Author Archives: Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association.

How 4 Years of President Trump Could Affect Canada

trump-canada

It’s been said that when America sneezes, Canada comes down with a cold.

Many people have that in mind in light of the recent election results, in which Donald Trump became president of the US. Millions of Canadians are asking themselves right now what a Trump presidency means for Canada. Within hours of Trump’s election, Canadian news outlets and commentators tried to answer that question. Read on to learn how Trump’s presidency will affect the True North.

Will Droves of Americans Immigrate to Canada?

On the night of November 8th, Canada’s immigration website crashed due to what many suspected were millions of Americans trying to figure out how to emigrate to Canada. In addition, searches for one-way flights from the US to Canada spiked, as did the search term “moving to Canada” on Google.

In spite of Americans’ desire to move to Canada now that Trump has won the presidency, will record numbers of people from the States emigrate? It’s too soon to tell now, although Canadian immigration lawyers have seen an increase in inquiries from Americans about emigrating.

This isn’t the first time Americans have threatened to move to Canada en masse. In fact, it seems to happen fairly frequently. After the Supreme Court made same-sex marriage legal in 2015, some Americans warned they’d move to Canada (obviously unaware that the True North had legalized same-sex marriage ten years prior). They didn’t make good on their threat – there hasn’t been a major change in American immigration to Canada since the Vietnam War. Even the number of Americans who moved here between 2001 and 2014 is significantly smaller than the number of their compatriots who fled the country to escape the draft.

While Americans enjoy making such idle threats, they do so without understanding what it takes to emigrate to Canada. The most common ways to become a Canadian permanent resident is to either receive a job offer or have a family member sponsor you. Trying to get in without either of those things is extremely difficult. Canada is quite selective about who it lets in. It’s much easier to come to Canada on a temporary basis through a work permit or a student visa. Those would allow Americans to stay for four years – just enough time to see whether Trump is re-elected.

What about Trump’s Policies on Immigration to the US?

One of the reasons so many Americans are alarmed at the prospect of a Trump presidency is his stance on immigration.

From the beginning of his campaign, Trump claimed he’d build a wall between the US and Mexican border, and make Mexico pay for it. As the campaign wore on, the Republican candidate pledged he’d ban immigrants from countries that he deemed to be exporters of terror. Not coincidentally, those countries have large (if not majority) Muslim populations.

How will Trump’s immigration policies affect Canada? For a start, they stand at odds with Canada’s stated commitment to accept Syrian refugees. That could be problematic for Canada. Canada and the US work closely together to screen foreigners to facilitate higher volumes of trade between the two countries. Should Canada make plans to accept more Syrian refugees, President Trump might object.

It would seem that Trump’s win has empowered politicians on this side of the border who wish to vet immigrants to ensure they share democratic values. Kellie Leitch, a contender for the Conservative Party leadership, applauded Trump and expressed the hope the same plan could be implemented north of the border.

Turn to an Immigration Law Expert for Advice on Moving to Canada

Are you interested in immigrating to the U.S. or moving to Canada? Contact VisaPlace today.

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Published on: November 10th, 2016Published by: Michael Niren

Trump Wins the Presidency and the Canadian Government’s Immigration Site Crashes

immigration site crashes trump

What a night! On the eve of the election of the 45th President of the United States, Donald J. Trump beats Hillary Clinton for the presidency against all odds. The political pundits were united in their predictions that Clinton would handily win this one….but they were wrong.

As millions watched the media networks tally up the votes, it became clear that the momentum was in Trump’s favour.

As of the writing of this blog, Trump has accumulated 279 electoral college votes exceeding the required 270 to win the presidency. But despite his win, millions of Americans did not support him and prior to the election many were exploring immigration options to Canada should Trump win. Weeks leading up to the election we were contacted by the media on numerous occasions about increasing interest in Americans considering their options for moving to Canada. And as reported, Google searches for “moving to Canada” spiked likely out of fear of a Trump victory.

We also learned that the Canadian government’s immigration website crashed and as of the writing of this blog, it still is down! And overnight when it become clear that Trump would win, even the volume of traffic to our website  increased.  The good news is that our site remains live where you can freely explore your immigration options.

If You Don’t Like the Winner Can You Move?

Now to be fair, during every election cycle, no matter who is running, there’s always an uptick in interest in moving to Canada by Americans. But Trump’s harsh immigration rhetoric certainly stoked the fears of millions, motivating them to seek out what immigration options are available should Trump win.

