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Immigration Law

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Immigration Law FAQs

Citizenship FAQs

To be eligible to become a Canadian citizen, you must:

Be a permanent resident

Have lived in Canada for 3 out of the last 5 years

Have filed your taxes if you need to

Pass a citizenship test

Prove your language skills
To become a Canadian citizen, you must show adequate knowledge of English and French, by proving you are able to speak and listen at the Canadian Language Benchmarks Level 4 (CLB 4) or higher. To learn more about how your language level is measured, contact our immigration lawyers at Brace Law.
No, marrying a Canadian citizen doesn’t give you Canadian citizenship. To become a Canadian citizen, you must go through the general application process. For assistance with your citizenship application, contact our immigration lawyers at Brace Law.
If you are between the ages of 18 and 54, you must take the citizenship test at the time you apply for citizenship.
This is applicable only in limited scenarios, such as being employed with the Canadian Armed Forces.
You can reapply right after receiving your decision, however, you should ensure you meet the requirements before reapplying.
Your child may be considered a Canadian citizen if at least one part (legal or biological) was either born in Canada or became a Canadian citizen prior to the birth of the child.
Yes, you can leave Canada after the application has been received. To ensure you stay eligible for Canadian citizenship, one of the requirements asks that you keep your Permanent Resident card with you on your travel so that you are to return to Canada.
Dual citizenship is when more than one country considers you to be a citizen.

Permanent Residence FAQs

The main dierence between citizenship and permanent residency in Canada is that prior to becoming a citizen, one must become a permanent resident. To be eligible to become a citizen, you must meet certain requirements.
No, you need a valid permanent resident (PR) card to return to Canada.
You must stay in Canada for at least 730 days during the last ve years to keep your permanent residency status.
No, you need a valid permanent resident (PR) card to return to Canada.
In the event that you are approved as a permanent resident, and haven’t received your permanent resident card, you may apply for a Permanent Resident Travel Document from your closest Visa Application Centre on arrival to your destination to ensure you are able to return to Canada.
No, you must apply for a PRTD from the country you are travelling to.
Your PR card will no longer be valid once you are granted Canadian citizenship.

Provincial Nominee Program (PNP) FAQs

The PNP is a program for workers that must meet certain requirements, including having specic skills, education, and work experience to contribute to a particular province or territory. To nd out how you’re eligible for the PNP, contact our immigration lawyers at Brace Law.
If you are unable to meet the requirements for an Express Entry Program, the PNP is oered as an alternative to permanent residency in Canada.

Work Permit FAQs

The requirements for a work permit vary depending on your location at the time of the application. However, a few of the conditions you must satisfy include proving that you have a job oer letter and an LMIA number. To nd out about the other eligibility requirements, contact our immigration lawyers at Brace Law.
There are several resources that may help you with your job search including Job Bank and Job Match.
An open work permit isn’t limited to one job, meaning you are exempt from requirements such as providing an LMIA.
No, you are unable to appeal on your work permit application. However, if you think your application process was unfair, you may have the opportunity to ask for a judicial review through the Federal Court of Canada. Alternatively, you may reapply.
Usually, your spouse or common-law partner will require a work permit of their own to be eligible to work in Canada.
An LMIA is a document required by a Canadian employer to hire a foreign worker. It also proves that there was no Canadian citizen or permanent resident available to do the job.
No, you may apply for a work permit itself. However, you must meet satisfy certain conditions to operate a business in Canada.
Yes, you may be able to apply to extend it or change conditions on it.
You must stop working in Canada, however, you may be able to apply to restore your status as a worker. For more information on how to do so, contact our immigration lawyers at Brace Law.
An LMIA expiry date is the date which the foreign worker must have applied for a work permit, whereas the work permit expiry date is determined by the IRCC when a foreign worker applies for a work permit. It tells you how long you can work and stay in Canada.

Study Permit FAQs

A study permit is required if you are a foreign national who intends to undergo educational, professional, vocational, or other training within Canada from a Designated Learning Institution (DLI) for a minimum of 6 months.
A designated learning institution (DLI) is an institution approved by the provincial and territorial governments to admit international students.
One main requirement is to be admitted to a DLI in Canada at the time of the application. For more information on how to obtain a study permit, contact our immigration lawyers.
No, you do not need to change your study permit if you are changing schools. You must, however, apply to change the conditions of your study permit. For more information on how to do so, contact our immigration lawyers.
You should apply for a study permit as soon as you are admitted into a DLI as processing times vary.
Processing times vary depending on the type of application you submit and the country from which you are submitting.
Applying for a study permit if you plan to study for less than 6 months depends on your location at the time of your application, and whether you are a fully vaccinated traveller. For more information on how to apply, contact our immigration lawyers.
You can work while studying in Canada if there is a condition on your study permit that allows you to do so. However, you cannot work in Canada prior to your study program beginning.
To be eligible to work in Canada after you graduate, you can apply for a postgraduation work permit (PGWP) from inside Canada if you meet the eligibility requirements. For more information about the application process, contact our immigration lawyers at Brace Law.
Yes, you are able to travel to your home country while on a study permit. However, you will require either a visitor visa or an electronic travel authorization (eTA) upon return as your study permit alone doesn’t authorize re-entry into Canada.
You may stay in Canada for the duration of your study program at a DLI, in addition to 90 extra days.

