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Permanent Resident
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What benefits do I have if I become a permanent resident of Canada?
Canadian permanent residents enjoy almost the same rights and privileges as Canadian citizens, including access to universal public medical services. Although permanent residents may not vote, hold public office, and some government positions are reserved for citizens, they have access to virtually all positions in the public sector. In addition, government agencies will pursue without cost complaints about discrimination. Permanent residents, however, may be deported if convicted of a serious criminal offence, whereas Canadians, including those who have naturalized, may not be deported.
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Once I am a permanent resident of Canada, do I have to stay in Canada forever?
Permanent residents are required to spent at least 730 days (two years) out of five years in Canada. However, time spent working abroad on a full-time basis for a Canadian company, or accompanying a Canadian spouse, will be treated as time spent in Canada.
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When can I become a Canadian citizen?
After having spent 1,095 days (three years) within the preceding six (6) years in Canada as a permanent resident, one may apply for Canadian citizenship. In addition, one day – to a maximum of one year – will be credited or every two days spent in Canada before becoming a permanent resident.
Canada allows multiple citizenship. Thus, renunciation of prior citizenship is not required before becoming a Canadian.
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As a Canadian permanent resident, may I work in the United States?
Being a Canadian permanent resident has no bearing on being able to work in the United States. However, Canadian citizens is certain professions will be issued a one-year, renewable work-permit at the border upon presentation of
- proof of Canadian citizenship,
- a bona fide, detailed job-offer in a qualifying occupation and
- proof of being qualified for the position; e.g., a university degree in the field.
In addition, Canadians may be issued a renewable work-permit if they intend to operate a business which is either at least 50% Canadian owned (E-2 visa) or at least 50% of its business constituted trade between Canada and the United States (E-1 visa). E-visas are extended to citizens of those countries with which the United States has a reciprocal treaty. A list of those countries may be found at: http://travel.state.gov/reciprocity/list_of_treaty_countries.htm
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Eligibility to apply an immigrant visa
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I cannot find my job title in NOC skilled worker occupation list.
It is not necessary to match your title to the occupation name in the list. Rather than that, your experience has to consist of a substantial number of duties described in the Main Duties section of the NOC list.
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My score is less than the pass-mark. Is it impossible for me to immigrate to Canada?
Even applicants with a score of less than the pass-mark have chance to obtain an immigrant visa. For example, applicants whose occupation is definitely demanded in Canada may be approved with less than the required points if properly presented. Also, skilled workers whose occupation does not need high level of education or language proficiency and have found a Canadian employer may be accepted.
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Which is better, applying for immigration after obtaining a work-permit or searching for a job after immigrating to Canada?
The answer depends on your particular circumstances. If you meet the current pass-mark, it would be better to apply immediately because the pass-mark may be changed – as may the selection-criteria and eligible occupations – and selection standards must be met both when upon application and when the selection decision is made many months later. Thus, by the time you find a job, you might no longer qualify to immigrate.
For those who do not reach the pass-mark, arranged employment may be the cure because it generated ten (10) to fifteen (15) points. However, those who have secured arranged employment are not permitted to work in Canada until they have immigrated.
On the other hand, if, even with those additional points, you cannot reach the pass-mark, you might wish to obtain a work-permit in order to prove to a visa-officer that you have the ability to support yourself in Canada. If so, you could still be approved for immigration even though you cannot reach the pass-mark.
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What is an arranged employment?
Arranged Employment’ requires approval from HRSD, Canada’s Department of Labour. In order to obtain approval, the following conditions must be satisfied:
- the employer must have been operating for at least one year;
- the job must be managerial or Skill Level A or B and
- the compensation offered must be sufficient to attract
- a Canadian citizen or permanent resident.
Advertising the position is not required.
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Can ForefrontMigration Ltd. secure ‘arranged employment’ for me?
Quite possibly. It depends on your professional experience and qualifications. We have access to Canadian lawyers and ‘head-hunters’ and are, therefore, in a position – for a fee – to obtain ‘arranged employment’ for those seeking to immigrate to Canada.
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Where do I have an interview and take my medical exam?
Medical examinations may be taken anywhere in the world so long as an approved physician conducts the examination. Click here for a list of approved physicians.
Applications, however, must be submitted to the visa-post responsible for your country of citizenship or where you have had – but may no longer have – lawful immigration status. Click here for the visa-post responsible for each country.
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Under what circumstances are interviews waived?
If, on the basis of the supporting documentation, the visa-officer is satisfied that the selection-criteria have been met, the interview may be waived. For business-class applicants, however, interviews are rarely waived. Because a visa-waiver greatly reduces the processing time – by one year or more – how an application is presented is exceedingly important.
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How long does the application process take?