But just because you don’t like the outcome of an election, can you really move to Canada? The answer is a resounding “no”. In order to move to Canada, you have to qualify under one of the various immigration categories set out by the Canadian government.  And while cross-border travel between the US and Canada is relatively easy, moving to Canada on a permanent basis is another story.

Further, depending on the legal route you take, application processing times can take months and sometimes years. The good news (for now) is that we have the NAFTA agreement which serves to expedite wait times for Americans. But as we have heard, Trump is not a fan of NAFTA which could mean some options may close should Trump keep his election promises on trade.

What If You Are Seriously Considering Moving to Canada?

Get the help you need. It is strongly recommended that you consult with an immigration professional to explore your options. There are a myriad of options and the complexity of the Canadian immigration system makes it difficult to know how best to proceed. But we are always here to help. You can contact us by completing our free assessment and we will get back you within 24 hours.

Published on: November 9th, 2016Published by: Michael Niren

“If Trump Wins I’m Moving to Canada” — Here’s How to Do it

*** UPDATE: This post was originally written on March 11, 2016. As of November 8, 2016, Donald Trump is now the President-elect of the United States of America. If this is reason enough for you to consider immigrating to Canada, please scroll down to “What Types of Visas Are Available?” for more information. ***

Donald Trump’s supporters want to make America great again, but his detractors are threatening to leave the US if he’s elected.

According to ABC News, Google searches for “how can I move to Canada” spiked by over 350% on Super Tuesday, and the New York Times reports that American Twitter users are contemplating the same idea.

trump-reaction-tweets

It’s also been reported that 19% of Americans would consider moving to Canada if Trump wins the election.

Trump’s supporters praise his focus on job creation, protecting American families and making the country profitable (or “great”) again.

However, others criticize him for being misogynist and racist.

His most polarizing quotes include:

  • “I will build a great wall – and nobody builds walls better than me, believe me – and I’ll build them very inexpensively. I will build a great, great wall on our southern border, and I will make Mexico pay for that wall. Mark my words.”
  • “When Mexico sends its people, they’re not sending their best…They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.”
  • He said, “Tens of thousands of people” were entering America with “cell phones with Isis flags on them…I don’t think so.” Trump went on: “They’re not coming to this country if I’m president. And if Obama has brought some to this country they are leaving, they’re going, they’re gone.”

Donald Trump

Even President Barack Obama couldn’t resist poking fun at Trump at a recent White House dinner, with Canadian Prime Minister Justin Trudeau. “Where else would we see a community like Cape Breton, Nova Scotia welcoming Americans if the election does not go their way,” Obama said, referencing Cape Breton’s new Trump-themed campaign.

President Barack Obama talks with Prime Minister Justin Trudeau of Canada and President Enrique Peña Nieto of Mexico prior to the 2015 APEC Summit

If you’ve said, “If Trump wins, I’ve moving to Canada” as more than an idle threat, we have good news. Canada welcomes immigrants with  open arms.

Let’s take a look at why now is a great time to move to Canada, and show you exactly how to do it.

The Canadian Government’s Policy on Immigration

While American candidates are talking about building walls, Canada is trying to tear them down.

The Liberal government has focused on unifying families and they intend to admit up to 305,000 new immigrants in 2016. Here’s how the numbers break down:

  • 151,200 to 162,400 caregivers, provincial nominees, and other skilled workers as economic immigrants
  • 75,000 to 82,000 spouses, partners, children, parents and grandparents of Canadians in support of family reunification
  • 51,000 to 57,000 refugees, protected persons and other humanitarian cases

Furthermore, Immigration Minister John McCallum has committed to ending the two-year waiting period on some spouses and granting permanent resident status to all spouses upon arrival in Canada.

Any Muslims who want to escape Trump’s policies should know that this proposed change to spousal sponsorship is in line with the Liberal’s campaign commitments and a new study showing that “women, racial minorities and those from Muslim-majority countries are disproportionately lapped with so-called ‘conditional permanent resident visas.'”

Historical Context

The current election campaign isn’t the only time when Americans have contemplated moving north, and history shows that a significant number have gone through with it.

historical-context

According to Macleans, thousands of American draft dodgers (possibly up to 40,000) who disagreed with the Vietnam War moved to Canada between 1965 and 1975. Canada labeled them as immigrants, making exact numbers hard to calculate, and most stayed in Canada after the war.

And this is a case where history tends to repeat itself.  As Global News explains, more recently, “U.S. immigration to Canada rose by tens of thousands of people” after George W. Bush’s re-election in 2004. Furthermore, “Immigration from the United States to Canada doubled between 2002 and 2008, from just under 5,000 to just over 10,000.” 

