CANADIAN IMMIGRATION AND VISA SEMINAR DAVID ORMAN, BARRISTER & SOLICITOR ORMAN LAW 69 YONGE STREET, SUITE 700 TORONTO, ONTARIO M5E 1K3 TEL: 416.891.0091 FAX: 647.260.0278 ORMAN@BONDLAW.NET WWW.ORMANLAW.CA
WHY COME TO CANADA? Canada ranked 8th safest country in the world by 2018 Global Peace Index (http://visionofhumanity.org/indexes/global-peace-index/) Canada s healthcare system is tied for 6 th globally in terms of quality and access according to The Lancet (https://www.thelancet.com/journals/lancet/article/piis0140-6736(17)30818-8/fulltext#seccestitle160) Canada s economy is growing and there are significant economic opportunities for newcomers In 2017 Immigration, Refugees, and Citizenship Canada (IRCC) welcomed approximately 300,000 permanent residents to the country in various categories such as family class, refugee, and economic Immigration Canada has just released its plan to increase levels of immigration in the next three years (they plan to admit 310,000 new permanent residents in 2018, 330,000 in 2019 and 340,000 in 2020)
CANADA IMMIGRATION NEWS: PR APPLICATIONS THROUGH THE EXPRESS ENTRY SYSTEM The Express Entry system is a major component of Canada s economic immigration programs Having a job offer from a Canadian employer is not a requirement Approximately 28% of all Express Entry candidates that were issued ITAs in 2017 had a Canadian post-secondary credential Studying in Canada can be a gateway to permanent residency
CANADA IMMIGRATION NEWS: ECONOMIC CLASSES Federal Skilled Worker (FSW) program has minimum requirements for education, language ability and work experience as well as selection factors such as age and adaptability Candidates applying under the FSW program are also required to show that they have enough money for themselves and their family to settle in Canada, commonly referred to as settlement funds Canadian Experience Class (CEC) also have minimum requirements for education, language ability, and work experience Candidates applying under CEC are not required to have settlement funds, but they are required to have at least one year of skilled work experience in Canada Once a candidate is eligible under the FSW or CEC they can create a profile in the Express Entry system
EXPRESS ENTRY WHAT IS EXPRESS ENTRY? Express Entry is a selection system that allows Canada to invite skilled immigrants to apply for permanent residence. It evaluates applicants in four main core categories: Age English & French language proficiencies Education Work experience Using a Comprehensive Ranking System (CRS) that evaluates these criteria, Canada scores each applicant and invites the highest scorers to apply for permanent residence.
EXPRESS ENTRY FIRST STEPS To apply for Express Entry, prospective candidates need to make a profile through IRCC s Online Services. Before you create a profile, you will need to obtain: Results from an official English and/or French language test The only accepted language tests are IELTS (non-academic), CELPIP, and TEF. Educational Credential Assessment for foreign education Assessments must be done by any of: Comparative Education Service: University of Toronto School of Continuing Studies International Credential Assessment Service of Canada World Education Services International Qualifications Assessment Service International Credential Evaluation Service Once you know your language test results and your educational credential equivalents, you can calculate your score through the Comprehensive Ranking System (CRS)
EXPRESS ENTRY IS MY SCORE HIGH ENOUGH TO BE INVITED TO APPLY? Express Entry score cut-offs fluctuate. You can look up the cut-off score for past rounds of invitations on IRCC s website. The most recent round of Express Entry invitations went out on October 29, 2018 with the lowest CRS score being 442. A total of 3,900 invitations to apply for permanent residence were issued on October 29, 2018.
EXPRESS ENTRY BENEFITS OF STUDY IN CANADA If lacking the points to be issued an ITA, there are three straightforward ways to improve your Express Entry score: 1. Improve your official language proficiency 2. Obtain a Canadian diploma 3. Obtain Canadian work experience
EXPRESS ENTRY: MINIMUM REQUIREMENTS TO MEET POINTS CUT OFF - FSW First, we have the example of an unmarried 29 year old candidate with the required settlement funds, two post-secondary degrees (Bachelor s and a one-year post grad diploma), CLB 6 in all English abilities, and three years of skilled work experience. Criteria Score Age 110 Education 128 Language Ability first official language 36 Canadian work experience 0 Skill Transferability Factors Education 0 Skill Transferability Factors Foreign work 0 Additional Points 0 TOTAL 274 Reminder: recent invitation score was 442 points.
