canadian immigration lawyer Archives - Bracelaw https://bracelaw.ca/tag/canadian-immigration-lawyer/ Professional Corporation Wed, 25 Sep 2024 18:53:45 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://bracelaw.ca/wp-content/uploads/2022/08/Brace-Law-2.svg canadian immigration lawyer Archives - Bracelaw https://bracelaw.ca/tag/canadian-immigration-lawyer/ 32 32 Rights of Refugees in Canadian Law  https://bracelaw.ca/rights-of-refugees-in-canadian-law/ Wed, 19 Jun 2024 13:00:00 +0000 https://bracelaw.ca/?p=5253 Rights of Refugees in Canadian Law are more than legal principles, they are fundamental to the country’s values and identity and include access to fair asylum processes, providing you with protection from being deported to unsafe countries, and the chance for resettlement and inclusion within Canadian communities.  The Rights and duties of refugees  This is […]

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Rights of Refugees in Canadian Law are more than legal principles, they are fundamental to the country’s values and identity and include access to fair asylum processes, providing you with protection from being deported to unsafe countries, and the chance for resettlement and inclusion within Canadian communities. 

The Rights and duties of refugees 

  • Protection from being returned to your country of origin (nonrefoulement) 

This is your fundamental right if you are seeking refuge in Canada. You will not be sent back to the country where you feel threatened for your life or your freedom is in danger based on your race, nationality, religion or because you hold 

  • Official Identity 

To authorize your stay in the country, the Government of Canada is responsible for providing you with official documentation regardless of your age, gender, race or sex. A formal document will be issued to you to prove your status in Canada by the Immigration and Refugee Board of Canada (IRB) if your claim for refugee protection is accepted 

  • Non-discrimination  

According to the Canadian Charter of Rights and Freedoms, people have: 

-       Freedom of religious thought and expression, press and peaceful assembly  

-       Right to a democratic government 

-       Right to participate in political activities 

-       Freedom to move and live in Canada, or to leave Canada 

-       Rights to life, liberty and security 

-       Equality rights 

-       Language rights 

  • Banking Service 

Just like Canadians, refugees also have the right to public and private banking services which means that you can open a bank account with any bank in Canada, transfer your funds and access all the other banking services  

  • Health 

Access to the same healthcare services that Canadians receive is your right as a refugee 

  • Employment 

You have the right to work in Canada as a refugee but if you are a citizen or permanent residence of Canada you will have to apply for a work permit 

  • Education 

If you have children under the age of 18, then they are eligible to attend school in Canada. Every child under the age of 18 has the right to attend school in Canada. If you are 18 and above and are waiting for your permanent residence, you would have to apply for a study permit to attend school 

  • Freedom of movement 

You can move freely throughout Canada and choose where you wish to live and stay, it is your right, it is your right.  If you want to travel outside of Canada you will have to apply for  Refugee Travel Document. To learn more you can visit the following website. 

  • Access to justice  

As a refugee in Canada, you have the right to seek legal advice, free of discrimination. You can contact Brace Law or Legal Aid in your province if you require any legal assistance. 

  • Social assistant benefits 

You may be eligible for social assistance benefits depending on the regulations of your province. If you wish to learn more, visit this website. 

  • Permanent residence and citizenship  

Once your asylum application is approved, you can then apply for permanent residence in Canada immediately after the decision is made. You can include your spouse and your dependent children in your application for PR, it does not matter if they are or are not in Canada. You can visit this website to get more information on the process. 

You can apply for citizenship in Canada as a refugee if you are a permanent resident and you have been physically present in the country for 3 out of 5 years. Visit this website for more information.  

  • Family reunification  

You have the right to include your dependent children and spouse in your permanent residence application once you are recognized as a refugee by the Government of Canada. Family reunification is a way to reunite refugee families in cases where the relatives are not living in Canada. 

You can bring your spouse or common-law partner, dependent children or dependent child of your dependent child under family reunification. Visit the following website to learn how you can start an application process for yourself and your family member. 
 
Want to learn more about your rights as a refugee? 
If you want to learn more about refugee rights and how to invite you family to Canada, Brace Law can provide you with expert guidance and assistance. Our team of experienced professionals can help you navigate through the process.  

To get started, contact Brace Law at 905-815-6555 or email staff@bracelaw.ca. We offer consultations and services in multiple languages, including English, Italian, Albanian, Arabic, Russian, Punjabi, Farsi, Hindi, Malayalam and Urdu. Trust Brace Law for reliable legal support! 

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Understanding the TEER Categories  https://bracelaw.ca/understanding-the-teer-categories/ Wed, 12 Jun 2024 14:39:36 +0000 https://bracelaw.ca/?p=5249 Earlier your eligibility to Canadian immigration programs was determined by the NOC code of your job, grouped according to the type of work that you do and your responsibilities. This was however changed back in November 2023. This blog will be your guide towards understanding the TEER categories that replaced NOC codes.  What is the […]

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Earlier your eligibility to Canadian immigration programs was determined by the NOC code of your job, grouped according to the type of work that you do and your responsibilities. This was however changed back in November 2023. This blog will be your guide towards understanding the TEER categories that replaced NOC codes. 

What is the TEER Category? 

TEER stands for Training, Education, Experience and Responsibilities consists of 6 categories (0,1,2,3, 4 and 5). Let’s dive deeper into understanding the TEER categories.