Global News cites anxieties about 9/11 and the Iraq war alongside Bush’s second term as contributing factors. Americans have long seen Canada as a refuge from political tensions.

What Types of Visas are Available?

Not sure which visa is best for you? Luckily, Canada has several to choose from:

Express Entry and Skilled Worker Visas

express-entry-steps
Express Entry is a system used to process 3 types of work visas: the Federal Skilled Workers Program, the Federal Skilled Trades Program, and the Canadian Experience Class. “Skilled worker” and “skilled trades” are somewhat self-explanatory concepts; the Canadian Experience Class is specifically for foreign workers with experience doing skilled work in Canada already.

If you have work skills and experience that fit the requirements for any of these programs, Express Entry could help you come to Canada faster through the online system.

Business Immigration

business-immigration-steps
Business immigration falls into 2 classes: Start Up and Self-employed. If you are planning a start up, or you are self-employed and could contribute to Canada’s economy through cultural activities, athletics, or farming, you may want to look into your eligibility for business immigration.

Family Class Immigration

family-class-immigration-steps
Are you in love with or related to a Canadian? A Canadian spouse or common-law partner, parent (if you are their dependent), or child might be able to sponsor you. And the CBC reports good news for dependents: the age limit is being raised back to 22 from 19.

Provincial Nominee Programs

provincial-nominee-programs
If you’re hoping to live in a particular province or territory, looking into the nominee program could be worthwhile. Every province or territory is looking for individuals with different skills and experiences; for example, Ontario is interested in Masters and Ph.D. students as well as business owners and workers. A nomination from a province or territory can help with both Express Entry applications and other applications for permanent residence.

The Best Places to Live in Canada

Where you’ll want to settle in Canada could depend on a lot of factors; here are some of the best cities and towns to live in, based on everything from the cost of living and raising kids to arts and culture.

ottawa

MoneySense shows Ottawa to be a well-rounded place to live. Canada’s capital city offers high incomes, access to healthcare, easy commutes, low taxes, healthy population growth, and a strong arts and sports community.

The city is number two on MoneySense’s list of top cities overall in Canada and number 6 on their list of best places for immigrants.

quebec-city

Quebec City is a hotspot for immigration, and the Huffington Post reports that, according to MoneySense, the city is also one of the top ten places to live in Canada. One thing to keep in mind, though, is that the language barrier for non-French speakers can be an issue.

toronto

Toronto is another multicultural spot with a lively arts scene, and the city doesn’t pose the same language barrier. According to Prepare for Canada magazine, the city is “one of the top destinations for newcomers to Canada,” as well as one of the most diverse cities in the country and a “financial and commercial” capital.

saanich

While the big cities tend to get the most attention, some of Canada’s smaller cities are also good options for new Canadians. Saanich, British Columbia was rated by MoneySense as the top spot for new Canadians for 2015 due to a low unemployment rate, a high immigrant population (17.1%), and modest housing costs ($1,133 to rent an average 1 bedroom). Though smaller, Saanich still has good access to healthcare and strong arts and culture.

Similarly, if you’re looking to raise kids, MoneySense recommends St. Albert in Alberta. The average monthly daycare cost is only $955, the percentage of families with kids is 57.6%, and 19.1% of the population is under 15. This small city is also number four on MoneySense’s list of top places to live in Canada overall.

us-to-canada

These are only a few cities to choose from, in a nation that embraces multiculturalism and opens their borders, instead of building them up. As President Obama recently joked:

“To the great credit of their people, Canadians from British Columbia to New Brunswick have, so far, rejected the idea of building a wall to keep out your southern neighbours.

“We appreciate that. We can be unruly, I know.”

The First Step Towards Becoming a Canadian

Are you interested in immigrating to Canada? Contact VisaPlace today.

Niren and Associates recently won the 2016 Top Choice Immigration Law Award for the 7th year in a row, and also won the 2016 Corporate INTL Global Awards for Immigration Law.

Click here to book a consultation with an immigration professional or fill out our FREE assessment and we will get back to you within 24 hours.

Published on: November 9th, 2016Published by: Michael Niren

Canada May See 320,000 New Permanent Residents in 2017. What Does This Mean?

shutterstock_300720026

Canada may see 320,000 new permanent residents in 2017. What does this mean? The general population mostly won’t notice, but these numbers may impact those seeking work in Canada.

How will this impact Foreign Workers?