Sponsorship FAQs

To be eligible to sponsor certain relatives, you must meet certain requirements such as be 18 years of age or old or hold a specific status in Canada.
You must meet certain requirements such as providing nancial support and meet set income guidelines.
You are nancially responsible for the person you sponsor from the day they become a permanent resident till the “length of the undertaking,” which varies based on the relationship with the person you sponsor.
Your application may be considered complex in instances where your dependant(s) turned 18 since you applied or got married and had children of their own. To nd out if you require a complex family sponsorship application, contact our immigration lawyers at Brace Law.
You must meet certain requirements such as being outside of Canada and meet the denition of a refugee class under Canada’s Immigration and Refugee Protection Act.
You may provide evidence to support your application such as showing shared ownership of residential property or bills for shared utility accounts.
A common-law partner is an individual who is cohabiting for one year.
You cannot sponsor a refugee on your own. They are eligible to be sponsored through private groups authorized under the Private Sponsorship of Refugees Program, including organizations or groups of five.

Temporary Resident Visa (TRV) FAQs

If you are not a Canadian citizen or permanent resident in Canada, you may need a TRV to be authorized to enter Canada for instances such as vacation or visiting family.
No, each individual must complete and sign their own applications for Temporary Resident Visa, in addition to other forms as needed.
To be eligible for a TRV, some conditions you must satisfy include having sucient funds to maintain yourself and to return home by the end of your stay.
A visitor visa permits you to leave and re-entry to Canada whereas a visitor record grants a visitor status in Canada and allows them to extend their stay in Canada as a visitor.
In some circumstances, you may need an Electronic Travel Authorization (eTA) to transit through Canada by air. The requirements vary depending on your mode of transportation.
You may need an eTA if you are a traveller who doesn’t require a visa to visit Canada, and if you are travelling by air.
To know more about vaccinations for international travel, continue to follow government guidance.

Super Visa FAQs

A super visa lets you visit your children or grandchildren for up to 5 years at a time. It’s a multientry visa that provides multiple entries for a period up to 10 years.

People who have a super visa also have the option to request to extend their stay by up to 2 years at a time while in Canada.
Currently, only Canadian insurance providers can provide the necessary medical coverage that super visa applicants are required to have. Information about any designated medical insurance companies located outside of Canada will be communicated on IRCC’s website at a later date.
The Super Visa is a multientry visa that provides multiple entries for a period up to 10 years. The key dierence is that the Super Visa allows an individual to stay for up to ve years at a time in Canada, while a 10-year multiple entry visa would only have a status period for each entry of six months only.
To be eligible for a super visa, you must be the parents or grandparents of Canadian citizens or permanent residents and meet other eligibility requirements. For more information on how to apply, contact our immigration lawyers at Brace Law.
With the parent and grandparent super visa, eligible parents and grandparents can visit family in Canada for up to ve years without the need to renew their status.

Business Visitor FAQs

To enter Canada as a business visitor, you must be visiting for international business activities or without directly entering the Canadian labour market. This may include someone who is invited for training by a Canadian company.
No, you don’t need a work permit to carry out your business activities. However, in some circumstances where you extend your stay or plan to carry out other duties, you may require a work permit. For more information, contact our immigration lawyers at Brace Law.
The Self-Employed Persons Program allows individuals to immigrate to Canada under the category of selfemployed. If you are interested in learning more and how to meet the eligibility requirements, contact our immigration lawyers at Brace Law.
Canada’s Start-Up Visa Program provides an alternative route for entrepreneurs from abroad to build businesses in Canada.

Express Entry FAQs

Canada’s Express Entry Program is a point based immigration system that allows people to come to Canada as a skilled professional.
A valid job offer under Express Entry may be fulltime and for at least one year, for instance.
A NOC code is a way to classify occupations according to their skill level and type.
No, as of November 19, 2016, a valid job oer for express entry needs only for a minimum of one year.
A primary occupation is the job you have experience in and want to base your application on, if you are invited to apply.

Refugee FAQs

You may seek refugee protection in Canada if you fear persecution or would be in danger if asked to leave Canada. These risks may include torture or risk to life. If you feel you could be in danger of any of these, contact our immigration lawyers at Brace Law.
To be eligible, you must be in Canada and can’t be subject to a removal order in Canada.

If you want to make a claim from outside of Canada, you may resettle in Canada as a refugee, or immigrate to Canada through an alternative program. For more information on your options, contact our immigration lawyers at Brace Law.
Yes, you may be able to appeal a refugee claim to the Refugee Appeal Division (RAD) in certain circumstances. To know if you’re eligible to make an appeal, contact our immigration lawyers at Brace Law.
You can resettle in Canada under a convention refugee status if you meet certain criterion such as being away from your home country with an inability to return due to fear of persecution based on several reasons.
If your appeal is dismissed, you may be eligible to make an application for judicial review to the Federal Court of Canada. To know if you’re eligible to make an application, contact our immigration lawyers at Brace Law.

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