EXPRESS ENTRY: ESL STUDY CAN INCREASE POINTS If that same individual increases their English language scores to CLB 9 in all abilities by studying in an ESL program at the International Language Academy of Canada (ILAC), you can see the difference it makes in their overall Express Entry score: Criteria CLB 9 Age 110 Education 128 Language Ability first official language (French) Canadian work experience 0 Skill Transferability Factors Education 50 Skill Transferability Factors Foreign work 50 Additional Points 0 124 TOTAL Candidate exceeds current points cut off 462 of 442 points
EXAMPLE OF AN ILAC ESL CERTIFICATE OF COMPLETION
WHAT IS ESL STUDY? Studying at an English language school is commonly referred to as English as a Second Language (ESL) study. Pros to completing ESL studies in Canada include: 6 months of study without a study permit as long as the program of study is under six months Intensive English study plus immersion into an English community is the fastest and most efficient way to improve proficiency ESL study can transition to further post secondary studies in Canada Cons to completing ESL studies in Canada include: Students enrolled in ESL programs are not allowed to work Not eligible to apply for a post graduate work permit If they are married, their spouse is not eligible to apply for an open work permit
EXPRESS ENTRY: NEED FOR A SECOND POST SECONDARY DIPLOMA Now, let s take the example of an unmarried 29-year-old with a three-year Bachelor degree, CLB 7 in all abilities, the required settlement funds, and three years of skilled work experience: Criteria Score Age 110 Education 120 Language Ability first official language (French) Canadian work experience 0 Skill Transferability Factors Education 13 Skill Transferability Factors Foreign work 25 Additional Points 0 TOTAL 336 Reminder: recent invitation score was 442 points. 68
EXPRESS ENTRY: OBTAIN CANADIAN DIPLOMA AND IMPROVE LANGUAGE SCORE If this same candidate completes the one-year Service Excellence for Business Diploma at ILAC International College and through that study also improves their language abilities to CLB 9, they will exceed the current points cut off: Criteria Before After Age 110 110 Education 128 128 Language Ability first official language (French) 68 124 Canadian work experience 0 0 Skill Transferability Factors Education 13 50 Skill Transferability Factors Foreign work 25 50 Additional Points 0 0 TOTAL 336 462 Candidate now exceeds score cut-off of 442 points.
ILAC INTERNATIONAL COLLEGE SERVICE EXCELLENCE FOR BUSINESS DIPLOMA:
WHAT IS A PRIVATE POST SECONDARY SCHOOL? A private college cannot confer degrees (only diplomas/certificates) and operates under different rules and regulations than public colleges. Pros to studying at a private college include: Can work 20 hours a week while studying and an full-time during school breaks Up to 50% of course of study can be a co op work placement A diploma from a private college can increase CRS points under Education and Skill transferability factors Cons to studying at a private college include: Study doesn t lead to post grad work permit Spouse not entitled to apply for an open work permit
EXPRESS ENTRY CANADIAN EXPERIENCE CLASS Let s now look at an unmarried 25 year old with a 3-year bachelor s degree, no foreign work experience, English language test results scoring CLB 7, and no Canadian work experience. Criteria Points Age 110 Education 120 Official language proficiency 68 Canadian Work Experience 0 Skill transferability - Education 0 Skill transferability - Foreign Work Experience 0 Additional Points 0 TOTAL 298 Reminder: Recent invitation score: 442
EXPRESS ENTRY CANADIAN EXPERIENCE CLASS If this same candidate raised their CLB up to 9 through ILAC s University Pathway program, and went on to complete a one-year post-secondary diploma at a public college, they would then be eligible to apply for a post graduate work permit. After one year of full time Canadian work in a skilled profession, they would then be eligible to enter the Express Entry pool under the Canada Experience Class: Criteria Before After Age 110 110 Education 120 128 Official language proficiency 68 124 Canadian Work Experience 0 40 Skill transferability - Education 0 50 Skill transferability - Foreign Work Experience 0 0 Additional Points 0 15 TOTAL 298 467 Candidate now exceeds score cut-off of 442 points.