Foreign workers will have to try and maximize their Comprehensive Ranking System (“CRS”) points (i.e. enhance language skills and education assessment). Applicants who achieve sufficient CRS points are advised to enter the Express Entry pool without delay, in order to be invited to apply for permanent residency and hopefully become eligible for an Open Bridging Work Permit.

In order to ensure their employees can be invited to apply for permanent residency, employers are still required to obtain a Labour Market Impact Assessment or Provincial Nominee Program certificate.

The Labour Market Impact Assessment criteria remain stringent and positive Opinions from Employment and Social Development Canada will continue to be difficult to obtain, particularly with the perception of high unemployment in Canada.

As the Federal Government has increased the target of the Provincial Nominee Class, employers are advised to make applications on behalf of their foreign workers as soon as possible, as the vetting process can sometimes become backed up.

What are the New Immigration Numbers?

The target number of 300,000 remains unchanged from 2016. However, the maximum range of immigrants has increased from 305,000 to 320,000. The Levels Plan projects an increase of 0.86% of Canada’s population, which is less than the 1% projected increase. And while 300,000 is the new base target for annual immigration to Canada, these changes in the migration ceiling indicates possible future increases to the overall target.

Economic immigration will increase by only 7% overall in 2017, while family immigration programs will see an overall increase of 5%. And while these numbers are encouraging for anyone hoping to work in Canada, applicants will be competing with applicants in perhaps record numbers, as the overall economic stability and high quality of life makes Canada an attractive destination for people all over the world.

What should I do next if I want to Work in Canada?

Are you interested in immigrating to the U.S. or moving to Canada? Contact VisaPlace today.

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Click here to book a consultation with an immigration professional or fill out our FREE assessment and we will get back to you within 24 hours.

Published on: November 7th, 2016Published by: Michael Niren
Canada Same Sex Immigration

Why You Will Love Canada’s Immigration Laws for Same Sex Marriage

Being in a same-sex relationship presents challenges: you’re faced with prejudices of others and discrimination against you and your partner, all while trying to live as a couple and make your partnership work. And if you live in a country that doesn’t allow same-sex marriage laws, you’re most likely the target of bigotry at the very best, or criminal charges and capital punishment at the worst. Canada’s immigration laws for same-sex marriage are a boon for people in these countries. Read on to learn more about how you and your partner can make your new lives in the True North.

The Benefits of Moving to Canada for Same-Sex Couples

If you’re living in a country in which homosexuality is a crime, your very life is in danger. You can’t live freely as a gay man or lesbian woman… and neither can your partner.

You don’t even need to be from a country in which homosexual acts are criminalized. Up until 2015, not every state in the US recognized same-sex marriages. And depending on which county clerk you happened upon, your marriage might face roadblocks.

Although Canada’s same-sex marriage law faced opposition, it was eventually passed and same-sex couples from across Canada have been able to marry without issues since 2005.

Canadian Immigration Laws for Same Sex Marriages: An Overview

At the end of  June 2002, Canada enacted legislation that would enable same-sex partners of Canadian citizens and permanent residents to immigrate to Canada.

Canada has various categories of immigrants. We’ll focus on the types which are most relevant for same-sex couples.

Let’s say you and your same-sex partner were legally married. It doesn’t matter whether this marriage took place within Canada or outside of the country. What’s important is that you can produce a marriage certificate that the jurisdiction in which you were married considers legal and that Canada accepts. Canada recognizes your marriage, and you and your spouse might be legally eligible to immigrate (provided you meet other criteria).

What if you’re not already married, and you’re in a same-sex relationship? You can still sponsor your partner for immigration, provided you fulfil certain criteria. For a start, you have to be legally able to sponsor an immigrant.

There are two kinds of same-sex partners: common-law and conjugal. Common-law partners have lived together for more than a year and can prove they have joint financial records, major joint purchases (such as property). Conjugal partners have a physical relationship, but can’t live together because of discrimination (for instance, the laws in one partner’s country makes homosexuality a crime) or other barriers insurmountable except by immigration. Furthermore, the relationship isn’t solely physical – you must prove interdependence (such as joint financial records, for example).

Another way for same-sex couples to immigrate is through the economic class visa. The economic class visa is an umbrella term that includes 12 types of visas. You can come to Canada under the economic visa class if you can prove you will boost Canada’s economy by being here. Immigrants through certain types of economic class visas can sponsor their spouses or partners, regardless of their gender.

One of the categories of economic classes is live-in caregivers. The live-in caregiver program enables qualified temporary workers to come to Canada to work full-time caring for children, the disabled, and senior citizens. After living in Canada for a certain amount of time, live-in caregivers can apply for permanent residency status. The application must be submitted from within Canada. Applicants can include their partners (same or opposite sex) on their application.

