Canadian Immigration Services
- WHY HIRE OUR LAW FIRM
- SKILLED WORKER
- ARRANGED EMPLOYMENT
- TEMPORARY FOREIGN WORKER
- FAMILY SPONSORSHIP
- STUDY PERMIT
- CANADIAN EXPERIENCE CLASS
- BUSINESS IMMIGRATION
- SKILLED TRADES
- CANADIAN CITIZENSHIP
Kubes Law Firm is a Canadian Immigration Law Firm, with a full service Immigration practice including representing clients who wish to obtain a Work Visa or to Immigrate to Canada in order to obtain Permanent Resident status, which is similar to having a Green Card in the USA, followed by Canadian Citizenship. There are several ways to accomplish this, including using the Skilled Worker category, Business category, and Family Sponsorship category. We also represent clients needing Job Offer Validations, Labour Market Opinions, Arranged Employment and Work Permits. With respect to persons who are already in Canada, but without legal status, we represent clients in Deportation Appeals to the Federal Court and Spousal Sponsorship Appeals to the Immigration Appeal Division IAD of the Immigration and Refugee Board IRB, and we also assist with making Humanitarian and Compassionate Applications, PRRA Applications, or Refugee Claims.
For many years, Canada has been chosen by the United Nations as one of the best countries to live in. The political situation is stable, economy is on the rise, and the country is beautiful. Applicants can immigrate to Canada from any country in the world, and even applicants who do not have proper status and are residing in a country which is not the country of their citizenship, such as persons from Europe, living in the United States without proper documentation, can qualify, in many of the categories below. The system is very complex and it is vital that each applicant is placed in the proper category, so that his or her chances will be maximized. Through many years of experience, The Kubes Immigration Law Firm will ensure that each applicant is processed in the best and fastest manner possible.
Hiring us to represent you in order to prepare your immigration case, is equally as important as hiring a criminal lawyer to represent you if you were charged with a crime. Although technically it is possible to represent yourself in both situations, successful results are almost impossible in both situations, when one decides to represent himself or herself. Preparing an immigration case for submission to the Canadian Immigration Officials is very complicated and is very similar to presenting a criminal or any other kind of legal case. Preparation of the immigration forms is just a starting point in the immigration process. Unless you are an experienced lawyer who has represented clients hundreds or thousands of times in this process, you could not possibly be aware of what is required to successfully proceed with the case. This is because although there are some basic general instructions available to the public on the internet, there is no way to know what the actual requirements and expectations of the Immigration Officials are, unless you are an Immigration Lawyer and have a great deal of experience.
Canadian Immigration Laws and Regulations allow Immigration Officials to make decisions in immigration cases on a discretionary basis, and these laws and regulations are often changing, as is the way in which these Laws and Regulations are interpreted and applied by Immigration Officials. Only very experienced lawyers, are able to prepare strong written legal arguments and submissions, and send them to the Immigration Officials on your behalf, in order to convince them, based on the most current laws, policies and regulations, that your case is one which should be decided upon positively. It is necessary to know, and present to the Immigration Officials, the legal basis for your case, to present the important issues in your matter, to advance your case in the best possible light, to focus the Immigration Officials on the positives of your case and to forcefully argue and convince the Immigration Officials in order to receive a positive decision. For instance, even if you have more than the required number of "points", your application can be rejected by the Immigration Officials, if your case is not presented properly, with sufficient proof and in a manner which will convince Immigration Officials that your case is meritorious.
Furthermore, Immigration Officials have so many cases to deal with, that they are happy to quickly reject unrepresented applicants who submit incomplete or insufficient application packages, without giving the applicants a second chance. As well, if you do not have us to anticipate what the Immigration Officials will require, or to highlight the merits of your application package, the Immigration Officials may simply look at your application and reject it without noticing the positives of your case, even if, you in fact, have a good case. Therefore, although strictly legally-speaking you could represent yourself in the immigration process, it is false and misleading for you to believe, that you can successfully represent yourself in this process, just as it is false and misleading to think, that anyone could represent themselves successfully in divorce or criminal proceedings.
