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Category Archives: Spouse

Mission Ambedkar  /  Blog  /  Spouse
07 Jul 2020
Who can submit a paper application to stay in Canada?

Who can submit a paper application to stay in Canada?

Categories canada, Canadian Experience, Caregiver, Common-Law, immigration, immigration news, International Students, IRCC, News, Spouse, Student Permit, students, Study Permit, Temporary Resident Permit (TRP), TFW, Work Permit 0 Comments

Foreign nationals in Canada seeking to extend their stay must apply electronically (online) unless they are one of the exceptions. On June 4, 2019 the Immigration and Refugee Protection Regulations (IRPR) were amended to make an electronic application mandatory for most temporary residence applications made from within Canada. Applications need to be sent electronically if foreign nationals want to:

However, Immigration, Refugees and Citizenship Canada (IRCC), allows some exceptions to this rule.

Exceptional circumstances

There may be exceptional circumstance beyond the control of foreign nationals, individuals, or entities, and can be grounds for bypassing the online application requirement. Applicants may fall under this exemption if they cannot submit online application because of inadequate, or incompatible electronic infrastructure in their country. Exceptional circumstances could also include a natural disaster, political turmoil, or another situation that limits their access to electronic communication.

Disability

A foreign national or an individual who, because of a disability, is unable to meet a requirement to make an electronic application may also apply paper-based application.

System restrictions 

There are 2 online systems that clients can use

Come to Canada tool and MyAccount are inadequate for specific applicants inside Canada. As a result, the applicants may be exempt from the mandatory online application.

List of the programs exempt from electronic (online) application are as follows:

  • Open work permit pilot program for permanent residence applicants in the spouse or common-law partner in Canada class.
  • Live-in caregivers who have submitted an application for permanent residence
  • Permanent residence applicants in Canada who used Express Entry to submit their permanent residence application and have received an acknowledgment of receipt letter
  • Start-up visa work permit applicants
  • Quebec physicians
  • International Experience Canada (IEC) participants extending the period of participation or changing employers
  • Post-graduation work permit (visitor record to post-graduation work permit and post-graduation work permit extensions
  • In-Canada applicants under the 2 pilots for caregivers [Home Child Care Provider Pilot (HCCPP) & Home Support Worker Pilot (HSWP)]
  • Destitute students
  • Holders of a temporary resident permit valid for a minimum of 6 months
  • Seafood-processing workers
  • Non-Seasonal Agricultural Worker Program (SAWP) Guatemalan workers
  • Urgent referrals process for work permitsor otherwise specified by the Clients Support Centre’s call handling document
  • Refugee claimants
  • Persons under an unenforceable removal order
  • Failed refugee claimants waiting for removal who need to support themselves
  • Visitors in Canada applying for an initial study permit, work permit or both who are accompanying a spouse holding a low-skilled work permit

If the foreign national has an authorized paid representative with access to Canada’s APR portal, the representative is required to submit applications electronically on behalf of their client.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we will provide our insights and help as much as we can during these difficult times.

We Care!

07 Jul 2020
Canada’s immigration in second half of 2020

Canada’s immigration in second half of 2020

Categories Biometrics, canada, Canadian Experience, COVID-19, express entry, immigration, immigration news, International Students, IRCC, ITA, News, Permanent Immigration, Permanent Residence, PGWP, PNP, Skilled Worker, Spouse, Student Permit, students, Study Permit, TFW, Travel, travellors, VAC's, visit, Work Permit 0 Comments

The COVID-19 pandemic has had a major impact on Canada’s immigration system where immigrants were affected by numerous disruptions like difficulties in accessing language testing, credentialing services, biometrics, or other government services while immigration professionals have also been working hard around the clock to adjust to all the policy changes related to immigration.

However, things are continuing to improve in the second half of 2020 such as

  • Immigration candidates can now book and complete an English language test, and obtain an Educational Credential Assessment (ECA)
  • IRCC is giving candidates more time to submit their documentation, and are not refusing anyone if they are unable to submit a complete application due to COVID-19 interruptions
  • Canada is as committed as ever to welcoming immigrants to support its economy

But there are some of the major issues we should look out for in the remaining six months of 2020.

