毕业后工签的资格。

为一个不允许获得毕业后留加工作的学位而花学费和精力实在不值！

这个问题以前更严重，因为以前信息不透明。但是现在可以在上述同一DLI列表上查看学校是否使学生有资格获得PGWP。

学生签证错误＃3：使用不合格的“代理人”或“顾问”来申请学生签证

分辨假移民顾问本来应该很简单。但现在骗子手段层出不穷，有时难辨真假。

判断移民顾问是否合法的方法包括：

询问他们的许可证号。真正受加拿大持牌移民顾问（RCIC）或律师将拥有ICCRC编号或律师协会编号。这些编号可以立即在ICCRC或律师协会网站上查看。

如果有人不想给编号，那十有八九是有问题的！真正的移民顾问要通过一系列考核才能执业，因此，他们非常乐意展示自己的专业资格。如果您忘记询问顾问的编号，也可以用名字在这个网站查：https://iccrc-crcic.ca/find-a-professional/

iccrc licensed consultants

查看有关其业务的Google评论。评论充分反应顾问或律师的业务水平。如果一家公司的差评很多，或者根本没有评论，那么您可能要三思而后行。
在支付任何费用之前，要求先查看合同（代理协议）。如果顾问是合法的，他们二话不说就会把合同发给你。加拿大移民合顾问同必须包含的内容包括顾问的全名和联系信息、所有应支付的费用以及截止日期、所提供服务的具体内容等等。

如果碰上不配合的顾问，那八成是不靠谱。

依据申请结果收费：法律规定持牌移民顾问依据申请结果收费。费用按照工作量和内容而定，而不是根据申请的最终结果而定。

如果一个移民顾问胆敢违反《职业道德守则》并冒失去执照的风险，那么他多数是骗人居多，实干居少了。如果有人视法律为无物，那么他们很可能是根本没有执照的假顾问，这些人根本没受过移民法的教育培训，更帮不了你。

确保聘请专业人士为您提供帮助。最重要的是，在确认他们的专业资格前，切勿将钱汇给任何自称是顾问或律师的人。

如果您对加拿大学生签证有疑问，请与我们联系。

Tags: study permit

How Criminal Convictions in Australia and New Zealand Effect Canadian Immigration

Date Posted: 2020/04/27

If you’re from Australia or New Zealand, you have some excellent opportunities to come to Canada either as a worker on an IEC work visa or as a permanent resident through Express Entry. It’s also easy to come as a visitor since you only need an eTA.

But, if you have any type of criminal conviction, even for certain traffic violations, you may be considered inadmissible to Canada and your immigration application could be refused. You could even be refused entry when you arrive in Canada.

We’ve outlined the most common causes for inadmissibility to Canada AND their solutions for Australians and New Zealanders below.

Driving Under the Influence of Alcohol (Drink Driving / Excess Alcohol Conviction)

Drunk driving is by far the most common reason for criminal inadmissibility to Canada for citizens of New Zealand and Australia.

What is most important to know is that due to the Cannabis Act coming into force in 2018, Drunk driving is now considered ‘serious criminality’ in Canada. However, whether your DUI conviction is considered ‘serious criminality’ or simply ‘criminality’ depends on when your conviction occurred.

If your conviction occurred before December 31, 2018, then your DUI conviction is still considered ‘criminality’. If your DUI conviction occurred on or after December 31, 2018, then it is considered ‘serious criminality.’

What’s the difference? Either way, you are inadmissible to Canada. However, the difference lies in the remedy for how you can overcome this inadmissibility. If your conviction is considered ‘criminality,’ then eventually you can be ‘deemed rehabilitated,’ which means that you will be able to come to Canada again with the passage of time.

But, if your drunk driving conviction is considered ‘serious criminality,’ you can never be considered ‘rehabilitated’ without making an official application through the Canadian embassy, and an application for criminal rehabilitation will cost you CAD$800 more than if your conviction fell under ‘criminality.

If enough time has passed since the completion of your sentence (5 years), then you can apply for criminal rehabilitation in order to no longer be considered inadmissible to Canada.

