Seaker Law - Immigration Law services

Authorization to Return to Canada (ARC)

If you received a removal order, you may submit an ARC alongside and in the context of another application to re-enter Canada. The only situation where an individual ARC application may be submitted is if the applicant is from a country that does not require a visa to Canada. 

This would be required if you did not reply to your departure order within the alloted 30 days. Barriers to spnsorships (Financial hardship, domestic abuse, sponsorship breakdowns)Sponsorships may be refused and require an appeal, or further substantiating from a lawyer. These barriers commonly involve financial harship, domestic abuse in the past, and sponsorship breakdowns.

Bridging open work permit (BWOP) 

A work permit that allows you to keep working while you await the results of your permanent residence application. business plansBusiness plans are pivotal in select economic immigration prorgams. These are highly scrutinized and require specific language, examples and proof that your business has a high liklihood of success in Canada. 

Certified question in Federal Court 

A decision in the federal court may not be appealed to the federal court of appeal unless the judge has issued a "certified question" wherein they acknowledge that it is a question of general importance, or unique in some way, per Section 72 of the IRPA. In some rare circumstances, you may still attempt an appeal if you can demonstrate the federal court's failure to exercise jurisdiction in circumstances where it must exercise it, a lack of jurisidction wherein the federal court ought not to have the ability to preside on the matter, or a reasonable apprehension of bias. 

CETA

CETA (Canada European Union Comprehensive Economic Trade Agreement) is one of Canada's most substantial free trade agreement with the worlds largest economic bloc. Various LMIA exempt and expedited visa options are available to applicants who would qualify, under Section 204 of the IRPR. 

Chairpersons guidelines and jurisprudential guides

A category of operational manuals guiding officers in how to exercise their functions and applying the IRPA, the Citizenship Act and the Regulations. These include however are not limited to enforcement manuals (coded ENF) on judicial review, removals, search and seizures, inadmissibility, admisssibility hearings and detention reviews, inter alia. These manuals can create what is called "legitimate expectation" in that when a representation is made by a public authority that it will follow a certain procedure before making a decision on the substantive merits for a particular case - and can be “a useful indicator to what is a reasonable interpretation of power conferred by the section, and what is an unreasonable exercise of the H&C power” - Baker SCC para 72.. These include expectations to be consulted and fair hearing.  

The guidelines from the above policy documents can make a legitimate expectation per Brhane v Canada 2018.  Important to note these *cannot create law or go beyond their capacity, they cannot supersede the IRPR or IRPA; they cannot speak of what “compelling reasons may ebe, when the act itself does not - Palmero v Canada 2016

Correctness

The seminal administrative law supreme court of Canada case, Vavilov, held that of the two primary methods of review of administrative powers, correctness and reasonableness, correctness is the more exacting method, and there is a presumption that the decision makers decision will be assessed on reasonableness. Correctness involves the court to override the decision maker and find the decision incorrect, instead of analyzing whether the decision was processed in a reasonable manner. 

The presumption of reasonableness is rebutted by the correctness standard of review in 6 circumstances:

 i) legislated standards of review (where the legislation explicitly says to use correctness 

ii) statutory appeal mechanisms (as seen in the Refugee Appeals Division, from decisions made from its lower adjudicator, the Refugee Protection Division) 

iii) constitutional questions

iv) questions of law of central importance to the legal system as a whole 

v) questions related to the jurdisdictional boudnaries between two administrative boundaries 

vi) the sixth and newest exception to the Vavlilov presumption of reasonableness, per SOCAN in the SCC, is when legislative intent (which can be ascertained by hansards) or the rule of law will require a derogation from the presumption of reasonableness. 

Criminal Inadmissibility

Some crimes can make someone inadmissible to Canada. These include serious and non-serious crimes and/or misdemeanours, committed inside or outside of Canada. The primary statutory provisions for criminal inadmissibility would be IRPA sections 34 (for securiy grounds) 35 (for human rights or international violations) 36 (for serious crimes) and 37 (for organized crime). 

These may be addressed with variuos remedies including a TRP (temporary resident permit) if the applicant is applying less than 5 years since the convictions sentence has been served. After 10 years, the applicant may be deemed rehabilitated. If the applicant was convicted for a non-serious crime, they may be able to demonstrate they have been deemed rehabilitated. If the sentence was completed 5 years or more ago, they may apply for a criminal rehabilitation in which they demonstrate that they have genuine remorse and rehabilitated themselves. 

