SPONSORSHIP UNDER THE FAMILY CLASS
The provisions of the Immigration and Refugee Protection Act (IRPA) and its regulations (Immigration and Refugee Protection Regulations) enable Canadian citizens and/or permanent residents to sponsor their spouse, common-law and/or conjugal partners, dependent children, and in limited circumstances their parents and grandparents, as well as other relatives. Each sub-category of the family class has specific processing requirements and definitions. We have practiced in all aspects of the family class, some of which are highlighted below.
The Spouse or Common-law Partner Sponsorship
Canadian citizens and permanent residents have the right to apply to sponsor a spouse or a common-law partner for a Canadian permanent resident visa or status. For a sponsorship application to be approved and for a visa or status to be issued, specific eligibility and admissibility requirements must be met. A migration officer decides whether to grant a visa or a status to a sponsored spouse. It does not mean every sponsored spouse or partner receives a permanent resident visa or status. One often-cited reason for inadmissibility is that a reviewing officer believes that the marriage or partner relationship is not genuine or that the relationship was entered for the primary purpose of facilitating an applicant’s entry to Canada. To minimize the chances of visa refusal under such or other grounds, it is imperative that an application package be supported by credible documentation. If you need our professional help to sponsor your spouse or common-law partner, please send a brief message through the contact us section on this website to receive an assessment form.
Dependent Children category
Children who are under the age of 22, and are unmarried, can be sponsored by a parent who is a permanent resident or citizen of Canada. To receive a visa through this immigration category, the sponsor and the sponsored person will be required to prove their relationship to one another and meet other admissibility requirements. If you need our help to sponsor your dependent child, please send a brief message through the contact us section on this website to receive an assessment form.
Orphaned relative
The regulations pertaining to the family class enable Canadian citizens or permanent residents to sponsor their siblings, nephews or nieces, to become permanent residents of Canada under the orphaned relative category provided that the relative is under the age of 18 and provided that the sponsor meets minimum income requirements and other sponsorship eligibility requirements. To be considered an orphan, the applicant must provide proof that both parents are deceased. If you need our help to sponsor your orphaned relative, please send a brief message through the contact us section on this website to receive an assessment form.
Other relatives category - for the lonely Canadian
Canadian citizens and permanent residents who have no child and are not in a marriage or common-law relationship can sponsor any other relative provided the sponsor has no other sponsorable relatives such as parents or grandparents or orphaned brother, sister, nephew, niece, or grandchild. In addition, to meet the requirements of this category, the sponsor must not have any relatives (including aunts or uncles or any of the relatives listed herein) in Canada who are either Canadian citizens or permanent residents. Where this highly restricted sub-category applies to your situation, feel free to contact us.ن
REFUGEE SPONSORSHIP
Under Canada’s humanitarian resettlement program, refugees outside Canada can become permanent residents through a private sponsorship of refugees (abbreviated as ‘PSR’) program or as government-assisted refugees (GARS) and to some small extent through a blended program visa-office referred program. Under the private refugee sponsorship programs, sponsors act as guarantors that the necessary settlement support will be provided for the initial 12 months or until the refugee becomes self-supporting, whichever comes first. Canada is a pioneer of designing regulations to privately sponsor refugees, and we have specialist expertise in this unique program. Our firm assists sponsors and refugee applicants chiefly through the groups of five and community sponsorship streams.
A Groups of Five Sponsorship
This type of private refugee sponsorship is an undertaking by five or more Canadian citizens or permanent residents who enter into a contractual agreement with the government of Canada to sponsor a refugee or groups of refugees for a resettlement to Canada. To be eligible for sponsorship under this program, the principal refugee applicant must already have received refugee status recognition by the foreign state or the UNHCR. Asylum seekers are not eligible for processing under this program. Part of the process involves completing the prescribed departmental forms wherein the sponsors show a satisfactory settlement plan appropriate for the family size of the sponsored refugee. The groups of five members can fund-raise or commit contributions from their personal income to show capacity to provide the required financial support to the sponsored refugee(s). The required forms may seem easy, but the evolving documentation and processing requirements demand the highest level of attention to detail and professional skill. If you would like to sponsor a refugee under this program, please send a brief message through the contact us section on this website to receive an assessment form.
A Community Sponsorship
This stream refers to a sponsorship application by a legal entity (an incorporated or unincorporated business or association). The organization must have the financial and settlement capacity to fulfill the sponsorship undertaking and must be in the community where the refugee is expected to settle. Community sponsors must also provide evidence of settlement capability as well as provide emotional and social support to the sponsored refugee(s) and commit to supporting the sponsored refugees for the period of the sponsorship undertaking. Like the groups of five program, to be eligible for sponsorship under this program, the principal refugee applicant must already have received refugee status recognition by the foreign state or the UNHCR. If your company or association needs our professional help to sponsor a refugee under this program, please send a brief message through the contact us section on this website to receive an assessment form.