Dangerous Driving

Depending on the circumstances leading to a conviction due to the way you were driving, you may or may not be considered inadmissible to Canada. Generally speaking, if your driving was dangerous to the public, then this constitutes criminality under an Act of Parliament in Canada, which will make you inadmissible to Canada. However, if your driving was considered ‘careless’ but not dangerous to the public, then you may not be considered inadmissible.

For example, speeding can sometimes be considered ‘careless driving,’ which is not a criminal offence, but other times it can be considered ‘dangerous driving,’ which is a criminal offence and will make you inadmissible to Canada.

**Possession of Marijuana

With the Cannabis Act, possession of marijuana for personal recreational purposes (this does not include intent to distribute) is no longer a crime in Canada.

This means that your simple marijuana conviction for possession of a small amount like a joint or few grams of bud usually does not make you inadmissible to Canada. In our professional experience, officers are treating marijuana possession convictions as a non-issue, and are determining that they do not make an applicant inadmissible to Canada.

However, this is why there is an asterisk: there has not been a Supreme Court of Canada decision confirming that a marijuana conviction outside Canada does not make an applicant inadmissible to Canada if it occurred before the law changed.

If marijuana possession is your only conviction, you will likely not have any trouble. However, this still remains at the discretion of the officer making the decision.

Solutions to Inadmissibility

Permanent Solutions – Individual Criminal Rehabilitation and Deemed Rehabilitation

If 5 years have passed since you completed the sentence for your crime(s), then you are now eligible to apply for individual criminal rehabilitation.

This means you are applying to convince the Canadian government that you are no longer at risk of reoffending, and are not a danger to public safety. Some of the factors that officers consider are that you have a stable job and/or family life, you have a place to live, and that you have a lifestyle that keeps you away from criminal activity.

Individual criminal rehabilitation is different from deemed rehabilitation, which is based on the passage of time and the number and type of convictions. For a drink driving conviction before December 31, 2018, 10 years must have passed since you completed your sentence for deemed rehabilitation to be possible.

If you are applying for any type of permanent residence in Canada such as through Express Entry or even family sponsorship, you must be approved for criminal rehabilitation before you can be granted PR in Canada. The same applies for temporary residence like a work permit or visitor status – you cannot enter Canada for any reason if you are criminally inadmissible.

Temporary Solution – Temporary Resident Permit

If you are criminally inadmissible to Canada but not enough time has passed since you completed your sentence to apply for criminal rehabilitation (it has not yet been 5 years), or you only need to come to Canada for a brief time, then you can apply for a Temporary Resident Permit (TRP).

A TRP will allow you to get temporary status in Canada for a limited period of time. It can also be issued to allow for multiple entries to Canada over a period of time depending on your circumstances.
A TRP can be issued on an urgent basis if you need to enter Canada very quickly, such as for work purposes, medical treatment, or a sick relative.

TRPs will not allow you to be granted permanent residence in Canada. However, they can be a very useful stopgap until you are eligible to apply for criminal rehabilitation. A TRP issued for 6 months or longer can even allow you to get a work or study permit in Canada.
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Once your criminal rehabilitation application has been approved, then you can proceed with your Express Entry or Sponsorship application without impediment. If you are not yet eligible for criminal rehab, then you have to wait before you can apply for PR and apply for a TRP if you still need to come to Canada in the short term.

It is not always easy to determine whether your conviction makes you inadmissible to Canada, and whether it is criminality or serious criminality. The answer has a lot to do with the circumstances as well as the discretion of the officer making the decision.

Contact us if you’ve been convicted of drunk driving or any other offence from Australia or New Zealand (or anywhere else), and we can advise you if this conviction makes you criminally inadmissible to Canada.

Tags: criminal inadmissibility, drunk driving, DUI, TRP

Top 3 Canadian Study Permit Application Mistakes

Date Posted: 2020/04/19

university acceptance

Read this before you submit your Canadian Study Permit Application

Studying in Canada is a great option to further your education and bolster your career prospects back home, or to gain Canadian work experience and apply for PR in Canada.

But, there are several mistakes when applying for a Canadian study permit which can not only derail your entire plan, but can also cost you thousands of dollars and years of your life.

