IamA Canadian Immigration Lawyer AMA!

I'm surprised by the lack of comments and hope you're still there.

1. Have you noticed any changes in the process/requirements in the past decade?

2. Often people say that we have many rich immigrants (esp. Chinese, Indian, and Iranian), do you agree?

3. Is there anything you'd like to change with the coming election?

1. The last nine (Conservative Party) years have brought massive changes to Immigration, Refugee/Asylum, & Citizenship law in Canada. The general theme of the changes has been a focus on enforcement, the limitation of appeal rights, restrictions on access, and a decrease in procedural fairness.

2. It depends what you mean by 'many' there are some, but they are a small minority.

3. I'd like a new government with the coming election, as a lawyer and as a Canadian who cares about justice.

Let's say, hypothetically of course, that I am a space alien from another galaxy. I am generally humanoid but quite noticeably different. What hurdles would there be for me to become a Canadian citizen? Are there even any option in place for this type of scenario?

It depends, only 'persons' are eligible to apply. I'd fight that battle first.

What, if any, effect does bill C-24 have on your practice and what does it entail for naturalized citizens in your (expert?) opinion? Also, I enjoyed that disclaimer at the end of your write up..

C-24 hasn't had much impact on my practice yet and I think that the impact on naturalized citizens will be minimal. The real impact will be felt by immigrants applying to become citizens. The idea behind the legislation is to make the process of becoming a citizen more challenging and I expect Canada's naturalization rate to drop.

I understand the DUI laws are much more strict in Canada. Some buddies of mine want to visit Windsor for a bachelor party next month but one got a DUI 4 years ago. He says he can't enter Canada for 10 years. Possibly after 5 but has to apply for rehabilitation or something?

Right - Canada treats impaired driving very seriously. He will be eligible to apply for the Minister's Approval of Rehabilitation after 5 years has elapsed from the expiry of his sentence. In some cases, he will be 'deemed' to be rehabilitated after 10 years have passed.

In the interim, he can apply for a Temporary Residence Permit [TRP] in order to enter Canada prior to his eligibility date. This is a discretionary form of relief for someone who is inadmissible to Canada but it may be issued in your friend's case.

I am not planning on immigrating to Canada anytime soon, I am in the United States and like it here. I've been to Canada numerous times though, I love everything except the fact I have to buy booze at a government run shop, and cigarettes are outrageously priced. I just mostly wanted to say this is some of the most informative and helpful information I've ever seen on an AMA and thanks for doing this AMA.

I am supposed to ask a question..... So my question is this, why is it so difficult to got from US to Canada but seems as though it would be easier to go from Canada to the US? Don't both country have similar skill sets, and people that either want to immigrate here, or immigrate to there? Couldn't they just exchange people of equal skills and abilities and not have all this legal tape. Honestly, other then healthcare, I don't know that someone immigrating from one place to another would cost either country anymore then they are already spending. I am probably naive, I mostly wanted to compliment you on a great AMA.

Thanks, I'm glad the information is useful.

As far as the differences between the two systems are concerned, to some extend your thoughts are reflected in NAFTA which permits fairly free movement of labour (mostly professionals) between Canada, the US & Mexico, so there's that.

The better answer though is that the Canadian & US governments are in competition for the best & brightest immigrants (with other countries like Australia & the UK) and the differences in their systems reflect political decisions (and sometimes realities) designed to 'win' the best new Canadians.

Is it true that if you have a DUI or had been arrested for one (but not convicted) in the states you cannot enter Canada anymore?

It's true that you are likely to be inadmissible. That being said, there are ways to overcome inadmissibility, such as a Temporary Resident Permit or the Minister's approval of Rehabilitation.

What are your thoughts on Bill C-24 going into effect? I am a Canadian living in the US, and the fact that I could lose my Canadian citizenship if I were to one day become an American citizen really scares me.

Don't worry. That won't cause you to lose your citizenship. Unless you commit treason, but then you probably have bigger problems.

Long story short: I'm Brazilian, 23, Computer Science graduate, soon-to-be married with another Brazilian. I've heard that it's pretty easy to someone in my situation to immigrate to Canada, due to my age and degree. Any advices on that? Like, what are the first steps to go through the process?

In addition to your age & degree you will also need work experience in your field. If you have that you should think about getting your academic credentials assessed to ensure that they equivilate to a Canadian degree & take an English test. Then you'll have a better sense of your prospects.

If i decide today that i want to up and move to the great state of Canada (da da da), on average, how much time would I need to finalize legal preparations, and what hoops must I jump through?

"Btw, Male, 25, BS in Law, no kids, no wife, no debt. (European)"

Also, what things might greatly improve my chances?

If you are eligible (a big if these days) to process could take as little as 8-10 months. What you need in order to greatly increase your chances is a permanent job offer in a position the the Cdn government has decided is sufficiently in demand that your hiring will not take that opportunity away from a qualified Canadian.

Hi Joel,

My mother was born in Canada in 1946, so I think before people were born as citizens. But then she became a citizen along with everyone else. I was born in the USA. I was told that Canada would regard me as a citizen because I have a Canadian parent born in Canada, but that this would not pass on to my children unless they independently establish citizenship by residency etc since I wasn't born there.

Can you help me understand the facts of the matter?

That's true, unless your children were born April 17, 2009. Citizenship Canada has a online useful "Am I A Canadian Citizen Tool" to determine if you have a claim to citizenship. Check it out here: http://bit.ly/1It0NyY

Hi! I really hope you're still here and answering questions, sorry if this has already been asked too.

I'm 21 and studying for an English literature bachelors degree in England, and I also have GCSE and A-level qualifications. How likely is it that I could move to Canada? Would my qualifications count over there?

I really love your country and I want to move there one day for good! What would I have to do to be eligible to move?

Thank you so much for this AMA.

It is probably too early in your life/career to qualify as a PR but I'd suggest that you apply for a work visa under the International Experience Class [IEC]. It's a great program that will allow you to live and work here for a couple of years and may eventually lead to permanent resident status.