For those persons who do not wish to immigrate to Canada, but only want to work, visit, or be students in Canada, Kubes Law Firm will assist with obtaining the required visas, including a work permit, study permit, and visitor visa. For those persons who are already residing in Canada, but have no Legal Status, we will represent applicants in various immigration processes, including Family Sponsorship, where family members wish to sponsor them, in Federal Court Judicial Review and Appeal, and in a Hearing known as a Detention Review, where a person is being held by Canada Immigration.
The decision to immigrate to Canada happens once-in-a-lifetime, and is one of the most important decisions that you will ever make. It would therefore be imprudent and unwise, for you to experiment on yourself, and try to represent yourself in this process, which you have never been through before, instead of hiring our Law Firm, as we have done it thousands of times before. The legal fees incurred by you in order to pay for our services are insignificant, especially when compared to the benefits both monetary and otherwise, and the opportunities, that you and your family will receive if your application process is concluded positively by the Immigration Officials.
In the past, some clients have tried to represent themselves in this process, and were rejected very quickly for various reasons, including for not providing sufficient proof and documents to prove the essential elements of their case. Some of these clients later wanted to try the process a second time, and this time they hired us to represent them. However, it proved to be very difficult, because once you are rejected by the Immigration Officials the first time, it is hard to overcome the deficiencies of the first application process, since the Immigration Officials keep the entire file from your first attempt and refer to it during the second process.
We look forward to representing you, and can certainly guarantee, that we will prepare and present your case in a very persuasive way and in a manner that will make it likely, that it will be accepted by the Immigration Officials.
We will also direct each applicant to other services that will make the transition to Canada easier, such as agencies that assist with finding an apartment, lodging, housing, employment, banking and social groups, including organizations in Canada from the applicant's own ethnic background which assist newcomers to Canada.
The first category of independent immigration into Canada is known as "Skilled Worker", in which applicants are evaluated based on a complicated point system, which is based on many factors, such as education, work experience, language ability, adaptability and age. It is important to obtain as many points as possible. To maximize a person's point total, is however only the first step in this process. Since the required number of points is high, many qualified applicants may not achieve it. Fortunately, Canadian Immigration law states, that an applicant can be accepted into Canada even if his or her point total falls below the required number, if the Canadian Consulate is convinced that the person would likely become successfully established in Canada, despite not having the required number of points. We are highly skilled in preparing appropriate submissions to the Canadian Consulate on behalf of such applicants, who do not have the sufficient number of points, so as to convince the Canadian Consulate, that the candidate would be a successful Canadian Citizen, despite not having the sufficient number of points.
The Skilled Worker immigration category selects professionals and workers to immigrate to Canada, based on their ability to become economically successful in Canada. One of the factors for which points are received, is called ARRANGED EMPLOYMENT, which will greatly increase the chances of an applicant to succeed in the immigration process. In order to obtain Arranged Employment, an applicant will need to get a job offer form a Canadian employer, and that employer will need to obtain a Labour Market Opinion (LMO).
The Labour Market Opinion is very important, because if it is a positive one, it will give the applicant more points in the qualifying process for a Skilled Worker. A positive (LMO) is granted where there is a need in the Canadian labour market for a certain occupation, and where the employer has tried unsuccessfully to find a Canadian worker or professional for the job. If a positive LMO is obtained, the worker then may also be able to come to Canada to work, while the Skilled Worker process is still under way. An applicant is eligible to apply in the Skilled Worker category, if he or she meets certain criteria. For example, the applicant must have at least one year of continuous, and paid employment in a certain skill category or occupation. The Canadian National Occupational Classification (NOC) contains all of the occupations in Canada, and it provides the necessary education and duties of each occupation.
The Immigration Laws and Regulations require a mandatory assessment of foreign educational credentials to determine their equivalency to a completed educational credential in Canada.