Study Permit Mistake #1: Applying for a study permit to attend a school which is not a Designated Learning Institution (DLI)

In order for IRCC to issue a study permit for an international student to attend school in Canada, that school must be on the list of Designated Learning Institutions, which means it has been approved by the government to host international students.

All primary and secondary (elementary and high) schools are on the list of Designated Learning Institutions.

All public colleges and universities, as well as some private ones, are also on the list of DLIs.

If a school is not on the list of DLIs, then it has not been approved to host international students and the government will be unable to issue a study permit for you to attend this school.

It’s easy to tell if your school is on the list – just use the government of Canada’s tool to type in the name of the school you want to attend and see if it’s there!

Study Permit Mistake #2: Attending a school which does not allow for a Post Graduate Work Permit

You already know that the school you have been accepted to must be on the list of Designated Learning Institutions in order for you to be issued a study permit to attend.

However, if you want to take advantage of the Post Graduate Work Permit (PGWP) in order to gain valuable work experience in Canada after you graduate and possibly use it to apply for PR, then your school and program of study must also be eligible for the PGWP.

Imagine putting in the effort and paying the international student fees for years to obtain a degree that does not allow you to get a post graduate work permit!

This used to be more of a danger because the list was not as easily accessible before. However, now you can see whether a school makes a student eligible for a PGWP on the same DLI list mentioned above.

Study Permit Mistake #3: Using a fake or fraudulent “agent” or “consultant” to apply for your study permit

It should be easy to tell whether a professional-seeming person is a fake immigration consultant. However, they put so much effort into looking legitimate that sometimes it can be hard to tell.

A few easy ways to tell if an immigration representative is legitimate include:

Ask them for their license number. A real Regulated Canadian Immigration Consultant (RCIC) or lawyer will have an ICCRC number or a Law Society number. These numbers can be checked immediately on the ICCRC or Law Society websites.

If someone does not want to give you their registration number, this should be a huge red flag! Real representatives worked very hard for their license, so they are more than happy to share their registration number with you. You can even search for consultants by name if you forgot to ask them for their registration number:

https://iccrc-crcic.ca/find-a-professional/

iccrc licensed consultants

Check Google reviews for their business. Reviews speak volumes about the way a consultant or lawyer does business. If a business has large numbers of poor reviews, or especially if they do not have any at all, you may want to reconsider hiring them.

Ask to see the contract (retainer agreement) before you pay anything. If the representative is legitimate, they will have no problem sending you the contract which you will be signing. A Canadian immigration contract MUST contain several mandatory elements, such as the full name and contact information of who will be representing you, complete disclosure of all fees you are expected to pay and when they are due, and exactly what is included in the service being provided.

If they are reluctant to do so, they clearly have something to hide.

Contingency billing: real immigration consultants are forbidden from accepting payment on a contingency basis. This means that all clients pay for the work completed – not the final outcome of the application.

If a consultant is willing to break the Code of Professional Ethics and risk losing their license to practice, what else are they doing wrong on your file? If someone is willing to do this, they most likely have no license at all, which means that they did not go to school or train for how to assist you with your case.

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Make sure that you hire the right person to assist you, and most importantly, never send money to anyone claiming to be a consultant or lawyer until you have confirmed that they are actually licensed.

If you have questions about a Canadian study permit, contact us.

Tags: study permit

Top 7 Mistakes on In-Canada Spousal Sponsorship Applications

Date Posted: 2020/04/07

In-Canada Sponsorship Application

In our office, spousal and common-law partner sponsorships are one of the most popular types of applications that get submitted for PR in Canada.

In addition to representing clients and walking them through the application process step by step, we also offer a review service to make recommendations on sponsorship applications that people have already completed.

Here are the most common mistakes that we have found people make on their In-Canada class spousal sponsorship or common-law sponsorship applications:

1. Not including most recent Canadian entry stamp AND copy of flight itinerary to show current status in Canada

The biggest benefit of submitting an In-Canada class sponsorship application is that the principal applicant can get a two-year open work permit.