Travel Restrictions

The biggest issue is when the travel restrictions will be lifted with the U.S. and the rest of the world. Certainly, no one knows. It depends on how successful Canada and other countries will be in containing COVID-19. However, as soon as pandemic will be under control Canada can exempt more immigrants and lift the restrictions.

International Students

Another major issue is whether Canada will accommodate international students in time for the fall 2020 semester. Although IRCC is processing study permits but under current travel restrictions, international students who did not have a valid study permit prior to March 18 are unable to come to Canada. It is anticipated Canada may exempt new study permit holders who wish to begin their studies in Canada by September later this summer.

Federal Skilled Worker Program (FSWP)

Since the start of the pandemic, however, express entry draws have only focused on Provincial Nominee Program (PNP) and Canadian Experience Class (CEC) candidates since they are less likely to experience coronavirus disruptions than overseas candidates. However, there are few important points to note:

  • Some of the CEC and PNP candidates now receiving ITAs are also overseas
  • By the time that successful candidates submit their permanent residency applications and they are processed by IRCC, we will be in 2021. At that point, hopefully, Canada’s border rules will have been eased
  • Why should FSWP and Federal Skilled Trades Program (FSTP) candidates—some of whom are currently in Canada—be excluded from EE draw
  • It is more likely IRCC may include FSWP in EE draws

Family Class

Yet another important question right now is whether IRCC will renew the Open Work Permit Pilot before it expires on July 31. The pilot gives an open work permit to spouses and partners of Canadian citizens and permanent residents who are waiting for their spousal sponsorship application to be processed. Given how beneficial this pilot is to Canadian families and the economy, we should expect it to be renewed.

Also, Parents and Grandparents Program (PGP) has been delayed due to its improvement by IRCC and the onset of COVID-19. However, IRCC may announce details about the program’s launch later in 2020.

Immigration Levels Plan 2021-2023

Another biggest story in the next six months will be 2021-2023 Immigration Levels Plan announcement by the Government. By November 1st, we will know the extent to which COVID-19 is going to impact Canada’s short- and medium-term immigration goals.

Altogether, COVID-19 has not impacted Canada’s need for immigration, so there is a strong chance immigration levels will remain high in 2021 and beyond.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

19 Jun 2020
Temporary foreign workers who can enter Canada

Temporary foreign workers who can enter Canada!

Categories canada, CBSA, Coronavirus, COVID-19, entry, immigration, immigration news, IRCC, LMIA, News, Quarantine, Spouse, TFW, Travel, travellors, visit, Work Permit 0 Comments

IRCC has provided updated guidance for temporary workers who are exempt from travel restrictions and can enter Canada while COVID-19 travel restrictions remain in place. Work permit holders are among those exempt from the travel restrictions if their trip to Canada is for essential reasons. Immigration, Refugees and Citizenship Canada (IRCC) released the current guidance to provide more clarity to its staff and work permit holders about what constitutes essential travel.

Temporary workers who are exempt from travel restrictions

The foreign nationals who are currently outside Canada are not subject to Canada’s travel restrictions if travelling to Canada for a non-optional or non-discretionary purpose:

  • Foreign nationals who hold a valid Canadian work permit (including an open work permit)
  • Foreign nationals who has a positive decision from IRCC (documented by a letter of introduction) on a work permit application but whose work permit has not yet been issued

 Work-permit exempt foreign nationals seeking to work in critical occupations are prioritized

IRCC will continue to prioritize the processing of work permit exemption applications overseas and in Canada to work in health, safety, and food security reasons. These foreign nationals are not subject to travel restrictions and may not be subject to the mandatory 14 – day quarantine period currently in place for most people entering Canada. Critical occupations include:

  • providers of emergency services for the protection or preservation of life or property (e.g. firefighters and medical service providers)
  • Foreign nationals who qualify for an LMIA – exempt work permit and their work are related to the protection or preservation of life or property related to the COVID-19 response and maintenance of critical infrastructure or services
  • persons permitted to work as a student in a health field including as a medical elective or clinical clerk at a medical teaching institution in Canada, for the primary purpose of acquiring training, if they have written approval from the body that regulates that field
  • workers in the marine transportation sector who are essential for the movement of goods by vessel
  • persons who seek to enter Canada for the purpose of delivering, maintaining, or repairing medically necessary equipment or devices
  • persons who seek to enter Canada for the purpose of making medical deliveries of cells, blood and blood products, tissues, organs or other body parts that are required for patient care in Canada during or within a reasonable period of time after the expiry of the Order

