1. Do you provide free information for Immigration and Paralegal services to people who are applying for any service provided at Active Professionals?
No. This is due to the many time consuming complications that arise which take our staff away from the duties and responsibilities of serving our clients. We recommend to all of you to book a private consulting time to know all of your options and to ask all of your questions at once. It cost you a nominal fee and we will provide a clear crystal idea about your options after knowing the background information. There is no obligation to retain our services after initial consulting meeting.
2. Do you have office in other provinces?
Active Professionals have association with Certified Canadian Immigration Consultants, Members of Canadian Immigration Consultants for Canadian Immigration Services in Edmonton and Ontario. Contact us, if you prefer to meet an Immigration Consultant at your local city.
3. What is the New Family Stream in Alberta?
First time in Alberta on June 19, 2008, Government of Alberta announced new Family Stream. Eligible Albertans may sponsor a parent, child, brother, sister, aunt, uncle, niece or nephew for provincial nomination. The family members coming to Alberta will have to meet provincial eligibility criteria and be able to join Alberta’s labour market. They must have post-secondary education, work experience, and be between 21 and 45 years old. Applicants do not need to have a job before they apply. The sponsoring family member living in Alberta will act as a vital support system to help the newcomers while they settle in.
4. Who is eligible to make application to the Alberta Provincial Nominee Program under Skilled Worker?
Alberta companies that are eligible to apply to the PNP are defined as incorporated or registered by or under an act of the legislature of a province or the Parliament of Canada, operating as a business that has an established production capacity, plant or place of business in Alberta.
Employers are reminded that the Alberta PNP is a strategic program, focused at high skilled occupations. These occupations typically fall within the Skill Type O, or Skill Levels A or B of the National Occupational Classification (NOC) codes
.
5. I would like to immigrate to Alberta, but I do not have an employer or a job offer. Can I still apply to the Alberta provincial Nominee Program?
No. Individuals who wish to immigrate to Alberta but do not have job offer or employment with an approved Alberta employer may contact Citizenship Immigration Canada to apply for immigration.
6. Can an individual who is considered a refugee apply under humanitarian grounds to the Alberta Provincial Nominee Program?
The Alberta PNP is an economic program to address skill shortages where training, education and experience have been demonstrated, with the potential employee occupational ready. It is not the mandate of the Alberta PNP to interfere with the federal Citizenship Immigration Canada refugee claim, appeal or removal.
7. Who qualifies as a Skilled Worker Immigration?
Skilled workers have education, work experience, knowledge of English and/or French and other abilities that will help them to establish themselves successfully as permanent residents in Canada. These skills must be readily transferable to the Canadian labour market.
8. Does it help to have a relative in Canada?
Yes, having a close relative in increases your point score under the selection system. The relative must be a permanent resident or Canadian citizen and he/she must be a "close relative" as defined in the Immigration Act. You must provide documentation as proof of the relationship.
You must pay a processing fee when you submit your application. The processing fee is non-refundable, even if your application is refused. The Right of Landing Fee (ROLF) is required for every adult in your family. Unlike the processing fee, the ROLF is refundable if an immigrant visa is not issued or used, or if you withdraw your application. The ROLF can be paid at any time during the application process, but must be paid before an immigrant visa can be issued. You will also have to pay other fees such as those related to the medical examination and police clearance.
10. Who is included in my application?
If you are married, either you or your spouse may apply as the principal applicant. Both of you should complete the assessment form so we can determine which of you would receive a higher point score and should therefore apply as the principal applicant. The other spouse will apply as the dependent. You should also include on your application all dependent children whether they are accompanying you to or not. Your dependants must pass a background-check and a medical examination. All family members 18 years of age or older must complete their own individual application form.
11. I cannot fit all the information on the application form. What should I do?
You should complete the form by printing or typing clearly, and please remember to sign your application form. If you need more space to answer any questions, attach separate pages. When you have signed the form, it becomes a legal document; the information you have provided must be truthful, complete and correct to the best of your knowledge. It is an offense under the Immigration Act to knowingly make a false or misleading statement. If any information changes before you arrive in (even if your visa has already been issued), you must inform the Visa Office which you applied to in writing. If you are not sure, then it is better to ask a professional.
12. Do I need a passport or travel document?
You and your defendants must have valid passports or travel documents. If any documents are soon to expire, you should renew them. Diplomatic, official, service or public affairs passports cannot be used to immigrate to Canada. The validity of your visa may be affected by the validity of your passport.
13. Do I have to attend an interview?
A visa officer will review your application and decide if an interview is necessary. If so, you will be informed of the time and place. Your spouse and dependent children aged 18 or over will be asked to come with you. The visa officer may ask about your job, work experience, education, reason for immigrating, your plans and preparations. The officer may also ask about your family, spouse and/or dependants, your health, financial situation or past difficulties with the law. There may be questions to determine your ability to settle successfully in Canada. Your answers will help them to assess your personal suitability, occupational expertise and professional qualifications. The purpose of the questions is to evaluate your motivation, initiative, adaptability, resourcefulness and overall ability to settle successfully in.
14. Do professionals need registration and licensing to work in Canada?
In Canada, approximately 20% of occupations are regulated to protect the health and safety of Canadians (e.g., nurses, engineers, teachers, electricians). People who want to work in regulated occupations need to obtain a license from a provincial regulatory body. Licensing requirements often include education from a recognized school, Canadian work experience and completion of a technical exam. Fees for exams can be costly and are the responsibility of the applicant. Final assessment by the provincial authority can only be done after you are in with permanent resident status.
15. What is the difference between a pardon and file destruction?
When a person is found guilty and convicted of an offence they require a pardon. The record, including fingerprints, photographs, and RCMP and court records are then sealed, and never opened unless the individual is subsequently charged with a criminal offence.
File destructions and purges apply to records where an individual was accused, fingerprinted and/or attended criminal court, but not convicted. In the case of file destructions and purges your fingerprints and photographs will be destroyed.
16. For how long is my immigrant visa valid?
Normally, immigrant visas are valid for 6 to 11 months from the date of issuance. The validity date is based upon the earlier of your or your dependants' passport validity date(s) or of the medical validity date. Immigrant visas cannot be extended once issued. If the visa expires before applicants have used the visa, they must reapply for immigration.
17. I intend to live in the Province of Quebec upon my arrival in Canada. Are there any special requirements for immigrating to this province?
Yes, the Province of Quebec selects its own independent immigrants. If you wish to live in Quebec , you are required to obtain a “Certificat de sélection du Québec (CSQ)” and attach it to your application for permanent residence in Quebec. We recommend that you immediately contact the Quebec Immigration Office.
18. I wish to apply for immigration to Canada. How does the point system work? If I score 67 points am I guaranteed?
Canada's current immigration system is based upon a points system. You must score at least 67 points to succeed. Scoring 67 points does not guarantee a successful immigration application; it only leads to a large discretion in your favor. You need to count these points very carefully. It is important that you understand how these immigration points accumulate because if your point total is insufficient, your application will be rejected. If the immigration officer believes that you will not succeed in integrating into the Canadian lifestyle he/she can still reject the application. The present system is aimed at recruiting primarily skilled workers called Independent class and Business class. Family dependents, such as the parents and dependent wife/ husband can immigrate without points because they are going to be supported by sponsors who will qualify under the point system.
19. What is a 'Temporary Foreign Worker?
A Temporary Foreign Worker is a designation made by the federal government regarding a person's status in Immigration. In short, they are workers who are brought to by a specific employer to work for a limited period of time. To receive permission to bring in temporary workers, an employer must demonstrate that they are unable to find workers in to do the work.
Temporary workers are different than immigrants because they are not allowed to remain in permanently. The temporary worker has a more limited range of rights than Canadians or permanent landed immigrants, because their presence in is linked to a specific employer. Initially, they are not allowed to remain in or apply for citizenship. With the agreement of the employer, they may be transferred to a program that allows them to remain in the country. However, the process is employer-driven, and puts these workers in a vulnerable position
.
20. What is a Canadian work permit?
A Canadian work permit is a temporary resident visa issued by Citizenship and Immigration Canada to grant permission to foreign workers seeking to engage in employment in. It has a typical maximum validity of up to one year, although work permits can be issued for up to two years in some cases.
21. Who qualifies for a temporary employment authorization?
Generally, a temporary employment authorization may be issued to a person in good standing, where in the opinion of an immigration officer, employment of the person in Canada will not adversely affect employment opportunities for Canadian citizens or permanent residents in Canada or affect the settlement of any labour dispute that is in progress at the place or intended place of employment. Such an opinion is usually formed following a favorable employment validation process conducted by a Human Resources Development Centre in and in the absence of a medical or security inadmissibility.
21. Is a work permit necessary in every Canadian province?
Yes, such authorization is required to engage in work in any province in Canada. However, foreign workers seeking to be employed in the province of Quebec may be additionally required to obtain a Certificat d'acceptation du Québec (CAQ) to be eligible.
22. What is considered work?
Work is defined in 's laws as any activity for which an individual receives payment, or one that competes directly with Canadian citizens or permanent residents in the Canadian Labour Market. "Work" may therefore include some unpaid positions (i.e., internships), situations in which a foreign individual is self-employed, and other situations which may not be apparent.
23. Is a work permit always required?
No, exemptions exist by which a foreign individual may not be required to obtain a work permit. Positions which do not meet the definition of work would not be subject to the requirement. In addition, there are circumstances in which a foreign worker may be allowed to engage in work in without a permit. The most common example of such is the Business Visitor (R186a).
24. Once a work permit is issued, can I change employers?
It would generally be necessary to seek a new work permit in order to engage in work with a different employer. A work permit is generally issued on the basis of an intention to work in a specific position and for a specific employer.
25. Will a work permit lead to permanent resident status?
A work permit is a temporary resident visa. However, there is no bar to an application for permanent resident status while residing in as a temporary resident with a work permit.
An application for permanent resident status is not, in itself, grounds for extension of a work permit, however
.
26. Can I work in on the basis of a work permit in another country?
No, it would still be necessary to obtain a Canadian work permit. Conversely, a Canadian work permit does not automatically entitle an individual to work in any other countries.
27. Who can make a job offer?
A job offer is made by an employer that requires the services of a foreign individual in Canada. The most common situation, of course, is for the offer to be made by a Canadian company seeking to engage a foreign worker. However, alternate situations may exist which may mean that the offer is issued under less common circumstances. These may include: an offer made by a foreign employer seeking the employment of an individual at the location of a Canadian client site; an offer made by a foreign company seeking to transfer an existing employee to a new Canadian division.
28. What should be contained in the job offer?
The job offer should contain the details of the position being offered, including: the title of the position being sought in ; the responsibilities associated with that position; remuneration for employment; the duration of the position; and the location of employment.
Depending on the specific category of the work permit application, additional details may have to be included in the offer.
29. Can I seek a work permit without a job offer?
The answer is almost no. Although it may not take the form of a typical job offer, there must be a specific position of employment or business interest being pursued in Canada. It is not possible to seek a work permit for the purpose of seeking employment in Canada.
30. What is job offer confirmation?
Job offer confirmation is conducted by Service Canada (Human Resources and Skills Development Canada). This organization works in conjunction with Citizenship and Immigration Canada to ensure that the employment of foreign workers has an overall beneficial effect to Canada.
The confirmation process is intended to ensure that the employment of a foreign worker does not have any negative labour market impact in Canada. This generally entails that the Canadian employer has made a significant effort to hire a Canadian for the position of employment, that that effort was unsuccessful, and that the foreign worker is qualified for the position.
Depending on the nature of the position and the location of the job offer, there may exist recognized shortages, which can facilitate confirmation of certain job offers. Current examples include certain information technology professionals, construction workers in some locations, and live-in-caregivers
.
31. How long does confirmation take?
The duration of the confirmation process depends on a number of factors, including the specific location at which the offer is being made. Additional delays may occur in the case that the Canadian employer is not capable of demonstrating that a significant effort to hire a Canadian has taken place. In such a case, it may be necessary to spend time engaging in an advertising effort prior to being able to conclude the confirmation application.
32. Is confirmation required for every job offer?
No, exemptions from the confirmation requirement exist. Common examples of such exemptions include international treaties such as NAFTA or GATS, and positions which offer a significant benefit to Canada. Other programs, such as Facilitated Processing of Information Technology Workers (Pilot Project), offer blanket confirmation of certain positions of employment, meaning that the entire confirmation process is not required.
33. Are any positions not eligible for confirmation?
There are no job definitions that are specifically excluded from receiving confirmation. However, positions that do not require specialized abilities or skills will often be more difficult cases. As there is typically a large basis in the labour market capable of filling such positions, it may be inherently difficult to achieve confirmation of such positions.
34. What is Human Resources and Social Development’s (HRSDC) role?
Human Resources and Social Development Canada’s (HRSDC) role is to develop a Labour Market Opinion and will examine several factors. Some of the factors considered include whether the hiring of a foreign national will help create opportunities or benefit for Canadian job seekers; and whether working conditions and wages offered are in line with what Canadians would expect.
35. What is Citizenship and Immigration’s (CIC) role?
When Human Resources and Social Development Canada issues a positive labour market opinion. Citizenship and Immigration Canada (CIC) will evaluate an application from the worker, ensuring that the applicant meets the requirements of the position and other requirements of Immigration legislation.
36. As a Caregiver, when can I sponsor my family members to come to Canada?
Your family members living in Canada and abroad may be included in your application for permanent residence in Canada. This means that their applications for permanent resident status will be processed at the same time as yours. However, all your family members, both in Canada and abroad, must pass medical and background checks, whether they are accompanying you or not. You cannot acquire permanent resident status until your family members have passed these checks. After all requirements have been met, you and your family members in Canada will be invited to the Citizenship and Immigration Canada office nearest your home to be given permanent resident status. An officer will then issue immigrant visas to your family members living outside Canada who were included on your application. Your family members can then come to Canada and acquire confirmation of permanent residence on their arrival.
37. As a Caregiver, how much should I be paid if I am asked to work extra hours or during a day off?
The amount should be based on standards set by your provincial or territorial department of labour under employment standards legislation. You should be paid for overtime according to the law or as specified in your contract if the amount in the contract is higher.
38. As a Caregiver, can I refuse to work for personal or religious reasons?
There should be a clear understanding in the contract of the hours you are required to work and your time off, including holidays and vacations. Requirements for time off to deal with special matters should be cleared with your employer before you sign a contract. You have the right to refuse duties that are not in your contract.
39. As a Caregiver, can I return to my home country for vacation?
Yes, but there are several facts you should be aware of. Your vacation entitlement should be specified in your contract with your employer. If you take a longer vacation than you have agreed to in your contract, you could lose your job in Canada.
If your home country has a Canadian temporary resident visa (TRV) requirement, you may have to reapply for a TRV before you can return to Canada. This could take time.
If you remain outside Canada for more than one year, or if your work permit expires while you are outside Canada, you will have to reapply to return to Canada under the Live-in Caregiver Program
.
40. As an Employer, can I fire an incompetent employee?
Yes. If an employee does not carry out the duties as agreed to in the contract, you can give him or her required notice or pay in lieu of notice.
41. As an Employer, am I responsible if my employee becomes sick, has an accident, is hospitalized or needs home recovery?
Your employee is entitled to sick leave as specified in provincial or territorial legislation. Do not force your employee to work if he or she is ill. Your employee should be covered under the required health or workers' compensation plan of the province or territory of work. Your responsibility would depend on the coverage provided under these plans. Your employee may also be eligible to collect Employment Insurance sickness benefits.
42. Who can become a Canadian citizen as an adult?
To become a Canadian citizen as of July 2008:
you must be 18 years of age or older;
you must be a permanent resident who has lived in for three of the four years preceding the application;
you must be able to communicate in English or French; and
you must have knowledge of, including the rights and responsibilities of citizenship
.