Yet another category of immigrants is refugees and asylum seekers. The Canadian government defines “refugees” as those who face persecution in their own country or the country where they normally live. The person would also face persecution if he or she returned to his or her home country.

The Canadian government recognizes a few types of persecution. One of those types is membership in a particular social group, and being gay or lesbian falls into that category. While you don’t have to be out of the closet, immigration authorities will want proof that you are LGBTQ.

As an LGBTQ refugee, you may be able to apply to bring over your same-sex spouse or partner.

Choose an Immigration Expert Specializing in Marriage Law

If you’re part of a same-sex couple and one or both of you is interested in moving to Canada, you need quality legal advice. Immigrating can be challenging – there are many laws, and forms can be confusing. An experienced immigration lawyer who has helped same-sex couples immigrate to Canada will help you navigate the complexities of immigration, doing everything they can to ensure you have a successful outcome.

Are you interested in immigrating to the U.S. or moving to Canada? Contact VisaPlace today.

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Published on: November 5th, 2016Published by: Michael Niren

5 Mistakes People Make When Moving From Canada to the USA

 Moving From Canada to the USA

There are many reasons to move from Canada to the United States, such as the larger economy south of the border, or to marry a US citizen.

The cultures are similar in many ways, and the nations are very friendly with one another, which can create the illusion that immigrating to the USA from Canada is a simple matter, when in fact the process can be long and complicated, and there are many different ways to go about it, so it’s important to know about the possible pitfalls as well as the opportunities. If you’re interested in moving from Canada to the USA but wish to avoid being turned away, then read on to learn about 5 mistakes people make when moving from Canada to the USA.

1. Applying Through the Wrong Immigration Stream

There are scenarios where the simplest-seeming solution may not be the best one. For instance, if a Canadian has an American relative who resides in California, then it would seem obvious to apply for US citizenship with the relative as a sponsor. However, the relative may prove to be the wrong kind, or otherwise ineligible to sponsor the hopeful migrant. That said, if the migrating Canadian were to have a specialized professional skill that’s in demand in the destination state and a Californian employer ready to provide sponsorship, then that immigration stream may be the quicker solution.

2. Relative Sponsorship Errors

When trying to migrate to the USA to be with one’s family, it’s important that your sponsor is actually qualified to sponsor you. Sponsors in many cases must be 21 years of age or older. Extended family members cannot be sponsors, and which members of one’s immediate family who do qualify is still limited to specific relationships, such as a spouse or a child.

As well, the sponsor must be able to prove ability to provide financial care for the family member being sponsored, at least to 125% above the poverty line. If the relative sponsoring the migrant isn’t qualified to do so, or if there’s a better immigration stream for the Canadian looking for a green card, then it’s better to have these facts straight before applying.

3. The Applicant is Ineligible for Medical Reasons

It’s no secret that the USA takes precautions to ensure the safety of its citizens, and the green card application process is designed to filter out anyone deemed unfit to enter the country or who may pose a risk for medical reasons. A medical exam is part of the migration process, and those who have communicable diseases, or dangerous mental or physical disorders, or drug addictions will be regarded as unfit for entry. Specifically which disorders or maladies may or may not constitute medical grounds for ineligibility is one of the many considerations for which an immigration professional’s knowledge may eliminate potentially costly guesswork.

4. The Applicant is Ineligible for Extremism or Criminality

Similarly, applicants whose values are probably incompatible with American values, or who have been convicted of serious offences will not be eligible. Individuals with provable extremist views are likewise not eligible, and no member of a totalitarian political party will receive a green card. The crimes that are too serious to overlook may not be obvious to some applicants, which is why any applicant who has ever had brushes with the law should speak to an immigration expert to see how US immigration officers regard the seriousness of the crime in question.

5. False or Incomplete Documentation

Probably one of the most challenging aspects of migrating to the USA is the tremendous amount of documentation required. Immigration officials require that everything is filled out correctly: incomplete applications will not be considered and often the person migrating to the USA is forced to depend on documents being provided by governmental departments and individuals. For this reason, many have had their application unduly delayed because of a tardy document or two.

Immigration experts can help you stay on top of the inflow of necessary documentation, as well as ensure that it’s all done properly, catching errors that may annul the application. It’s important to note that an error that appears to be misleading or a deliberate untruth can make the applicant permanently ineligible. Much hangs in the balance of an application, which is why a professional consultation may be crucial to one’s success.

