Staying in the North: Residency Rules for Maintaining Canadian PR and Qualifying for Citizenship
Staying in the North: Residency Rules for Maintaining Canadian PR and Qualifying for Citizenship Posted onSeptember 30, 2023 ByNaseeb Kahlon InBlog Introduction Canada’s immigration journey is marked by key milestones, with Permanent Residency (PR) and Citizenship standing out as significant achievements. Yet, clients often find themselves tangled in the web of residency rules, blurring the lines between PR maintenance and citizenship eligibility. At first glance, it seems straightforward: a day in Canada is a day, whether you’re a PR holder or a citizenship aspirant. However, it’s the time spent abroad that confuses many. The most perplexing part is that different rules apply, and it’s unclear to many whether these days count toward PR status maintenance or citizenship application requirements. This blog post clarifies these distinctions, helping you navigate the intricacies of residency requirements for PR and citizenship. Let’s simplify the complexities of Canadian immigration, so you can plan your journey with confidence. Residency Obligation for Maintaining PR Status To maintain permanent residency in Canada, individuals must meet specific residency requirements, primarily centered around their physical presence within the country for a designated period. In particular, to maintain permanent resident status, individuals need to have spent a minimum of 730 days (equivalent to 2 years) within Canada during the last five years. It’s important to note that these 730 days do not need to be consecutive, and some time spent abroad may count toward fulfilling this requirement. For those who have held Canadian permanent residence for more than five years, the calculation of the residency obligation is based on the five years leading up to the date when an application is received by the visa office. However, if someone has been a Canadian permanent resident for less than five years, they may still be eligible to apply for a renewal of their permanent resident card or a Permanent Resident Travel Document (PRTD) if they can demonstrate the potential to accumulate the required 730 days of physical presence within the upcoming five-year period. In both scenarios, applicants will undergo an assessment by an immigration officer to determine whether they meet the residency requirement within the applicable five-year timeframe. Here’s how individuals can accumulate residency days to fulfill their PR status obligations: Inside Canada: By physically residing within the country. Outside Canada: Full-time employment with: *a Canadian business or organization, or * the Canadian federal, provincial, or territorial government Accompanying a spouse or common-law partner who is: *a Canadian citizen, or *a permanent resident working outside Canada, full-time for: * a Canadian business, or *the Canadian federal, provincial, or territorial government Accompanying a parent as a dependent child and traveling with your parent who is: *a Canadian citizen, or *a permanent resident working outside Canada, full-time for: *a Canadian business or *the Canadian federal, provincial, or territorial government As a permanent resident, you have the flexibility to travel outside Canada. However, it’s imperative to meet the specified residency obligations to maintain your PR status. Physical Presence Requirement When Applying for Citizenship When applying for Canadian citizenship, applicants must meet specific physical presence requirements, which vary depending on the date the application is received. For applications received on or after October 11, 2017, under paragraph 5(1)(c)(i) of the Act, the applicant must have accumulated at least 1,095 days (equivalent to 3 years) of physical presence in Canada within the five years immediately preceding the date they signed the application. Key points to understand about the physical presence requirement for Canadian citizenship: 1. Five-Year Calculation Period: The calculation of physical presence cannot extend beyond the five-year period before the date of the application. 2. Day Counting: Each day of physical presence in Canada as a permanent resident counts as one day toward the requirement. 3. Temporary Resident Days: Days spent in Canada as an authorized temporary resident or protected person before becoming a permanent resident also count, but as one-half day each, with a maximum of 365 days credit toward physical presence. Temporary resident status includes lawful authorization to enter or remain in Canada as a visitor, student, worker, or temporary resident permit holder. A protected person is someone who has been found to be in need of protection or a convention refugee by the Immigration and Refugee Board, or a person who received a positive decision on a Pre-Removal Risk Assessment from IRCC. 4. Leap Day Inclusion: February 29 (leap day) is counted in either presence or absence. 5. Absence Calculation: Absences are calculated only for days when an applicant spent no time at all in Canada. Days when an applicant left Canada and returned will not be counted as an absence because the applicant was physically present in Canada for a portion of both days. 6. Sentence Serving and Absences: Time spent serving a sentence and absences must be subtracted from the total number of days of physical presence during the five-year period. This would include the days the applicant has been under a probation order, been a paroled inmate, or served a term of imprisonment. 