Non-optional or non-discretionary travel scenarios (worker can come to Canada)

  • A foreign national has a valid work permit and ordinarily resides in Canada. Even if the person does not currently have a job in Canada, they can still enter the country since Canada is currently their primary residence.
  • A foreign national has a letter of introduction for an open work permit, has a valid job offer, and will be able to work once they enter Canada.
  • A foreign national has a letter of introduction for an employer-specific work permit, with a valid job offer, which they will be able to pursue upon entering Canada.

Optional travel scenarios (worker can not come to Canada)

  • A foreign national has a letter of introduction for an employer-specific work permit, but the business of their prospective employer is closed due to the COVID-19 outbreak.
  • A foreign national has a letter of introduction for an open work permit, has not secured a job contract and is simply planning to search for work opportunities in Canada.

Context-specific scenario

Officers will make discretionary decisions based on foreign national’s situation. Factors like foreign national’s current ties to Canada, whether they will be working in an essential occupation, and other motivations for travel to Canada such as whether an individual will be arriving to care for their children will be considered by the officer. For example, the spouse of the essential worker may be required to move to Canada to care for their children, given that schools are closed.

The Orders also exempt foreign nationals whose travel to Canada is authorized in writing by an officer or by a Global Affairs Canada (GAC) consular officer for the purpose of reuniting immediate family members (for example, a temporary worker is in Canada but their spouse and children went home to visit family and now cannot come back).

International Experience Canada (IEC) work permit applicants who received a letter of introduction and are outside Canada

IEC candidates who received a letter of introduction and have an offer of employment with an employer who is still operating during the COVID-19 outbreak may enter Canada. This applies to all IEC work permit holders under the three IEC categories (Working Holiday, Young Professionals, and International Co-op).

IRCC is still accepting and processing new work permit applications. Applicants outside of Canada can submit new work permit applications online. IRCC advises foreign nationals to ensure that their employer is currently allowed to operate based on the rules set out by the provincial or federal government that presides over the employer’s location. Applicants can also continue to submit applications to extend or to change conditions on their work permits from within Canada. Certain in-Canada applicants may still apply using paper applications if they meet one of the exemptions from the mandatory e-application requirement.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

09 Jun 2020
IRCC policy updates for international students amid Coronavirus pandemic

IRCC policy updates for international students amid Coronavirus pandemic

Categories Biometrics, canada, Canadian Experience, Citizenship, Coronavirus, COVID-19, express entry, immigration, immigration news, International Students, IRCC, IRCC Web Form, News, Permanent Immigration, Permanent Residence, PGWP, Skilled Worker, Spouse, students, Study Permit, TFW, visit, Work Permit 0 Comments

Canada introduced travel restrictions and temporary changes to immigration policy to contain the spread of the novel coronavirus. However, Immigration, Refugees and Citizenship Canada (IRCC) remains committed to serving the needs of international students and other temporary and permanent residents. Summary of important developments related to international students and immigration during the current coronavirus pandemic is as follows:

I have a study permit or work permit that will expire in the coming weeks and I am unable to obtain a new passport or access required documents. Will I be given an extension?

International students in Canada should apply online to renew their permit in order to trigger implied status. This would allow them to continue studying or working in Canada while their application is being processed.In addition, applicants who are unable to access required documents or get their biometrics, must attach a explanatory letter detailing the situation. If the application is incomplete, it will not be refused, and the applicant will be given 90 days to submit their documents.

Will my study permit take longer to be processed with all the service disruptions in place due to COVID-19?

IRCC will still process study permit applications, but there may be some processing delays.

I have had my May intake acceptance deferred to September. Will I need a new Letter of Acceptance?

If you are in Canada at the time of deferral, you must begin your studies within 150 days from the date of deferral, or the following semester, whichever comes first. If this is not possible, you will have to change your status (for example, to a visitor status), or leave Canada.