Regrettably it is impossible to answer this question precisely because
- Immigration Canada has failed to give accurate projections in this respect and
- there are many variables in any event, not the least of which is the number of files already in the queue.
In addition, processing time depends on the class in which you apply, whether your interview is waived, the complexity of your case, the length of the coffee-breaks Immigration officials take during the processing of your file and the phase of the moon when your application is received.
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May I visit Canada while my application for permanent residence is still in process?
Technically, yes, but practically, no. Although IRPA states that intending immigrants may, despite that intention, also intend to visit Canada temporally while their immigrant-visa application is pending, all too many visa-officers ignore that provision. However, those who have a bona fide basis for making an exploratory visit should be issued a visitor-visa. Request from those who have applied in the Business Class are generally accepted, but, for skilled-worker applicants, the odds are much lower – unless they are going to seek ‘arranged employment’ and have potential employers’ information in hand.
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Professional Representation
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Is professional representation required?
Not necessarily. However, applying to immigrate requires completion of numerous forms and submission of a plethora of supporting documents. The visa-officer may reject an application if all required forms have not been completed correctly. Also, applications should be presented so that the merits of the case are properly understood. In addition, professional assistance may avert a file from being ignored. Although retaining professional services is not mandatory, having proper professional support will result in your "putting your best foot forward", avoid unnecessary delays, deal effectively with any problems which arise during the processing and assist in securing a timely and successful outcome.
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How can I know if your lawyer is qualified to assist me properly?
The Immigration Canada, whose officials are very well acquainted with our general counsel, Timothy E. Leahy, who has been practicing immigration law since August 1989 and who, over the years, has shared his thoughts on proposed changes with its senior officials and Ministers. In fact, Mr. Leahy has met the Prime Minister, Paul Martin, whose well-respected father introduced himself to Mr. Leahy, much to his surprise.
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What costs are not included in your service fee?
The following expenses are not included in the fee:
- fees paid to Immigration Canada,
- expenses incurred to acquire required documents,
- the cost to translate required documents,
- the fee charged for taking the language examination,
- the cost incurred in preparing for language testing,
- the fee charged for medical examination,
- the costs you incur in sending materials to our firm and
- the cost for hair implants necessitated by your having pulled out your hair in frustration owing to having to deal with Canadian visa-officers and their staff.
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Will you assist me in securing ‘arranged employment’?
Yes, for an additional fee.
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I applied for permanent residence in Canada on my own but I am having difficulties. Can you assist me in the middle of process?
We are willing to review the facts in order to ascertain whether we would be able to assist you.
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After the Immigrant-Visa is approved
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What happens after I obtain immigration visa?
When you are are granted a permanent resident visa, you will receive Confirmation of Permanent Residence (CPR), which is presented to an Immigration officer at the port-of -entry. If no problem arises, the Immigration officer will admit you as a permanent resident. The permanent residence card should arrive in the mail in less than two months. (In the interim, the CPR may be used to confirm permanent resident status.)
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What possible problems could arise at the port-of-entry?
One problem could be arriving at the port-of-entry after the immigrant-visa has expired, in which case you cannot be admitted. Another frequent problem is a change of marital status or the birth of a child occurring after issuance of the immigrant-visa. Such changes must be reported to the visa-post, which will require medical examinations for the new family-members and, for the spouse, police-clearances.
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What if I do not advise Immigration Canada that, subsequent to receiving my immigrant-visa but before coming to Canada, I got married or had a child?
First, Immigration Canada could seek to strip you of your immigrant-visa on the grounds that you were admitted on the basis of a false representation or concealment of a material fact. Second, the Regulations bar sponsorship of any spouse or child who was not declared prior to landing.
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What am I allowed to bring with me when I immigrate?
You are allowed to bring duty-free anything "used", which is to say, anything not in its original, unwrapped box. Items on the "Endangered Species List", however, require export and import approval. Ivory, for example, is on that list, but Canada permits each immigrant in possession of an export permit the right to bring 10 kilograms of ivory.
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After my immigrant-visa has been approved, will you help me find a job in Canada?
Yes, for an additional fee, paid only if we are successful in finding an employer.
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Do you provide services for immigrants who need to apply for a permanent resident card?
Yes, quite often.
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Citizenship
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Do you also help immigrants who are applying for Canadian citizenship?
Yes.
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When can I become a Canadian citizen?
After having spent 1,095 days (three years) within the preceding six (6) years in Canada as a permanent resident, one may apply for Canadian citizenship. In addition, one day – to a maximum of one year – will be credited or every two days spent in Canada before becoming a permanent resident.
Canada allows multiple citizenship. Thus, renunciation of prior citizenship is not required before becoming a Canadian.
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