43. Who can become a Canadian citizen as a child?
Parents or legal guardians may apply for citizenship on behalf of a minor (under 18 years of age) as soon as the minor receives permanent resident status. To apply on behalf of a minor, one parent must already be a Canadian citizen or must be applying to become a citizen at the same time.
44. Who cannot become a Canadian citizen?
In general, you cannot become a Canadian citizen if:
you are in prison, on parole or on probation or you were in prison, on parole or on probation for a year or more in the past four years;
you are currently charged with an indictable offence (a crime);
you were convicted of an indictable offence or crime, or an offence under the Citizenship Act in the three years preceding your application;
you are under a removal order;
you are under investigation for or you were convicted of a war crime or a crime against humanity; or
your Canadian citizenship has been taken away (revoked) in the past five years.
45. How much does it cost to apply for Canadian citizenship?
As of July 2008, the fee for adults is $200. For children under 18, it is $100. Fees can be changed at any time. Contact Active Professionals for update.
46. What should I do if I move after I apply for citizenship?
You must inform the Citizenship and Immigration Canada immediately either through on line or calling to the call centre.
47. What if my application is turned down?
If you do not meet all the requirements for becoming a Canadian citizen, CIC will send you a letter explaining why you cannot become a citizen right now and what you can do next.
48. Will I get my money back if I am turned down for citizenship?
The fee for an adult application includes the $100 right of citizenship fee. If you are not granted citizenship, CIC will send you a refund for this $100 fee only.
A child cannot become a citizen unless one of the parents is already a citizen or becomes one at the same time. The child’s fee is not refundable. If you are not already a Canadian citizen, make sure you meet all the requirements before you apply for your child
.
49. Do children have to write a test and take the oath?
Children who are under 18 years of age at the time of application do not have to write the citizenship test. Only people between the ages of 18 and 54 have to write the citizenship test. If you are 55 or older, you do not have to write the test.
Children who are 14 and older must attend the citizenship ceremony to take the oath of citizenship. Children under the age of 14 are not required to take the oath of citizenship
.
50. Can I apply for a child if I am not the parent?
A child’s legal guardian may apply for citizenship on behalf of the child if the child has at least one Canadian parent (natural or adoptive). If a child has a Canadian legal guardian but no Canadian parent (natural or adoptive), the child is not eligible for citizenship.
51. I am still a citizen of another country. Will I lose that citizenship if I become a Canadian?
Under Canadian law, a Canadian is allowed to be a citizen of another country as well. Some countries, however, will not let you keep their citizenship if you become a Canadian citizen. The consulate or embassy of your country of citizenship can let you know if this applies to you.
52. Could I be a Canadian citizen and not know it?
In general, if you were born in, you are a Canadian citizen. You are also a Canadian if you were born in another country after February 14, 1977, and one of your parents was a Canadian citizen at the time of your birth.
53. What happens if I miss the citizenship test, my interview or the ceremony?
We will mail you notices telling you when and where to go for your citizenship test and for your citizenship ceremony. If you do not appear for the citizenship test, you will be scheduled to appear for an interview with a citizenship judge. If you miss that interview or do not attend the citizenship ceremony, your file will be closed. You will then have to fill out another application form and pay the fee to go through the entire process again.
54. Can I have dual citizenship?
Since 1977, Canadian citizens have been allowed to hold dual nationality. They will not lose their Canadian citizenship if they become a citizen of another country. Before February 15, 1977, a Canadian citizen who became a citizen of another country ceased to be Canadian, except in rare circumstances.
55. Are you a Law Firm and do you Provide Legal Advice?
NO, Active Professionals does not offer any legal advice nor is it entitled to practice law in accordance with Sections 106 and 107 of the Legal Profession Act, R.S.A. 2000, c. L -8. There is no one a Barrister and Solicitor (Member of Law Society of Alberta) at present
.
56. Where can I find more information about Canadian Immigration?
Contact Active Professionals at 403-590-3818 to set up a Consulting appointment.
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