An applicant's work experience must be at least one year, continuous, and paid (full-time or the equivalent in part-time); AND be a skill type 0 (managerial occupations) or skill level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list.
The successful applicants in this category, will receive Permanent Resident Status in Canada, allowing them to work legally or carry on a business in Canada, followed by Canadian Citizenship.
One of the most important factors in the Skilled Worker process is called Arranged Employment. If you are an applicant who is able to obtain a job offer from a Canadian Employer, this will greatly facilitate your Skilled Worker application.
Employers who would like to offer a permanent job to a foreign national wanting to immigrate to Canada can facilitate this with a qualifying job offer under the Federal Skilled Worker Program (FSWP). The foreign national can be either a temporary foreign worker (TFW) already in Canada, or someone abroad. The foreign national must meet other requirements of the FSWP and have at least one year of work experience in a professional, managerial, or technical occupation under Canada's National Occupational Classification system.
Prospective Employers must submit an application for an Arranged Employment Opinion (AEO). The Canadian Government will assess the genuineness of employment offer made by employer interested in hiring a foreign skilled worker. The employment must be permanent, non-seasonal and full time, and wages and working conditions offered for the job must be comparable to those offered to Canadians working in the occupation. HRSDC reviews the employer's application and, if valid, provides the employer with an AEO letter of confirmation. The employer would then provide this, along with a job offer letter, to the foreign worker to include in his immigration application.
If an applicant is currently working in Canada, his or her current employer must have made an offer to give the applicant a permanent job if the applicant is accepted as a FSW. The temporary work permit must be valid both when the applicant applies for a permanent resident visa and when the visa is issued. As well, the work permit must have been issued by Canada Immigration based on a positive labour market opinion (LMO).
The employment offer should be in writing, be indeterminate in duration, and
meet the arranged employment requirements.
The National Occupation Classification (NOC) is the official classification system of occupations in the Canadian labour market. It describes duties, skills, aptitudes, and work settings for occupations in the Canadian labour market.
Applicants must meet all required Canadian licensing or regulatory standards associated with the job. An Immigration Officer must be satisfied that the applicant is capable of performing the employment being offered to him or her. If the occupation is regulated in Canada, an Immigration Officer must also be satisfied that the applicant can be expected to qualify for licensing/certification when in Canada.
Employers can make a permanent job offer to a Skilled Worker to fill a full-time, permanent position, and bring needed skills to Canada. By doing this, employers can also help Skilled Workers gain permanent residency in Canada.
An arranged employment opinion (AEO) is based on several factors. The job offer must be permanent, it must be genuine, the wages and working conditions offered for the job are comparable to those offered to Canadians working in the occupation. The employment must be full-time, and not seasonal. The Canadian Government reviews the application and if appropriate, provides the applicant with an AEO letter of confirmation supporting the job. A positive AEO letter only supports the Skilled Worker's application for permanent residency, but does not allow for the person to work in Canada. There is another process, if an employer plans to employ the applicant and, at the same time, support his or her permanent immigration to Canada. On its own, a permanent job offer does not allow a Skilled Worker to immigrate to Canada. Before a Skilled Worker can become a permanent resident, he or she must meet the requirements of the Skilled Worker Class.
The Temporary Foreign Worker Program allows eligible foreign workers to work in Canada for an authorized period of time if employers can show that they are unable to find suitable Canadians or Permanent Residents to fill the jobs and that the entry of these foreign workers will not have a negative impact on the Canadian labour market. Employers from all types of businesses can recruit foreign workers with a wide range of skills to meet temporary labour shortages.
Government of Canada processes applications from employers for a Labour Market Opinion (LMO) and ensures that all necessary requirements are met. An LMO is an opinion provided by the Government of Canada, which assesses the likely impact that hiring the requested foreign worker may have on the Canadian labour market.