7. Time spent outside Canada: You can count time spent abroad toward the citizenship physical presence requirement if you were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or a provincial/territorial public service. Similarly, time spent outside Canada with your Canadian or permanent resident spouse, common-law partner, or parent who was employed in these roles also counts. Understanding these rules and requirements is essential when applying for Canadian citizenship and calculating physical presence. Meeting the physical presence criteria is a critical step on the path to becoming a Canadian citizen. Differences Between Residency Obligation for Maintaining PR Status and Physical Presence Requirement for Citizenship While both permanent residency (PR) and Canadian citizenship involve residency and physical presence requirements, there are distinct differences between the two. Understanding these disparities is crucial for individuals navigating the Canadian immigration system. Here, we highlight the key
11 Things to Know about Minor Students Studying in Canada
11 Things to Know about Minor Students Studying in Canada Posted onAugust 30, 2023 ByYulin Wang InBlog Introduction Canada has emerged as a favored destination for minor students seeking a world-class education, exceptional quality of life, and a welcoming environment. In this guide, we’ll address the key questions and provide valuable insights for parents considering Canada as their child’s educational destination. 1. Why is Canada a popular destination for minor students? Canada’s popularity as an educational hub for minor students stems from several factors: Quality of Life: Canada consistently ranks high in global quality of life indexes. Its safe and inclusive society, coupled with stunning natural landscapes, offers an ideal environment for young learners. Education Quality: Canadian institutions are renowned for their academic excellence and research contributions. The education system places a strong emphasis on critical thinking and practical learning. Open and Inclusive Immigration Policy: Canada’s immigration policies are designed to welcome skilled individuals and their families. Graduates have pathways to permanent residency, making Canada an attractive long-term option. Worldwide Recognition: Credentials earned in Canada are recognized globally, ensuring that students can compete on an international stage. 2. Can you give a brief introduction of the Canadian educational system for minors? Canada’s educational system for minors is structured as follows: Primary school generally runs from kindergarten or Grade 1 to Grade 7 while secondary school runs from Grades 8 to Grades 12 in most Canadian provinces and territories. Each province has its own education regulations, curriculum, and grading system. This diversity ensures that educational offerings are tailored to local needs. Parents can choose between public and private schools. Public schools are funded by the government and are generally more affordable, while private schools may offer specialized programs and smaller class sizes. The school year usually starts in September and ends in June, with breaks for holidays in between. 3. How much will it cost for a minor to study in Canada? Residents: Children of Canadian citizens, permanent residents, study permit and work permit holders can attend public schools for free. International Students: For international students, costs vary. Tuition fees for international students in public primary and secondary schools can range from $10,000 to $20,000 per year, depending on the province and school. Private schools charge tuitions to local students as well as international students. The fees for private schools can vary widely depending on their location, specialty, whether they are day schools or boarding schools. 4. How does the admission process look like for an international student? Public Schools: Admission requirements vary by province and school. Generally, a minor international student will need to provide ID and transcripts and make an application to the district school board. A request for a certain school in the district can be made, but a spot is not guaranteed. Private Schools: Private schools may have additional admission requirements. This may include a language proficiency test like IELTS, or an interview with the student and/ or the parents. Some schools charge an application fee as well. 5. How do I select the best school for my child? Choosing a school that best suits your child’s needs requires thoughtful consideration of various factors. Keep in mind that the “best” school is not necessarily the one with the highest rankings, but rather the one that offers an environment where your child can thrive academically, socially, and emotionally. Here are some key points to consider: Academic Programs: Look into the school’s curriculum and teaching methods. Does the school offer a range of subjects that align with your child’s interests and aspirations? Consider if the teaching approach, such as project-based learning or a more traditional method, suits your child’s learning style. Extracurricular Activities: A well-rounded education includes opportunities beyond the classroom. Investigate the extracurricular programs the school offers. These could include sports, arts, clubs, and community service. Choose a school that provides activities that resonate with your child’s passions and hobbies. Class Sizes and