BUT, in order to be eligible to receive the work permit, the applicant MUST demonstrate that they have valid temporary status in Canada (as a visitor, worker, or student) at the time that the sponsorship and work permit applications are received by IRCC.

If you do not demonstrate that your status in Canada is valid, your work permit application can be refused.

These days, CBSA is not making this any easier as many, many temporary residents of Canada are not receiving a stamp in their passport showing the date of their last entry. If you are entering Canada, you can just ask CBSA to stamp your passport. But if you forget, don’t worry.

Include a copy of your flight itinerary to show the date you departed and the date that you arrived in Canada. We also recommend including an explanation of why you don’t have an entry stamp just to make sure there is no doubt that you are in valid status and eligible for your work permit.

2. Not including ALL step-children, step-siblings, and half-siblings on the Additional Family Info form (IMM5406)

If the sponsor has children, don’t forget this makes them the principal applicant’s step children and they should be included on the family info form.

If the principal applicant has half or step-siblings, make sure they’re included on the form and specified as half-siblings – no one should be left off the form.

3. If your native language does not use the Latin alphabet (Chinese, Russian, Vietnamese, Urdu, Hindi to name a few), make sure to write all names on the Additional Family Info form IMM5406 in their native language.

This is a tricky one – if you leave the native language off of the form, the application will be returned as incomplete.

Make sure that the names of all family members listed are written in the native language. If you don’t have the characters of the native language on your computer, you can write them in by hand after you have printed out the form.

4. Not making sure that the sponsor’s employment history and address history go back the full 5 years on the relationship info form IMM5532
A really common mistake that people make is either leaving gaps in the history or not taking the history back far enough.

Even a gap of one month can cause the entire application to be deemed ‘incomplete’ and returned. All historical accounts should be included with no gaps in between the occurrences.

For example, if you finished one job in April and then started a new one in June, you would still need to include that during the month of May you were unemployed.

5. Make sure that any previous application refusals are discussed in the Schedule A form IMM5669

No matter the reason for any previous refusal of an application such as a refused visitor visa or work permit, this refusal MUST be disclosed on the Schedule A form.

Failure to disclose a prior refusal could lead the applicant into the territory of misrepresentation, which is the absolute worst case scenario in Canadian immigration. Those found to have misrepresented face a 5-year bar from becoming a permanent resident. Don’t ever do it!

6. Translations MUST meet all of the requirements for Canadian immigration, regardless of where they were done. This includes a certified copy of the original foreign-language document and translator’s declaration as necessary.

Problems with translations happen most frequently when translations are done outside Canada. Translation services in Canada can be very expensive, so having the documents translated in their country of issue can sometimes save a lot of money especially if you have a lot of documents to translate.

However, translators abroad frequently are not familiar with the Canadian government requirements. If you submit an application with translations that do not meet the requirements, the application can be returned or you can be required to provide new ones.

The easiest way to avoid translation problems is to use a certified Canadian translator. If you still want to use a translator who is not certified, make sure you are completely clear on the requirements.

7. Making sure that you have enough proof that you reside together, and that you have done so for at least one year if you are common-law partners.

It’s extremely common for applicants and sponsors to live together with other family members such as parents or siblings, or even other roommates, in order to save money on rent. This is not a problem for your sponsorship application.

However, you do need to show that you currently live together and confirm how long this has been the case.

If you do not have a formal lease, your landlord can write a letter confirming when you moved in together even if they are your family member.

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If you decide to have one of our consultants review your In-Canada sponsorship application, they will go over all documents, forms, and relationship evidence in detail and provide you with written notes for changes and improvements which can make your application stronger and keep it from being returned.

The cost for sponsorship application review is $595 + HST.

Tags: family class, in-canada class, sponsorship

Canadian Experience Class ONLY Express Entry Draw

Date Posted: 2020/03/31

The latest Express Entry draw

CEC ONLY Express Entry Draw

This week, the 140th Express Entry draw occurred amid the current COVID-19 Crisis. IRCC issued 3232 invitations to apply. The significance of this latest draw was that it was for members of the “Canadian Experience Class” only.

