IRCC adjusts the proof of funds amounts on an annual basis, using 50% of the low-income cut-off totals as the benchmark. To maintain eligibility, individuals need to update their settlement fund figures in their Express Entry profiles. These funds serve as evidence that applicants possess sufficient financial resources to settle in Canada. It is mandatory for anyone receiving an invitation to apply (ITA) through an Express Entry draw to provide written proof of these funds. 

It’s important to note that applicants under the Canadian Experience Class category are exempted from demonstrating the ability to support themselves and their families financially. Moreover, individuals who hold valid job offers and are authorized to work in Canada are also exempt, irrespective of whether they apply through the Federal Skilled Worker Program or the Federal Skilled Trades Program. 

Who is required to show proof of funds?  

This requirement applies to those seeking to meet the minimum criteria of the Federal Skilled Worker Program and the Federal Skilled Trades Program. 

The specific amount of funds needed varies depending on the size of the candidate’s family, which includes themselves, their spouse or common-law partner, and dependent children from either party. It’s worth mentioning that even if these family members are Canadian citizens or permanent residents who are not relocating to Canada, their financial inclusion is mandatory. 

To demonstrate proof of funds, individuals must obtain official letters from their respective banks or financial institutions where they hold accounts. These letters must be printed on the institution’s letterhead and include relevant information such as contact details, outstanding debts, and comprehensive details of all current banking and investment accounts held by the applicant, including account numbers, opening dates, current balances, and average balances over the past six months. 

IRCC emphasizes that the funds must be accessible both during the application process and upon receiving the permanent resident visa. Applicants must provide evidence that the funds can be legally accessed upon arrival in Canada. Notably, using real property equity as proof of settlement funds or borrowing money from another person is not acceptable. 

Furthermore, applicants must demonstrate their ability to utilize these funds to cover their family’s living expenses, even if the family members are not accompanying them to Canada. If the applicant is immigrating with a spouse or partner, funds held jointly can be counted. In some cases, the spouse’s separate account may also be considered, provided it can be proven that the funds are accessible as needed. 

Considering the varying cost of living across Canada, IRCC advises applicants to bring as much money as possible, facilitating their transition and the process of finding a home within the country. It is essential to declare any amount exceeding CDN$10,000 to the border officer upon arrival in Canada.  

Failure to do so may result in penalties and confiscation of the undeclared amount, including cash and documents representing payable property or capital, such as stocks, bonds, debentures, and treasury bills. It also covers documents guaranteeing payment, such as banker’s drafts, checks, money orders, and travellers’ cheques. 

By ensuring the availability of sufficient funds, this update aims to streamline the immigration journey for Express Entry candidates, enhancing their prospects of a successful transition to Canada. 

Don’t leave your immigration journey to chance or rely on unreliable sources. Partner with Brace Law to benefit from our proven track record of helping countless individuals achieve their Canadian immigration goals. 

Contact Brace Law and schedule a consultation. Our dedicated team is committed to understanding your aspirations, addressing your concerns, and charting a clear path towards your successful immigration to Canada. 

Secure your immigration success today. Contact Brace Law and let us guide you through the complexities of the Express Entry program with professionalism and expertise. We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. 

Together, we’ll make your Canadian dreams a reality. 

The post Express Entry Proof of Funds Requirement Updated by IRCC appeared first on Bracelaw.

The case of Barot vs. Canada (Citizenship and Immigration) brought this matter to light. The applicant, a 23-year-old Indian citizen, sought judicial review of an IRCC visa officer’s decision to reject his study permit application. The applicant held a Bachelor’s Degree in Management Studies from the University of Mumbai in 2020 and applied for a study permit in 2021 to pursue a post-graduate certificate in entrepreneurship management at Canadore College.

Despite being accepted by Canadore College, the applicant’s study permit application was denied by the visa officer, who deemed the applicant’s academic proficiency insufficient to complete his studies in Canada. The applicant’s submitted transcripts revealed below-average grades, particularly in core subjects. Consequently, the officer concluded that the applicant lacked genuine student status and that his chosen program of study was unreasonable.

Additionally, the Court ruled that visa officers are not obligated to provide explicit explanations for considering an applicant’s grades to be subpar, even if a Canadian post-secondary institution has admitted the student.

This ruling has significant implications, highlighting the wide discretion visa officers possess in refusing applications. If you are a student with lower grades, it is essential to address concerns proactively and present compelling arguments regarding how those grades will or will not impact your ability to complete your proposed studies.

This decision underscores the importance of maintaining academic proficiency and highlights the need for students to demonstrate their capability to excel in their chosen field of study. It is crucial to diligently address any concerns regarding grades and provide persuasive justifications to assure visa officers of your commitment and potential for academic success.

Aspiring students should take note of this ruling and strive to present a strong case that allays any doubts regarding their ability to thrive academically in Canada. It is prudent to seek professional guidance and support when navigating the study permit application process to increase the likelihood of a favourable outcome.

Remember, academic excellence and careful preparation are key to securing your study permit and embarking on a successful educational journey in Canada.

