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  • Trusted Partner in Immigration and Refugee Services

    At Amani Law Office, we understand that the journey to immigration and refugee status is a significant and often complex process. Our dedicated team is here to guide and support you every step of the way, offering expert legal services tailored to your unique circumstances. Navigating the Canadian immigration system requires a thorough understanding of the laws and regulations in place. Our experienced immigration team are well-versed in providing a wide range of services, including:

  • The Start-Up Visa program

    What is the Start Up Visa Program in Canada? 

    The Start-Up Visa program is crafted to invite entrepreneurs from across the globe to establish themselves in Canada and contribute to job creation. This initiative centers around engaging qualified foreign entrepreneurs keen on fostering economic growth through investment in innovative businesses. By participating in the Start-Up Visa program, you open the door to the possibility of attaining permanent residency in Canada.

    What are the requirements of Start Up Visa Program? Who is eligible for the program? 

    To qualify for the Start-Up Visa Program, applicants must meet the following minimum requirements:
    · Possessing a qualifying business.
    · Securing a letter of support from a Designated Organization.
    · Demonstrating proficiency in meeting language requirements.
    · Possessing sufficient funds to settle and sustain living in Canada before generating income from the business.


    What is the language requirement of Start Up Visa Program? 
    To submit a start-up visa application, the applicant must demonstrate proficiency in all four language skills—listening, reading, writing, and speaking—at the Canadian Language Benchmark 5 level.


    How an Immigration Lawyer can Assist with Start Up Visa Program in Canada?
    The process of obtaining the Start-up Visa consists of two main stages. In the initial stage, a Designated Organization—comprising an angel investor fund, business incubator, or venture capital group—will issue a letter of support along with a commitment certificate. Upon receiving the letter of support, the applicant becomes eligible to apply for permanent residency. However, before the finalization of the permanent residency application process, the applicant may also apply for and obtain a work permit, allowing them to come to Canada. Throughout these stages, the immigration lawyer will guide and assist the applicant in obtaining the necessary letter of support and in making applications for both the work permit and permanent residency.


    What is the processing time for Canada Start Up Visa Program? 

    The processing time for the Start-Up Visitor Visa is currently estimated at 32 months after the issuance of the letter of support. It's important to note that this estimated processing time may vary periodically, as determined by Immigration, Refugees, and Citizenship Canada (IRCC).


    How to get a letter of support from a designated organization?

    To get a letter of support, you need to convince a designated organization that your business idea is worth supporting.


    What is a letter of support? 

    A Letter of Support is a document issued by the designated organization, confirming their commitment to supporting your business plan.

     

    What are the eligibility criteria for obtaining a work permit while waiting for the Start-Up Visa?

     The applicant must fulfill the following criteria:
    · Reside in a province other than Quebec.
    · Obtain a letter of support and a commitment certificate.
    · Fulfill the employer compliance fee.
    · Demonstrate adequate funds based on the low-income cut-off table.


    What distinguishes support from venture capital funds, angel investor groups, and business incubators? 

    Depending on the Designated Organization ("DO") supporting your business plan, the nature of support provided may vary. To obtain support from a venture capital fund, a minimum investment of $200,000.00 is required. For support from an angel investor group, securing a minimum investment of $75,000.00 is necessary. However, there is no obligation to secure a financial investment from a business incubator.

  • Visitor Visa

    What is a Visitor Visa?

    1. Visitor visas are categorized under temporary resident permits. Depending on your nationality, applying for a visitor visa may or may not be necessary for temporary travel to Canada. Citizens of countries exempt from the visitor visa requirement may be required to obtain Electronic Travel Authorization (eTA).


    What are the requirements of a Visitor Visa? Who is eligible for the Visitor Visa?

    1. the countries who are required to apply for the visitor visa shall meet the following minimum requirements:
    • Possessing a letter of invitation from a Canadian resident.
    • Holding a valid travel document, such as a passport.
    • Convincing an officer of your intention to depart Canada at the end of your authorized stay.
    • Demonstrating financial capability to support yourself and accompanying family members in Canada and for the return journey.
    • Having no intention to work or study in Canada unless authorized to do so.
    • Maintaining a law-abiding record without any criminal activity.
    • Presenting no risk to the security of Canada.
    • Furnishing any additional documents requested by the officer to establish your admissibility.
    • Maintaining good health and undergoing a medical examination if required.


    What are the two types of Visitor Visa?

    There are two types of Visitor Visas: single-entry and multiple-entry. Both types have a fixed validity period and cannot be used after expiration. With a multiple-entry visa, the holder can enter and leave Canada repeatedly. Depending on the officer’s discretion and the passport's validity period, a multiple-entry visa can be valid for up to 10 years. On the other hand, a single-entry visa permits entry into Canada only once.