This is only the second time in the history of Express Entry that there has been a separate individual draw for the “Canadian Experience Class”. The previous draw was held on February 20th, 2015, which was the third ever Express Entry draw. Typically, most rounds of invitations are for “No specified Category” which means that all 4 categories are included (CEC, FSW, FST, PNP). Occasionally, approximately twice per year, IRCC issue separate draws for the “Federal Skilled Trades” and the Provincial Nominee Program.

How Does This Effect You?

It is hard to imagine that the timing of this draw separate CEC draw is a coincidence amid the current COVID-19 crisis given that the majority of people who are eligible for the Canadian Experience Class are already in Canada.

Another interesting thing about this draw was the “cut off” score which is used to separate people with the same lowest CRS score. usually the “cut off” date is approximately 2-4 weeks prior to the day of the draw, however this latest draw has a cut off date of November 25th, 2019, which was 4 months ago.

If you have received an ITA in the latest draw, you can contact our office to request a review of your express entry PR application before you submit your application.

How Coronavirus COVID-19 Will Affect Your Canadian Immigration

Date Posted: 2020/03/19

UPDATED MARCH 23, 2020

The Coronavirus (COVID-19) pandemic which is sweeping the globe has left everybody with more questions than answers. Temporary residents in Canada are stressed and confused, and have no idea how the current situation will affect their Canadian immigration. We have listed the most common questions we have been asked during this crisis to hopefully alleviate some of the doubt and confusion

I have a biometrics appointment, citizenship test, or other immigration appointment. Is it cancelled?

Yes – all non-essential services pertaining to IRCC matters have been cancelled until further notice. This means all in-Canada landing appointments, citizenship tests, interviews, refugee claimant appointments etc. are cancelled.

Service Canada locations providing biometrics services are all closed.

Is the VAC closed?

The VAC is not providing any centralized information regarding coronavirus and how it is affecting their operations. Almost all Visa Application Centres abroad are closed.

If you have an appointment to provide biometrics or other information, you will be contacted to reschedule the appointment.

It is recommended that you contact your local VAC to confirm whether they are closed before proceeding to any scheduled appointment.

IRCC has confirmed that no application will be refused due to failure to meet deadlines for provision of information such as biometrics due to coronavirus.

I hold a Canadian Visa, Study Permit, Work Permit or Visitor Record, Can I return to Canada?

Yes, anyone who holds a valid work or study permit and visa (if applicable) can travel to Canada. Anyone who returning to Canada are instructed to self-quarantine for 14 days.

My permanent residency was approved and I received my Confirmation of permanent Residency (COPR), can I come to Canada to activate it?

Yes, if your permanent residency application was approved before March 16th, who have their COPR and Visa (if applicable), can travel to Canada. Please note that per government instructions, you will need to self isolate for 14 days after you arrive in Canada

My Confirmation of Permanent residency document is due to expire, what should I do?

If you are unable to travel to Canada prior to the expiry of your confirmation of permanent residency document, you must submit a case specific enquiry to IRCC informing them of the reason why you were unable to travel to Canada. IRCC will bring your case forward once travel restrictions have been lifted. IRCC has explicitly stated that no one’s application will be refused because they were unable to travel due to coronavirus. We highly recommend you take screenshots of your case specific enquiry prior to submitting.

I am a worker or student in Canada, can I claim employment insurance? (EI)

Yes, if you are not a Canadian citizen OR permanent resident, you may still be eligible for Employment Insurance (EI). If you are or have been employed in Canada and have contributed to EI through your tax deductions, you may be eligible for employment insurance if you

were employed in insurable employment;
lost your job through no fault of your own;
have been without work and without pay for at least seven consecutive days in the last 52 weeks;
have worked for the required number of insurable employment hours in the last 52 weeks or since the start of your last EI claim, whichever is shorter;
are ready, willing and capable of working each day;
are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).

Please note that some of the criteria may be subject to change in light of the coronavirus. Some individuals who are self-employed may also be eligible for government assistance. To determine whether you are eligible, please visit the Canadian government website.

My application has been submitted and is currently in process. Will the Coronavirus create processing delays?