TEER  Occupation 
TEER 0 Management occupations. For example: Public Relations, marketing or advertising managers 
TEER 1 Occupations that require a university degree. For example: Software engineers or financial advisors 
TEER 2  Occupations that require a college diploma, 2 years or more of apprenticeship training, and supervisor jobs. For Example: Web Technicians, computer network 
TEER 3 Occupations that require a college diploma, 2 years or less of apprenticeship training, hands-on-the-job training for more than 6 months. For Example: Dental Assistants, bakers 
TEER 4 High school diploma or several hands-on-the- job training. For Example: Home Child Care Providers, Retail Supervisors   
TEER 5 Short-term jobs that require no prior education. For Example: Landscaping and grounds maintenance 

Role of TEER Category in Canadian Immigration 

TEER categories are important because: 

  • They offer an organized and uniform method for categorizing various jobs within the Canadian job market which in turn helps immigration officials in assessing the job duties and responsibilities carried out by you if you are planning to immigrate to Canada 
  • Your TEER category plays a crucial element in your eligibility for the Federal Skilled Worker Program, Federal Skilled Trades Program, and Canadian Experience Class. Points are granted based on your level of education, work history, language skills, and a job offer. The TEER category of the position being offered is a significant factor in the assessment 
  • TEER plays an important role in the LMIA process as well (this is where Canadian employers hire foreign workers to fulfil the labour market shortage). If a Canadian employer hires you through the LMIA process, your job offer must have a corresponding TEER code and your employer must prove that they have made all the possible efforts to hire Permanent residents or Canadian citizens before hiring you (foreign worker)  
  • Canadian provinces have their immigration programs as well known as the Provincial Nominee Program (PNP). If you wish to apply for a PNP, your TEER category determines your eligibility   

Want to learn more about TEER?  

If you want to learn more about the TEER categories and which category your job falls under, Brace Law can provide you with expert guidance and assistance. Our team of experienced professionals can help you navigate through the process.   

To get started, contact Brace Law at 905-815-6555 or email staff@bracelaw.ca. We offer consultations and services in multiple languages, including English, Italian, Albanian, Arabic, Russian, Punjabi, Farsi, Hindi, Malayalam and Urdu. Trust Brace Law for reliable legal support!  

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Canada has implemented a cap on international students https://bracelaw.ca/canada-has-implemented-a-cap-on-international-students/ Thu, 23 May 2024 17:17:40 +0000 https://bracelaw.ca/?p=5233 In a significant move, Government of Canada has implemented a cap on international students. Over the past few years, Canada has become a favoured choice for thousands of international students. However, an increase in frauds within the student program, a surge in international students has put a lot of strain on housing, healthcare sector, and […]

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In a significant move, Government of Canada has implemented a cap on international students. Over the past few years, Canada has become a favoured choice for thousands of international students. However, an increase in frauds within the student program, a surge in international students has put a lot of strain on housing, healthcare sector, and other essentials. This decision has been made keeping in mind the interests of international students.

Why is the cap implemented? 

On January 22, 2024, Marc Miller, the Honourable Minister of Immigration, Refugees, and Citizenship, announced that the Government of Canada has implemented a cap on international students. The decision to implement a two-year cap on study permit applications has been made to protect the interests of international students. Several institutions in Canada have made a significant amount of profit by increasing their intake, leading to students landing in Canada without proper support.  

The cap will facilitate a substantial reduction in provinces that has seen an unsustainable growth of international students in the past few years. The Canadian government plans to stabilize the recent growth over the next two years. As a part of this plan, they aim to reduce the number of approved study permit applications by approximately 35% (around 360,000) compared to 2023. The cap on the number of study permits will be distributed among designated learning institutions (DLI) within each province or territory.  

As of January 22, 2024, you will now require an attestation letter while submitting your study permit application to IRCC from the province or territory you plan to stay in during your studies. 

Who will not be affected?  

You will not be affected if you are:  

  • On a study permit 
  • Pursuing a Master’s or a Doctoral degree 
  • In elementary and secondary education 
  • Renewing your study permit 

How will the cap affect your post-graduation work permit? 

The government has also changed the guidelines for PGWP (Post Graduation Work Permit): 

  • Starting May 15, 2024, international students enrolled in public-private colleges will no longer be eligible for PGWP. So, if you start your program of studies under the public-private licensing arrangement on or after May 15, 2024, you will not be given a work permit upon graduation. You will have to obtain a work permit separately to be allowed to stay in Canada after your studies. 
  • If you are pursuing a master’s program in Canada, you will soon have the option to apply for a 3-year work permit. Currently, the length of a Post-Graduation Work Permit (PGWP) is determined by the length of the program, which can be a challenge for master’s students. This upcoming change will enable you to gain work experience in Canada for a longer period, which may help you qualify for permanent residency in Canada. 
  • An open work permit will only be issued to your spouse if you are an international student enrolled in a master’s or a doctorate course. If you are an international student enrolled in an undergraduate or other college program, your spouses are no longer eligible for an open work permit. 

Want to know if you’re still eligible for PGWP? 

If you want to learn more about the new guidelines, Brace Law can provide you with expert guidance and assistance. Our team of experienced professionals can help you navigate through the process.  

To get started, contact Brace Law at 905-815-6555 or email staff@bracelaw.ca. We offer consultations and services in multiple languages, including English, Italian, Albanian, Arabic, Russian, Punjabi, Farsi, Hindi, Malayalam and Urdu. Trust Brace Law for reliable legal support! 

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