Teacher-Student Ratios: Smaller class sizes often facilitate better student-teacher interaction and personalized attention. This can be particularly beneficial for minor students adjusting to a new environment. Consider whether your child would thrive in a smaller, more focused setting or a larger classroom dynamic. Location: The school’s location can play a significant role in your child’s daily routine. Consider the commute, transportation options, and the overall accessibility of the school. Proximity to your place of residence and the availability of public transportation might influence your decision. Values and Culture: Every school has its own unique culture and values. Research the school’s mission statement and educational philosophy. Make sure these align with your family’s values and the type of learning environment you want for your child. Support Services: Schools that offer comprehensive support services can greatly benefit students, especially those transitioning to a new country. Look into services such as academic tutoring, counseling, and language support. These resources can contribute to your child’s academic success and emotional well-being. Parent-Teacher Communication: Effective communication between parents and teachers is vital. Research how the school facilitates parent-teacher interaction, such as parent-teacher conferences, regular updates, and online platforms. A school that values parental involvement can create a more collaborative and supportive learning environment. In the end, the “best” school is the one that is the most suitable match for your child’s unique qualities, needs, and aspirations. Take the time to visit schools, attend open houses, and engage with current students, parents, and teachers. Trust your instincts and involve your child in the decision-making process. By considering these factors, you can help ensure that your child’s educational experience in Canada is both fulfilling and enriching. 6. Can international students work in Canada? While some international students are permitted to work off campus without a work permit, most primary and secondary level students are generally not eligible to work. 7. How does the college admission look like if my child graduates from a Canadian secondary school? Admission to colleges and universities typically requires meeting language requirements (often IELTS or equivalent), achieving specific grade levels,
4 Things to Consider if you are Seeking Refugee or Asylum Status in Canada
4 Things to Consider if you are Seeking Refugee or Asylum Status in Canada Posted onAugust 30, 2023 ByBrittany Berge InBlog 1. Who can obtain refugee status in Canada? In 2022, the Government of Canada accepted over 28,000 asylum seekers, giving them status in Canada as “convention refugees” or “protected persons”. In Canada, the Immigration Refugee Board determines who is a convention refugee or person in need of protection, based on a specific set of criteria. To be a convention refugee, an individual must be outside of their home country and have a well-founded fear of persecution based on race, religion, political opinion, nationality or membership in a particular social group. To be a person in need of protection, an individual must be a person in Canada who would be subjected personally to a danger of torture, risk to their life, or a cruel and unusual treatment or punishment if they were returned to their home country. An individual can make a claim for refugee status at a port-of-entry (such as a border crossing, airport, etc.) or after they have already entered Canada. 2. Can a refugee claimant access any social services? Besides meeting the criteria as either a convention refugee or a person in need of protection, an individual must be found eligible to make a claim for refugee status. Eligibility factors that are considered include: a. whether the claimant has committed a serious crime, b. made a previous claim in Canada, c. made a claim in another country, d. or received a protection in another country. Although the refugee claim process can take several months or even years, once an individual is found eligible to make a claim for refugee status in Canada and while their claim is pending, they may have access to services such as social assistance, education, health services, and legal aid. In addition, once an individual has undergone the required medical examination, most individuals can apply for a work permit to begin working in Canada while their claim is pending. 3. What if I was in the United States prior to entering Canada? Canada has an agreement with the United States, the Safe Third Country Agreement (STCA), which requires refugee claimants to seek protection in the first safe country they arrive in. For the purposes of this agreement, both Canada and the United States are considered “safe countries”. The terms of this agreement apply to all individuals who are making a refugee claim at a land port of entry or who enter Canada between ports of entry and make a claim within 14 days of entry. This agreement does not apply to those who arrive by sea or by airport. There are several exceptions for those who would typically be barred by making a refugee claim in Canada due to the STCA. These exceptions include refugee claimants who have family in Canada, unaccompanied minors under 18, individuals holding a valid Canadian travel document, and those who have been charged or convicted of an offence that could subject them to the death penalty in the US. 