IMMIGRATION

Express Entry is a selection system the Canadian Government implemented to expedite the Permanent Resident visa process for various Economic Immigration Programs. It is an electronic process with online submissions which allows for quicker processing times, averaging around 6 months.​

The following programs are processed by Express Entry:

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• Federal Skilled Worker (FSW)
• Canadian Experience Class (CEC)
• Federal Skilled Trades Class (FSTC)
• Provincial Nominee Programs (PNP) – some programs

To be Eligible to apply under Express Entry:

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You must meet the eligibility requirements for one of the Immigration Programs that are processed by Express Entry. Each program has its own eligibility requirements. If you meet the requirements, an expression of interest to apply can be made by creating a profile detailing personal information including skills, work experience, language ability (test scores), education.

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All candidates who meet the eligibility requirements to apply with be placed into a pool and are ranked using a Comprehensive Ranking System.  Periodically, a certain number of the highest ranked applicants will be invited to apply for Permanent Residence. Once a candidate receives an Invitation to Apply (ITA), they have 90 days to submit an application for permanent residence with ALL necessary accompanying documents. All required documents must be submitted within this timeline, otherwise they will be refused.  After completing the process, successful candidates and their dependants (spouse and children) can land in Canada as Permanent Residents and be on their way to becoming Canadian Citizens.

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Candidates who are in the Express Entry pool and have yet to receive an ITA (invitation to apply), will remain in the pool for 12 months and may be selected at a future date.  If a candidate is not selected after being in the pool for 12 months, a new expression of interested can me made by creating another profile.

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At Vosooghi Law, we adhere to the highest standard of care and provide best legal service to our clients’ satisfaction. You can retain our services and rest assured that your case shall be handled with utmost care and expertise. If your CRS score does not meet the cut-off score, consult with our team of lawyers to find alternate solutions.

International Mobility Program provides the fastest and easiest way to enter Canada on a work permit. IMP acts as a gateway for entrepreneurs who wish to establish their business in Canada. Your spouse will be issued an open work permit, meaning they can work for any employer, and more importantly, your children can enroll in public schools without any fees. You and your family will be covered by the global medical insurance scheme, which is an important privilege.

The IMP has two main sub-categories, namely Intra-Company Transfer (ICT) and Owner/Operator programs. Both these programs will earn you 50 points after one year of work in Canada, plus another 50 points for your job offer, plus points for your spouse’s work. All these points can play a crucial role in the Express Entry system to secure your Permanent Residence (PR) status.

Intra-company transferees may apply for work permits under the general provision if they:

• are currently employed by a company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;
• are transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company
• are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity;
• have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application.
• are coming to Canada for a temporary period only;
• comply with all immigration requirements for temporary entry.

To qualify as an owner/operator, a foreign national must:

• demonstrate a level of controlling interest in the business, i.e. a sole or majority shareholder;
• demonstrate that his or her temporary entry to Canada will result in the creation or retention of employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians and/or permanent residents; and
• not be in a position to be dismissed, i.e. is not in an employment position where her or she is answerable to someone more senior.

We will assist you in the process of incorporation or purchase of your business in Canada and provide you with top-grade legal services. Our services include all aspects of your immigration process from advising what documents to be translated to the incorporation or purchase of your business, preparation of your business plan, and submission of your file with the Immigration, Citizenship, and Refugee Canada (IRCC).

To apply for a Canada Student Visa (study permit), students must first enroll and be accepted to study at a Canadian educational institution. In addition to the Study Permit, students may need a Temporary Resident Visa and/or and eTA (electronic Travel Authorization), depending on their country of citizenship or residence.

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Who can apply for a Canadian Student Visa?