    Can I study or work with a Visitor Visa?

    1. Under the temporary visitor visa known as “TRV”, you are not allowed to study and work. In order to work or study in Canada, you need to get a work permit or study permit.


    What is the processing time for a visitor visa?

    Depending on your originality and the visa office which review your application, the processing time is different.


    What happens if your application for a visitor visa is rejected?

    1. In that case, the applicant would be allowed to reapply. In order to increase the chance of getting a visitor visa in the second application, it is recommended to obtain the officer notes. The officer notes provide the applicant with the detailed reasons for rejection.


    Obtaining the visitor visa would suffice to enter Canada?

    1. Not necessary, upon arriving at the port of entry, the officers of the border will ask you some question to make sure you satisfy all requirements. The border officer has discretion to refuse your enter, decrease or increase the duration of your stay in Canada.

     

    How long can I stay in Canada on visitor visa?

    If the border officer does not indicate any date in your passport, you will be allowed to stay in Canada for six months. However, before your temporary resident status expires, you can apply to extend your visitor visa.

  • Express Entry

    What is Express Entry?
     In 2015, the government of Canada launched an online system know as Express Entry. This system is used to process immigration applications of applicants intending to come to Canada. Three federal immigration programs fall under the Express Entry system including Federal Skilled Worker (“FSW”), Federal Skilled Trades (“FST”) and Canadian Experience Class (“CEC”). 

    How can I apply for Express Entry?
     Making an application under Express Entry system contain to stages: firs, create an online profile and submission of three main documents including your passport or your travel document, your educational credential assessment report, and the result of your language test. In the second stage, the applicant enters a pool for a year. If the name of the applicant is drawn from the pool, The Immigration, Refugees and Citizenship Canada (“IRCC”), will send the applicant an invitation letter to apply for permanent residency and obtaining a visa to come to Canada. 

    How often are there Express Entry Draws?
     It can be expected at least every 2 weeks the Express Entry Draws to happen; however, there is no set schedule for Express Entry Draws. The applicant will stay in the pool for a year, during which time, the applicant would be able to update his or her profile by providing the higher language test score or work experience. 

    Who is eligible for Express Entry? 
    The minimum eligibility requirements for Express Entry include having a university or college degree, a minimum of one year of skilled work experience, and language proficiency in English and/or French. Your Express Entry score is influenced by factors such as your age, level of education, foreign and Canadian education, proficiency in English and French, foreign and Canadian work experience, spousal status, and connections to Canada. Your score may vary depending on these factors. Achieving the required score, which may differ in various draws, will result in the issuance of an invitation letter.

    How can I calculate my score for Express Entry?
     There is tool created by the government known as Comprehensive Ranking System (“CRS”) tool which help the applicants to calculate their score. Following is a link to the said tool. https://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

    What is Educational Credential Assessment?
     An Educational Credential Assessment is employed to assess the validity and equivalence of your educational documents to Canadian standards. As part of the Express Entry profile, applicants are required to include their Education Credential Assessment report along with the corresponding reference number.

    What is the Federal Skilled Worker (FSW) under Express Entry system? 
    The FSW is a federal immigration program under Express Entry System. This program has minimum eligibility requirements that must be met by all applicants as follows: 
    •    At least 1 year or 1,560 hours of continuous skilled work experience
    •    Getting a minimum score of Canadian Language Benchmark (CLB) 7 in all 4 skills
    •    Having a certificate, diploma or a degree
    •    Proof of funds
    To qualify for this program, applicants must achieve a minimum of 67 points, which is the current pass mark. It's important to note that meeting the pass mark does not guarantee immediate application for permanent residency in Canada. However, attaining the pass mark makes the applicant eligible to participate in the Express Entry pool. Within the pool, applicants with the most competitive Comprehensive Ranking System (CRS) scores will receive invitations to apply for permanent residency in Canada.

    What is the Federal Skilled Trades (FST) under Express Entry system?
     The FST is a federal immigration program under Express Entry System. The minimum eligibility requirements that must be met by all applicants are as follows: 

    •    At least 2 years of work experience in a skilled trade within 5 years before you apply;  
    •    The skilled trades for this program are organized under the National Occupational Classification (“NOC”) The required Major Groups are 72, 73, 82,83, 92, 6320 and 62200. The following is the link helping you to find out your NOC code:  https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/find-national-occupation-code.html
    •    Having a valid job offer of full-time employment for a total period of at least one year or a certificate of qualification in that skilled trade issued by a Canadian Provincial, territorial or federal authority; 
    •    Getting a minimum score of Canadian Language Benchmark (CLB) 5 for speaking and listening, and CLB 4 for reading and writing;
    •    There is no education requirement for the FST program; however, having educational document help you to improve your scores in Express Entry; 
    •    Proof of funds; 
    Meeting the minimum requirements enable the applicant to be eligible to compete in the pool of Express Entry. Once in the pool, applicants with the most competitive CRS scores will receive invitation to apply for permanent residency of Canada. 