I have a study permit or have been approved for one, and will start online courses in summer or fall 2020. Will this affect my future Post-Graduation Work Permit (PGWP) eligibility?

You may begin your classes while outside Canada and complete up to 50% of your program. In this case, you will remain eligible for the PGWP and you will not have any time deducted from the length of your future PGWP, up to December 31, 2020.

I do not have a study permit. Can I still start my studies online from abroad?

Yes! You may start your studies online from abroad without having a study permit. However, in relation to your studies contributing to your future PGWP eligibility, you would need a study permit or a study permit approval.

If I am starting my courses online, do I have to be a full-time student to maintain future PGWP eligibility?

Yes! You are expected to study full-time unless your Designated Learning Institution (DLI) is currently unable to offer full-time study.

I am a new graduate with implied status awaiting a decision for my PGWP application. I also have a job offer letter. Will I be allowed to come to Canada?

If your study permit is no longer valid, you will need to have a Letter of Introduction to be exempt from the travel restrictions. A Letter of Introduction is the letter you receive from IRCC once you have been approved for the PGWP.

What would be the impact to my PGWP eligibility if my courses moved online and will now account to more than 50% of my overall study?

If you were already in Canada and your course or program has moved online due to COVID-19, you may still be eligible for the PGWP, even if your online study now accounts for more than 50% of your overall study.

If I start my studies online from abroad without an approved study permit, will this time be included towards a future PGWP application?

No! Time spent studying online from abroad without a valid study permit or approval will not count towards your eligibility for PGWP.

I am an international student and I have accessed the Canada Emergency Response Benefit (CERB). Will I still be eligible to apply for PGWP or Permanent Residence (PR)?

If you have accessed CERB, this will not affect your eligibility for PGWP or PR.

My son, daughter or dependent is a minor with a valid study permit. Am I allowed to come to Canada?

Immediate family members of residents who are not Canadian citizens or permanent residents are exempt from the travel restrictions and may be able to come to Canada. However, before coming to Canada, you must first obtain authorization from IRCC to be able to board a flight. To do this, submit a request by sending an email to: IRCC.COVID-TravelExemptions-Exemptionsdevoyage-COVID.IRCC@cic.gc.ca. In addition, if you do not already have a temporary visa or an Electronic Travel Authorization (eTA), you will first need to apply for one.

Can I work full-time if my semester is suspended?

A suspended semester is not considered a scheduled break. Therefore, you will only be able to work the same number of authorized hours detailed on your study permit.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

08 Jun 2020
Family Members can now enter Canada- Justin Trudeau

Family Members can now enter Canada- Justin Trudeau

Categories canada, Common-Law, Coronavirus, COVID-19, immigration, immigration news, News, Spouse, visit 0 Comments

Prime Minister Justin Trudeau announced today that immediate family members will be able to enter Canada effective June 9, 2020. Foreign nationals, irrespective of which country they are entering Canada from, are eligible to enter Canada if they are an immediate family member of a Canadian citizen or permanent resident and do not have COVID-19 or exhibit any symptoms of the virus. However, their visit must be at least 15 days long and they must self-quarantine by law for 14 days upon entering Canada.

Immediate family is defined as:

Spouse or common-law partner ¦ Dependent children ¦ Parent or step-parent ¦ Guardian or tutor

The exemption does not apply to temporary residents in Canada. Only Canadian citizens and permanent residents can be reunited with family.

Immigration minister Marco Mendicino said that this new exemption for families was to bring families closer together, however the federal government would not allow short-term trips. This is meant to protect the health and safety of Canadians.

A Canadian Citizen or Permanent Resident can sponsor

  • a spouse, common-law partner or Conjugal Partner for Canadian permanent residence under family class sponsorship program
  • their dependent and adopted children to join them in Canada
  • their parents and grandparents to Canada as a Permanent Residents under parent & grandparent sponsorship

A Canadian Citizen or Permanent Resident can also invite parent and grandparent on Super Visa which allows the parents and grandparents of Canadian Citizens and Permanent Residents to come to Canada as visitors. The super visa is a multiple-entry visa valid for 10 years.

Contact us for consultation and assistance!

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

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