To hire a foreign worker, an employer generally must obtain a positive LMO unless the work category is exempt from the LMO process. If an LMO is required, the employer must obtain the employment confirmation before the prospective foreign worker applies for a work permit. When applying for an LMO, an employer will have to demonstrate
the efforts made to recruit and/or train willing and available Canadians or Permanent Residents of Canada. The wages being offered must be consistent with the prevailing wage rate paid to Canadians in the same occupation in the region, and the working conditions for the occupation must meet the current provincial labour market standards.
In most cases, there are four steps involved in hiring a temporary foreign worker from outside Canada. First, an employer must determine if an LMO is required. Second, the employer must apply for the LMO. Third, the foreign worker must apply for a work permit. Fourth, an Immigration Officer order at a port of entry must issue the work permit
The employer will be required to complete an Application for a Labour Market Opinion and submit it to the appropriate Canadian Government office, which will consider various factors in determining whether a positive LMO should be issued.
These factors include:
- the wages and working conditions offered to the foreign worker
- the employer's advertisement and recruitment efforts to hire Canadians
- whether there are associated labour market benefits that may occur from hiring the foreign worker, such as transfer of new skills/knowledge or creation/retention of jobs for other Canadians
If the LMO is Positive, the Canadian Government will issue an employment confirmation and the employer will receive a response in writing which should be forwarded to the foreign worker along with a copy of a signed job offer and an employment contract. The foreign worker can then proceed to apply for a work permit either at a visa office abroad a port of entry, or from within Canada if legally permitted to do so. A positive LMO does not guarantee that a work permit will be issued to the foreign worker. Visa and Border Services officers can refuse work permit applications and entry to Canada if they determine that the foreign worker does not meet the qualifications required by the LMO or is otherwise inadmissible to Canada.
Most foreign workers are required to apply for and obtain a permit to work temporarily in Canada. There are the job categories that are exempt from a work permit. As well, some persons may apply for a work permit at a port of entry, and not at a Canadian Immigration office abroad, such as all nationals or permanent residents of the U.S., and residents of Greenland or St. Pierre and Miquelon.
Generally, a medical examination for a Foreign Worker is not required for employment terms of six months or less. However, a medical examination is required, where workers will be employed in an occupation in which the protection of public health is essential.
To enter Canada, foreign workers must have various documents and be able to present these to a Border Services officer, including a passport or travel document that is valid for the period of the authorized stay, unless they are citizens of the United States, or residents of Greenland or St. Pierre and Miquelon, a signed job offer and/or employment contract, an authorization letter approving a work permit application issued by Canada Immigration, a copy of the positive LMO, evidence of credentials, including education, professional and work experience, a temporary resident visa, if applicable. Foreign workers may be denied a work permit or entry into Canada at the port of entry if the Border Services officer believes that they do not meet the requirements of the Immigration and Refugee Protection Act.
A Temporary Foreign Worker will be able to work in Canada for a maximum period of four years. However, there are some exceptions to this rule, for example if the work creates or maintains significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents, or it relates to an international agreement between Canada and one or more other countries.
Most temporary foreign workers will be hired to address a specific, short-term labour need, however, some temporary foreign workers who initially came to fill a temporary vacancy can become Canadian Permanent Residents, if they meet certain requirements.
There are different categories of sponsorship, for example children sponsoring their parents, or parents sponsoring their dependent children. However, the most common sponsorship is called Spousal Sponsorship. A Canadian Citizen or Permanent Resident can sponsor his or her spouse who lives overseas, or a spouse who lives with them here in Canada.
Each of these processes is different. In order to sponsor a spouse where both the wife and husband reside in Canada, the Sponsor must be 18 years of age or older, be a Canadian citizen or Permanent Resident, and must be sponsoring a member of the so-called Spouse or Common Law Partner in Canada Class.