One word of warning though, the cap is reaching very quickly every year so you have to act fast to secure a spot in the program. A link is below: http://bit.ly/1ICikYl

I've heard many times from various sources that my town of Thompson, MB is one of if not the easiest place to immigrate into Canada because it's a mining town. What makes a location easier or harder to immigrate to?

In the past, the Canadian government has taken the position that natural resource extraction is one of the occupations that is in greatest demand in Canada, so the old 'points' system was weighted in favour of people who worked in that type of industry, ie. geologists.

Generally though, a smaller community with a big employer that is hiring is easier to get either a work visa or an immigrant visa for.

Thanks for the response. A few follow up questions if I may... Is this "points" system still in effect? How is it weighted in regards to where a person is emigrating from and where they are immigrating to? The mine in my area has had a hiring freeze for a while, are they under obligation to notify the gov't to affect the immigration weight?

There is a new system, Express Entry which utilizes points assigned based upon an applicant's age, education, etc.

Employers aren't required to notify gov't of hiring freezes, but they are required to advise the gov't of layoffs in the event that they attempt to bring in foreign workers before first attempting to hire back their former employees.

A few years ago, it was possible for a person with a Canadian grandparent to get recognized as a citizen. Then it became direct parent. My grandparent was born and raised in Canada, but my direct parent was not. I've asked my parent to get citizenship. If that parent does, would I then be easily eligible?

Also, there was a recent article that people with dual citizenship are having their Canadian citizenships canceled. Is this now policy?

Multiple nationalities are permitted & have been for some time. The changes you may have read about relate only to people who have been convicted of treason (a very small group),

The short answer about your citizenship is that yes, you will likely be eligible for Canadian citizenship - there are a number of variables such are your date of birth, etc. but I'd be happy to discuss them with you if you are interested in obtaining proof of Canadian citizenship.

UK redditor here, one of my family members is a nonviolent sex offender (also nothing to do with kids), before he was convicted we used to ski in Whistler every year... once he gets released, can he ever enter canada again?

Also, have you ever thought about moving to my fine country and opening a sandal shop?

I feel a sandal shop might be a little too on the nose, no?

With respect to your relative, the answer is 'maybe.' A person is inadmissible to Canada if they have been convicted of an offence in a foreign jurisdiction which is the equivalent of an offence under the criminal code of Canada or another act of Parliament. I would have to speak to your relative about his actual conviction in the UK and determine whether it would also be an offence had the conduct occurred in Canada.

I'd suggest that you or your relative contact me and provide me with a copy of the court materials relating to the conviction so that we can review this matter in greater detail.

If he is inadmissible, he will be eligible to apply for the Minister's Approval of Rehabilitation after 5 years has elapsed from the expiry of his sentence. In some cases, he will be 'deemed' to be rehabilitated after 10 years have passed.

In the interim, he can apply for a Temporary Residence Permit [TRP] in order to enter Canada prior to his eligibility date. This is a discretionary form of relief for someone who is inadmissible to Canada but it may be issued in your friend's case.

It should probably be noted that I lazily cut & pasted that last part from one of my earlier responses.

I have been waiting for an invitation to apply to the Skilled Worker Program through Express Entry. I have been doing it on my own but have recently started considering hiring an Immigration Lawyer. Can you convince me to go ahead and do it? Could I meet with you and have you evaluate my case and tell me if I have a shot?

I'd be happy to meet with you and discuss your application. How long ago did you upload your profile? Should you be invited to apply I would absolutely recommend hiring a lawyer to see the process through, as much as Immigration insists that a lawyer is not required (legally that's true) in my experience there is a real benefit to hiring one if only to review your application prior to submission..

I'm very interested in leaving the US and moving to Canada. I'm one year away from earning a bachelors degree in Industrial Engineering. Is that enough to make it in to Canada? I know to work in the US it's an absolute nightmare to prove you're of "value" to the country, but does Canada work the same way? Would I need to find a company willing to hire me up there first, or does all of the immigration paperwork need to be taken care of before they'd consider hiring me?

The Canadian process, requiring that your prospective employer first obtain a Labour Market Impact Assessment [LMIA] is similar to the US and in some respects harder. As a professional, you may be exempted from this requirement under NAFTA.

As a recent graduate though, I'd suggest you check out the student work abroad program @ www.swap.ca to see if you are eligible to work here. From that point on, your options open up considerably.

Also, attending grad school in Ontario is also a good pathway to permanent status.

What is the average wait time for someone who is applying for pr through common law and the spouse as been approved? How long until the applicants approval normally comes through? Also what exactly are they looking at to get that approval? To clarify, my work visa has come through and she has been approved, waiting on the last step.

If you're applying via the In-Canada Class - it may be a while. I'd guess about a year after you receive first stage approval & approximately 1.5 to 2.5 years in total.

I heard that there is an avenue to achieve Canadian citizenship by studying a PhD at a Canadian university. As a UK citizen who is currently studying an undergraduate degree, but would like to emigrate to Canada one day, what would be the general process to achieving citizenship through this manner?

Also, my wife has a chronic illness that limits her mobility (Rheumatoid Arthritis). Would this be likely to hamper any attempts of emigration to Canada for us?

The Ontario PNP program includes a category of people with masters degrees from Ontario Universities. a link to the program is here: http://bit.ly/1B09zVA

Your wife's condition may render her (and you) inadmissible to Canada if an immigration officer forms the opinion that her admission to Canada would case a greater than average drain on Canada's health or social service system. I would suggest seeking out advice on this issue prior to embarking on an immigration process from which you might ultimately be excluded.

If you like, you can call my direct line at 416-862-9820 and my assistant Mini will set up a meeting for us. Please mention that you saw the AMA on Reddit and there won't be a consultation fee.

My friend who is an American citizen went to Toronto to visit family last month. She was deported back to the US because she claimed the Canadien customs agents at the airport said she didn't disclose on the customs form about an infraction she got in the US she got 4 years ago for petty theft. Is this possible? She is slightly mentally impaired from a stoke she suffered a year ago so I think she didn't fully understand the reason the agents sent her back.

It's possible. I'd be happy to speak to her or a relative to determine whether she actually is inadmissible or if an error was made.

If she is inadmissible, she may eligible to apply for the Minister's approval of Rehabilitation soon or a temporary residence permit to overcome her inadmissibility in the interim.

My number is 416-862-9820.

I live in the U.S and me and my brother want to travel into Canada but he has a DUI on his record that happened 3 years ago, supposedly its not on his record anymore because he was 18 at the time. Can he get into canada?

My guess is no. At least not easily.

If he was an adult at the time of the offence (18 is the age of majority here) and the offence is only three years old he will likely require a TRP to enter Canada. It's definitely doable, though.

I used to be responsible for all of our Canadian field offices and had to travel quite a bit 10+ years ago. I was always told to tell immigration that I was there for business meetings and never mention actually working. That didn't work out quite well, I was dragged into a room and questioned for hours and was told I needed a work permit. I got it without a problem and had it renewed once.

Fast forward to today and I haven't been to Canada in probably 10 years. I'd love to visit Quebec City for vacation. Since I had a work permit twice, what do you think my chances are of getting through without hassle for an actual vacation?

It's always difficult to predict what will happen at a port of entry (as you know from experience), but if I were gambling, I would bet that you'll be fine.

I'm a Canadian whom moved to the states in 2004 going from student visa to OPT visa to H1B to now a green card. If I decide to gain American citizenship what's the best process to keep my Canadian citizenship?

Been on the green card for just under a year now, and may become married within 2-4 years if that opens up any different possibilities.

Thanks for your time.

Unfortunately I'm not an American attorney, but if you call my office @ 416-862-9820 I'll be happy to refer you to one.

Hope you're still checking the thread. My girlfriend is from Serbia and is currently employed at Dalhousie university as a post-doc for the next 8 9 months. She does not have a job offer afterwards however she scored 22\24 in English language, has two master degrees and a PhD from the University College of London in Mechanical Engineering and meets the minimum requirement to apply for her PR card. Should she proceed with her application or should she wait until she has a job offer?

Thanks!

I'm not really sure. I'd really need to talk to her to give you a proper assessment. If she calls me, I won't charge a consultation fee.

I have a friend who had his refugee application refused in Canada and had to go back to his home country. What are other options for him to be able to immigrate back to Canada? I know he did foundation work for many years here for a construction company who seemed to want to help him out to be able to stay or immigrate back. Would this be an option?

It possibly would be an option, but if he left Canada under a removal order he would also need to obtain the minister's authorization to return to Canada [ARC] in order to come back. This is an application for discretionary relief and it can cause significant delay and ultimately denial of a person's application to return to Canada.

If he has an offer to return, call me and we can discuss his future prospects in greater detail.

Will the investor immigrant program ever come back?

The U.S. program is up for renewal and they appear to be tying the dollar amount to inflation.

It's back and it's not great. http://bit.ly/1FOU1j6

For my money, the Quebec program is still the best.

My sister is moving to the U.S. (from Canada) in a few months (assuming she gets approved and all that jazz) to live with and marry her fiance. The original plan for the wedding was to have it back here in Canada but unfortunately her fiance has a criminal record and cannot cross the border. Is it possible for the Temporary Residence Permit that you have mentioned in a few other responses to apply to him in this situation? Unfortunately I do not know what his record is for, but it was something much more serious than a petty theft (he did 5 years...). The majority of my family is quite unhappy that the wedding will not be here and don't understand why it's not possible. She hasn't really told anyone about his record. If this is at all possible I would appreciate any relevant details! Thanks!!

The short answer is that it is possible for him to obtain a temporary resident permit. However, a temporary resident permit is a discretionary form of relief.

The seriousness of the criminal offense that causes is in admissibility to Canada is a relevant factor for an officer to take into consideration when deciding whether to grant a permit. I'd really have to spend some time with your future brother-in-law on the phone in order to discuss his history before I can provide any meaningful opinion about his prospects of coming to Canada for the wedding or other family events.

If you like, you can call my direct line at 416-862-9820 and my assistant Mini will set up a meeting for us. Please mention that you saw the AMA on Reddit and there won't be a consultation fee.

How come becoming a permanent resident is faster if you are not living in the country compared to living in the country for a spouse of a citizen?

I wish I could tell you. It's really just a matter of how the government chooses to allocate resources.

Is signing up to work on a canadian orchard a good idea? I'm a 23 year old Mexican student looking for seasonal work outside of the country.

Are there any resources I could look into that could help me find a job?.

Thanks in advance.

Canada has employs a lot of seasonal agricultural workers - I'm not sure about resources though. I'd suggest contacting orchards, vineyards, etc. in the region of Canada you want to go.

Thank you for doing an AMA!

What do you think are the benefits and detriments of Jus Soli, and Jus Sanguinis? -- How do you think these two systems of determining citizenship can hurt or help society?

I'd pick Jus Soli 10 times out of 10. I think that one of the problems with many parts of the world is that nationality is tied too closely with ethnicity.

I am a PR and US citizen, but I've lived in the States for the past 6 or 7 years for school. My PR card has expired, but I still have status, and I have a full-time software job lined up in Canada. If I move across the border to Canada and work at this job for three years, am I eligible to apply for citizenship? Am I eligible to apply for a new PR card after one year? Or do I need to restart the process of becoming a PR?

This is actually a very tricky situation - It sounds like you are a permanent resident who is inadmissible for having failed to comply with the residency obligation (living in Canada for 730 days out of every five year period).

Please call me @416-862-9820 in advance of attempting to enter Canada, as you may not be eligible to become a PR again if you lose your status.

Hello there, thank you for AMA.

How difficult is it for EU citizen of 24 years, with Bachelor in Engineering, and 6+ years of experience in the field to get into Canada? It appears that not many companies would even consider me, since I am not in North America. I wonder if I should try to apply for Skilled visa.

It can be difficult to come to Canada without a permanent offer of employment. The catch-22 is that most Canadian companies are reluctant to hire foreign workers given the red tape involved in bringing them here.

That being said, there is no harm in uploading a profile & applying to come to Canada under the Express Entry category.

It seems the popular statement in America is, "If (insert politician's name) is elected, I'm moving to Canada." Is there an actual increase in citizenship requests or are all of these people full of empty promises? My personal experience is that all of my friends are still living in the United States and have seemed to forget about their statements.

It's hard to imagine there being a noticeable increase, though we did file a few PR applications for US citizens who were upset after George W Bush won his second term.

Hi there, thank you so much for this AMA.

Would you have any directional advice for Syrians in Canada? I'm a student (on a 4 year study permit expiring in 2016), unable to obtain a new passport (nor feel safe doing so), have just graduated and cannot apply for a Post Graduate Work Permit without one.

My best advice for you is to contact a lawyer for a detailed consultation to sort out your options well in advance of the expiry of your study permit.

I think this a consultation that you should have in person. I'd be happy to see you in Toronto or to refer you to someone else if you are in a different region of Canada.

Hi! My wife intends to move there next year for her Masters (hopefully Ivey), after which she wants to work there. Assuming things go well and she gets a decent job, what's the better option for me to move? Apply for immigration as soon as she goes so it comes through in 8-10 months, or stay on a tourist visa till she is able to get PR status and apply as her dependant? I don't plan to move till she completes the course either way.

Thanks in advance.

Edited to add, we live in Dubai, with Indian passports and citizenship.

If you intend to reside in Canada with her after she becomes a PR, I would suggest that you include yourself in her application for PR status so that you can get your status at the same time as she does.

You would have to be examined by an officer in either case.

I'm a dual citizen of the USA and Canada. I received my BA from a Canadian University, then spent two years working in Alberta. I will be returning there next week. My Canadian passport has expired, and my citizenship card is missing. I have been able to enter the country by using my expired passport as proof of citizenship.

When I have looked into trying to get a new citizenship card, I have been asked to fill out a form (CIT maybe?) for a new applicant for citizenship. Is there a different form I should be seeking? I hear there are changes coming to the citizenship process. Will this affect my receiving a new card/certification?

Thanks for doing this AMA

You don't need to apply for Canadian citizenship, just proof of citizenship. The application forms can be found by following this link: http://bit.ly/1ICvm8f

I've approved your comment, but be aware Automod will kill any URL that is bit.ly, so in the future can you just post the entire URL?

Just read this - thanks, I had no idea. I'll bear it in mind.

I am a Canadian citizen living in Spain with Spanish residency. My wife and step-daughter are Russian citizens and also have Spanish residency. We have been married 10 years and neither of them have been able to visit Canada with me because every time we look at getting tourist visas for them, it seems like it is designed for us to give up and we do. Once they leave the Schengen zone it is a travel nightmare for us.

My wife and step-daughter are due to receive Spanish citizenship in December 2016. Is it worth it to pursue a visa, or should we just wait out the next year and a half? We have never had plans to live in Canada, just a two week vacation.

I think that they should be able to get a Canadian visitor visa without much difficulty - but obviously if they become Spanish citizens they will be visa exempt. Unless they have a pressing need to come to Canada soon, I'd be inclined to wait it out.

Thank you for doing this AMA!

My question is about an Iranian woman/mother who's been denied temporary visas (and a super visa) to see her children in Canada. (20 years ago she tried to come to Canada under the Refugee class, but was denied.)

She has three children who are residents of Canada. They all applied independently of the original case and are now educated and successful. The mother has no intention of living or staying in Canada illegally but her applications have all been rejected.

She lives happily with her retired husband in Iran and has been around the world many times. Her most recent trips are twice to the US to visit one of her children, who temporarily lives there with her husband, and once to Europe (these trips were within the past three years).

She has no intention of staying in Canada, she just wants to visit her children.

What would she, her children, or her husband need to show to convince the reviewing officer that she will not stay in Canada longer than the terms of the visa?

It would really depend upon her establishment in her country primary residence. I'd suggest that she and her husband first access their immigration files in order to determine the reasons for their refusal and that they then prepare an application that effectively addresses the concerns raised by the visa officers who rejected their applications.

I was going to phone around and hire an immigration lawyer this week actually. I'm an Albertan who just married a lovely South Korean woman, we need to apply for her to get permanent residency in Canada. We're both planning on living in South Korea for the next two years while waiting for her to receive permanent residency. How should we proceed with our application?

The first think I always ask my clients to do is to gather evidence of the history of their relationship.

Every relationship creates a paper trail - plane tickets, text messages, photos, social media, etc. I'd start be gathering this information as well as all the documentary evidence that you will require - passports, marriage certificates, etc. in order to support your wife's application. The immigration website has a lot of useful information about the process as well. http://bit.ly/1MlEmMZ

Also, I'd be happy to speak to you and your wife in order to discuss the process involved as well as any issues or concerns that you might have.

How does joining the Canadian military help an application for citizenship?

I could be mistaken, but I believe you may need to be a citizen to serve in the military (though I've never checked).

I am 100% Canadian and have recently become a father with a British woman. Does Canada have any provisions like the UK does when it comes to caring for a child? ie. I could get a work visa for UK since she's British and the child is there. I would love to have a larger part in raising my son, here in Canada.

From the UK immigration site:

Coming to look after your child Your child must be under 18 and living in the UK

You must prove that you’re not able to apply as a partner and that either:

a) you’re the only parent of the child and you’re the only person who’s responsible for them (you have ‘sole responsibility’) b) your child lives permanently with another parent or carer who’s British or settled in the UK and not your partner, and you want to help raise them

You must be able to support and accommodate yourself without claiming public funds.

This is very interesting. Canada has no comparable program. In Canada, the only way that your child's mother could come here is if she was sponsored by you, which would require that you be in a genuine and ongoing spousal or common law relationship.

Way to go OP!! I can't remember the last time I saw so many responses.

I am a Canadian citizen living in Turkey. My partner is Turkish and we are planning to come back to Canada next year, after we marry, so I can go back to university. I have looked into sponsorship for him but I don't think we are planning to stay in Canada after I finish with school. What would be the best way to gain entry for him? He has a bachelors and a masters in art history. We are looking at staying there for roughly a year and a half before moving abroad again. I also don't want to mess things up for his immigration if we do decide in the future to make the move for good. Any ideas about the best path to take?

If you're only planning to stay in Canada for about a year, it might make more sense for him to simply enter as a visitor, though he won't be able to work while he's here.

I married a Canadian a few years ago and she has a greencard and living with me in the US. My paternal grandma recently passed away but she was a native born Canadian and my dad, born in the US, recently received a certificate thing stating he has Canadian citizenship, although he has never been in Canada longer than 1 month. I was also born in the US in the late 80s.

My questions: 1) Can I fill out the same forms that my dad did to get a certificate stating I also have Canadian citizenship?
2) Will this in any way affect my US citizenship? 3) What repercussions will doing so have on my tax liability to Canada if I continue to live in the US? 4) If I were to move to Canada and work there, any idea how I could get more info on my Canada & US tax liability ?

1) Yes. You are Canadian. I'd suggest you apply for the certificate.

2) There will be no impact on your US citizenship - both Canada and the US permit citizens to hold multiple nationalities.

3) I'm not a tax lawyer so I'm really not qualified to answer this.

4) I'd suggest you contact an account - If you contact me I'd be happy to refer you to someone.

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You haven't provided much background information, but if you contact my office, I'd be happy to meet with you in order to sort out your options. 416-862-9820

[deleted]

No problem - a telephone or Skype consultation works just fine too.

I'm an American who is 18 years old in secondary school, and want to work in Canada and live there. If I go to university in Canada, can I become a citizen at the same time, or do I need a full time job first? What is the best way to do this? I love our country and want to move there.

You can come to Canada to study and while at university you will be permitted to work without a permit for a maximum of 20 hours per week. After you graduate you'll probably be eligible for a work permit valid for up to 3 years. Ideally, in that time you'll find a job that allows you to qualify for immigration under express entry on a provincial nominee programme.

so basically, yes. I hope that helps.

Wow! Awesome, thank you! I go to Toronto frequently, so maybe I will check in with your office when the time comes.

How about a follow up? :: What are good jobs for the express entry program? I'm looking at working as a communication major, like for television ect, with a swing of politics in there, so I would love to work for people as a PR specialist or even on political news. IS there a market for this, or am I doomed for entry?

I'm learning that there's a market for nearly everything. ;)

Drop in when you're in town.

This is a little late for me, but I am still curious. Who has a better chance getting a visitor's visa to Canada (through the LOI process and other necessary courses of action). A Cuban in Cuba with a passport, or a Cuban-Peruvian in Peru with both passports?

it depends on a whole range of factors including how well established they are in either country, their travel history, their ties to Canada, etc.

Hey, thanks for doing this, hope you're still answering questions. I'm Canadian, but have been living in the UK for the past 15 years and am married to a UK citizen. We've recently been talking about moving back to Canada and I'd love to know what process we need to go through to get her permission to work and how long that might take?

You have tow options:

1. File the application for PR status from the UK - it will take approx 2 years. At the conclusion of the process, she will be issued a confirmation document and become a PR after she presents herself @ a Port of Entry.

2. Travel to Canada, gain admission as a visitor and then file an application as a member of the Spouse in Canada Class. A pilot program currently in force will allow her to get a work permit in approximately 3-4 months. The processing time for PR status will be about 2 years, though.

The choice between these two processes is a little more nuanced than this, as you might imagine. Please contact me @ 416-862-9820 so that we can discuss your situation in greater detail.

I'm an Aussie, living in Alberta and have had permanent residency since 2003 (and was on a 3-year work permit prior to that). I have a Canadian wife and three Canadian born children (15 to 5 yo).

I haven't really seen the need for becoming a citizen and although it's on my to-do list (but a low priority), is there any really pressing need for me to get the process started?

Not really, the most important additional rights that you'll receive as a citizen are the right to vote and run for office as well as expanded mobility rights.

That being said, I'd encourage you to file an application. You've been here a while and I think it would be prudent for you to solidify your ties to this country but acquiring the same citizenship as the rest of your family here.

I became a Canadian permanent resident recently - finally 36 months after first submitting my simplified application (family, spouse is Canadian). One of the many disappointments with my immigration lawyer (later discovered not a lawyer, a consultant), was that he took six months to forward an email from the CIC to me that requested documents to continue my application process. When asked why it took six months he replied that he was out of town when it came in.

This resulted in my medical expiring and me having to pay for it again. He also submitted the wrong marriage certificate and lost the other, requiring me to replace it, and told me to use an FBI approved channeler for my background check (which turned out to be unacceptable and required me to pay for another).

I paid this guy $3000 upfront, plus the $1000 to the Canadian govt.

Now that I'm a PR, should I look into suing to get my money back? How about the at least six months of lost wages, or the costs of the documents I had to doubly produce?

Or should I just be happy the nightmare is finally over and I no longer need to worry about my status in this country?

Thank you!

All immigration consultants are required to be registered with a governing body, the ICCRC this is their website http://bit.ly/1B0cEF0.

If you are not happy with the conduct of your consultant, I would suggest that you file a complaint, but I suspect that the cost of a lawsuit would far exceed your recovery in damages.

Also, welcome to Canada!

Recent PR here. Why does t take so long to go through Canadian Experience class immigration where you get Bachelor degree, then two years of experience and then it took them almost 20 months to process paperwork. In meanwhile, live in caregivers get PR much faster and without silly English tests I had to take after being in Canada many years and earning a degree. Is there something we can do to help change that? Or is the immigration system that screwed up that no need to waste our time trying to make a change?

Many LCP applications have extraordinary delays too. Why one programmme takes longer to process than another has more to do with the government's allocation of resources (which is often a political calculation) than with programme requirements.

I just sent my citizenship application yesterday to get in before the rules change (again!) on June 11, are they expecting a backlog because of people rushing in before this new rule change? Is the new system going to be faster for processing or is that just govt pipe dreams?

It's hard to say whether it will be slower due to volume. for my part, I've noticed that applications submitted in the last year and a half have been processed far more quickly than those submitted earlier so it's possible that the delay in your case will not be significant.

Please remember to study for the test - most people born here would fail!

My wife and I are both teachers in the uk (high school) we have two young children. Would we get in?

Probably not. Sorry - I have a school age son and I firmly believe that Canada needs more good teachers.

I'm an American, married to a Canadian. We have two children with American passports and Canadian citizenship. Currently, we work overseas.

How many hoops would I have to jump through to live in Canada? Get Citizenship?

You Canadian spouse would have to sponsor you and in the process satisfy Immigration Canada that you intend to reside in Canada after your application is approved, this generally requires the submission of evidence rather than a bald assertion.

After that, you'll be eligible to apply for citizenship after residing her for 4 out of 6 years (minimum of 6mos/year) after immigrating.

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I would suggest you look into applying for the Minister's Approval of Rehabilitation (though you may be deemed to be rehabilitated at this point).

That being said, the situation may be a complex - it might be worthwhile to call my direct line @ 416-862-9820 for a consultation.

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You'll first need to become a member of a provincial or territorial law society. Many will give some credit to foreign trained lawyers in their accreditation process. For example, the Law Society of Upper Canada (Ontario) has it's guidelines here: http://bit.ly/1B02DYr

That being said, once you have a job as a lawyer, you may be eligible to work in Canada under the terms of NAFTA.

My mother was born in Canada, which allowed me to have easy citizenship when I lived there as a child. (I vaguely recall having a citizenship card?) Now I'm almost done university in the US (as a citizen born here) and I'm wondering if it would be difficult to move back to Canada to live there? Or am I still considered a citizen in some way because of my mother?

So long as you haven't renounced your citizenship, you're still as Canadian as I am.

Welcome back!

Canadian here. I inadvertently violated the terms of my TN Visa while working in the US about 8 years ago. Haven't crossed the border in 5 years, because the interviews were very adversarial and stressful.

Is there any way for me to clear the air so I don't get interviewed every time I cross the border?

Unfortunately I'm not an American attorney, but if you call my office @ 416-862-9820 I'll be happy to refer you to one.

I'm European, in my late twenties and about to finish a terminal masters degree in clinical psychology (graduating as a psychologist). I've previously spent four years at a university in BC, but didn't quite finish my degree before leaving. Would a year with the IEC Young Professional program be useful if I wanted to move permanently to Canada? Are mental health professionals in high enough demand to help with an express entry application/provincial nominee program?

An IEC work permit will allow you to get a job here but it will only serve as a springboard to permanent status if the work you find is at a sufficiently highly skilled level to qualify you for permanent status. It's hard to advise you on a job you don't have yet, but generally speaking I think that if you are able to find work in your field in Canada, you would have a good prospect for qualifying under either EE or PNP.

I am a dual citizen (Cdn/US - probably not relevant) who is dating an American. I live in Canada and she in the US. Would she need either a) a bona fide job offer or b) us to get married before she could move here? I can't "sponsor" her to come here for a period of time and she looks for a job while she is here (like on a 6 month visa or something)?

You are probably on the precipice of a number of pretty big decisions about your relationship. It might be smarter to call me @ 416-862-9820 as there are a number of factors that may be relevant to you.

Please mention that you saw the AMA on Reddit and there won't be a consultation fee.

Have you ever had to help someone of who you thought "I don't want him to come to my country" (e.g. because of bad personality, lack of respect for the local culture, etc...)? If so, how did you deal with it?

Have I ever met a jerk? Sure.

I just try to remember that people come to visit lawyers very difficult times in their lives into the behavior that exhibit my office often doesn't reflect their true nature. So generally I try to deal with it with patience and good humour.

after the medical exam required when completing a sponsorship application - how much longer does it take to recv the PR?

It depends on the visa post but that's usually one of the last steps - if your Right of Permanent Residence Fee [RPRF] has been paid. My best guess would be within 3 months. (no promises, though)

Is a child of a citizen automatically a citizen like in the US (born outside canada)?

Yes but only for one generation. That being said, different rules apply to people who have already been born abroad, as many aspects of citizenship law are retrospective in nature.

As a child, did you know you wanted to grow up to be an immigration lawyer? How do you get into that field and do you enjoy your work? (I'm fairly certain you do, but I have to ask anyways).

On another note, there are lots of stereotypes about immigrants moving into Canada. Is it true that people who immigrate to Canada can pass the tests, but their family members don't have to? IE: English/French-speaking husband brings wife and kids that don't speak English/French.

I didn't discover immigration until I was in law school - and I love my work. It gives me tremendous satisfaction to help people out who need it.

It's true that only the principal applicant for immigration needs to pass a language test. That being said, the children of immigrants tend to pick up English or French unbelievably fast. They sound like native speakers (with slang & everything) after a very short time.

I have an undergrad degree and an working on a JD in America. Will Canada recognize these or would I have to start all over in Canadian schools?

An American JD is recognized in Canada but is not necessarily equivalent to a Canadian degree. You have to check the accreditation process in the province where you intend to reside.

Hi,

I am a 50 years old English teacher from Brazil, with two post graduation degrees. Do I have any chances to be elegible to immigrate to Canada? Thanks.

To be honest, it may be a real challenge. Is there anything else you can tell me about yourself? Do you have any ties to Canada?

I'm not sure if this is too far outside your area of expertise, but as an Iranian permanent resident of Canada, each time I want to enter the US, I need to have a visa. The US only issues single entry visas for Iranians. Is there a way to get a multiple visa?

They tell me if you go to the border they may issue a multiple entry visa. Is that true? Do I just show up at the border and request for a visa?

Or should I go to an American embassy/consulate and apply for the visa first and then go to the border with that?

Unfortunately I'm not an American attorney, but if you call my office @ 416-862-9820 I'll be happy to refer you to one.

Thanks for doing the AMA! I really enjoy AMA's from lawyers, since there tends to be lots of good stuff in them!

I'm planning on starting the immigration process with my partner from Russia within a year or so. What things do you know about, that would speed up the process for you, or any other immigration layer? (Paperwork, etc) I'd really like to make it go as smoothly as possible, and be aware of any common problems that may arise. (as well as maybe other more complex ones, if they exist)

There is really only one thing to speed up the process - be absolutely sure that you have completed the forms in their entirety and included every piece of required documentary evidence. A shockingly high number of applications are returned to the applicant due to a lack of completeness.

Other than that, I have no tricks to offer other than to say that in my view, my job as a lawyer is to make the application as straightforward and easy to dispose of as possible. So think of what you can do to make the visa officer's job easier.

My parents are Canadian. As are their parents. My sisters are also Canadian. I was born in North Dakota in 1959 and have lived in Canada 8 years growing up. Can I become a dual citizen?

You can't become Canadian. You are Canadian. All you need is a citizenship certificate.

Nice, eh. Thanks. Sorry, how do I begin that process?

To complete the application yourself, the easiest place to start is the Citizenship Canada website (http://bit.ly/1e17a2B).

If you'd like some assistance in this matter, just call my office @ 416-862-9820

ive lived in canada for 11 years now and been a landed immigrant for 9 years i believe i have my permanent residency card have married a canadian woman and have children i don't suppose there is a way to skip the citizenship stuff and not have to wait 2 years once i start the citizenship application is there ?

It sounds like you don't need to wait for anything. If you've been a permanent resident for 9 years, you likely meet the residency requirement for citizenship - of 4/6 years with a 6mos/1yr minimum.

If you have questions about your eligibility, I'd be happy to discuss it with you in greater detail. Just call me @ 416-862-9820

Career Question:

I articled at a legal clinic doing mostly ODSP hearings and LTB work, but am interested in immigration law as well. Any advice for someone applying to immigration law positions in Toronto with only some academic courses and term papers on the subject? Thank you!

Yes - quite a lot, actually. The most important bit of it though is to not be afraid to go into practice as a sole practitioner.

On the more helpful side of things though, I'd be happy to buy you a cup of coffee and give you a couple of names and numbers for people who might be hiring. Call my assistant to set it up - Mini 416-862-9820.

I'm hoping you're still answering questions. I am a Canadian citizen, married to a US citizen for 4 years whom is currently visiting on a Tourist Visa for the last 12-18 months. We've looked into completing her immigration paperwork ourselves and feel slightly overwhelmed by what forms are necessary, what steps to take first and where to begin. We've had a list of the IMM forms from the CIC website completed, just unsure if we have them all completed and ready to submit, also what else must be included for a smooth process.

My questions are do assist in simple spouse/common law immigration cases, what are your rates (if you do), and also (if you do not assist in those types of cases) are you able to provide a link to a non CIC website that may be easier to understand for both of us that lists the forms we must complete, background checks required, and fees owed?

We would deeply appreciate the help, from you or anyone who has completed this task.

You're right that the task can be daunting - I will absolutely assist you, our firm files a great many of these applications every year - call my assistant for a consultation @ 416-862-9820.

I hope you are still here. I immigrated to Canada when I was five, and have been a Canadian citizen for the majority of my life. However, I have a dual citizenship elsewhere and now that I've graduated, I was hoping to go to the country where I was born to experience living/working there. Because of the dual citizenship, I would have to be paying taxes in both countries, unless I declare non-residency in Canada, which is what I was advised to do. I was also planning on coming back to Canada within the next five to ten years as I would like to start my own family and raise my children here.

My question is, due to the new bill, is my Canadian citizenship in any threat? Because I was born outside of Canada, have a dual citizenship, and may appear to have moved out of Canada completely (as I have no real assets here). Would not declaring non-residency and paying both taxes lower any threat to my citizenship?

There is no threat to your citizenship that I can see. Canadian citizens are guaranteed mobility rights under s. 6 of the Charter of Rights and Freedoms:

6(1) Every citizen of Canada has the right to enter, remain in and leave Canada.

I've already spoken to an immigration lawyer, but I'd love to get your take. I'm a Canadian living in Texas, with a conditional green-card through marriage. During the 90 day period I submitted an I-751 application. Since then (this was Dec 2013) my wife & I had a falling out and early this year divorced. I've already sent two letters to USCIS service center & local office - one explaining that we separated and the 2nd after we were divorced - asking them to change the the application to a waiver. I have lots of proof that the marriage was in good faith.

I never heard back though. Last update from was March 2014 saying that my case had been transmitted to local office but since then - nothing. From what I was told I'm doing the correct things and there is just a very big back log. What's your take? Anything extra I can do?

Unfortunately I'm not an American attorney, but if you call my office @ 416-862-9820 I'll be happy to refer you to one.

Where would I stand if I had a chronic disease (say, MS), and I would want to emigrate to Canada for a permanent job offer? European, 38 years.

You'd likely be inadmissible for health reasons. The Act refuses to admit anyone who would cause a greater than average drain on Canada's health within 5-10 years of their admission.

I am seriously considering immigrating to Canada from the U.S. I don't know anyone in Canada. Any advice?

Start a job search. Also, come for a visit. It's nice here.

I was born in Canada. My mother was born in England but moved here when she was 2. I am eligible for British citizenship. With the new laws that came in is it now possible that I could lose my Canadian citizenship (not probable, possible) if someone deemed me a terrorist threat?

If you don't commit terrorism or treason, you'll be fine. So I'd avoid ISIS recruiting meetings if I we you.

Also, I'd apply for UK citizenship if I were you. An EU passport might just come in handy some day.

That is legit messed up. The definition of both can be murky and recently open to interpretation. I'm not ACTUALLY worried for myself, but I've been trying to put it into context and it's just, well, fucked up.

It's true that the definition of both can be murky, but the Citizenship Act requires a conviction in Court, so I would worry about it.

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Basically, what your proposing is an offence under the Immigration and Refugee Protection Act. As a lawyer, I can't counsel an offence so I can't really offer you any advice in this matter.

Hi! Question for you!

Person A lives in Canada, was born here and is a Canadian citizen

Person B was born and raised in the US. Person A and person B meet and decide they love each other, and to get married. Person B is to move to Canada, become a Canadian citizen, etc.

Can they get married and have Person B live with Person A in Canada, while the papers are processing? Provided Person B doesn't work, is Person B able to live in Canada with their spouse, or would they have to go back to the US and wait?

My girlfriend and I (Both Canadians, no worries) encountered this situation and said couple is very confused on what to do.

Thank you!

A & B can live together in Canada provided that B doesn't violate the terms of their admission. They can file a spouse or common law partner in-Canada class application for PR status. B can also apply for a work permit while they wait.

Hi Joel!

Thank you for doing this. My American boyfriend is immigrating to Canada to move in with me. Right now he's applying for a 1-year visa that would allow him to work (it's the one for students recently graduated).

We want to apply for permanent residency, but know that the time lag right now is atrocious. So should we apply now as a conjugal couple, or after the 1 year so we can apply as common-law?

I've heard of conjugal couples being rejected because immigration says they could have lived together. I don't want to spend $2000 on an application that'll get rejected. But since permanent residency takes so long, I don't want to start the process as his visa is expiring because then he can't work (he's a professional actor, and taking time off is not good for that).

I know I've been saying this a lot and it feels like kind of a cheat but you and your boyfriend have a number of options, especially if he gets a work permit under the SWAP program. Please call my office and my assistant will set up a consultation. Please say you saw me on reddit & there will be no consultation fee.

He's supposed to hear back about the SWAP this week so I'll call your office next week. Thank you.

Great - I look forward to hearing from you.

How/where can I find out the past history of my visa applications and what the official responses about them were?

You must file a request to access your file under the Access to Information / Privacy Act. The information you seek will be contained in what are called GMCS notes.

Hi Joel, thank you so much for doing this AMA!

I am a (naturalized) Canadian citizen who currently lives in the US for work. My husband (who I married in the US) is a Chinese citizen with Canadian PR.

1) his PR card will expire in early 2017. I have read through the requirements for renewing PR; I think his PR is safe since he is accompanying me in the United States. We will have to note that on the PR renewal form. Is this correct?

2) However, it seems like that this will be troublesome in the long run when he applies for citizenship. Time spent in the US with me will not count towards citizenship qualification. Is there a way around this, or do we eventually have to relocate back to Canada and stay there for him to be able to apply for citizenship?

3) I've read horror stories on immigration forums about this Residence Questionnaire business, which I'd never heard of when I was applying for my own citizenship (back in 2006). Apparently it can set your application back years. What is it and how does one avoid being hit with one?

Thank you again!

Accompanying a Canadian citizen spouse outside of Canada does permit a PR to maintain their status by meeting the residency obligation. One word of caution, I've notice a number of visa office decisions in which an officer found that the PR did not comply with the obligation if the CC was accompanying the PR and not vice versa. I think such decisions are absurd and I'm in the process of appealing a couple of them right now, but it's something to be wary of.

You are quite correct about you spouse's eligibility for citizenship. the new requirements of 4/6 years with a 6mos/1yr minimum requires his physical presence in Canada, without exception. I'd suggest you contact me or another immigration lawyer about 6-7 months prior to the expiry of his PR card to discuss the issues, especially as the law may have evolved in the ensuing months.

Is it next to impossible for a Canadian university grad to move to the states to work an entry-level job? If not, is the procedure extremely expensive/time consuming?

Unfortunately I'm not an American attorney, but if you call my office @ 416-862-9820 I'll be happy to refer you to one.

What is the most common reason a U.S. citizen is denied citizenship to Canada?

I'm not sure - I don't have these statistics.

Hello Joel, I wanted to know how come it is so hard to get my sick and innocent grandmother to come visit/stay with us in Canada? It took us 6 years worth of papers to bring her to VISIT. She lives in Bosnia and isn't doing well.

Now she's sick and all by herself taking care of her diabetes while we're here wondering if she's alright.

Yet, I see a lot of immigrants committing crimes (Bosnians included) after being allowed to stay while it's so hard bringing my grandmother to visit :/

It's hard for me to imagine why this has been such a challenge. 6 years sounds normal for an application to bring her as a PR sponsored by you. I'd be happy to try to get to the bottom of this for you if you're interested.

As an American who just wants dual citizenship for no real reason, how good of a choice is Canada if I plan on only going maybe once a year?

Probably don't bother, you'll never meet the residency requirement.

I'm an Australian who moved to Canada as a minor with my mother about 6 years ago. I recently applied for permanent residence through my common law boyfriend sponsoring me. I feel like I fell into a category that doesn't exist and I'm terrified that my application will be rejected because I haven't been able to work for so long and I have lived in Canada for the past 6 years.

Is there a special way that cases like mine would be handled? I heard that most of these applications for permanent residence were rejected or accepted based on some other application that I know I didn't qualify for (Canadian Experience Class or something)

The common law partner in Canada class is a real category that it sounds like you are eligible for. Do you have any concerns about a specific issue relating to your application?