Dec 6, 2016 | In the News
Great news for Mexican nationals wanting to visit Canada. As of December 1, 2016, Mexican nationals who wish to travel to Canada are no longer required to obtain a Visa prior to their travels. The Trudeau government seeks to create closer ties to Mexico by lifting the requirement and it is ultimately expected to improve Canada’s overall competitiveness as a tourism destination, and to encourage travel between the two countries.
As Canada and Mexico are each other’s third largest two-way trading partners, the improvement of bilateral relations is expected from the lifting of the visa requirement, and to facilitate increased trade and business opportunities.
Mexican nationals who plan to travel to or transit through Canada must obtain an Electronic Travel Authorization (eTA) prior to boarding their flight. Anyone with a Visa already is not required to obtain an eTA. The cost to apply for an eTA is $7.00 CDN. To apply for an eTA click here: http://www.cic.gc.ca/english/visit/eta.asp
Mar 17, 2016 | Spousal Sponsorship
Canadians often meet Americans and fall in love. Of course, it also happens the other way around. So what happens if you and your spouse decide to live in Canada together?
A Canadian citizen or permanent resident may be able to sponsor his or her spouse to Canada as long as they are married or in a common-law relationship (residing together for at least 12 consecutive months). In many cases Canadians work in the U.S. on valid status and live together with their spouses. This can be considered common-law as long as the relationship is genuine. There are two ways in which a Canadian sponsor may submit an application. There are pros and cons to each of the following options, but depending on the specific circumstances of the relationship, one option may be better than the other for the couple.
Applying from Outside of Canada
In many situations both the Canadian and American are living in the U.S. together. In this case, if the couple decides to reside in the U.S. together until such time that the permanent resident visa is issued, this option is best. The process begins in Canada to approve the sponsor which takes approximately 2 months. Once the sponsor has been approved, the application is forwarded to the Canadian visa office in either in New York or Los Angeles. It takes approximately (on average) about 12-24 months to finalize the application and be granted permanent residence. During this processing time there would be no restrictions on the American citizen traveling to Canada for a visit. Once the visa is issued the couple can travel to Canada together. Upon entry, the American citizen will be stamped as a permanent resident.
This outside of Canada process may also be the preferred choice if the Canadian citizen resides in Canada while the American spouse resides in the U.S. This option allows for fastest processing times while the American continues to work or study. It provides the American spouse with enough time to wrap up life in the U.S. and prepare for a permanent move to Canada.
Applying from Inside of Canada
This is an option that is preferred among couples who either have no intention to reside in the U.S. during the processing period of the application. Of course, this option requires that both the Canadian sponsor and the American spouse are in Canada together. Since American citizens are not required to apply for a visa prior to entering Canada, it is a popular option for those who come for a visit and decide to stay with their spouse in Canada. The current policy allows the foreign spouse to obtain a work permit while awaiting the decision of the sponsorship application. Since processing times in Canada are lengthy, approximately 24-27 months in total, a work permit can certainly come in handy.
The process begins with an application made to the Case Processing Center. If the application is prepared well and contains the appropriate application forms and their supporting documents, a work permit can be issued within 4 months. A work permit will allow the American spouse to take up employment without restriction. It will also allow for the individual to apply for and obtain provincial health insurance while working full time. During the first 4 months while awaiting the issuance of the work permit it is recommended that the American spouse does not leave Canada. While there are no regulations that would prevent the American spouse to from leaving Canada, it is highly suggested that he or she spends majority of their time residing in Canada. Short trips are allowed, but re-entry to Canada is always at the discretion of the officer at the port-of-entry. It is always recommended to spend as much time in Canada unless absolutely necessary to travel outside.
Immigration Canada will approve the permanent resident visa inside Canada at a local office where both the Canadian sponsor and the American spouse should be physically present.
Children born in the United States to a Canadian parent
If there are children born in the U.S. to a Canadian parent, the children may be deemed Canadian citizens by virtue of the relationship to the Canadian parent and would not be required to apply for permanent residence. However, they would require a citizenship certificate as proof of their Canadian status and to apply for a Canadian passport.
To learn more about sponsoring your spouse to Canada from the United States, we recommend speaking with one of our knowledgeable immigration consultants or lawyers who can help you take the necessary steps. Our Canadian immigration consultants and lawyers are experienced in handling all kinds of relationship situations and are best to provide accurate advice that pertains to specific situations.
Mar 16, 2016 | Criminality
Canada considers a DUI (Driving Under the Influence) conviction a criminal offence as it is punishable under the Criminal Code of Canada. If you have been charged with or convicted for driving under the influence of drugs or alcohol, regardless of whether the charge was a misdemeanor or felony, you may be criminally inadmissible to Canada, and prevented from entering Canada. It is imperative that you confirm your eligibility prior to arriving at a Canadian port-of-entry. It may also mean that you cannot apply for a work permit, study permit or any immigration related programs.