An application to resettle a privately sponsored refugee consists of a sponsorship portion and a refugee portion and the full package must be submitted to a Canadian Immigration department called the Resettlement Operations Centre, currently located in Ottawa. An officer at this branch of the Immigration department first makes a completeness assessment on both portions and thereafter decides the eligibility of the sponsors and the adequacy of the settlement plan. An approved sponsorship application gets forwarded to an overseas visa office for assessment of the refugee part by a migration officer who may convoke the applicant for an interview. There are also visa offices that complete file assessment without convoking applicants for an interview. This happens mostly when the migration officer is satisfied that the information presented in the various application forms is satisfactory to meet the requirements of the Act and its regulations. This underscores the value of an assistance received from an experienced professional to thoroughly and truthfully complete application packages.
Sponsorship through a Sponsorship Agreement Holder (SAH)
A Sponsorship Agreement Holder (SAH) is an organization (often a faith-based or community-based) that has a relationship with Immigration, Refugees and Citizenship Canada to privately sponsor refugees. If you are looking to be sponsored through a Sponsorship Agreement Holders we can assist you to prepare your Canada Immigration forms under the overseas refugee class, but finding a SAH sponsor is the responsibility of the client.
VISITORS AND TEMPORARY RESIDENT CLASS
Millions of people come to Canada as visitors, international students, and temporary foreign workers. Our firm is well positioned to help individuals from all over the world in the process of making the necessary application to obtain the necessary authorization to visit, study, or work.
Supervisa for parents and grandparents
The sponsorship of parents and grandparents for permanent resident status is often in a state of flux and the government of Canada often limits the number of new applications that can be received for processing in each year. However, qualifying Canadian citizens or permanent residents can invite their parents under the super visa program. Provided the sponsor meets the minimum income requirement, a super visa is a relatively faster way of reuniting with loved parents. A parent who is approved for a visitor visa under this program would typically receive a multiple entry visa valid for a maximum of the validity of the passport or ten years, whichever comes first. On arrival in Canada, the parents get a visitor record that allows them to stay for up to two consecutive years, which can also be extended by making an application for extension of stay as visitor. If you wish to invite your parents under the super visa program, please send a brief message through the contact us section on this website to receive an assessment form.
Work Permits
To apply for a work permit, applicants generally require a job offer backed by a positive Labour Market Impact Assessment (LMIA) confirming that the employer is unable to find a qualified Canadian citizen or permanent resident to fill the position. Our firm does not assist foreigners in finding an employer who can do a LMIA application, but we can assist those who already have a positive LMIA or are exempted from the LMIA requirement. If your company needs a LMIA application, we do provide a cost-free referral service to colleagues in the immigration law practice
Study Permits
By pursuing their study in Canada, foreign nationals benefit from an enriching cross-cultural experience and the opportunity to gain valuable Canadian work experience through the post-graduate work permit program. Acceptance at a designated Canadian educational institution is the first step in applying for a study permit. Additionally, the applicant must prove he or she has sufficient funds to cover tuition and living expenses. A graduating foreign student can apply to obtain a work permit, the validity of which varies from one to three years depending on the length of their studies in Canada. With a subsequently gained work experience, a foreign national can be eligible to apply for permanent residence under the Canadian Experience Class or other economic classes of migration.
Whether you are interested in staying in Canada for a temporary period or hope to make the transition to permanent resident status, our firm can assist you in identifying your options and providing you with the necessary guidance throughout the application process.
ECONOMIC CLASSES
Economic classes refer to persons who may become permanent residents based on their ability to become economically established in Canada. There are multiple classes under this category, such as:
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Federal skilled workers (FSW)
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Canadian experience class (CEC)
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Federal skilled trades (FST)
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Provincial nominees
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Start-up business class
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Investors
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Entrepreneurs and self-employed persons Class
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Atlantic Immigration Program (AIP)
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Caregiver classes
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Rural and Northern Immigration Pilot Program
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Agri-Food Pilot (AFP)
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Temporary Resident to Permanent Resident Pathway
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Economic Mobility Pathways Pilot
Our vision is to be more involved in the Economic classes. Currently, we are practicing in the sub-categories of Federal skilled worker (FSW), Canadian Experience class (CEC), Federal Skilled Trade (FST), and Provincial Nominee Program (PNP). These classes are managed through Express Entry System.
The eligibility for permanent residence is based on the most score on the following Human Capital Factors:
• Age
• Language ability in English/French
• Education
• Work Experience
• Canadian Education/work experience
• Job offers
• Adaptability
Federal Skilled Worker (FSW)
To be eligible for FSW, candidates need to score at least 67 points out of 100 in the skilled worker selection grid to qualify for admission to the Express Entry pool as a Federal Skilled Worker, which allocates points for education, work experience, language skill, age, arranged employment in Canada, and adaptability. To meet the eligibility requirements, you need to have at least one year of experience at skill type 0, A or B in the NOC, meet the required education level, score a minimum of CLB 7 in all language abilities (English/French), prove your settlement fund and be admissible to Canada. Having met the above-mentioned criteria is the first step toward your application success. Should you need our professional guidance to create your profile or submit your application after you get invited, please contact us.