Criminal rehabilitation letter 

When more than 5 years has passed and there is supporting evidence to rehabilitation being completed; this is one way to overcome criminal inadmissibility.

Cultural activities/self employment PR 

A self employed program for applicants that would contribute to Canada's Athletic, Cultural industries. These can be musicians, coaches and must have a required amount of experience in the industry 

CUSMA/USMCA formerly NAFTA

CUSMA is the worlds largest free trade agreement. Under CUSMA, LMIA exempt work permits are available under section 204 of the IRPR. These LMIA exempt work permits are available at the border, or prior to entering Canada.

Deemed rehabilitation

when 10 years or more have passed and there is only one offence that falls under a non-serious criminality; this is one way to overcome criminal inadmissibility 

Departure order

If your departure order with the CBSA is not confirmed or complied within 30 days, it will transition to a deportation order. A departure order is the least severe of the removal orders as if the applicant complies, they may re-enter without issue if they meet the entry requirements at a later time or date. If after 30 days the departure order is not responded to, the applicant must apply for an ARC (authorization to return to Canada). 

Deportation order

the most severe removal order, unless the applicant applies for an ARC (authorization to return to Canada). The applicant must also repay costs borne by the CBSA as a precursor to being allowed back into Canada. 

Detention Review Hearings - Immigration Division

Under section 55 of the IRPA, an Officer may detain someone for a host violations or reasons. Under s.57(1) of the IRPA, the ID (Immigration Division) must host a detention review within 48 hours after the individual has been taken to detention. Various considerations are made regarding a release, including whether or not the individual is a flight risk, danger to the safety of Canadian society and the like. If the applicant is ordered to remain in detention they must do so for 7 days until the next hearing is booked, afterwhich each hearing is 30 days thereafter at a time until the individual is released or removed from Canada. Leave or Judicial Review may be sought. 

Duty of fairness

The duty of fairness and principles of natural justice, inform the discretion and conduct of how officers are to make decisions. They include however are not limited to requiring you are given a fair and impartial hearing before a board, that there be no bias, adequate notice, the right to counsel, ability to make submissions, evidentiary standards, sufficient reasons, right to be heard, undue delay, the right ot be informed of unforseen factors that may negatiely affect their application, and tranparent, justifable reasoning for decisions taken. 

Employer compliance and inspection 

Employer compliance and inspections is a substantive topic for any employer looking to hire foreign nationals. Click here to read more about what triggers an inspection, the process of an inspection, the outcomes of an insoection, and employer conditions as they relate to inspections. Inspections are completed by, however not limited to the ESDC. 

Enforcement manuals

A category of operational manuals guiding officers in how to exercise their functions and applying the IRPA, the Citizenship Act and the Regulations. These include however are not limited to enforcement manuals (coded ENF) on judicial review, removals, search and seizures, inadmissibility, admisssibility hearings and detention reviews, inter alia. These manuals can create what is called "legitimate expectation" in that when a representation is made by a public authority that it will follow a certain procedure before making a decision on the substantive merits for a particular case - and can be “a useful indicator to what is a reasonable interpretation of power conferred by the section, and what is an unreasonable exercise of the H&C power” - Baker SCC para 72.. These include expectations to be consulted and fair hearing.  The guidelines from the above policy documents can make a legitimate expectation per Brhane v Canada 2018.  Important to note these *cannot create law or go beyond their capacity, they cannot supersede the IRPR or IRPA; they cannot speak of what “compelling reasons may ebe, when the act itself does not - Palmero v Canada 2016

Exclusion order

the mid tier of removal orders, wherein entry to Canada is blocked for one year. This may go as high as 5 years if misrepresentation is involved. Any costs borne by the CBSA to enforce the removal will have the onus of payment on the applicant prior to reapplying for entry or an ARC (Authorization to re-enter Canada). 

Family class sponsorship

Family class immigration allows for a bi-partite canadian residency plan. First, the individual you sponsor will be able to enter Canada as a PR. Second, once they are here, you are required to make a commitment (an undertaking) to provide for their basic needs and support that person financially. As of January 2024, you undertake to financially mainatin your spouse for 3 years, your dependent child for 10 years, or until age 25, whichever comes first. Your dependent child of 22 years or older for 3 years. Your parent or grandparent for 20 years, and any other qualifying relative for 10 years. 

Federal Court of Canada

The Federal Court of Canada is Canada's national trial court which adjudicates on matters within the Federal Jurisdiction. These matters include how delegated decision makers have made their decisions in light of fact and law, administrative tribunals, officers and decision makers. A case is brought before the Federal Court of Canada via Section 72 of the IRPA, by receiving speical permission, or what is called "leave." In other matters, cases are instututed by filing a notice of application for judicial review, or a statement of claim depending on the nature of the file.