If you are a Canadian citizen, you can sponsor your spouse, common-law or conjugal partner, or your dependent children, even if you live overseas, but you must plan to return to Canada once the sponsorship is successful, and you must agree to live in Canada and continue to live in Canada after the sponsored person obtains his or her Permanent Resident status. The parties must sign an agreement agreeing that the Sponsoring spouse understands his or her obligations, and promising to provide for his or her spouse's financial needs. You may sponsor your spouse or common law partner if he or she lives with you in Canada, has a valid passport or travel document, is 16 years of age or older, and is your spouse or common law partner in a genuine relationship, and the sponsorship is not primarily for the purpose of obtaining permanent resident status in Canada.
If you are married, you are able to sponsor your husband or wife, if you got married in a legally binding civil ceremony. Regardless of whether your spouse is of the opposite or same sex, and your marriage took place outside of Canada, the marriage must be valid both under the laws of the jurisdiction where the wedding took place and also pursuant to Canadian laws. If on the other hand, you were married in Canada, it will be recognized for immigration purposes.
If you are not married, but living together in a common law relationship you can sponsor your common law partner, regardless of whether your partner is of the same or opposite sex, provided that you have been living together in a conjugal relationship and have done so for a minimum of one year.
The process of immigrating to Canada in this category, requires a full understanding of the Canadian Government's laws, regulations and procedures which are constantly being changed. Since we have represented thousands of successful clients in immigration procedures to Canada, we will use all of our experience to ensure the success of your application process.
Your success in this process will also be enhanced by many other factors, including the proper preparation of your applications, and strong submissions and arguments made by us to the Canadian Consulate, in order to persuade the Canadian Government that you are qualified candidates, who are in a Genuine Relationship, and we will advise you what documentary proof is required to support that assertion.
If you wish to take academic, professional or vocational training at a university, college or other educational institution in Canada, you must apply for a study permit before you enter Canada.
There are a few exceptions to this rule. For example, you do not need a permit if you are enrolling in a short-term course or program of six months or less. However, if you think you might study for more than six months, it is advisable to obtain a study permit before you arrive.
Before an applicant can apply for a study permit, he or she must be accepted at a Canadian educational institution. In Canada, each province or territory manages its own education system. Different provinces and territories have different options and services for students.
Once an applicant has chosen a place to study, the applicant will need to apply for admission. If the school admits the applicant as a student, it will send the applicant a letter of acceptance. This letter is necessary in order to apply for a study permit. A study permit must be applied for from outside of Canada, at the visa office responsible for the country or region where the applicant lives.
The application for a study permit must include many documents, including the letter of acceptance, proof of identity and proof that the applicant has sufficient funds for their stay in Canada.
With respect to funds, the applicant must include proof that he or she can pay for tuition fees, living expenses for the applicant and any family member coming to Canada with the applicant, you, and return transportation for the applicant and his or her family family.
If the application is approved, the applicant will receive a letter of introduction confirming the approval. This is not the study permit, but it is proof that the application has been approved. The applicant will need to bring this letter to Canada, in order to obtain the study permit upon entering.
Depending on where the applicant lives, the applicant may also need a temporary resident visa to enter Canada. When the applicant arrives in Canada, an officer from the Canada Border Services Agency will ask for several documents, including the letter of introduction from the visa office, the passport or other valid travel documents, the letter of acceptance from the school, proof of funds documentation, and a temporary resident visa, if required.
A student can apply to renew the study permit. It is important to apply well before the present permit expires to ensure that the permit remains valid. The applicant and his or her spouse or common-law partner may be able to work while the applicant attends school, and evan after the applicant graduates. The applicant and his or her spouse may also be able to gain Canadian work experience after the applicant graduates.
If an applicant obtains a valid study permit, the applicant may be able to work on the campus of the institution being attended, without a work permit. The applicant can work for the institution itself, or for a private business located on the campus. To do so, the applicant must be a full-time student at a public university, a community college, a publicly funded trade or technical school or a private institution authorized to confer degrees.
