8 Frequently Asked Questions About Immigration Law

Ted Cameron 2016-04-13 13:00:00

If you are dealing with immigration issues then you probably have many questions surrounding immigration law in Canada. Here are some common questions you might have:


1. What is permanent residence in Canada?
Getting permanent resident status or permanent residence in Canada means the sam thing as becoming a landed immigrant or immigrating to Canada. If successful, the end result of the process is the person being issued an immigrant visa or confirmation of permanent residence document.

2. What benefits does a person have as a permanent resident of Canada?
Permanent residents of Canada/landed immigrants have all of the same privileges and rights as citizens with three exceptions:
a)  permanent residents cannot vote;
b)  permanent residents can be deported for certain criminal convictions; and
c)  permanent residents can’t hold a Canadian passport.

3. Do I have to stay in Canada if I become a permanent resident?
A permanent resident must be, within any five year period:
a)  physically present in Canada for at least two years (730 days) in that five year period
b)  outside of Canada, employed by a Canadian business on a full-time basis
c)  an accompanying spouse, child, or common-law partner of a permanent resident, who is outside of the country and employed full-time by a Canadian business
d)  outside of Canada, accompanying a Canadian citizen who is her or his common-law partner or suppose or a child accompanying a parent.

4. How do I become a permanent resident of Canada?
To be eligible to immigrate to Canada, a person has to meet the requirements of one of these categories:
a)    Federal Skilled Worker Class
b)    Federal Skilled Trades Class
c)    Business Class
d)    Canadian Experience Class
e)    Family Class
and apply for Permanent Residence in Canada through a designated Case Processing Centre/Centralized Intake Office.

5. How do I become a citizen of Canada?
After a person has been residing in Canada for three out of four years as a landed immigrant/permanent resident, he or she is eligible to apply for Canadian Citizenship.

6. Why should I hire an immigration lawyer? Why can’t i apply for Permanent Residence on my own?
Many people know they have all of the qualifications to immigrate here and have all of the necessary documents, yet when they apply for Permanent Residence in Canada, they fail. Among the services that an immigration lawyer will provide include making sure that your letters of reference comply with the standards set by Citizenship and Immigration Canada; making sure your application forms have been filled out properly and completely; and drafting legal arguments that will go with your application package and which will state the case why you should be issued Canadian Permanent Residence. You will want to find an experienced and knowledgeable immigration lawyer, such as the team at Bellissimo Law Group.

7. What is the difference between an immigration lawyer and an immigration consultant?
The services immigration consultants provide to immigrants can be limited. Consultants can help you fill out immigration forms, but they can’t go and appear for you in Federal Court if your case is refused.

An immigration consultant only needs to obtain a diploma or certificate, whereas immigration lawyers have gone through both university and law school. Lawyers are regulated by Provincial bars; consultants must be members of Canadian Society of Immigration Consultants. If something goes wrong, clients have little or no recourse with an immigration consultant.

8. What are my chances of a positive outcome?
Any reputable, experienced immigration attorney will have a good idea of what to expect and won’t make you any promises that he or she cannot keep.

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