GTS (Global Talent Stream) LMIAs

LMIAs are "Labour Market Impact Assessments." This is a program under Canada's wider economic immigration policy, and requires a substantive track record of demonstrating inter alia the need for the foreign worker, in a job that local employees are hard or impossible to come by. The GTS (Global Talent Stream) is an expedited immigration program that allows yo to bring specialized global talent into Canada. The GTS exempts you from the requirement of actively advertising which is a substantive time block in regular LMIAs. Instead you apply directly to the ESDC. As of 2023, the time processing for a GTS LMIA is 3-11 weeks, as opposed to the general 3 months required for an LMIA. 

H&C Humanitarian and compassionate grounds

If your situation does not meet the set out eligibility requirements, you may be able to apply under an equitable remedy of Humanitarian and compassionate grounds. H&C grounds are an exceptional remedy granted on a case by case basis. The officer, adjudicator or judge may observe the level of settlement in Canada, the family ties the applicant has inside Canada, the best interests of child (BIOC), and the deleterious effects or harm that would occur to the applicant if the matter refused (principles of refoulement). H&C does not apply to you if you are a "designated foreign national," or if you recieved a negative IRB decision, or if you recieved a negative PRRA decision.

IAD (Immigration Appeals Division)

The IAD reviews appeals on sponsorship applications, removal orders and residency applications. 

ICT (Intra-company transferee)

An ICT is when an important or essential staff member of a multi-national company seeks to enter and work in Canada for a parent, subsidiary, branch or affiliate of the company. The transfer must be towards a legitimate and continuing establishment of the company and typically the threshold is between 18-24 months. The position must be that of an executive, managerial or specialized knowledge role. The employment must have been employed in that company for a year prior. The focus for intra-company transferees in the event of a merger or acquisition is establishing that a qualifying relationship remains, even though there have been changes in ownership. The onus is on the applicant to provide evidence that this is the case.

IMP (International Mobility program) 

Under the IMP, employers are able to hire select foreign workers without the need for an LMIA (Labour Market Impact Assessment). These are typically allowed when the foreign worker is seeking to enter Canada on an international free trade agreement (such as CUSMA, formerly NAFTA, or CETA) under Section 204 of the IRPR, or if they demonstrate Significant Benefit to Canada under Section 205. The IMP includes ICTs, and select Canadian PR candidates depending on available programs. 

Inadmissibility (misrepresentation, criminal, financial challenges, health grounds, inadmissible family members)

An applicant may be deemed inadmissible to Canada for various reasons, with various recourses available. These include misreprsentation, criminal activity before or after entering Canada. Depending on the type of their inadmissibility, the Applicants recourse may range from appealing to the Federal Court, applying for a Temporary Resident Permit, appealing to the IAD, or responding to a procedural fairness letter recieved from the government. 

IRPA

The Immigration Refugee Protection Act is the primary statute or law that governs Canadian Immigration law. 

IRPR

The Immigration Refugee Protection regulations is the primary set of specific regulations, corolary to the IRPA, that governs Canadian Immigration law.

 Judicial Review

Judicial Review (JR) is the last resort for applicants looking to remedy a decision made by an administrative, or delegated power holder. It is a process which can only be initiated after all previous appeals and methods have been exhausted, and entails the Federal Court of Canada nsuring the decision taken by another body or indiviual, that has had their decision making power delegated to them, was fair, reasonable and lawful. In most domestic Canadian cases, JR must be taken 30 days afer the decision was made. It is not an opportunity to reargue or resubmit new evidence, rather to demonstrate that the delegated authority did not properly adjudicate. 

Judicial stay of removal (federal court stay applications) 

If you are served with a removal order and a notice to report (that you will be attending a border for removal from Canada) you may seek a stay of removal from the Federal Court. Depending on where you are in your process and timeline wise, counsel will need to make a request to the CBSA to defer the removal, in consideration of any other immigration plans you are pursuing. After the request to the CBSA is submitted, Counsel may begin an application for leave and judicial review to either expedite a decision or challenge a negative one. Afterwhich, counsel may then argue a motion for a stay of removal. The Court will consider whether there is a serious issue to be tried, if there would be irreparable harm with a deportation, and whether you are the party who would suffer the most harm within a balance of convinience test. 