    What is the Canadian Experience Class (CEC) under Express Entry system?
     The CEC program is an ideal immigration program for the applicants who has a Canadian work experience and intend to apply for permanent residency under Express Entry. The minimum requirements for this program are as follows: 
    •    Having at least 1 year full-time or equal amount in part-time of skilled work experience in Canada in the last 3 years before you apply; 
    •    Gained your work experience by working in Canada while under temporary resident status with authorization to work; 
    •    Your work experience must fall under NOC training, education, experience and responsibilities (TEER) categories level 0, 1, 2 or 3. The following is the link helping you to find out your NOC code:  https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/find-national-occupation-code.html
    •    There is no education requirement for the FST program; however, having educational document help you to improve your scores in Express Entry; 
    •    Getting a minimum score of Canadian Language Benchmark (CLB) 7 for TEER 0 or 1 jobs, and CLB 5 for TEER 2 or 3 jobs;
    Meeting the minimum requirements enable the candidate to be eligible to compete in the pool of Express Entry. Once in the pool, applicants with the most competitive CRS scores will receive invitation to apply for permanent residency of Canada.

    What is the processing time for the immigration programs under Express Entry?
    Upon issuance of Invitation to Apply, the candidate will have 60 days to submit all requested forms and documents. Once the immigration authorities received your application package, it may take about six months to receive your visa. 

  • Sponsorship of Spouse, partner, or dependent child

    Who is your spouse? 
    Your spouse can be either sex and must be legally married to you and at least 18 years old.

    Who is a common-Law partner? A common-law partner is not legally married to you, can be of any gender, and must be at least 18 years old. Additionally, the common-law partner must have lived with you for a minimum of one year in a conjugal relationship, without any prolonged periods of separation.

    3. Who is conjugal partner? A conjugal partner is not legally married to you or in a common-law relationship. They can be of either gender, must be at least 18 years old, and should have been in a relationship with you for a minimum of one year. The conjugal partner resides outside Canada and is unable to live with you in their country of residence or marry you due to significant legal and immigration reasons.

    4. Who are dependent children? They are below 22 years of age and do not have a spouse or common-law partner. Children who are over 22 years old may still qualify as dependents if they are unable to financially support themselves due to a mental or physical condition and have been reliant on parental financial support since before the age of 22.

    5. Who is eligible to sponsor their spouse, partner or child? The sponsor is required to be at least 18 years old, a Canadian citizen or a permanent resident of Canada. Furthermore, the sponsor must demonstrate that they are not receiving social assistance for reasons other than disability, and they must have the ability to provide for the basic needs of the person they intend to sponsor.

    6. Are your spouses, common-law partners and children required to provide medical exams? Yes they are. They must meet the eligibility requirements of medical exams and biometrics.

    7. Are there any income requirements for sponsoring a spouse and dependent children? For most cases of sponsoring your spouse, partner, or dependent child, there is typically no requirement to meet income thresholds. However, if your dependent child has their own dependent child, or if your spouse or partner has a child who also has their own dependent child, meeting income requirements becomes necessary.

    8. What are the reasons that disallow you to sponsor your spouse, partner or child?
    · You won't be residing in Canada when the sponsored person becomes a permanent resident.
    · You lack sufficient financial resources to support the sponsored persons.
    · If you were sponsored by another individual and became a permanent resident less than 5 years ago when you intend to sponsor your spouse or partner.
    · You still have outstanding financial responsibilities to a previous spouse or partner whom you sponsored.
    · You are incarcerated in jail, prison, or a penitentiary.
    · You have unpaid immigration loans, performance bonds, or court-ordered family support payments.
    · You failed to fulfill the financial support commitments you agreed to when signing a sponsorship agreement for someone else in the past.
    · You have been convicted of specific crimes.
    · You are mandated to leave Canada due to an effective Removal Order.

