VISA Processing - Leeds & Grenville Immigration Partnership

Visiting, Studying or Working in, and Immigrating to Canada: What you Need to Know About Citizenship and Immigration Canada Application Processing for Temporary and Permanent Residence Gordon Scott Campbell Barrister & Solicitor 1-855-363-6646/613-363-6636 www.gscLawFirm.ca (April 2012)

TWO TYPES OF IMMIGRATION STATUS FOR NON-CITIZENS  1. Temporary Residence  Advantages = much faster application process, can still travel and sometimes study or work throughout Canada  Disadvantages = time limited (but could be for a considerable length of time)  Current Fees = $150 for multiple entry visa, $75 for single entry visa and $400 for a family (multiple or single entry)

 Will be required (with or without visa) for work permit or study permit

Basic immigration status con’t 

2. Permanent Residence 

Advantages = Route to Open Work Permit after approval in principle(work at any job), Canadian citizenship (after 3 years residency) and permanent residents of Canada generally have exactly the same rights as Canadian citizens, except:

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(1) they cannot vote or run for political office;

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(2) cannot travel on a Canadian passport;

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(3) need to live in Canada for two of the past five years to keep status;

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(4) might be ordered to leave Canada if convicted of a serious criminal offence.

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Disadvantages = very lengthy processing time, relatively expensive to apply, more difficult to qualify for than temporary residence

VISITOR VISA EXEMPT STATUS

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If you don’t require a visa to temporarily enter Canada, generally you will receive a passport stamp valid for a stay of six months, but you must apply to extend your stay past that time or leave Canada

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you will be visa exempt if a citizen of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel (National Passport holders only), Italy, Japan, Korea (Republic of), Latvia (Republic of), Lithuania, Liechtenstein, Luxembourg, Malta, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Poland, Portugal, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Slovakia, Solomon Islands, Spain, Swaziland, Sweden, Slovenia, Switzerland, United States, and Western Samoa;

More People Who Will Qualify as Visitor Visa Exempt 

persons lawfully admitted to the United States for permanent residence who are in possession of their alien registration card (Green card) or can provide other evidence of permanent residence;

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British citizens and British Overseas Citizens who are re-admissible to the United Kingdom;

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citizens of British dependent territories who derive their citizenship through birth, descent, registration or naturalization in one of the British dependent territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena or the Turks and Caicos Islands;

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persons holding a British National (Overseas) Passport issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong;

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British subjects who hold a passport issued by the United Kingdom and who have the “right of abode” there

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persons holding a valid and subsisting Special Administrative Region passport issued by the Government of the Hong Kong Special Administrative Region of the People’s Republic of China;

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persons holding passports or travel documents issued by the Holy See;

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persons holding an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes their personal identification number.

Visitors Requiring Temporary Resident Visas and Work or Study Permits  Citizens of the majority of countries and territories of the world require a visa to visit or transit Canada  Even if you don’t require a visitor visa, you may require a study permit or work permit  A study permit is required to study for more than six months  A work permit will be required for most types of work, however “business visitors” who do not plan to enter the Canadian labour market do not require a work permit

Permanent Residence Applications: Weigh Your Options  If your intent is to come to Canada and remain permanently, possibly followed by acquisition of Canadian citizenship, then you may be most interested in making a permanent residence application  In my experience, however, people may be overly focused on securing permanent residence status at the expense of ignoring other kinds of status which are much easier, quicker and less expensive to acquire, and which could still later serve as a solid foundation for a permanent residence application

Work or Study Permits are Often a Good Way to Test Out if You and Your Family Will Like Canada  Work Permits: perhaps the most common application error is not realizing that your proposed employer must obtain a positive Labour Market Opinion (LMO) from Human Resources and Skills Development Canada before you apply for your permit – the proposed employer must demonstrate the unsuccessful efforts made to recruit and/or train willing and available Canadians, and thus that there is a need for a foreign worker  Study Permits: you must have been accepted to study at a Canadian school before applying and prove you have enough money to support yourself