Trust a Real Immigration Expert

Are you interested in immigrating to the U.S. or moving to Canada? Contact VisaPlace today.

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Click here to book a consultation with an immigration professional or fill out our FREE assessment and we will get back to you within 24 hours.

Published on: October 28th, 2016Published by: Michael Niren

Lululemon May Leave Canada if Foreign Worker Rules Don’t Change

shutterstock_478776781

Lululemon has been courting controversy on a frequent basis over the past half decade, including problems with their premium yoga wear and insults directed against their target market demographic.

Lately, they’ve been threatening to pull out of Canada if the government doesn’t grant them specific exemptions for hiring foreign workers. Instead of undergoing the same process that most companies go through when hiring a foreign worker, they demand to bring whoever they wish into the country at any time.

Why Does Lululemon Want To Avoid Hiring Workers According To Law?

The complaint that Lululemon recent leveled against the government claims that Canada doesn’t have enough skilled workers to fulfill roles at its head office in Vancouver, which employs 1,200 people. Lululemon stresses that they already invest in a variety of educational programs around Canada to help develop the skills they desire. Nonetheless, after growing to become a $2.1 billion company while in Vancouver, Lululemon believes that they’re unable to find any more skilled Canadians to fill important roles.

Essentially, the company wants to operate in a similar fashion to Microsoft, the Canadian film industry and Canadian universities. The leadership at Lululemon believes they have the same talent requirements as the above businesses and organizations, and should be granted the same exemptions.

Which Foreign Worker Rule Do They Want Changed?

Lululemon claims that temporary foreign worker rules need to be relaxed to help them compete in the labour market. Specifically, the company wishes to no longer undergo the labour market impact assessment (LMIA) process, which focuses on showing that a company has a plan to transition to a Canadian workforce after hiring a foreign worker to fill a temporary spot.

Professor Domonique M. Gross of Simon Fraser University points out that, if granted this exemption, Lululemon would no longer need to have “consideration for available Canadians” and wouldn’t have to prove anything to the Canadian government. Despite claims that outline their desire to seek top-notch talent from fashion hotspots such as London, New York and San Francisco, Lululemon could easily abuse LMIA leniency by replacing all Canadian workers with less expensive foreigners.

Are you interested in immigrating to the U.S. or moving to Canada? Contact VisaPlace today.

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Click here to book a consultation with an immigration professional or fill out our FREE assessment and we will get back to you within 24 hours.

Published on: October 26th, 2016Published by: Michael Niren

Why Marrying a Canadian Does Not Automatically Lead to Citizenship

canadian citizenship

Do you think your spouse will become a citizen as soon as you’re married? Think again. It’s a widely-held belief, after all, that the marriage joins two people’s lives in such a way that binds their property and their identities.

It’s a widely-held belief, after all, that the marriage joins two people’s lives in such a way that binds their property and their identities.

However, this is sadly not the case, and non-Canadians are NOT given Canadian citizenship after marrying a Canadian. This fact is not widely understood, and it’s important to understand that marrying a Canadian does not automatically lead to citizenship (and why) to navigate the Canadian immigration system effectively.

The government must be able to verify that a marriage is real and not one of mere convenience. Read on to learn how to achieve citizenship after marrying a Canadian.

A Spouse Has a Criminal Record

One reason why marrying a Canadian doesn’t generate instant citizenship is that it’s possible a Canadian may marry someone who is a criminal that may compromise the safety of other Canadians. There are many reasons why an applicant may be deemed not admissible, such as ties to terrorist groups or totalitarian political parties. Proof of espionage or political subversion or violent crime is grounds for declaring an applicant inadmissible.

There are also many other crimes that make an application inadmissible, such as a drunk driving conviction. Being part of a political party that is guilty of crimes against humanity will render the applicant ineligible.

There are many reasons why an applicant may be deemed not admissible, such as ties to terrorist groups or totalitarian political parties. Proof of espionage or political subversion or violent crime is grounds for declaring an applicant inadmissible. There are also many other crimes that render an application inadmissible, such as a drunk driving conviction. Being part of a political party that is guilty of crimes against humanity will also render the applicant ineligible.

This sort of discretion on the part of the Canadian government does not only protect its citizens but also the people of the world generally, insofar as a Canadian passport renders its holder especially mobile on the world stage. Individuals with ill-intent who gain access to Canadian citizenship, therefore, can potentially pose even more of a worldwide threat.

Other Factors

Criminality is not the only factor by which an applicant may be automatically rejected, Health factors are taken into consideration as well. Applicants with a communicable disease or other serious health concerns are also likely to be rejected.