There has been no official statement regarding this matter, however it is almost certain that the current coronavirus pandemic will have an extreme negative impact on processing times no matter the type of application you have submitted, and regardless of whether the application is being processed overseas or within Canada. Furthermore, there is no way to determine how long the coronavirus may effect processing times. Please check the Canadian government website for current processing times keeping in mind that they are more then likely subject to change.

I am on implied status, will the coronavirus affect my status?

No, as long as you submitted your application using IMM5708, IMM5709 or IMM5710 prior to the expiry of your previous study permit, work permit or visitor stamp/record, you may continue to remain in Canada on the same conditions of your last status permit/record regardless of the expiry date. As processing time will likely be affected, this means that you could be on implied status longer than you originally expected until a decision on your application is eventually received.

My status expired. Can I still apply to restore my status?

As long as your status expired within 90 days, you can apply to restore your status. If your status has been expired for more than 90 days, you can apply for a TRP to regain legal status in Canada.

I am on implied status, am I eligible for provincial health coverage? OR

I have no status in Canada and I am illegal, am I eligible for provincial health coverage?

As all health coverage is provincially regulated, you will need to contact your local provincial service center to see if you are eligible for health coverage. Please note that some provinces do not issue health coverage while on “implied status”. If you are unable to receive health coverage you should look at alternative option such as private health insurance. Please make sure you read the policy to ensure that the private health coverage covers “pandemics” and will also issue you while you are not in your country of citizenship. Furthermore, if you cannot afford private medical insurance, there are several Canadian charities and organization who can advise and assist you.

Note: Regardless of whether or not you have provincial health coverage or medical insurance, private insurance or company benefits, any person in Canada has the right to medical treatment or care should it be required. If you are sick or ill and you need medical assistance you should go to your nearest emergency room/hospital, or in more serious circumstance’s call 911. Please carefully follow the government instructions for people showing symptoms of coronavirus.

Due to the Coronavirus situation, I am unable undergo an immigration medical exam, submit my passport, provide biometrics, provide a police certificate as requested by IRCC. What should I do?

Any and requests for applicants to submit their passport, provide biometrics, undergo a medical examination, provide a police certificate or provide any other document will be given 90 days automatically instead of the usual 30 days, regardless of what your letter states. Should you be unable to submit these documents within 90 days, you must submit a case specific enquiry to IRCC informing them of the reason you could not submit the document requested. For the immediate future, no application will be refused or cancelled because of a missed deadline or missing document. Please be sure to always enclose a letter of explanation.

I received my Invitation to Apply (ITA) through Express Entry, however I am unable to obtain all of the required mandatory documents prior to the 60 day timeframe because of the Coronavirus, what should I do?

You must proceed to submit your PR application within the 60 day period with as many documents you can obtain. Any document you are unable to obtain, ie, proof of medical, police certificate, you must upload a letter of explanation in place of the required document, detailing the reason why you were unable to obtain the document in question. Should you manage to obtain the document after you have submitted your application, you can either submit the document through case specific enquiry OR upload the document only if IRCC have requested it and have created a space in your application to upload it. Until then your application will be held until further notice.

I must return to my home country because my family member is ill or has passed away, what should I do?

You must first see if your country of citizenship has imposed travel restrictions and check to see if there are any available flights available from Canada. We strongly advise that you contact your nearest consulate or embassy representing your country of citizenship for advice and assistance.

I am a visitor in Canada and I have applied overseas for a work permit or study permit which is in process, however, due to the coronavirus it is delayed and my visitor status in Canada is due to expire. What should I do?

You must submit an application to extend your stay as a visitor in Canada online BEFORE your current visitor status expires. You can explain the situation in a letter and upload it as part of your application. You should also reference the work/study permit application number that you are awaiting a decision on.

I need to activate my IEC work permit, but I can’t due to the Coronavirus, what should I do?

If you are currently in outside of Canada and you have received a decision on your IEC application and your port of entry letter, you should wait until the travel restrictions have ended, then come to Canada and activate your work permit.