To work off campus, an applicant must have a work permit. Through the Off-Campus Work Permit Program, an applicant can work part-time during regular academic sessions (20 hours per week) and full-time during scheduled breaks, such as winter and summer holidays, and spring break. An applicant can work in any occupation, and can change employers whenever necessary.
If you are in a program with a work experience component, such as a co-op or internship placement, an applicant will need a work permit as well as a study permit.
To get a work permit, an applicant must prove that the work experience is essential to completing the program. Acceptable proof could include a letter from the school that the applicant is attending or a copy of the school curriculum. The work experience cannot be more than 50% of the total program of study.
The Post-Graduation Work Permit Program allows an applicant to gain Canadian work experience after an applicant has completed studies in Canada. This can assist in applying to become a permanent resident of Canada.
To qualify, an applicant must have graduated from a public or private institution that grants degrees recognized by the province or territory. These institutions may include a university or a college.
Work permits under this program are valid for the length of the study program, up to a maximum of three years. An applicant must apply for a post-graduation work permit within 90 days of receiving written confirmation from your educational institution that the applicant has met the requirements for completing the academic program.With this permit, an applicant can work in any occupation and change employers anytime the applicant wishes.
If an applicant is a full-time student at a recognized post-secondary institution, and has a valid study permit, his or her spouse or common-law partner can apply for a permit to work in Canada. As long as the spouse has a work permit, he or she can work in any occupation and change jobs at any time.
If an applicant wants to stay in Canada permanently, there are a number of ways to apply for Permanent Residence in Canada. In most cases, an applicant will not need to leave Canada at all.
We will assist you in all of these processes, and ensure that you will benefit greatly.
If you have been working or studying in Canada, you can apply for Permanent Resident status through the Canadian Experience Class (CEC). You must have obtained the required work experience in Canada and you must have acquired it while you had the proper work permits or authorizations. You must also be able to communicate in one of Canada's two official languages.
To apply for permanent residence through the CEC, you need at least one year of full-time experience (or the equivalent in part-time work) as a skilled worker in Canada. Full-time work means at least 30 hours per week. The one-year work experience must have been obtained within the three years preceding the date your CEC application is received.
To work in Canada after graduating, your best option is to apply for a post-graduation work permit. These permits may be valid for up to three years. There are no restrictions on the type of work you can do or where you do it, but to qualify for the CEC, at least one year of your work experience must be in a skilled occupation. That is, your work experience in Canada must be in a job or an occupation that requires a specific level of skill, education or training. To qualify, your experience must be in one of the following categories of Canada's National Occupational Classification (NOC):
Skill Type 0
This includes senior management occupations, middle and other management positions.
Skill Level A
Occupations at this level usually require university education at the bachelor's, master's or doctorate level.
Skill Level B
Occupations at this level usually require education obtained at a college or vocational institute, apprenticeship training or three to four years of secondary school followed by more than two years of on-the-job training, specialized training courses or specific work experience.
It is also important to note that work experience you may have acquired as part of your academic program, such as an internship or a co-op placement, does not qualify under the CEC. Part-time work you may have performed during your studies does not qualify either.
If your existing work permit is about to expire you may be eligible for a bridging open work permit. Bridging open work permits allow qualified applicants to keep working while they await a final decision on their permanent residence application.
To qualify for the CEC you must prove your proficiency in English or French. This includes speaking, reading, listening and writing in one or both official languages.
The expected level of ability in English or French will vary according to your occupation.
To prove your language skills, you will need to take a language test given by an agency that is approved by Canada Immigration and include the results with your application.
The Canadian Experience Class makes it easier and more convenient for international students to apply for permanent resident status in Canada. If you have graduated from a post-secondary program at an eligible institution in Canada, and you have at least one year of work experience in Canada in a managerial, professional, technical or trade occupation after graduation, you may be eligible.
Individuals who have gained skilled work experience in Canada, such as temporary foreign workers and foreign students who graduated with a Canadian educational credential, often have the qualities to make a successful transition from temporary to permanent resident status as they are familiar with Canadian society, and have demonstrated the ability to contribute to the Canadian economy.
