Immigration Law

Immigrating to Canada

Generally speaking, applications to immigrate to Canada must be made from outside the country. Please note that in all cases, the process for immigrating to the Province of Quebec is handled differently than that of the other provinces. We can assist you with the application process for all categories of immigration, including:

Temporary Residence

Visitor Visas
Visitor Visas allow the holder to reside temporarily in Canada. Citizens and residents of certain countries do not need a visa to visit Canada (for further information, you may contact our office, or see Citizenship and Immigration Canada’s website at http://www.cic.gc.ca/english/visit/visas.asp#exemptions

Work Permits
Work permits allow you to work in Canada. People in certain fields do not need permits to work in Canada. Work permits are also available for certain categories of applicants awaiting final status, such as refugee claimants.

Live-In Caregivers
The live-in caregiver program allows for temporary residence, but allows applicants to apply for permanent residence after a certain period of living/working in Canada.

Trade-Agreement Work Permits
Some applicants coming to conduct business from countries with which Canada has one or more trade agreements may obtain a temporary residence permits on an expedited basis.

Student Visas
Student visas allow accepted students to study in Canada, to reside in Canada for the length of their studies, and to work in certain jobs (i.e. on campus) while they are pursuing their studies.

Permanent Residence

Skilled workers and professionals
This is the basic category of immigration to Canada. To be eligible, you must be able to speak, read and write in either English or French, and you must either have an approved offer of arranged employment in Canada, or have qualifications and experience in certain designated areas. Other factors include your education and your ability to adapt to Canada.

Provincial nominees
Similar to applying as a regular skilled worker/professional, the provincial nominee class allows applicants to apply directly to a province for nomination. Provinces may weigh factors slightly differently than the regular skilled worker/professional application process.

The Canadian Experience Class
If you have experience working in Canada, you may be eligible to apply through this special class. Your application must be submitted within one year of leaving your job in Canada, or while you are still working there.

Investors
The investor program is temporarily suspended. It will allow applicants with a minimum net worth of CAD$1,600,000, who undertake to invest CAD$800,000 in the economy to immigrate as investors.

Entrepreneurs
The entrepreneur class allows those who have certain management and business-ownership experience, as well as a minimum net word of CAD$300,000 to immigrate to Canada and start or purchase and manage a business. Permanent resident will be confirmed if several criteria are met within three years of landing.

Self-Employed
Some professions and experience do not fit into the regular categories. The self-employed class includes people with experience in cultural activities (such as librarians, archivists, conservators, curators; writers, translators, public relations professionals; creative and performing artists; technicians in libraries, archives, museums and art galleries; photographers, graphic arts technicians, technical and co-ordinating occupations in motion pictures, broadcasting and the performing arts; announcers and other performers; and creative designers and craftspersons), athletics (such as athletes, coaches, referees, sports officials, and program leaders and instructors in recreation, sport and fitness), and farm management.

Sponsorship Applications (from within Canada)

Family Reunification (Permanent Residence Permits)
A qualified sponsor with Canadian status (not necessarily living in Canada) can apply to bring certain family members to Canada. Sponsorship generally requires an undertaking to support the person for a certain amount of time after they arrive. Dependants of the sponsored person are usually included. The sponsored person must belong to one of the following categories:

  1. Spouse/partner: this is person with whom the sponsor
    1. is legally married, under the laws of Canada and the place where the marriage was performed; or
    2. is in a common-law relationship, meaning that they have a conjugal relationship and have lived together for at least one year; or
    3. is in a conjugal relationship–if they are not able to live together–for at least one year meaning they are viewed by themselves and others as partners, share responsibilities and assets, among other factors.
  2. Dependant child: this is a person who is either the biological or legally adopted child of the sponsor, and is either under 22 and single, or if over 22 is dependant on the parent because of studies or disability.
  3. Parents or grandparents
  4. Brothers or sisters where they are single and under 18
  5. Nieces or nephews where they are single and under 18
  6. Grandchildren where they are single and under 18
  7. Other relatives: if you are single and have no children or other relatives in Canada, and have no relatives you can sponsor under any of the other categories, you may apply to sponsor a relative to Canada.

Adoption
Adopting children from outside the country requires compliance with both federal and provincial adoption requirements, as well as applying for the adopted child to received either permanent residence or citizenship before they are able to enter Canada.

Regularizing status
For those already in Canada, with status or without, who would like to obtain permanent residence.

Protected person permanent residence
Successful refugee or pre-removal risk assessment claimants may, after one year, apply for permanent residence from within Canada.

In-Canada spousal applications
Although spouses are usually sponsored from outside Canada, people living in Canada without permanent residence who are married to or partners with a Canadian permanent resident or citizen can apply to be sponsored from inside the country.

Humanitarian and Compassionate applications
Humanitarian and compassionate applications are designed for those who, because of factors like disproportionate hardship, the best interests of children involved, or establishment in Canada, may be able to request an exception to the regular permanent residence application procedure from inside or outside Canada.

The lawyers at Jackman Nazami & Associates are able to assist claimants at any stage of the immigration process, and you may contact us at (416) 653-9964 during regular business hours to schedule an initial consultation.