EXAMPLE OF CANADIAN PUBLIC POST SECONDARY DIPLOMA:
WHAT IS A PUBLIC COLLEGE? A public college is publicly owned or receives significant public funds through a national or subnational government, as opposed to a private college. Pros to studying at a public college include: Graduates of public colleges (from programs 8 months or longer) are eligible to apply for a post graduate work permit (Post-graduate work permits range from 8 months to 3 years depending on length of studies) Spouse is entitled to a work permit for the same duration of the study permit Spouse may be entitled to apply for a further work permit if student is granted a post grad work permit Additional 15-30 CRS points are given for study from public post secondary institutions Cons to studying at a public college: International student tuition fees can be higher than private colleges (approx. $15,000)
OPPORTUNITIES FOR INTERNATIONAL STUDENTS Studying in Canada as an international student can bring about the following opportunities: Improving official language skills: Either through a language program or, if language skills are strong enough, through further immersion in a post-secondary program Obtaining a Canadian education The Express Entry system gives additional points (15 for a 1-2 year program, 30 for a 3 year program) to candidates with a Canadian post secondary credential from a public institution. Working in Canada Completing programs of study at a public college or university (minimum 8 months) will make you eligible to apply for a post-graduate work permit Applying for permanent residence Once eligible you will be able to submit your profile into the Express Entry pool and may be issued an ITA for permanent residence if your points are high enough
HOW TO APPLY FOR A STUDY PERMIT Aside from the required fees and application forms, there are a few things you need to include in your study permit application: Passport, digital photo Letter of acceptance from a program of study A study plan Proof of funds for your first year (tuition + living expenses at approx. $10,000/year) Study permit then applied for, generally by using the Citizenship and Immigration Canada Portal (www.cic.gc.ca) Use: https://www.canada.ca/en/immigration-refugeescitizenship/services/application/account.html to sign in or create an account
COMMON REASONS FOR STUDY PERMIT REFUSAL These are a few reasons why an application for a study permit could be refused: Insufficient proof of funds Program of study does not fit in well with your career aspirations in your home country Program of study is not reasonable given your educational background
IMMIGRATION REGULATIONS FOR WORKING AFTER STUDYING Of note are the following immigration regulations that govern post-graduate work permits (PGWPs): PGWPs can only be obtained subsequent to studies at a public college or university PGWPs must be applied for within 90 days of completion of your program. Proof of completion of completion of studies must be provided. PGWPs can vary in length Completed diploma programs less than 2 years in length are matched by a PGWP for the same length of time Completed diploma programs of 2 years or more grant a 3-year PGWP Implied Status rules: ability to work while PGWP application is being processed Student must be in full-time studies the failure to study full-time will result in PGWP refusal.
CHANGES TO STUDY PERMIT REQUIREMENTS: BIOMETRICS As of July 31, 2018, IRCC has changed their biometric requirements. When applying for a study permit you will need to provide biometrics (which consist of fingerprints and a photo) if: You are between ages 14 and 79 (except for citizens of the United States). Applicants from Europe, Middle East, and Africa need to provide biometrics as of July 31, 2018. Applicants from Asia, Asia Pacific, and the Americas will need to provide biometrics as of December 31, 2018. After a study permit application has been submitted to IRCC, applicants will receive a Biometrics Instruction Letter. Only after this letter is received should applicants provide their biometrics. Biometrics only need to be provided once every 10 years. If an applicant has previously provided their biometrics to the IRCC in the past 10 years, they should not have to do so again.
BIOGRAPHY David Orman, Barrister and Solicitor Bachelor of Laws - University of Western Ontario (1991) ~ Member of the Ontario Bar Association (1994) ~ Member of the Canadian Bar Association Immigration Law Section David Orman is a Canadian immigration lawyer. He was called to the practice of law in the Province of Ontario in 1994 and has extensive experience in the field of Immigration law. His law firm handles all types of Canadian immigration matters, including permanent residence, citizenship, express entry, study and work permits, spousal sponsorships and various inadmissibility matters. In addition, Mr. Orman has made over 30 appearances before the Federal Court of Canada arguing sponsorship appeals, skilled worker refusals, and refugee appeals. He has also made over 60 appearances before the Immigration and Refugee Board arguing sponsorship refusals, refugee matters, deportation appeals, and misrepresentation findings. His law firm is based out of Toronto, Ontario and he can be contacted at (416) 861-0091, orman@bondlaw.net or www.ormanlaw.ca