Obtaining permission to enter Canada with a DUI
In many cases, if you are reading this you have probably been charged with a DUI and wish to enter Canada. Unfortunately, getting into Canada with a DUI is not as simple as most people may think. To overcome a criminal inadmissibility, a person must first apply for special permission and be approved before making way to Canada. There are two ways in which a person may be able to overcome a criminal inadmissibility due to a DUI or DWI conviction.
Deemed Rehabilitated
If enough time has passed since the completion of the penalty which includes jail time, probation, reinstatement of license, and payment of fines, Canada will deem the individual ‘rehabilitated’ automatically. If it has been more than ten (10) years and the individual has been convicted of only one (1) DUI/DWI and no other criminal convictions on record, the person would be deemed rehabilitated, and no formal application is required to enter Canada. If however, the individual has two (2) or more driving under influence convictions, he or she may not be deemed rehabilitated by virtue of time and will be inadmissible to Canada without a Temporary Resident Permit or Criminal Rehabilitation. It is certainly recommended that even if you are deemed to be rehabilitated by the passage of time you consult with a professional to determine for certain your eligibility to enter Canada.
Temporary Resident Permit (TRP)
The first option to overcome a criminal inadmissibility is to apply for and obtain a Temporary Resident Permit (TRP). A Temporary Resident Permit authorizes an individual to enter Canada for a specified period of time provided that they have a valid and strong enough reason to come to Canada. A TRP is certainly useful to those who have not yet been deemed rehabilitated or have an application from criminal rehabilitation still in process and require to enter Canada. It can be valid for a single entry or multiple entries to Canada during the validity period of the document. Temporary Resident Permits can take a while to obtain so we advise to apply well before the date of intended travel. In some cases TRP’s can be issued upon entry to Canada.
Criminal Rehabilitation (Permanent Solution)
A criminal rehabilitation application will allow a person to overcome a criminal inadmissibility permanently. It is a process by which a formal application is made to the appropriate authorities which is ultimately a request for forgiveness of a prior conviction such as a DUI or DWI. To be eligible to make an application for Criminal Rehabilitation at least five (5) years must pass since the completion of a penalty which includes jail time, probation, reinstatement of license, and payment of fines, driving courses, community service, probation, and any other conditions which may have been imposed. If and when approved, it allows an individual a fresh start and to enter Canada freely. Unlike a TRP which authorizes entry for a limited time, a Criminal Rehabilitation is permanent.
To increase your chances of being admitted to Canada, we recommend speaking with one of our knowledgeable immigration consultants or lawyers who can help you take the necessary steps. Our Canadian immigration consultants and lawyers are experienced in criminal inadmissibility issues and specialize in helping Americans who have been charged with a criminal offence.
Mar 15, 2016 | Criminality
The Immigration Consultants of Canada, Regulatory Council (ICCRC) is warning foreign nationals in Canada and abroad to be aware of potential immigration scams. March is fraud prevention month in Canada, and the ICCRC is encouraging the public to be aware of unscrupulous immigration practices from individuals posing as authorized immigration service providers. The ICCRC regulates Canadian immigration consultants and ensures that they comply with federal laws when providing Canadian immigration or citizenship advice for a fee or other consideration. Anyone providing advice for a fee or other compensation must be in good standing with the ICCRC or a provincial/territorial law society, or the Chambre des notaires du Quebec. Anyone who is not is acting in contravention of Canadian federal law and should be reported.
Interim President and CEO of the ICCRC said “it is important that as consumers we be vigilant and protect ourselves,”. “If something seems to good to be true, it probably is, so we ask for the public’s help to ensure that immigrants find a safe passage to Canada and that illegal operators be stopped and brought to justice.”
Can-Am Immigration’s immigration consultants and advisers are members in good standing of the ICCRC, provincial law societies and the Chambre de notaires du Quebec.
We recommend that anyone who seeks immigration or citizenship advice visit the “Find a Professional” page on the ICCRC’s website (www.iccrc-crcic.ca) to determine whether an immigration consultant is a lawful practitioner. Below is a direct link to the Find a Professional page on the ICCRC website
Feb 25, 2016 | Tourist Visas
As of March 15, 2016, travelers planning to enter Canada for a visit, and are not visa-exempt will be required to apply for travel authorization prior to their arrival to Canada. Exceptions include American citizens and those with a valid travel visa.
The travel authorization, also known as Electronic Travel Authorization or eTA can be applied for online for a fee of $7.00 CAD.
While it is currently an option, we recommend anyone who is planning to travel before March 15, 2016 to apply for an ETA. The ETA will become mandatory on March 15, 2016 and anyone without an ETA will find themselves not being able to get on a plane.
The ETA application is done online via the Citizenship & Immigration website at www.cic.gc.ca.
Should you have questions about this – feel free call or email our office to speak with an immigration representative.