Applications for Permanent Residence under the Canadian Experience Class can be submitted by individuals who have at least 12 months of qualifying Canadian work experience in a managerial, professional, skilled trade or technical occupation, and who meet the language proficiency requirements for their occupational skill level.
If you are a business person, another method of Immigrating to Canada is based on your intention and ability to establish and operate a successful business in Canada. The applicants in these business categories do not have to satisfy the usual number of points, but they must satisfy various other criteria. Kubes Law Firm will assist applicants in the preparation of a business plan in order to increase the chances that Canada Immigration will be convinced that the applicant has the appropriate business experience, and the monetary resources to contribute to the economy of Canada.
Another popular manner of immigrating to Canada for persons who have larger sums of money, is via the "investor category". These applicants do not have to establish any business in Canada, and they do not have to satisfy the usual number of points. They must however satisfy various other criteria, and also invest directly with the Canadian Government a certain sum of money. The funds do not earn the applicant any interest, but essentially buy the applicant and his or her family Permanent Resident Status (known as Green Card in the United States) followed by Canadian Citizenship. The Government of Canada encourages these kinds of applicants, because they stimulate the Canadian economy. The applicants must have a certain legally obtained net worth, which can be comprised of cash and/or other property such as real estate, and this property can be located anywhere in the world.
Canada welcomes successful business people who are seeking new opportunities and challenges. The Business Immigration Program is designed to encourage and facilitate the admission of these individuals. Both the federal and provincial/territorial governments welcome business immigrants and offer services to help immigrants start a business and settle in Canada.
The Federal Skilled Trades Program (FSTP) helps employers in need of skilled tradespersons that are in-demand. Under this new Program, Citizenship and Immigration Canada (CIC), has developed a list of eligible skilled trades which are experiencing labour shortages.
Employers interested in hiring and supporting a skilled tradesperson's application to immigrate to Canada, under the FSTP, may need to apply for a Labour Market Opinion (LMO). However, if the Foreign Worker holds a certificate of qualification issued by a provincial/territorial authority the employer does not need to apply for an LMO and the
Foreign Worker can apply directly to CIC under the FSTP.
If the Foreign Worker does not hold a certificate of qualification issued by a provincial/territorial authority, the foreign worker must have received an offer for continuous full-time employment for a minimum period of 1 year. The Foreign Worker must have the required level of proficiency in English or French, have at least two years of full-time work experience, or the equivalent in part-time work, in a skilled trade occupation within the last five years, after becoming qualified to independently work in that occupation, the worker must meet the relevant employment requirements for their skilled trade occupation as set out in the National Occupational Classification (NOC), and he or she must have an offer of employment for continuous full-time work for a total period of at least one year in that skilled trade occupation or hold a certificate of qualification in that skilled trade from a Canadian provincial or territorial apprenticeship authority.
Kubes Law Firm will represent you in all aspects of this process.
To become a Canadian citizen, you must be a Permanent Resident of Canada, 18 years of age or older. Children under 18 years of age and persons adopted by Canadians can also become citizens, but they do not have to meet the same requirements as adults.
You must have lived in Canada for a certain length of time, before you are eligible to receive Canadian Citizenship. Canada has two official languages — English and French. You must successfully demonstrate an adequate knowledge of English or French to become a Canadian citizen. Adequate knowledge is defined as the ability to speak and understand basic statements and questions in the given language.
You must understand the rights and responsibilities of Canadian citizenship, such as voting in elections, obeying the law, and helping others in the community. You must also demonstrate knowledge of Canada's government, history, symbols and geography.
Parents or persons who have custody may apply for citizenship on behalf of minor children (under 18 years of age). One parent, including an adoptive parent, must already be a Canadian citizen or must be applying to become a citizen at the same time. If a child has a Canadian legal guardian but no Canadian parent (natural or adoptive), the child is not eligible for citizenship. To become citizens, minor children need to be permanent residents but do not need to have lived in Canada for three years. Minor children do not have to write the citizenship test or meet the language requirement.