For married applicants already living in Canada, free and clear of criminal or health issues, there are timelines as to when to apply for citizenship. The applicant must have been physically inside Canada as a permanent resident for at least 1,460 days during the six years immediately before the date of the application for citizenship. They also have to be in Canada at least 183 days of each of the four calendar years within the six years immediately before the date of application.

A New Waiting Period

For applicants living outside the country, there’s some good news: Canada’s ruling Liberal Party has removed the 2-year wait for couples to be united. A spousal sponsorship is a likely immigration route to take. Nonetheless, the application process is demanding.

Apart from vetting the applicant for criminal activity or health concerns, he or she and their spouse still have to prove that the relationship is honest and legitimate. Proof takes many different forms. It may include providing documents showing co-ownership of property, bills, or shared bank accounts. Any documentation of the applicant and sponsor sharing household responsibilities counts toward legitimacy, as does proof of cohabitation. Communications between them that are of a loving marital nature may be asked for by the immigration officers.

As well, immigration officials are trained to not use the same set of questions for each set of interviews, so there is no tried-and-true method of answering their questions that will lead to the desired result. Inconsistencies in the couple’s story can lead to the applicant being rejected. The only true way of being sure to pass the interview is, to be honest, and in a demonstrably true marriage.

You need expert guidance to help you navigate the Canadian immigration system to ensure that you understand what is expected of you and why. The citizen application process for everyone can be exhausting for its legal minutia as well as the sheer depth of information that must be provided. You need a professional immigration expert to maximize your possibility of success.

The Help You and Your Spouse Need

Are you interested in immigrating to the U.S. or moving to Canada? Contact VisaPlace today.

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Click here to book a consultation with an immigration professional or fill out our FREE assessment and we will get back to you within 24 hours.

Published on: October 24th, 2016Published by: Michael Niren

How to Get Canadian Temporary Work Permits for Permanent Residency

Canadian Temporary Work Permits for Permanent Residency

How to get Canadian temporary work permits for permanent residency may be a nagging question for any non-Canadian working in the country through a temporary work permit. The uncertainty of what happens when that permit expires is very real. What is to stop the government from deporting the expired permit holder? Or, more importantly, what can be done to prevent removal from Canada? In scenarios like this, it’s good to know the facts.

The path to permanent residency in Canada can be daunting in its complexity. However, a temporary work permit can actually be a stepping stone towards permanent residency. In some ways, the possession of a temporary work permit can ease a permanent residency candidate’s overall application experience. For an individual who is already in Canada on a work permit, there are several paths to transforming one’s temporary status to permanent residency.

The Provincial Nominee Program

Through the Provincial Nominee Program, for instance, foreign workers are nominated for permanent residency by employers, but each program can be different across provinces. Most of these applicants must be highly skilled for certain jobs, although some provinces involve a select few unskilled occupations for this program as well.

The Canadian Experience Class

The Canadian Experience Class also allows applicants to apply for permanent resident status. People with temporary resident permits who are looking to become permanent residents using the Canadian Experience Class need to have either two years of work experience in Canada already or have completed one year of post-secondary studies as well as one year of work.

Temporary Residents

Temporary residents have the advantage of already being in the country legally, as well as being gainfully employed and (hopefully) adapting to Canadian culture.

However, that does not guarantee that the way ahead isn’t fraught with challenges. Canadian laws can change at almost any given time, depending on the economic or political conditions of the day. It is natural for the uncertainty of temporary residency to be a burden. The same may be said for anyone attempting to transfer from temporary worker status to permanent residency. While the work of getting to work in Canada has already been done, that does not mean the temporary resident is now an expert in Canadian immigration law. It is because of this fact that it is always advisable to consult an immigration expert who can guide the worker through the rough waters leading to permanent residency.

What if a Worker is Fired or Laid Off?

Say a temporary worker in Canada wants to become a permanent resident and preparing to enter the Provincial Nominee Program. Then the worker is told by the employer that the worker’s services are no longer required by the company. In a situation like this, the worker must find another way to satisfy his standing as a temporary worker applying for the program that will lead to permanent residency, and even small mistakes can be costly or catastrophic. An immigration expert can help maintain the client’s momentum toward the goal of permanent residency. Furthermore, the temporary worker will be able to concentrate more on completing the program or getting a new sponsor, depending on the circumstances.