If you are currently in Canada, you should not leave Canada until the travel restrictions have ended. If your current status is due to expire before you can activate your IEC work permit, you must submit an application to extend or change the conditions of your current status BEFORE it expires. Please note that an IEC approval letter does not give you status. It is also important to note that you have 1 year to activate your IEC work permit from the date of the approval letter.

I was scheduled to take my citizenship test or citizenship oath, but everything has been cancelled due to the Coronavirus, what should I do?

All citizenship tests and ceremonies have been cancelled in light of the Coronavirus. If you have received your letter confirming your appointment for your test or oath. You do not need to take action as IRCC will contact you with a new appointment once normal service resume.

I am sponsoring or want to sponsor my spouse, common-law partner, child, or other family member. Due to coronavirus, I have been laid off and need to apply for Employment Insurance (EI). Can I still sponsor them.

Yes – there is a bar against being on social welfare if you are applying to be a sponsor. However, receiving employment insurance (as well as being on disability) is not considered social welfare. You may continue to sponsor your family member even if you are in receipt of EI.

If you are the applicant and have been approved for PR, you are allowed to apply for EI assuming that you meet the eligibility requirements. If you apply for EI during the time of your sponsor’s undertaking for you, the sponsor does not have to pay this money back as it is not considered social welfare. If you pay EI premiums as an employee in an insured job, then you are entitled to apply for EI.

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Please note that the information contained in this article is accurate as of the time and date of publication. However, circumstances may change suddenly and without warning. The information contained in this article does not constitute legal advice. It is strongly recommended that you consult with a professional regarding your immigration situation before making any decisions which could impact your status. Doherty Fultz Immigration Inc. is not liable for any action taken based upon general information contained on this site without retaining DFI as representative.

If you need to extend or restore your status, or have questions about how coronavirus will affect your Canadian immigration, contact us.

Tags: coronavirus, PR, Visitor Status, Work Permit

Extend or Restore Your Status in Canada – Coronavirus

Date Posted: 2020/03/18

The coronavirus COVID-19 is impacting all of our lives in a serious way. The last thing that anyone wants to do now is get on a plane to leave Canada, especially if you don’t know when you will be able to come back.

If your status in Canada is expiring soon or has already expired, then you have a couple of options to remain in Canada.

If your status in Canada has not yet expired:

If you are currently a worker, student, or visitor, you can apply to extend your status to remain in Canada with legal status.

You have to submit your application before the expiry date of your current status. If you do this, you will have what is called implied status. Implied status is continued legal status under the same conditions that you originally entered Canada with.

You will continue to have implied status as long as you remain in Canada until a final decision is made on your application to extend your status, and you can continue the same activities such as studying, working, and visiting, as you were allowed to do when you entered Canada.

If you are not eligible to extend your study permit or work permit:

You can apply to change your conditions and remain in Canada as a visitor.

If your temporary status as a visitor, study permit, or work permit has already expired:

If your work permit, study permit, or visitor status expired less than 90 days ago, you can submit an application to restore your status.

Not to worry – a lot of people think that the moment their status in Canada expires, the police will show up and arrest or deport them! This is absolutely not the case.

You have 90 days to restore your temporary status. If you are not eligible to restore your status as a worker or student, you may apply to restore as a visitor so that you do not have to leave Canada during the COVID-19 crisis.

If your status expired more than 90 days ago:

If your study permit, work permit, or visitor status expired more than 90 days ago, then you are no longer eligible to restore your status.

However, you do have the option to apply for a Temporary Resident Permit in order to regain legal status in Canada.

If your temporary resident permit is valid for 6 months or more, then you may apply for a work permit or study permit which will be valid to the expiry date of the TRP.

Fees

Fees for a status extension or restoration application usually range from $350 – $500 per person + government application fee.

Temporary Resident Permit fees for individuals inside Canada without status usually range from $500 – $1000 per person + government fees depending on the circumstances.

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The government of Canada has been explicit about wanting to limit exposure to COVID-19 coronavirus sickness to all people currently present in Canada. This includes not only Canadian citizens and permanent residents, but also temporary residents and even those without status.

All people in Canada are encouraged to seek medical attention should they begin to exhibit coronavirus symptoms.

