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Permanent Residence

Permanent Residence is an immigration status granted to foreign nationals on which they can enjoy the right to live in Canada permanently. Permanent Residence have access to study, work and access to social benefits. It is not a citizenship, but confers similar rights on the individuals other than the right to vote and to hold a Canadian passport. Also, a permanent resident may ultimately apply for citizenship after physically spending a certain amount of time in Canada. It is pertinent to mention that if an individual fails to comply with the conditions of permanent residence in Canada; they may lose their Permanent Residence Status.

The Canadian Government provides status for permanent residence in different immigration categories.

Family Sponsorship

Express Entry

Provincial Nomination Programs

Refugees

Humanitarian and compassionate Considerations

Family Sponsorship

Family reunification is an important principle in Canadian law and is a value that Canadians hold dear. For this reason, Canada permits various sponsorships of Foreign Nationals by Canadians and Permanent Residents of Canada, ranging from spousal, children, dependent children and parent sponsorships. Here, at CIC Lawyers LLP, we are ready to assist you with the immigration process of reunification of family members, in Canada.

From family to family, depending on the situation, sponsorship applications can be complex and may require a range of required information or proof that may neither be standard nor obvious.
Each category has specific guidelines and rules to be followed. Processing of the Application can be carried out in different places – whether inside Canada or from outside Canada depending on the specific circumstances.

It’s important to get correct and competent legal advice before you proceed with a Sponsorship Application in order to avoid the pitfalls of changing rules or procedures. We are here to help, please contact us for a consultation so that we can get your Sponsorship application started right and with the best chances for success.

Spousal Sponsorship

Inland Spousal Sponsorship
If you are a Canadian citizen or a permanent resident, and your spouse is in Canada on any temporary resident permit-visitor, work permit or study permit; you may sponsor your spouse for a Permanent residency in Canada under this class. An application for an open work permit can also be included with the PR application.

Outland Spousal Sponsorship
This option applies to Canadian Citizens or Permanent residents whose spouse lives outside Canada. This application cannot be accompanied with an open work permit application and is processed in the visa application centre located at the country of origin of the sponsored person.

Parental Sponsorship

Parent Sponsorships open every year in Canada, however for a short period. The recent changes in immigration law have substituted the lottery system that was earlier used to pick applications in this category, with a ‘First Come First Get’ phenomenon. Time has now become of a greater essence in these applications. Advanced preparation and timely filing can definitely help increase the chances of your application to be securely accepted.Do not take chances on Parent Sponsorships, given that it is a special category offering a unique and short-lived opportunity for application acceptance. Please call us for a consultation on how we can assist you with your Parent Sponsorship, so that you can benefit from timing, skill and knowledge.

Sponsoring a child

A Canadian Citizen or Permanent Resident can sponsor their dependent children, whether biological or adopted to come to Canada as a Permanent Resident. If a Canadian Citizen adopts a child from outside the country, the applicant can apply for Canadian Citizenship for the child directly.

Sponsoring a relative

Subject to the application of certain conditions, a Canadian Citizen or Permanent Resident of Canada may sponsor some eligible relatives other than spouse, parents or children.

Express Entry

Express Entry is a system through which Canadian Government manages Permanent residence applications for qualified and skilled applicants. There are various categories for immigration under Express Entry:

Canadian Experience Class

If you have worked in Canada for a year at least, and your job qualifies the eligible National Occupation Classificaiton (NOC), Canada gives you an opportunity to become a permanent resident in India through the Express Entry System. The Canadian Government recognizes the fact that the people who work in Canada should have an opportunity to set their roots and build their future here.

Based on six selection factors namely age, language skills, education, work experience, arranged employment and adaptability, you may qualify for migrating to Canada permanently.

Canada is a country that attracts and retains skilled workforce. There are certain jobs that qualify as skilled trades in Canada and in the last five years, if you have at least two years of work experience in any of those jobs coupled with a certain level of language proficiency, you may qualify to immigrate to Canada under this category.

If you are an express entry candidate waiting for an Invitation to apply, you may get an interest for nomination from any Canadian province in your profile. If you accept the provincial interest and apply for a nomination, you may get an approval for provincial nomination ultimately earning you 600 points in your Express Entry profile.

Provincial Nomination Programs

Every province in Canada has its own immigration nominee program. There are different streams like international graduate, human capital, skilled trades, investors, in demand occupations etc. Once a province approves the nomination application, the applicant can apply for a work permit and Permanent Residence in Canada.

The language proficiency requirements for these programs are relatively lower. For more information on how you may be eligible to obtain permanent residence through provincial nomination programs, book a consultation with us today.

Refugees

Refugee claimants are temporary residents who request refugee protection upon or after arrival in Canada. A refugee claimant receives Canada’s protection when found to be a convention refugee, or when found to be a person needing protection based on risk to life, risk of cruel and unusual treatment or punishment, or in danger of torture. A refugee claimant whose claim is accepted can make an application in Canada for permanent residence. This application may include family members in Canada and abroad.

Humanitarian and Compassionate Considerations

This immigration option is available to the people who may otherwise be ineligible to become permanent residents of Canada. These applications are based on humanitarian and compassionate considerations and take into account, the best interest of any children involved in the application, settlement of the applicant in Canada, family ties in Canada and other factors. An H&C might be your application to stay in Canada even if your do not have a legal immigration status. This application can be made in special circumstances to request the Government of Canada for permission to stay and settle in Canada as a permanent resident based on humanitarian and compassionate grounds. This application is accompanied with voluminous evidence to prove the applicant’s humanitarian and compassionate claims. All the evidence has to be sent in with the application as the Officials do not ask for more evidence in these applications at a later stage. Book a consultation with us today to help you build up your strongest genuine application for PR on H&C Considerations.

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