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You must have received an acceptance letter from the designated institution which you plan to attend before you submit your application for a Canada student visa. Additionally, you must meet the following requirements for a Canada student visa:

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• You must have been accepted by a Designated Learning Institution (DLI) in Canada.
• You must prove that you have enough money to pay for your:
  • tuition fees
  • living expenses for yourself and any family members who come with you to Canada and
  • return transportation for yourself and any family members who come with you to Canada.
• You must be a law-abiding citizen with no criminal record and not be a risk to the security of Canada. You may have to provide a police certificate.
• You must be in good health and willing to complete a medical examination, if necessary.
• You must satisfy an immigration officer that you will leave Canada at the end of your authorized stay.

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You do not require a study permit to go to school in Canada if:

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• You wish to study in a short-term course or program:
  • You do not need a study permit if you plan to take a course or program in Canada that lasts six months or less. You must complete the course or program within the period authorized for your stay in Canada.

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• You are a family member of a Foreign representatives to Canada:
  • If you are a family member or staff member of a foreign representative to Canada accredited by Global Affairs Canada (GAC), you may not need a permit to study in Canada. You should contact your embassy in Canada. Your embassy can contact the Office of Protocol at GAC to find out whether you need a study permit.

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• You are a family member of foreign armed forces:
  • If you are a member of a foreign armed force under the Visiting Forces Act, you do not need a permit to study in Canada. If your family members, including minor children, want to study in Canada, they must meet the requirements.

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• You are a foreign national who is a  Registered Indian in Canada:
  • If you are a citizen of another country who has Registered Indian status in Canada, you do not need a permit to study in Canada.

​ ​At Vosooghi Law, we can provide you with best legal advice, strategy, and representation with respect to your study permit application. We can advise you on how to obtain your letter of acceptance and how to formulate your Stud Plan.

International students who complete a post-secondary education in Canada are eligible to apply for a Post Graduate Work Permit.  This permit is an Open Work Permit allowing them to work in ANY job, without restrictions. An LMIA or a confirmation of job offer are not needed to apply for a Post Graduate Work Permit.

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Eligibility Criteria

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To be eligible for a Post-Graduation Work Permit, international students must:

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• have studied full-time for the eight months preceding the completion of their program (please see note below) and must have graduated from one of the following:
  • a public post-secondary educational institution (university, college, or CEGEP)
  • a private post-secondary educational institution that operates under the same rules and regulations as public institutions, and receives at least 50 per cent of its financing for operations from government grants
  • a Canadian private educational institution authorized by provincial or territorial statute to confer degrees

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• have completed and passed the program of study and received written notification that they are eligible to obtain their degree, diploma, or certificate

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• apply for a work permit while holding a valid study permit, or held a valid study permit previously within 180 days of applying for the PGWP. *You must have valid status, otherwise must restore your status and apply for PGWP.

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Important to note:  If your post graduate work permit was refused, you will need to restore your status within 90 days of receiving the refusal. You must also stop working. If you are outside of the 90-day restoration period, our firm may still be able to help you in certain circumstance using case law from Federal Court.  Contact our office to discuss further and learn how we can help in this situation.

​At Vosooghi Law, we can provide you with best legal advice, strategy, and representation with respect to your post-graduate work permit application. We can advise you on how to apply and maximize your chances of success.

There are two types of applications for Spouse and Common-Law Sponsorship

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• Outland Spousal Sponsorship:  your application will be processed through the visa office in the sponsored spouse’s country of citizenship or where they legally reside (if outside Canada).  If you and your Spouse/Common-law partner live together in Canada, you can still apply under this category.  Applying under this category will make you eligible to Appeal a refusal. You will not have rights to appeal for an Inland Spousal Application.

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• Inland Spousal Sponsorship (Spouse or Common-Law in-Canada category): your application will be processed in Canada and you and your sponsor MUST live together.  The person being sponsored MUST have temporary status in Canada as a worker, student, or visitor.  The person being sponsored may be eligible for an Open Work Permit.