Federal Skilled Trade (FST)
Having work experience and much-needed skills can help you immigrate to Canada under (FST) class. Unlike FSW, FST applicants are not assessed on a point system. To be eligible, you must have at least two years of experience in the past five years in the eligible occupation categories, have a valid job offer from a Canadian business or a certificate of qualification in the skilled trade issued by a Canadian provincial or territorial authority, meet the minimum score of Canadian Language Benchmark (CLB) 5 for speaking and listening and 4 for reading and writing and meet other admissibility requirements for immigration to Canada.
Canadian Experience Class (CEC)
If you are a skilled worker, have Canadian work experience, and want to become a permanent resident, this program is for you. It is ideal for students and foreign workers who acquired Canadian work experience and proper study authorization and maintained temporary resident status during their qualifying period of work experience in Canada. To qualify for this program, you need to have at least one year of skilled work experience in Canada within the last three years, score a minimum CLB 7 for NOC 0 and A, and CLB 5 for NOC B and meet other admissibility requirements for immigration to Canada. Contact us to make a proper assessment of your chance of obtaining permanent residency through the Express Entry programs.
Provincial Nominee Program (PNP)
This program is operated under a shared jurisdiction between IRCC and the provinces and territories at both federal and provincial levels. It is used by provinces and territories to fill the skill shortage by targeting certain groups based on their needs. Therefore, each province and territory have its own streams and different criteria. Interested applicants must follow the instructions available on the website of each province. It is important to know the occupational demand to increase the chances of being nominated.
TRIBUNAL WORK - IMMIGRATION & REFUGEE BOARD OF CANADA (IRB)
The Immigration and Refugee Board of Canada (IRB) through its four divisions meets its mandate of adjudicating immigration and refugee law matters. Since the inception of our practice, Tewolde Yohannes has provided effective representation to refugee claimants and immigration appellants such as spousal sponsorship appeal matters.
Making refugee claims in Canada
Foreigners who arrive in Canada and who have a well-founded fear of persecution (violence or oppression) in their home country due to their race, religion, nationality, political opinion, or their membership in a particular social group, can seek the protection of Canada by making a refugee claim at any port of entry or at an IRCC in-land office. Canada also offers protection to persons in need of protection if they can establish that they face a risk to their life or a risk of torture, cruel and unusual treatment, or punishment upon return to their country of origin. The Refugee Protection Division (RPD) hears and decides claims for refugee protection made in Canada in accordance with the international Geneva Convention, as implemented through the Immigration and Refugee Protection Act. Refugee claimants who receive a positive decision are called protected persons and persons with such status can apply for Canadian permanent resident status. In most cases, refugee claims that are refused by the RPD can be appealed to the Refugee Appeal Division (RAD) and the RAD may decide to confirm or to change the RPD’s decision.
Immigration appeals
The Immigration Appeal Division (IAD) has jurisdiction to hear appeals on immigration-related matters, such as:
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Appeals of family class sponsorship applications refused by IRCC officials at Canadian Embassies.
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Appeals of removal orders made against permanent residents, protected persons, and holders of permanent resident visas.
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Appeals by permanent residents who have been found by an IRCC official outside of Canada not to have fulfilled their residency obligation.
A sponsor under the family class can appeal a refusal to grant a permanent resident visa to a sponsored family member by filing a notice to appeal within 30 days of receiving the decision from a visa office. The hearing before the IAD is an adversarial process where the Minister's counsel is often present to cross-examine the appellant and to make arguments against the appellant’s case. An IRB member who has the authority to decide on the appeal matter by weighing the oral testimonies and documentary evidence can also ask questions at any time during the hearing process.
CITIZENSHIP
Canadian Citizenship – Grants
Permanent residents of Canada have rights to work, study, and access to healthcare and other benefits almost on equal footing as Canadian citizens. However, such rights can be taken away in certain circumstances, such as in instances where there is proof of misrepresentation in obtaining permanent resident status, conviction of a serious criminal offense, or not meeting the residency requirement. Acquiring Canadian citizenship, on the other hand, offers virtual immunity from removal from Canada, except where permanent resident status was obtained by false representation or fraud. Citizenship also offers voting rights, greater ability to travel, and eligibility for certain benefits.
Permanent residents are eligible for Canadian citizenship once they meet the residency and language requirements and pass the citizenship test. Our firm can assist you in satisfying the decision-maker that you meet the requirements for the grant of Canadian citizenship.
Section 25(1) of the Immigration and Refugee Protection Act (IRPA) allows foreign nationals who are inadmissible or who are ineligible to apply in an immigration class to apply for permanent residence, or for an exemption from a requirement of the Act. Humanitarian and Compassionate (H&C) considerations application is an exceptional remedy. Considering the hardship faced by the applicant and/or considering the best interests of children affected by the outcome of an application, an officer may grant permanent resident status. In-depth knowledge of the processing requirements, the guiding principles, and up-to-date knowledge of persuasive case laws is necessary to maximize the chances of a positive decision.