Guide to Applying for a Student Visa

If you’re considering studying in Canada and wish to apply for a study permit, it’s important to follow the application process diligently. To be eligible for a study permit, prospective students must fulfil the following criteria:

1. Secure a Letter of Acceptance: Obtain a letter of acceptance from a designated learning institution in Canada.
2. Show Financial Support: Demonstrate that you have sufficient financial resources to cover your first year of tuition, living expenses, and return transportation to your home country.
3. Quebec Acceptance Certificate (CAQ) (if applicable): If you plan to study in Montreal or elsewhere in the Province of Quebec, obtain a Certificat d’acceptation du Quebec (CAQ).
4. Maintain a Clean Record: Ensure that you have a clean criminal record and do not pose a risk to Canadian security. In some cases, IRCC may request a police clearance certificate.
5. Maintain Good Health: Be in good health. IRCC may request a medical examination to verify your health status.
6. Demonstrate Intent to Depart: Convince the immigration officer that you have genuine intentions to leave Canada at the end of your authorized stay as granted by the study permit.

It is advisable to submit study permit applications as soon as you receive your letter of acceptance from the learning institution, as processing times may vary.

Student Direct Stream (SDS)

The Student Direct Stream (SDS) program expedites the study permit application process for eligible international students, making it faster and more efficient. The SDS is available to residents of the following 14 countries:

• Antigua and Barbuda
• Brazil
• China
• Colombia
• Costa Rica
• India
• Morocco
• Pakistan
• Peru
• Philippines
• Senegal
• St. Vincent and the Grenadines
• Trinidad and Tobago
• Vietnam

Applications eligible for SDS are typically processed within 20 days. To apply for a Canadian study permit through the SDS program, prospective students must:

1. Provide a Letter of Acceptance: Submit a copy of the letter of acceptance from a Canadian Designated Learning Institution.
2. Complete Medical Examination: Present a confirmation document for the upfront medical examination.
3. Demonstrate Financial Capacity: Prove that you have obtained a Guaranteed Investment Certificate (GIC) of $10,000 and that you have paid the tuition fees for the first year of study.
4. Language Proficiency: Show proof of language test results, completed within two years of the SDS application, demonstrating an IELTS score of 6 in English or NCLC 7 for French.
5. Submit Application at a Visa Application Centre (VAC): Submit the study permit application at a designated Visa Application Centre.

Following these guidelines will help ensure a smooth and efficient application process for your Canadian study permit. Remember to carefully adhere to the requirements and provide all necessary documents to support your application. Seeking professional advice and assistance can also be beneficial to increase your chances of a successful outcome.

Embark on your educational journey in Canada with confidence, knowing that you have followed the appropriate procedures and requirements for obtaining a study permit.

Seeking the right legal guidance is crucial when navigating the complexities of study permit applications. To ensure the best possible outcome, consult Brace Laws—a trusted and experienced firm specializing in immigration and visa matters. Our expert team will provide personalized assistance, helping you address concerns related to low grades and presenting compelling arguments to strengthen your application. We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

With Brace Laws by your side, you can confidently embark on your educational journey in Canada. Contact us today for expert advice and support.

The post Federal Court Upholds IRCC’s Authority to Refuse Study Permit Applications Based on Low Grades appeared first on Bracelaw.

The IRCC (Immigration, Refugees and Citizenship Canada) announced a public policy extension that would allow foreign nationals visiting Canada the opportunity to apply for a work permits while in Canada. This policy was first introduced during the covid-era, allowing foreign nationals the opportunity to apply for a work permit without having to leave Canada, which greatly benefited employers as they were able to find workers who were ready to begin employment as they were already in Canada.

Originally this public policy was set to expire in February 2023, however with the temporary extension, the policy will now be extended until February 2025.

In order to be eligible under this public policy, foreign nationals in Canada would need to apply for a work permit and receive a valid job offer from a prospective employer. A job offer must meet the criteria of eligibility including that the written offer is a minimum of one year of employment in a full-time non-seasonal work setting, and the job offer must be supported by LMIA or LMIA-exempt offer of employment.

A Labour Market Impact Assessment addresses key concerns in the labour market by confirming through the application process the need to hire foreign workers to fulfill an employment opportunity as the job has remained vacant and was unable to be filled with a Canadian worker or permanent resident. A positive LMIA result would confirm that there is a labour shortage and allow the employer the opportunity to hire a foreign national to temporarily fill this position.

This is different from a LMIA-exempt offer which allow foreign workers the opportunity to apply for a job position with a specific employer, however they do not require a positive LMIA application. Known as the International Mobility Program (IMP), this program was created to promote Canada’s social, economic, and cultural interests by allowing expedited work permits for foreign workers deemed to have a future significant impact and benefit on Canada’s society. As a result, the foreign worker becomes exempt from obtaining a positive LMIA from their future employer.

Candidates must also prove a valid visitor status in Canada when applying. If applicants received a valid work permit within the past 12 months, they could request interim work authorization which would allow the applicant to begin working with the employer, prior to the work permit application being finalized.

This public policy extension was announced as a tool to continue to fill job vacancies within the Canadian labour market and reduce the effects of labour shortages. From the onset of Covid, Canada has done a good job of introducing public policy framework which encourages foreign nationals to join the labour market, and as of January, Canada’s unemployment rate stands low at 5% to considerable higher periods.

If you need help in obtaining your work permit, book a consultation with Brace Law to help explore available options and navigate this process together. With Brace Law, you can Consider It Handled.

We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

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