Legitimate expectation

When a representation is made by a public authority that it will follow a certain procedure before making a decision on the substantive merits for a particular case. These include expectations to be consulted and fair hearing.  The guidelines from policy documents like enforcement manuals, operational guidelines, chairperson guidelines, jurisprudential guides, and/or communications from the Government or officer regarding your file can potentially form a legitimate expectation per Brhane v Canada 2018

LMIA

LMIAs are "Labour Market Impact Assessments." This is a program under Canada's wider economic immigration policy, and requires a substantive track record of demonstrating inter alia the need for the foreign worker, in a job that local employees are hard to come by or not available for hiring. LMIAs have advertising timelines, factors for consideration. LMIAs have expedited processes depending on if you can qualify under the Global Talent Stream (GTS) Category A or Category B.

LMIA exempt work permits at port of entry 

It is possible to get a work permit without an LMIA, at the Port of Entry if you can demonstrate under IRPR section 204 (free trade agreements) or IRPR section 205 that you qualify for an LMIA exempt work permit. These would consider when there there is a competent free trade agreement or a significant benefit to Canada, or a specific entitlement in sections 206-208 of the IRPR that you would qualify for.

LMIA exempt work permits at visa office

ibid however instead of having a package submitted at the border for the Officer to review, it would be at a visa office prior to departing for Canada

Mandamus

A mandamus is a prerogative writ, or a remedy available to compel a tribunal, decision maker, or anyone of lower jurisdiction lower than the court ordering it, to perform a specific duty, make a decision that it either failed to do or caused unreasonable delay in doing so. They are exceptional remedies that are granted on a bi-partite test. 

Firstly, whether there was a truly unreasonable delay, and secondly, whether on a balance of convinience test, the unreasonable delay weighted against all the circumstances in your application warrant said delay. 

Medical inadmissibility 

Under Section 38 of the IRPA, a foreign national may be inadmissible to Canada on health grounds. These may include an unreasonable burden on the Canadian healthcare system, or infectious, dangerous diseases. Medical inadmissibility may be remedied by demonstrating why the burden would not surpass the estimated average costs of medical treatment of Canadians, or potentially humanitarian and compassionate considerations which may succeed in finding an exception. In the some cases, a TRP (temporary resident permit) may be applied for. Medical inadmissibility would come alongside a procedural fairness letter, which have significant legal implications on how they are responded to, and the deadlines ranging from 7 to 30 days.  As it stands, the current threshold is at 3 times the Canadian per capita healthcare costs, at $24,057 per year. 

Ministerial relief 

Under Section 42.1(1) of the IRPA, the Minister may overide a finding of inadmissibility on certain grounds. Ministerial relief applications may only be submitted after the Applicant has already received a refusal, they are issued a removal order, or they have decided not to challenge the decision in court, or they have already lost in court. 

Misrepresentation 

Under Section 40(1) of the IRPA, a foreign national may be found inadmissible if they directly, indirectly misrepresent or omit essential facts. A finding of inadmissibility based on misrepresentation may lead to a 5 year ban from Canada, and may also be found after your application has been approved. The best remedy is prevention. Seaker Law offers collaborative review services to ensure you have not incorrectly provided information or omited anything material. If you recieve a finding of misrepresentation, our lawyers may investigate potential defences such as the absence of a true misrepresentation, materiality, or an innocent mistake exception. 

Operational bulletins

Operational bulletins (OBs) are Government issued instructions and updates for staff on immigration programs and policy. These policy documents that serve to assist as guidelines on a range of categories. These can form legitimate expectation (see below) and can be “a useful indicator to what is a reasonable interpretation of power conferred by the section, and what is an unreasonable exercise of the H&C power” - Baker SCC para 72. Important to note these *cannot create law or go beyond their capacity, they cannot supersede the IRPR or IRPA; they cannot speak of what “compelling reasons may ebe, when the act itself does not - Palmero v Canada 2016

Overseas processing manuals

Overseas processing manuals (OPs) are Government issued instructions and updates for staff on immigration programs and policy for staff posted at Government outposts abroad. These policy documents that serve to assist as guidelines on a range of categories. These can form legitimate expectation (see below) and can be “a useful indicator to what is a reasonable interpretation of power conferred by the section, and what is an unreasonable exercise of the H&C power” - Baker SCC para 72. Important to note these *cannot create law or go beyond their capacity, they cannot supersede the IRPR or IRPA; they cannot speak of what “compelling reasons may ebe, when the act itself does not - Palmero v Canada 2016

Permanent residency 

Permanent residency status is maintained of you remain in Canada for at least 730 days out of the previous 5 years. Once you have PR status, you may live anywhere in Canada, receive most social benefits, including the right to work with a SIN number, and healthcare coverage. You also receive protections under the Charter of Rights and Freedoms. PR holders must pay taxes, and cannot vote or run for political office until they successfully apply for citizenship.