The scenarios around failure to renew one’s temporary work permit can be bleak. Some people begin families in Canada without citizenship. If their work permits expire, they may be forced to leave the country, potentially separating the worker from his or her spouse and children for extended periods of time. Programs such as the Provincial Nominee Program or the Canadian Experience Class are in place to hopefully mitigate consequences like these, as well as retain the talent of the workers whose skills are of benefit to the country.

Temporary workers may not yet be permanent residents or citizens, but having achieved that status is proof that the person is qualified to be in the country and is beneficial to it. However, if you feel that Canada is the right place for you to live permanently, then it is incumbent upon you to acquaint yourself with the paths toward permanent residency that are available to you through your temporary worker permit.

And yet, an immigration expert may be able to find better immigration streams if they prove necessary, such as a spousal sponsorship. There are innumerable possibilities if you have the most knowledgeable support. That is why it is crucial to find immigration experts who are respected and trustworthy, and whose primary focus is on the Canadian immigration process.

Work With an Experienced Expert

Are you interested in immigrating to the U.S. or moving to Canada? Contact VisaPlace today.

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Click here to book a consultation with an immigration professional or fill out our FREE assessment and we will get back to you within 24 hours.

Published on: October 19th, 2016Published by: Michael Niren

Common Reasons Why You Could Be Denied Entry to the US

denied-entry-us

The USA is the world’s number one country to immigrate and its government has put in place elaborate systems and practices to ensure its busy borders aren’t being crossed by undesirables.

Even if you have your passport handy, it’s possible to be turned away at the border, where the border guard’s authority cannot be questioned. To avoid being denied entry to the US it is important to plan ahead. Here are some common reasons why you might be denied entry at the border:

Health Reasons

Some border-crossing issues have to do with your health. For instance, you may be denied entry to the USA because you are suspected of having an infectious disease.

Not Enough Money to Travel

Another possibility is not being able to prove that you have sufficient funds to support yourself while in the country. Finding employment to supplement your income while in the US would violate the terms of your tourist visa.

For situations such as these, you may not need legal assistance to generate sufficient funds or health for travel. However, the majority of reasons why people are stopped at the border can be potentially overcome with immigration expert guidance. Some circumstances cannot be overcome.

A Criminal Record

You can also be legally detained by border officers if they detect any active criminality on your part.

Having a criminal record or a record of past border malfeasance does not have to mean that you are permanently barred from the USA. Some documents can help overcome a bad record, such as a United States Entry Waiver. Also, some past criminal activity can be legally removed from your Canadian record. While it is possible to obtain these documents without assistance, it is recommended that you seek the advice of an immigration professional to ensure that you are properly prepared to cross the border and have all necessary supporting documents.

Staying Longer Than Allowed or Working Illegally

If you’re suspected of being an intended immigrant who plans on staying past the terms of your admission, your own testimony may not be enough to overcome the border officer’s reservations. In situations like these, one of the best ways to overcome such problems is, once again, to have already consulted with an immigration expert with in-depth knowledge of the US immigration system.

If you’ve previously worked illegally in the USA, then you cannot go backwards in time to resolve this black mark on your record.  Nor will you have much luck expunging your record so that crossing the border will be made possible. The same is true if you have a criminal record, have ties to a terrorist or criminal organization, or if you overstayed a previous trip to the USA.

In these situations, one of the worst things you can do is attempt to cross the border at another crossing point with another border officer. Their centralized system will reveal your attempt every time, and perhaps get you barred from the USA forever.

The Border Officer’s Call

Border officers enjoy a certain amount of autonomy regarding admissions. If you do not seem trustworthy to a border officer, you may be barred entry. Any attempt to outsmart or undermine the authority of a border officer will make the situation even less easily overcome.

All things considered, at the border, you are at the border guard’s mercy. That said, if there are any small irregularities in your profile, be honest and contrite. If any criminality has required a waiver or a pardon, and if you have gone through all the steps of receiving a waiver or a pardon, don’t assume that presenting such a document automatically curtails the stoppage. Don’t make excuses for your past behaviour. Acknowledge that you have made mistakes in the past, and show you have taken steps to become a better person.

Consulting an immigration expert will maximize your chances of crossing the border successfully. Be honest from the start. Go through all the recommended steps to acquire the appropriate paperwork. Have enough cash and a valid passport. Even if these things alone aren’t enough, applying the lessons learned from an immigration expert will still take you further toward success.

Ensure Your Success!

Are you interested in immigrating to the U.S. or moving to Canada? Contact VisaPlace today.

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Click here to book a consultation with an immigration professional or fill out our FREE assessment and we will get back to you within 24 hours.

Published on: October 17th, 2016Published by: Michael Niren

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly.