CANADA IMMIGRATION :
This is a general explanation of the Canadian Immigration Act and regulations. For exact definition and explanation of Canadian Immigration Act and regulations refer to legal books OR consult a Canadian lawyer.
A: TEMPORARY OR NON IMMIGRANT VISA:
1. VISITOR VISA.
The purpose of the visitor / tourist visa under the Canadian Immigration Act is to :
allow the entry of an individual who wishes to visit Canada for the purpose of doing trade with Canadian companies, for tourism and allow other foreigners to foster scientific and international understanding.
at the same time controlling entry of those who wish to involve in criminal activities in Canada or who are likely to put in danger the health and safety of the Canadian society.
Who is a visitor:
A definition of visitor is given under Sec. 2 (1) of The Immigration Act (Act) as a person who is lawfully in Canada as a visitor or who wishes to come into Canada
for temporary purpose and who is not:
a. a holder of minister's permit;
b. a Canadian permanent resident and citizen;
c. an immigrant who is admitted into Canada as his/her examination cannot be concluded at the port of entry by the officer.
What is a visitor visa:
A visitor visa is a document or stamp on the passport (in most cases) which allows entry of a person in Canada as that person meets the requirements of the Act for the purpose of visiting Canada.
This visa is issued by a visa officer at the Canadian post abroad.
HOWEVER THERE ARE RESIDENTS AND CITIZENS OF CERTAIN COUNTRIES WHO DO NOT REQUIRE A VISITOR VISA OR IT MAY BE ISSUED AT THE PORT OF ENTRY IN CANADA.
2. Students Authorization ( student visa).
There are more than 85 universities in Canada which provide high level of education to students coming from around the world. Canada has some of the finest private English schools from grade 1-12 for local as well as international students. The Canadian government spends 9.5 % of their GDP in the education system. Many Canadian education institutions are funded by the government and therefore they have some of the best facilities.
Basic process for obtaining student authorization is as follows:
1. Foreign students must apply to a Canadian education institute and obtain admission in such an institute. This institute must be certified by the immigration authority for the issuance of the student authorization / visa. This is generally mentioned in the prospectus of the school. If is not mentioned students must ask the institute directly whether admission in that particular institute will qualify him / her for student authorization.
2. Once the admission is secured, the student is required to make application to the Canadian immigration office for student authorization and visa.
3. The student can make this application while in Canada or outside of Canada.
There are also many student exchange programs, student working visa programs and such other programs for students of certain countries.
Our kit will also include, apart from our regular forms and instructions, a list of Canadian educational institutions and a list of special student exchange and student working visa programs.
3. Applying for Employment authorization: ( Work permit ).
Any person who is not a Canadian citizen or permanent resident of Canada needs employment authorization ( work permit) to work in Canada.
Basic process for obtaining employment authorization:
a. The applicant must have a job offer from a Canadian employer who is ready to sponsor him / her.
b. The employer must apply to the Human Resources Development Canada (HRDC) for job validation ( labor certification ) . However there are certain cases where labor certification is not necessary such as hiring software programmers and their spouses, corporate executives, etc.
c. Once the labor certification is obtained , the applicant may make an application to a Canadian immigration office for obtaining employment authorization.
d. This application may be made while the applicant is in Canada or from outside Canada.
AS PER THE LATEST REGULATION ( OCT. 1998) SPOUSES OF EXECUTIVES , PROFESSIONALS AND SOFTWARE PROGRAMMERS ON WORK PERMIT VISAS ARE ELIGIBLE TO WORK IN CANADA. SUCH SPOUSES NEED TO HAVE A JOB OFFER AND NO JOB VALIDATION IS NECESSARY
If you have come to Canada ON :-
1. VISITOR VISA;
2. STUDENT AUTHORIZATION;
3. EMPLOYMENT AUTHORIZATION;
you may apply for extension of your visa while you are WITHIN Canada.
an individual may apply for any of the following types of visas and change his/her visa status. This may lead the way to obtaining permanent immigration of Canada.
1. APPLYING FOR IMMIGRANT VISA OF CANADA AS A CONVENTIONAL REFUGEE (Political asylum).
One can seek and make an application for political asylum in Canada, if that person has well founded fear that he /she will be prosecuted because of his / her religion, race, nationality, membership of a particular social group and political opinion and such a person cannot go back to his home country or cannot get protection from this country.
2. Applying for work permit visa as a Live-in-Caregiver (Nanny or Domestic help or Au pair).
This program has been introduced to meet the of shortage of domestic help in Canada.
Basic process for obtaining employment authorization ( work permit) in thisprogram is as follows;
a. The applicant must obtain a job offer from a prospective employer in Canada;
b. Once the job offer is made, the employer must make an application in Canada for approval of the sponsorship;
c. After the sponsorship is approved, the applicant must apply for employment authorization to the Canadian immigration office.
d. This application can be made while in Canada and also when the applicant is out of Canada.
e. Work permit is issued for a period of two years and after that time period theapplicant can make an application for permanent immigration to Canada.
3. APPLYING FOR IMMIGRANT VISA OF CANADA AS A SPOUSE.
A person may apply under this class if he/she gets married in Canada while on a temporary visa in Canada.
Under this class the individual may have come on a visitor visa and while in Canada may have found a loved one with whom he/she wishes to get married.
4. APPLYING FOR IMMIGRANT VISA OF CANADA UNDER THE HUMANITARIAN AND COMPASSIONATE REASONS.
Under this class application is made on the basis that if visa is not issued, the applicant will suffer undue hardships.