Policy documents, manuals and guidelines

These policy documents that serve to assist as guidelines on a range of categories. These can form legitimate expectation (see below) and can be “a useful indicator to what is a reasonable interpretation of power conferred by the section, and what is an unreasonable exercise of the H&C power” - Baker SCC para 72. Important to note these *cannot create law or go beyond their capacity, they cannot supersede the IRPR or IRPA; they cannot speak of what “compelling reasons may ebe, when the act itself does not - Palmero v Canada 2016

Principles of natural justice

The principles of natural justice and duty of fairness, inform the discretion and conduct of how officers are to make decisions. They include however are not limited to requiring you are given a fair and impartial hearing before a board, that there be no bias, adequate notice, the right to counsel, ability to make submissions, evidentiary standards, sufficient reasons, right to be heard, undue delay, the right ot be informed of unforseen factors that may negatiely affect their application, and tranparent, justifable reasoning for decisions taken. 

Procedural fairness letters (PFL)

A PFL may arise in two circumstances. The former and more serious matter, is if it is received from an Officer regarding concerns of misrepresentation they have. The PFL will have a deadline to reply to, and for a most robust response, would require a substantive legal response drafted by a lawyer. Alternatively, a PFL may be inlcuded by a lawyer alongside your submissions or application, to address potential concerns and request an opportunity to respond before a refusal. 

Program delivery instructions

Program delivery instructions are details from the Government or Minister, on how immigration programs are to be administered by delegated officers and departments. These policy documents that serve to assist as guidelines on a range of categories. These can form legitimate expectation (see below) and can be “a useful indicator to what is a reasonable interpretation of power conferred by the section, and what is an unreasonable exercise of the H&C power” - Baker SCC para 72. Important to note these *cannot create law or go beyond their capacity, they cannot supersede the IRPR or IRPA; they cannot speak of what “compelling reasons may ebe, when the act itself does not - Palmero v Canada 2016.

Provincial nominee programs (PNPs)

While immigration is a federally mandated policy, provinces are also given an opportunity to sponsor individuals or groups they deem their provinces would need. There are over 80 provincial nominee programs, with each province and territory except Nunavut, and Quebec (which has the authority for its own selection criteria) having programs for unique use. PNPs are attached to at least one express entry program, and completion of a PNP would grant you 600 points, virtually guaranteeing PR after its completion. Some prorgams are but are not limited to: the Ontario Immigrant Nominee Program, Alberta Advantage Immigration Program, the Altantic Immigration Program, and more for BC, Manitoba, Saskatchewan, and more. 

PRRA (Pre removal risk assessment)

Under Sections 112-113 of the IPRA, a PRRA is based on the principles of refoulement, in that an applicant may seek a stay of removal, if they can prove they would be at risk of physical harm upon being deported to their country of origin. If rejected, judicial review may be sought with an application to stay the execution of the removal order. A PRRA is not available for those have been found to be a danger to the Canadian public, or for those who had a refugee claim heard within one year of removal. Upon recieving a PRRA invitation, there is a strong liklihood your file is heading towards deportation. Ensuring you have a response on the record before the 15 days is vital. While an extension may be granted to an immigration lawyer retained, you must ensure you take the letter seriously and a response is given on time. Baring whcih, your deportation wlll not be paused. PRRA submissions would addrss, with support from NDPs (National Documentation Packages), inter alia: the ineffective state protection in a country, the substantive personal risk of return, the risk is not isolated, and faced everywhere in the country, the risk is not a general one, the risk is not linked to lawful sanctions, and the risk is not linked to insufficient health or medical care. 

Reasonableness

Reasonableness is one of the two "standards of review" that is applied in Judicial Review. In other words, it is the method under which the Federal Court will adjudicate on how the previous decision maker made their decision. The other standard of review is correctness, which is significantly less used. The seminal Supreme Court of Canada case, Vavilov, held that reasonableness is the presumed standard of review, except in the rare cases correctness would apply which are highlighted above. Reasonabless is a defferential standard of review, in that the Court assumes the decision maker was qualified and able to review the evidence before them. Rather than once again reviewing the evidence provided, the Court will instead observe how* the decision was made, and if it is found to be unreasonable, may send the decision back to a different offcier to redetermine. The hallmarks of a reasonable decision are (inter alia): justification, transparency and inteligibility. 

