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Difference between revisions of "Permanent Residence Application Process (18:V)"
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Permanent Residence Application Process (18:V) (view source)
Revision as of 16:41, 10 August 2022
, 16:41, 10 August 2022no edit summary
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For information on how points are allocated, refer to this [http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp%20www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp link]. | For information on how points are allocated, refer to this [http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp%20www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp link]. | ||
For complete information on the Federal Skilled Worker Program, please refer to this [ | For complete information on the Federal Skilled Worker Program, please refer to this [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers.html link]. | ||
=== 2. Canadian Experience Class (Express Entry Required) === | === 2. Canadian Experience Class (Express Entry Required) === | ||
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To participate in this program, an applicant must satisfy the requirements for an international graduate, a high-skilled worker or an intermediate-skilled worker. Also, they must receive a job offer from a designated employer in Atlantic Canada. However, if an applicant receives a job offer from an employer who is not designated yet, they may ask the employer to consider being designated. | To participate in this program, an applicant must satisfy the requirements for an international graduate, a high-skilled worker or an intermediate-skilled worker. Also, they must receive a job offer from a designated employer in Atlantic Canada. However, if an applicant receives a job offer from an employer who is not designated yet, they may ask the employer to consider being designated. | ||
For more detailed information about this program, please visit the [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/atlantic-immigration- | For more detailed information about this program, please visit the [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/atlantic-immigration/how-to-immigrate.html IRCC website]. | ||
=== 6. Yukon Community Immigration Pilot Program === | === 6. Yukon Community Immigration Pilot Program === | ||
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There are two options for caregiver to come to Canada to become a permanent resident or work temporarily: 1) Home Child Care Provider Pilot; and 2) Home Support Worker Pilot. As of June 18, 2019, an individual may be able to apply for permanent residence through one of the above programs if they meet the eligibility requirements and have a job offer to work in one of these occupations. | There are two options for caregiver to come to Canada to become a permanent resident or work temporarily: 1) Home Child Care Provider Pilot; and 2) Home Support Worker Pilot. As of June 18, 2019, an individual may be able to apply for permanent residence through one of the above programs if they meet the eligibility requirements and have a job offer to work in one of these occupations. | ||
Under the | Under the Home Child Care Provider Pilot and Home Support Worker Pilot, caregivers will receive a work permit if they have a job offer in Canada and meet the standard criteria for economic immigration programs. Please note an LMIA is not required. A caregiver can apply for permanent residency after two years of Canadian work experience. | ||
These new pilot programs will also benefit from: | These new pilot programs will also benefit from: | ||
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'''NOTE''': | '''NOTE''': | ||
Foreign nationals must declare any of their non accompanying family members (i.e. dependent children, spouses, and parents) in their initial application if they wish, at some point to sponsor these individuals themselves. An individual generally cannot sponsor a family member if if they failed to declare that family member in their application for permanent residence. However, a pilot project has been launched from September 9, 2019 to September 9, 2021 and subsequently extended to September 9, 2023 which will allow certain newcomers who failed to declare their family members to sponsor undeclared immediate family members. Consult the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/excluded.html IRCC website] for the latest details on this pilot project, which presently applies only to individuals who became permanent residents under the Convention refugee and Family Classes and who are applying to sponsor undeclared family members. | Foreign nationals must declare any of their non accompanying family members (i.e. dependent children, spouses, and parents) in their initial application if they wish, at some point to sponsor these individuals themselves. An individual generally cannot sponsor a family member if if they failed to declare that family member in their application for permanent residence. However, a pilot project has been launched from September 9, 2019 to September 9, 2021 and subsequently extended to September 9, 2023 which will allow certain newcomers who failed to declare their family members to sponsor undeclared immediate family members. Consult the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/excluded-2021.html IRCC website] for the latest details on this pilot project, which presently applies only to individuals who became permanent residents under the Convention refugee and Family Classes and who are applying to sponsor undeclared family members. | ||
=== 1. Sponsors === | === 1. Sponsors === | ||
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A PRRA is a risk assessment application before the removal of a foreign national from Canada. With some exceptions and some restrictions (see ss. 112(2) and 112(3) of the IRPA), every person who is being removed from Canada can submit a paper application describing why they would suffer persecution or danger in the country of destination if returned to that country. The risk(s) are assessed under ss. 96 and 97 of the IRPA. However, very few applications succeed under the PRRA process. | A PRRA is a risk assessment application before the removal of a foreign national from Canada. With some exceptions and some restrictions (see ss. 112(2) and 112(3) of the IRPA), every person who is being removed from Canada can submit a paper application describing why they would suffer persecution or danger in the country of destination if returned to that country. The risk(s) are assessed under ss. 96 and 97 of the IRPA. However, very few applications succeed under the PRRA process. | ||
'''NOTE''': Under the IRPA those claimants who have a failed | '''NOTE''': Under the IRPA those claimants who have a failed refugee claim will generally be ineligible to make a PRRA claim for '''12 months''' after the IRB's negative decision. The 12-month bar also applies to those who | ||
*withdrew their refugee claim at the RPD (i.e. after their eligibility interview and referral to the RPD), | |||
*abandoned their refugee claim, | |||
*received a negative PRRA decision, | |||
*received a negative decision from the Federal Court on an application for leave and judicial review regarding their refugee claim or PRRA decision | |||
For further details regarding the 12-month bar and exceptions, please refer to [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html IRCC's manual]. | |||
=== 1. Process === | === 1. Process === | ||
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A person who has been given notice of removal can apply for the PRRA later than the 15-day deadline. However, that person could be removed from Canada before the decision is made (i.e. no stay of removal is issued). | A person who has been given notice of removal can apply for the PRRA later than the 15-day deadline. However, that person could be removed from Canada before the decision is made (i.e. no stay of removal is issued). | ||
A person who loses the PRRA will be removed. The only redress to a PRRA refusal is to apply for leave and appeal to the Federal Court. | A person who loses the PRRA will be removed. The only redress to a PRRA refusal is to apply for leave and appeal to the Federal Court and request a deferral of removal from the CBSA until a decision is made by the Federal Court. The deadline to apply for leave to the Federal Court is 15 days. If CBSA refuses to defer removal (which is often the case), the client may need to apply for an urgent stay of removal in Federal Court. In such cases, the claimant should contact a lawyer immediately. | ||
=== 2. Status Conferred === | === 2. Status Conferred === | ||