4. How can a lawyer help me with my claim? The process of claiming refugee status in Canada is complex as there are very specific requirements that must be met for a person to obtain status as a refugee or protected person. It is essential that a refugee claimant submits a complete and detailed application that meets all the required criteria, as an individual only has one chance at making a successful refugee claim. A failed refugee claim will lead to a removal order and will prevent you from staying in Canada. In the case of a failed refugee claim, you may be able to make an application for a temporary resident permit, or a pre-removal risk assessment. However, these options will not be available until 12 months has passed since your failed claim. At Sierra Immigration Alliance, our Refugee or Asylum lawyers can assist you in making your refugee claim, including preparing your claim, gathering supporting evidence and representing you at your hearing. Leave a Reply Cancel reply Logged in as Yulin Wang. Edit your profile. Log out? Required fields are marked * Message*
Canada Is Attracting Foreign Tech Workers
Canada Is Attracting Foreign Tech Workers Posted onOctober 30, 2022 ByNaseeb Kahlon InBlog It’s no surprise to hear that BC has been going through a labour shortage the last 5 years and this situation has only been amplified in the last couple of years by the Covid-19 situation. The province has not only been attracting tech employers like Amazon and Microsoft but is also a hub for its own tech-based companies like Hootsuite, Slack and EA Games, which have only continued to grow. Thus, it’s never been a better time for tech talent to immigrate to Canada especially with provincial programs like the BCPNP Tech program, which facilitates and prioritizes applications of foreign nationals working in the industry in BC, whether they are continuing to work in these positions or have received a new job offer from a tech company in BC. Through the BCPNP tech program tech professionals are nominated for permanent residency. Once nominated they are also supported for a work permit. This is a great option for tech professionals that either need a brand-new work permit or need to extend their work permit, while they wait to get approved for permanent residency. In addition, tech professionals will have the added assurance of obtaining permanent residency right away, giving them a concrete plan to settle in BC. Sierra Immigration Alliance has been assisting BC tech employers and foreign tech professionals with their BCPNP applications, work permit and permanent residency applications since the BCPNP tech program opened in 2017. Contact Sierra Immigration Alliance’s immigration lawyers specializing in working with tech companies and tech workers in every industry whether it be in IT, ecommerce, health tech, AI, NFTs, software, crypto, hardware, social media, etc. Leave a Reply Cancel reply Logged in as Yulin Wang. Edit your profile. Log out? Required fields are marked * Message*
Occupations that are Eligible for the BCPNP Tech Program
Occupations that are Eligible for the BCPNP Tech Program Posted onJanuary 30, 2022 ByNaseeb Kahlon InBlog The National Occupational Classification or NOC is Canada’s national system for describing occupations. The below NOCs are eligible for the BCPNP tech program. As a BC employer, if any of your employees fall into any of the below NOCs, they are eligible to be nominated for permanent residency by the province as well as get a new work permit or extend their current work permit. If you are a foreign national that works in any of the below NOCs for a BC employer, you are eligible to be nominated for permanent residency and can obtain a work permit or can extend your current one. Contact Sierra Immigration Alliance today to apply for the BCPNP tech program. BC PNP Tech Occupations 10030 Telecommunication carriers managers 20012 Computer and information systems managers 21100 Physicists and astronomers 21210 Mathematicians, statisticians and actuaries 21211 Data scientists 21220 Cybersecurity specialists 21221 Business systems specialists 21222 Information systems specialists 21223 Database analysts and data administrators 21230 Computer systems developers and programmers 21232 Software developers and programmers 21233 Web designers 21234 Web developers and programmers 21300 Civil engineers 21301 Mechanical engineers 21310 Electrical and electronics engineers 21311 Computer engineers (except software engineers and designers) 21320 Chemical engineers 21399 Other professional engineers 22110 Biological technologists and technicians 22220 Computer network and web technicians 22221 User support technicians 22222 Information systems testing technicians 22310 Electrical and electronics engineering technologists and technicians 22312 Industrial instrument technicians and mechanics 50011 Managers – publishing, motion pictures, broadcasting and performing arts 51111 Authors and writers (except technical) 51112 Technical writers 51120 Producers, directors, choreographers and related occupations 52119 Other technical and coordinating occupations in motion pictures, broadcasting and the performing arts 52112 Broadcast technicians 52113 Audio and video recording technicians 52120 Graphic designers and illustrators 53111 Motion pictures, broadcasting, photography and performing arts assistants and operators Leave a Reply Cancel reply Logged in as Yulin Wang. Edit your profile. Log out? Required fields are marked * Message*