Reconsideration requests 

A reconsideration request is available when an applicant believes a mistake was made by a reviewing officer. They can be made for PR applications, or temporary resident applications such as visitor, study or work visas. Reconsideration requests are notably less formal, expensive and exhaustive than other appeals such as ones that may be available at the IAD or under JR with the Federal Court. However, they have low liklihoods of success and the visa officer has high levels of discretion, and even has the ability to not respond at all. 

Removal orders 

Removal orders are tiered in three levels of severity, and may be appealed or remedied. The first and least severe of these would be a departure order, you may find more information about these above. The second would be an exclusion order, and the most severe would be a deportation order (both of which also have more details above). Appeals are available for removal order, if recieved no later than 30 days after receipt, to the IAD (Immigration Appeals Division).

Restoration of status

Under Section 182 of the IRPA, if a temporary resident loses their status (work or study permit) they may apply to restore their status. You must apply within 90 days of having lost your status, and remain in Canada until a decision is made. Naturally, you myst also meet the eligibility requirements for the temporary status you are trying to restore.

Security certificates

A process for removing PRs or foreign nationals inadmissible for grounds of violating human or international rights, or involvement in serious or organized crimes. There are heightened privacy elements in these high risk situations to protect both state soverignty and sensitive information, as well as providing due process for the subject of the security certificate. A very rare occurance, since 1991 only 27 individuals have been subject to these hearings. The SCC case of Harkat found the balancing framework between protecting classified information, and due process and fairness to the subject of the security certificate. 

Section 44 reports

An Immigration officer's determination as to why the foreign national or PR is inadmissible to Canada. If the Minister of Immigration finds the report is substantiated well, they may refer the report to the Immigration Division. The Officer may place conditions including a guarantee, depostit, admissibility hearing, or a removal order

Self employed Class - athletic or cultural 

A self employed program for applicants that would contribute to Canada's Athletic, Cultural industries. These can be musicians, coaches and must have a required amount of experience in the industry.

Spousal sponsorship 

Spousal sponsorships fall within the family reunification immigration program. To qualify, you must be a Canadian citizen, PR or registered indigenous person. You must also be at least 18 years old, and you cannot have received or be receiving social assistance such as welfare, with select exceptions such as dissability support payments. While there is no minimum income required to sponsor a spouse typically, there are financial capacity requirements if you are sponsoring someone who is a dependent child and has 1 or more dependent child of their own, or if their dependent child have dependent child(ren). Further, you may not be eligible to sponsor a spouse if you were sponosored by a spouse and became a PR less than 5 years ago, and/or you are still financially responsible for a previous spouse or partner (in which case you will still be bound by the 3 year undertaking to take care of this person). Further blocks would be if you have an application in the pipeline, if you are in jail, have past failures for financial undertakings, are subject to a removal order, were convicted of a serious crime, or declated bankruptcy and have not been discharged. 

Start-up Intra company transferee (ICT)

As noted above - An ICT is when an important or essential staff member of a multi-national company seeks to enter and work in Canada for a parent, subsidiary, branch or affiliate of the company. The transfer must be towards a legitimate and continuing establishment of the company and typically the threshold is between 18-24 months. The position must be that of an executive, managerial or specialized knowledge role. The employment must have been employed in that company for a year prior. 

The focus for intra-company transferees in the event of a merger or acquisition is establishing that a qualifying relationship remains, even though there have been changes in ownership. The onus is on the applicant to provide evidence that this is the case. In the event that you have plans for starting-up a new wing or operation of your international operations here in Canada, you may set up said subsidiary or sister operation in Canada and recieve an ICT under this new corporation. 

In Ontario, under the OBCA no longer has residency requirements for directors of an Ontario based companies. However, a start-up ICT would require significantly more evidence of the business feasibility, and a strong evidence based presentation of the foreign company's active engagement in business. Business plans are essential, and our team has experienced business plan developers with dozens of successful start up ICT applications. 

Study permit extension 

Study permits extensions ought to be applied for at least 30 days before your study permit expires. In the event you surpass this date, you may apply for a restoration of status within 90 days of the expiry.

TRP (Temporary Resident Permit)

 A method to enter Canada when you are not on valid status, including if you have a criminal or medical inadmissibility situation. A TRP is only granted if the need to come to Canada outweights the risk of that person being inside of the country. TRPs are for short durations and assessed on a case-by-case basis.