Application Processing Times 

Application processing delays vary greatly depending on where the application is made, and what kind of application is involved

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Possible for certain applicants to apply from within Canada (e.g. spousal sponsorship), but applications from inside Canada may in fact lead to greater delays than if the application had originated abroad – main downside to overseas applications is possible requirement to attend in-person interview at location where you made application

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Visitor Visas very quick processing: from 1 day (in Ghana) to 105 days (in Iran)

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Study Permits quick processing: from 1 week (in Turkey) to 18 weeks (in Nigeria)

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Work Permits moderate processing: from 1 month (in Japan, Tunisia, France, Turkey, Austria, Mexico and Chile) to 37 months (in India)

Permanent Residence Application Processing Delays  Permanent Residence Applications always involve the longest delays – sometimes terribly long – because of the amount of information that must be reviewed before the Canadian government will be satisfied that you are suitable to be a Permanent Resident  For example, a spousal sponsorship application from within Canada currently takes Citizenship & Immigration Canada (CIC) an average of 19 months to review (see http://www.cic.gc.ca/english/information/times/perm-fc.asp)  By contrast, the same application made in Ankara, Turkey would only take 9 months, but if made in Nairobi, Kenya would take 34 months! (see http://www.cic.gc.ca/english/information/times/perm/fcother.asp)

Key: Pick Your Place of Application  Submitting (1) the correct documents, in (2) a complete manner, with (3) all the required supporting documentation will best avoid undue delays in any application to CIC for entry into Canada  But, picking the fastest location through which to submit your application is really the key to happiness  Generally, you can submit applications to a Canadian visa office in your country of permanent residence or nationality – so you might have a choice on where to submit

 For some applicants, submission within Canada will be quicker; for others, overseas applications will be more speedy

Processing Delay Driven by Demand  Although Canadian overseas visa offices have differing levels of staff, staff levels aren’t proportionately increased to deal with all local demand, so countries where lots of people want to come to Canada (temporarily and especially permanently) wind up with huge waits  Among those places whose residents are less keen on coming to Canada, delays can be quite reasonable

Delays by Region (For Spousal Permanent Residence Sponsorship)

 Europe: 9 (Turkey best) to 16 (Russia worst) months  Latin America: 10 (Haiti best) to 29 (Venezuela worst) months  Africa and Middle East: 11 (Israel & Morocco best) to 34 (Kenya worst) months  Asia and Pacific: 9 (China best) to 29 (Pakistan worst)

Factors Most Likely to Delay Processing of Your Application  Family status history complicated (such as through divorce or adoption) – should verify in advance exactly which documents CIC prefers you provide, according to your country of residence  Medical history complicated (due to illness or disability) – should verify exactly which conditions CIC will and will not accept – or medical exam validity has expired after 12 months (must coordinate timing of exam with application delays to ensure exam valid at time it is reviewed by CIC)  Police checks incomplete or unclear – for example, Australians who have lived at any time in certain states will require state traffic violation checks in addition to federal police check

MAIN FACTORS LEADING TO INADMISSIBILITY OR DENIAL OF APPLICATION 

Criminality, health, security, financial reasons

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For criminality, you might be considered “rehabilitated” depending on the seriousness of the crime(s) and the amount of time which has passed since you completed your sentence – you should consult with CIC to see how the rules apply to you before making an application

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For health, you may be inadmissible if your condition would pose a danger to public health or safety, or cause excessive demands on health or social services in Canada – you must use a medical practitioner officially designated by CIC (not just any doctor) for an exam, and results are only valid for 12 months

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For financial reasons, you or your sponsor may need to demonstrate significant resources: for example, a Canadian resident family of two adults and two children, sponsoring one adult to come to Canada, would need a family gross income (before deductions) of approximately $55,000/year