IMMIGRATING TO CANADA

• Immigration is a changing field of law at present in Canada. The Information in this brochure is therefore subject to change. As in all legal matters recourse should be had to a professional legal representative to look after your case.

• There are several ways to come to Canada. You can come as a visitor for a specified period. Visitors from some countries require a Visa which must be obtained prior to arrival in Canada.

• You can come to Canada to work provided that you obtain an Employment Authorization prior to arrival in Canada. In certain cases approval is almost automatic under the North American Free Trade Agreement.

• You can come to Canada as a refugee. A Convention refugee is someone who is outside of his or her country and is afraid to return to that country because they have a well founded fear of persecution based on race, religion, nationality, political opinion and membership in a particular social group. Membership in a particular social group includes gender and sexual orientation.

• You can come to Canada as an skilled worker applicant. These applications are made at Canadian Visa Offices abroad. Skilled Worker applicants are assessed under a points system based upon 10 factors. These factors include age, education, abilities in English and French, occupation and work experience. An interview is often required.

• You can apply to come to Canada as an Entrepreneur or a Business Investor. These are very specialized programs that differ from province to province and require detailed financial information. These applications are made through Canadian Visa Offices abroad.

• You can apply to come to Canada as a member of the family class. This means that your relative in Canada will sponsor you for permanent residence. The family class is limited in its application.   Your sponsor will be required to meet certain income requirements and will be required to sign a sponsorship agreement wherein they will be responsible to your needs for up to ten years. Family class includes spouses, same-sex spouses, common law partners and conjugal partners.

For an Initial Consultation to discuss immigrating to Canada or
any other legal issues that concern you, please contact my office at
416-923-4277

BRINGING YOUR SAME SEX PARTNER TO CANADA

• Canada now recognizes in the Immigration and Refugee Protection Act to bring your same sex partner to Canada. At present same sex partners are being allowed to immigrate to Canada to join their Canadian partners in three ways: by marriage as a common-law partner or as a conjugal partner.

• In these circumstances it is essential to establish that there is a long standing and established relationship between the partners. This can be difficult to establish and as such each application is different and must be carefully prepared.

• It is essential that proper supporting documentation be provided to show the Visa Officer that there is a relationship and that it is established. Also Visa Officers will require the Canadian partner to sign a sponsorship agreement and be responsible for the needs of the non-Canadian partner for up to ten years. An interview is often required.