Tags: coronavirus, visitor

How To Get A Canadian Study Permit Approved From Nigeria

Date Posted: 2020/03/02

Nearly every Canadian study permit refusal letter mentions the same reason for refusal:

I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on ____________.

(For more common reasons for refusal, click here.)

When applying for a study permit from Nigeria, there are several things that you can do in order to maximize your chances of approval and persuade the immigration officer that you are a bona fide student and good candidate for a study permit.

Have a good study plan.

When you are applying for a study permit from several countries, including Nigeria, having a solid study plan is paramount to your Canadian study permit application.

You have to be able to demonstrate several things:

WHY you want to take the particular program in Canada which you have been accepted to
WHY you could not just attend the same program at home in Nigeria
HOW attending this program will improve your career prospects

Many people treat a Canadian study permit as a last resort for immigration to Canada and apply for a study permit after their visitor visa or work permits have been refused. Answering all of these questions in advance for an immigration officer help explain why you are a bona fide, genuine student and that this is not the case for you.

Provide impeccable proof that you are able to finance your studies in Canada.

When it comes to a study permit application, money talks.

Immigration officers want to see that you will 100% be able to pay for your full year’s tuition without any problem and will not be forced to work to pay for your studies in Canada or apply for social assistance.

Despite the fact that if you are studying at the college or university level you are able to work while you study, you are not allowed to count any income you would earn while you study as part of your ability to pay for your schooling in Canada.

How much money do you need to have to study in Canada?

You must show that you have enough money to pay the first year’s tuition PLUS CAD$10,000 in unencumbered cash (outside Quebec).

Finally, you need to be able to show where this money has come from. A bank statement alone is often not enough – you need to provide employment letters, tax documents, etc. from whomever is paying for your studies in Canada.

Give a good explanation of your current work situation, future work plans, and your personal finances.

One of the most common reasons for refusal of a study permit from Nigeria is:

I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your current employment situation and/or personal assets and financial status.

You need to demonstrate to the officer that you have enough liquid cash to meet your financial obligations for study in Canada regardless of whether you are currently working. If you are not currently working, you should be able to provide a valid reason why (such as still being in school fulltime).

WATCH OUT FOR FRAUD

There are many, many fraudulent and fake immigration representatives, especially operating outside Canada. For more information about how to tell if an immigration consultant or lawyer is fake, click here.

Sometimes they call themselves “migration agents,” “migration consultants,” or even “lawyers.” Only a regulated Canadian immigration consultant (RCIC) or immigration lawyer licensed by a Canadian law society is legally allowed to take money for assistance with a Canadian immigration application.

If an “agent” or “consultant” tells you to pay a fee for their assistance, ask for their ICCRC number. You can then look this number up on the ICCRC website to see if they are really licensed. If you’re dealing with a “lawyer,” ask them for their Law Society number and you can look them up on the Law Society website.

You can also look any licensed representative up by name. You can even see if they have ever had a complaint or disciplinary action taken against them. If an “agent” or “consultant” will not give you their license number, this is a huge RED FLAG that they are not legitimate. Let us know if you think you are dealing with a fake consultant.

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Again, when it comes to Canadian study permit applications, MONEY TALKS.

These are the most common reasons for refusal from Nigeria, however others do come up as well such as:

Travel history
Economic conditions in your country of residence
Purpose of your visit

Any and all reasons for refusal can be overcome in a new application. However, this is much easier to do when you have had a single refusal rather than multiple refusals. If your study permit application is refused, it is heavily recommended that you seek professional advice to plan your next move before you submit a new application.

Once you complete your studies in Canada, then you can apply for your Post-Graduate Work Permit and eventually become a permanent resident.

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If you aren’t sure where to go from here, or you have had multiple refusals, contact us to find out the best way to move forward with your studies in Canada.

One of our partners, Cassandra Fultz, specializes in study permit applications with prior refusals. She has helped dozens of applicants with prior study permit refusals get their Canadian study permit applications approved – many of them are studying at Canadian colleges and universities right now.

Book Appointment

Tags: refusal, study permit