Immigration

We practice in many areas of Canadian Immigration and Refugee laws. Whether you are applying to immigrate to Canada, receiving your citizenship, appealing a matter at the Immigration Refugee Board or are seeking judicial Review, our team can assist you along the way.

Our office can provide you following services,

1) Permanent Residence

a) Express Entry
b) Refugee Protection
c) Family Class Sponsorship
d) Humanitarian and Compassionate Grounds Applications
e) Business Class Immigration

2) Temporary Residence

a) Temporary Resident Permit
b) Work Permits
c) Study Permits
d) Visitor Visa
e) Super Visa

3) Citizenship

a) Citizenship Application and Refusals b) Citizenship Revocation and Resumption

1)Permanent residence

If you are planning to move to Canada and start a new life, our team can check your eligibility to find you the best pathway to Canada.

1)Express Entry

Express Entry is an immigration system provided by the Canadian federal government’s immigration department. Currently, there are three different federal economic immigration programs;

-The Federal Skilled Worker program;
-The Federal Skilled Trades Program; and
-The Canadian Experience Class.

Applicants are selected based on their abilities to contribute to Canada’s economy through their skills and their potential adoptability in Canada. Candidates are evaluated based on the following factors;

-Skills and work experience
-Language ability
-Education
-Arranged Employment
-Spouse or common-law partner factors
-Skills transferability
-Employment or Canadian post-secondary education
-Family ties

For more information on Express Entry streams, please contact us to book your free consultation.

Refugee Protection

We provide assistance and guidance to individuals who are currently in Canada seeking refugee status. Canada provides refugee status to those who have valid reasons to fear to return to their home countries. To claim refugee status, the fear of persecution must be one of these five forms recognized by the international community: race, religion, nationality, membership of a particular social group (e.g. gender, sexual orientation, etc.) and political opinion.

For more information on the refugee determination process, please contact us to book your free consultation.

Family Class Sponsorship

Canadian citizens and permanent residents can sponsor their spouses, common-law partners or conjugal partners and dependent children to immigrate to Canada as a permanent resident. Both the sponsor and the sponsored person must meet certain requirements to qualify.

For more information on Family Class Sponsorship stream, please contact us to book your free consultation.

Humanitarian and Compassionate Grounds Applications

Humanitarian and Compassionate (H&C) Applications criteria have been changed in the past few years. The applicants must show that they would experience unusual and disproportionate hardship if they were required to leave Canada. Each application will be assessed on the information that the applicant provides and a decision will be made based on the applicant’s specific personal circumstances.

For more information on Humanitarian and Compassionate Grounds Applications, please contact us to book your free consultation.

a) Business Class Immigration

i. Federal Investor Program

Starting January 2015, Immigrant Investor Venture Capital Pilot Program has been developed to stimulate growth and job creation in Canada. Applicants who are interested in this program must have a net worth of at least $10 million obtained through their own business efforts and be willing to invest $2 million for a period of 15 years in Immigrant Investor Venture Capital fund.

For more information on Federal Investor Program, please contact us to book your free consultation.

ii.Ontario Investor Program

Entrepreneur Stream

The Entrepreneur stream is open to foreign nationals who wish to implement a new business or buy an existing business in Ontario.

 

The following are some of the eligibility requirements for the New Businesses and Existing Businesses;

- Experience:

At least 24 months of full-time business experience (as an owner or senior manager) within the last 5 years;

- Minimum Net Worth:

• * $800,000, if the proposed business will be located within the Greater Toronto Area.
• $400,000, if the proposed business will be located outside of the Greater Toronto Area.
• If your proposed business is in the information and communications technology/digital communications sector then regardless of location, you must have a minimum net worth of $400,000.

- Minimum Investment:

• $600,000, if the proposed business will be located within the Greater Toronto Area; and with a minimum ownership of 33.3%.
• $200,000, if the proposed business will be located outside the Greater Toronto Area; and with a minimum ownership of 33.3%.
• If your proposed business is in the information and communications technology/digital communications sector then regardless of location, you must make a minimum investment $200,000; and with a minimum ownership of 33.3%.

- Job Creation and Involvement:

• If the business will be located inside the Greater Toronto Area, you must create at least two permanent full-time jobs for Canadian citizens or permanent residents.
• If the business will be located outside the Greater Toronto Area or in the information and communications technology or digital communications sector, regardless of location, you must create at least one permanent full-time job for a Canadian citizen or permanent resident.
• The applicant should be actively involved in managing the business.

- Language requirement:

Meet a minimum language requirement of Canadian Language Benchmark (CLB) 5 or equivalent in English or French;

If you are planning to purchase an existing business, there are additional mandatory requirements that you need to meet. The following are some of the additional eligibility requirements for Existing Businesses;

• you must make at least one business-related visit to Ontario within 12 months from the date of registering an Expression of Interest
• the business being purchased must have been in continuous operation by the same owner(s) for the previous 60 months
• ownership of the business must be completely transferred to the applicant or any business partner
• you must use at least 10% of your personal investment towards improving or expanding the business in Ontario
• you must keep all permanent full-time employees that worked in the business prior to the transfer of ownership

For more information on Ontario Investor Program, please contact us to book your free consultation.

iii. Corporate Stream

This stream is designed for international companies looking to expand into Ontario or buy an existing business in the province. Key corporation staff are eligible to apply for nomination and then permanent residence under this stream. The following are some of the eligibility requirements for this stream:

• Business must have been established outside Canada for at least 36 months before applying;
• Corporations must invest a minimum of $5 million in a new or existing business;
• Key staff seeking nomination must be currently employed with the corporation and be essential to the operation of the business in Ontario.
• Creation of five full-time, permanent positions for Canadian citizens or permanent residents per key staff applicant.

For more information on Ontario’s business corporate stream, please contact us to book your free consultation.

2) Temporary Residence

a) Temporary Residence Permit

Many individuals require a Temporary Residence Permit to reunite with their families in Canada, to enter to Canada for humanitarian, social, or work purposes that includes professional athletes, artists and emergency workers.

b) Work Permits

Work permits are generally required for foreign workers who wish to enter Canada to work on a temporary basis.

c) Study Permits

Study permits are required for foreign nationals who wish to study at a Canadian educational institution.

d) Visitor Visas

Visitors visas are required for certain foreign nationals who wish to visit or travel through Canada.

e) Super Visas

Parents and grandparents may obtain a Super Visa to enjoy visiting their family in Canada for up to two years without the need to renew status. For more information on Temporary Residence Visas, please contact us to book your free consultation.

3) Citizenship

a) Citizenship Application and Refusals

We can determine if you are eligible to apply for Canadian citizenship. In any event that your application is refused, the decision may be appealed to the Federal Court of Canada. The Federal Court should be notified within 30 days. This timeline is very important and you should consult with a lawyer as soon as possible.

b) Citizenship Revocation and Resumption

If you or a family member is facing the revocation of citizenship and want to challenge this decision, our team can assist you in this highly complex area of law. The revocation of Canadian citizenship is a very serious matter and depending on the reasons provided, a person who loses their citizenship may also lose their permanent residence and face removal from Canada. For instance, those who have obtained their citizenship through “false representation or fraud or by knowingly concealing material circumstances” may be at risk of losing their citizenship.

Individuals who previously held citizenship may resume their citizenship status under certain circumstances. Resumption of citizenship is not retroactive or retrospective, but begins following the administration of the oath of citizenship.

For more information on your citizenship, please contact us to book your free consultation.

PEARCE DUCHARME FAMILY LAW

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