Immigration Law

What is Immigration Law?

Immigration law governs the entrance of non-Canadians into Canada. Broadly, immigration law can be divided into the subsets of work/study permits, family-based permanent residence and admissibility. The Immigration and Refugee Protection Act is the statute which governs the majority of immigration law in Canada.

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Immigration Services

  •   Post-graduation work permit.
  •  Spousal work permit
  •  International experience Canada
  • Federal skilled worker program

Employer Specific Services

  • LMIA
  • International Mobility Program:
    • Intra-company transfers
    • Free trade agreement
    • Provincial nominee program
    • Entrepreneur
    • Post-doctoral fellowship

Other Services

  • LMIA
  • Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
  • Permanent Residence Applications:
    • Express entry
    • Canadian experience class
    • Provincial nominee program
    • Adjustments of status
  •  Visitor visas
  • Study permits
  • Spousal visas
  • Citizenship applications
  • Temporary resident visa
  • Application to resume Canadian citizenship
  • Access to information requests
  • Replacing/amending immigration documents
  • Notarial services

Frequently Asked Questions on Immigration Law

How long will my immigration application take?

The length of time will depend on circumstances of each individual application. Where you submit your application, whether your application is full and complete, and whether you require an interview, are some of the factors taken into consideration.

Does a charge of driving under the influence (“DUI”) make me inadmissible to Canada?

Generally speaking, a DUI will make a foreign national inadmissible to enter Canada and it will be necessary for them to apply for criminal rehabilitation.

What is Criminal Rehabilitation?

In general, temporary residents and applicants applying for permanent residence are considered to be criminally inadmissible if the person:

  • was convicted of an offence in Canada;
  • was convicted of an offence outside of Canada that is considered a crime in Canada; or
  • committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.

If you are inadmissible to Canada, you can apply for Rehabilitation, which will make you admissible to Canada after approved. It must be used with a visa or otherwise valid immigration document/status.

You can apply for rehabilitation if at least five years have passed since you finished your criminal sentence.

If less than five years has passed, you can fill out the form and check “For Information Only.” An officer will decide if you can get special permission to come to Canada temporarily.

What is the difference between an open work permit and an employer-specific work permit?

Open work permits enable a foreign worker to work for any employer. Employer-specific work permits enable a foreign worker to work for one employer only.

What is the difference between a “status” and a “visa”?

An immigration status is a category of entry that permits a foreign national to be physically present in Canada for a specific period of time. A visa is a document, usually inside a person’s passport that enables that person to be admitted to Canada on a status granted by that visa.

My spouse is Canadian, can I apply for permanent residence?

Yes, you can apply for permanent residence based on a family member who is Canadian. The process will differ for whether you are currently outside Canada or in the country.

Are there work visas that do not require an LMIA?

Yes, there are several categories of work visa that do not require an employer to complete an LMIA. Among them are:

  • Provincial Nominee Program (PNP)
  • Express Entry
  • Intracompany Transferee
  • International Experience Class (IEC)
  • Post-graduate work permit
  • Bridging work permit
  • Federal Skilled Worker
  • Federal Skilled Trades
What is an LMIA?

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker.

A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. A positive LMIA is sometimes called a confirmation letter.

If the employer needs an LMIA, they must apply for one.

Once an employer gets the LMIA, the worker can apply for a work permit.

To apply for a work permit, a worker needs:

  • a job offer letter
  • a contract
  • a copy of the LMIA, and
  • the LMIA number
What is the IRCC?

Immigration, Refugees and Citizenship Canada (IRCC) is the branch of the Canadian government that manages immigration across the country.

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