Foreign-born persons adopted by a Canadian citizen on or after January 1, 1947 may be eligible for citizenship without having to either become permanent residents or live in Canada.
In general, you cannot become a Canadian citizen if:
- you are in prison, on parole or on probation (serving a sentence);
- in the past four years, you were in prison, on parole or on probation for more than a year;
- you were convicted of an indictable offence (a crime) under any Act of Parliament, or an offence under the Citizenship Act, in the three years preceding your application;
- you are currently charged with an indictable offence (a crime) under any Act of Parliament, or an offence under the Citizenship Act;
- you are under a removal order (instructed by Canadian officials to leave Canada);
- you are under investigation for, are charged with, or have been convicted of a war crime or a crime against humanity; or
- your Canadian citizenship has been taken away (revoked) in the past five years.
If you are still a citizen of another country, Canada allows you to become a Canadian citizen as well. Some countries, however, will not let you keep their citizenship if you become a Canadian citizen. The consulate or embassy of your other country of citizenship can let you know if this applies to you.
In some instances, you could already be a Canadian citizen and not know it. If you were born in Canada, you are a Canadian citizen. If you were born in Canada after February 14, 1977, and at the time of your birth, your parents were not Canadian citizens or permanent residents, and at least one parent had diplomatic status in Canada, you are not a citizen. If you were born in Canada before February 15, 1977, to a parent who was a foreign diplomat in Canada, contact CIC for more information on eligibility.
In general, you are a Canadian citizen if you became a citizen through the naturalization process in Canada (i.e., you were a permanent resident [a landed immigrant] before you became a citizen).
You are a Canadian citizen if you were born outside Canada and one of your parents was a Canadian citizen at the time of your birth, and that parent was either born in Canada or naturalized in Canada ("naturalized" means that the parent was a permanent resident [a landed immigrant] before becoming a citizen). You are the first generation born outside Canada.
You may be a Canadian citizen if you were born outside Canada between January 1, 1947, and April 16, 2009, inclusive, to a Canadian parent who was also born outside Canada to a Canadian parent (you are the second or subsequent generation born outside Canada).
You may also be a Canadian citizen, if you were a British subject residing in Canada when the Canadian Citizenship Act came into force on January 1, 1947, or you were born outside Canada to a British subject parent who might have become a citizen on that date.
Canadian law permits dual or multiple citizenships. You can be a citizen of another country and still be recognized as Canadian. You are a dual citizen if you are recognized by more than one country as a citizen. In some cases, you may not be aware that you are a citizen of another country.
If you are a citizen of another country and are living outside Canada, you can renounce your Canadian citizenship by applying through any Canadian embassy or consulate abroad. The procedures can take many months to complete. If you renounce your Canadian citizenship, you will become a foreign national and cannot obtain a Canadian passport nor seek Canadian consular assistance. Moreover, you will not be able to return to Canada unless you go through immigration procedures and meet applicable entry requirements.
NOTE: If you require the legal assistance of a Canadian Immigration Lawyer, contact Toronto Immigration Lawyer George J. Kubes LL.B. immediately at 416-926-9298 or 416-464-5139 for a no-obligation consultation.
NOTE: For the reader's assistance, and to ensure accuracy, some of the foregoing content has been reproduced from Canada Immigration's website cic.gc.ca and the reader is urged to also visit that website for additional and up-to-date information.
The information on this website is intended for general information purposes only and is not intended to constitute legal advice, nor is it a substitute for legal advice and should not be relied on as such. You are expressly advised and cautioned to consult with a qualified lawyer for legal advice. While George J. Kubes, LL.B. and Kubes Law Firm have made all reasonable efforts to ensure that the information presented on this website is correct, there is no warranty or guarantee as to its accuracy.