    9. What is the processing time for sponsorship program? Depending on your nationality the processing time may differ. The following is a link helping you to see the estimated processing time. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

  • Protected persons (in-Canada refugee claimants)

    1. Who is a protected person? A person who has a genuine fear of persecution in his or her home country due to the followings:
    · Race;
    · Religion;
    · Nationality;
    · Membership in a social group; or
    · Political opinion.
    2. How can I make a claim for refugee protection? You can seek refugee protection by communicating with an immigration officer either within Canada or at a port of entry.
    3. How to become a protected person? The primary method for an applicant to seek protection is by applying for refugee status in Canada. This entails making a claim for protection from within the country. In this process, immigration authorities thoroughly review your claim and accompanying documents. If deemed eligible, you will be referred to the Refugee Board of Canada (IRB). Upon receiving approval from the IRB, you will be recognized as either a convention refugee or a protected person.
    4. When the IRB get the decision? The adjudicator presiding over your claim typically delivers a decision and provides reasons at the conclusion of your hearing. If, for any reason, the decision-maker is not prepared to issue their decision immediately, you will receive it by mail several weeks after the hearing.
    5. What are the advantages of becoming a protected person? You may qualify to obtain an open work permit and a study permit from within Canada, providing you with the authorization to apply for permanent residency in Canada.
    6. If the IRB approves my status as a protected person, can I include family members residing outside of Canada in my application for Canadian permanent residency? As of December 4, 2019, Protected Persons who apply for permanent residence in Canada and wish to include their dependent family members (spouses, partners, and dependent children) who reside outside of Canada, may also submit their completed application forms with their own completed application.
    7. What are the eligibility requirements for applying for permanent residence as a Protected Person? To be eligible to apply for permanent residency in Canada as a protected person, you require approval from either the IRB or Immigration, Refugees and Citizenship Canada (“IRCC”), depending on the specific case. If you are not:
    · A Convention refugee in another secure country where you can travel and reside without fear.
    · A citizen or permanent resident of a third country, other than your home country, where you can go and live without fear; or,
    · A permanent resident of Canada.
    8. Can I pursue study or employment while my refugee protection claim is under review? If you have submitted your refugee claim, you will be entitled to apply for a work permit and study permit.
    9. What support is available for refugees in Canada?
    · Health care through the Interim Federal Health Program (“IFH”);
    · Financial assistance under the Resettlement Assistance Program (“RAP”), including support at the port of entry, funds for basic necessities, temporary accommodation, assistance in finding permanent housing, and information to aid in settling in Canada.
    10. What is the processing time to get my Permanent Residency as a protected person? The estimated time is 21 months. The processing time can be always checked via the following link: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.htmla

  • Privately-sponsored refugee – G5

    1. What is Group of 5 (“G5”) refugee program? G5 has bee created to assist and sponsor a refugee living outside of Canada to come to Canada by 5 or more Canadian citizens or permanent residents.
    2. Who is eligible to be sponsored under the G5? Following are the eligibility requirements:
    · The principal applicant or the intended sponsored person must currently reside abroad.
    · The applicant must have refugee status recognized by either the United Nations High Commissioner for Refugees (“UNHCR”) or a foreign state.
    · The applicant must provide evidence of a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Alternatively, they must belong to the asylum class and continue to be significantly affected by civil war, armed conflict, or massive violations of human rights.
    3. Who is eligible to be a sponsor under the G5 program? Following are the minimum eligibility requirements for the G5 group: the sponsors shall be:
    · At least 18 years old or older;
    · A Canadian citizen, Registered Indian or a Permanent Resident of Canada;
    · Residing in the expected community of settlement;
    · Able to support the applicant financially for a specific period of time;
    · Collectively agreeable to sponsor the applicant.
    4. How much money does a G5 requires to sponsor a person? Depending on the family size of the person who is going to be sponsored, the financial requirement will differ.
    5. Can the required funds come from the refugee applicant? The sponsors are not allowed to accept funds from the refugee or have them repay any cost of sponsorship.
    6. What is the Refugee Status Determination (“RSD”) document? This is the primary document required from the refugee applicant. It will be issued by the UNHCR or a foreign state upon completion of the applicant's assessment and recognition as a refugee.
    7. Under what status the refugee applicant Come to Canada? The G5 program consists of two stages. In the initial stage, the sponsors' application package will undergo a review to ensure they meet all eligibility requirements. In the second stage, the application package of the refugee applicant will be assessed. The refugee applicant is required to include the necessary forms and documents for permanent residency in their application package. Upon approval, the refugee applicant will then come to Canada as a permanent resident.
    8. What is the processing time for G5 program? The processing time for refugee applications may vary depending on the country where the refugee applicant resides. You can check the current processing times by following this link: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html
    9. What happens after your sponsorship approval? The file will be transferred to the visa office overseas for further processing in issuance of visa.
    10. How long are sponsors obligated to provide support for the refugee? Sponsors are required to ensure the provision of necessary settlement support for the entire sponsorship duration, typically lasting 12 months.

  • Ready to take the next step? Contact us today to schedule a consultation and explore how our immigration and refugee services can make a difference in your life.