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You can sponsor the following persons and their dependent children (21 or younger) for Canadian Permanent Residence

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• Spouse (husband, wife, partner- marriage must be legally recognized)
• Common-law Partner (person you are living with but not married to)
• Conjugal Partner (if your partner does not qualify under the Spouse or Common-Law category but you are in a committed relationship equal to that of a marriage for at least 1 year. There must be extenuating circumstances why you cannot live together- job location, studying abroad, inability to obtain visa to Canada are NOT good enough reasons)

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Canada recognizes same-sex marriages and partners and are eligible to apply under these 3 categories.

To be eligible to be a Sponsor

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• You must be a Canadian Citizen, or Permanent Resident (living in Canada)
• You must be 18 years of age or older
• You cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence
• You, yourself, cannot have been sponsored to Canada as a spouse within the last 5 years.

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Your relationship must be genuine (real) and not entered into primarily for the purpose of acquiring Permanent Residence.

​At Vosooghi Law, we can provide you with best legal advice, strategy, and representation with respect to your sponsorship application. Our team of dedicated lawyers are familiar with all aspects of sponsorship files and will help you obtain the best results.

IRCC has changed the program format, to a lottery system, from the first come first served model that was in place in 2019.

Individuals will have limited time to submit an Interest to Sponsor form and enter the draw. After November 3rd, IRCC will randomly select 10,000 individuals and issue an invitation to apply to individuals to sponsor their parents or grandparents.  Based on past years, IRCC will issue draw results 2 to 3 months after the draw closes.

To be eligible to sponsor:
 

• You must be a Canadian Citizen or Permanent Resident
• You must be 18 years of age or older
• You must meet or exceed the minimum necessary income (MNI) requirement for Family Sponsorship
• You must sign an undertaking agreement that commits you to provide financial support for your sponsored parents or grandparents and repay any provincial social assistance benefits paid to the sponsored family members for 20 years. 
• If the sponsor lives in Quebec, an additional undertaking agreement must be signed

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Sponsors must provide three Notices of Assessment from the CRA to IRCC to prove that they meet the minimum necessary income requirement.

If you do not qualify for Parental PR sponsorship because you do not meet the MNI for the 3-year period, you can apply for a Super Visa as the income required is only for 1-year and it is about 30% lower.

If you have received a negative decision on your immigration, refugee or citizenship matter, you may be eligible for a judicial review of that decision. Our team of lawyers have significant expertise and experience in successfully handling judicial review leave applications and hearings.

Our approach to handling a judicial review for your immigration application will begin with a careful review of the decision-maker’s reasons to pinpoint the areas where the decision-maker made an error of law or rendered an unreasonable or unfair decision. We will then develop the strongest arguments for the written Memorandum of Argument to be filed with the Court, outlining the issues involved in your case. Our strategy is to carefully and persuasively articulate winning arguments that will capture the Court’s attention, relying both on supporting jurisprudence and legislation applicable to your case.

Our intimate knowledge of the Canadian Charter of Rights and Freedoms, as well as constitutional issues related to immigration and refugee matters, allows us to frame the arguments of your case in a creative and compelling manner.

Applying our experience and expertise, we navigate our clients through the intricate procedures set out in the Federal Court Rules.

Judicial Reviews before the Federal Court consist of a two-stage process:

The first stage, called the “leave” stage, involves a review of your documents relating to your case by the Court to determine whether an error was made in the immigration official’s decision or whether the decision was unfair or unreasonable. Leave is granted in cases where the court has determined that the applicant has an arguable case. Being granted leave means the Court will examine reasons for the immigration official’s decision in depth and grant an oral hearing.

Once leave is granted by the Federal Court, we will perform your “application for judicial review” and attend your oral hearing to present strong and persuasive arguments on the immigration official(s) rendered a wrong, unfair or unreasonable decision. Should the court be persuaded, the decision will be set aside and the matter returned back for reconsideration.

Evidenced by successful representation of clients in the Federal Court of Canada, we proudly offer professional legal services to those who wish to seek leave and judicial review from the decisions of the visa or immigration officers.