Category Archives: News

Immigration News

Proxy marriages no longer valid for Canadian immigration

July 4, 2015 nkic

The new amendments make Proxy Marriages no longer valid for Canadian immigration, in all temporary and permanent immigration programs. These unions include telephone, fax, internet or similar forms of marriage where one or both parties are not physically present, an excluded relationship.

The Government of Canada has made it a priority to address the vulnerability of women in the immigration context and has taken steps to address the issue of forced marriage. The nature of proxy, telephone, fax, Internet and other similar forms of marriage can help to facilitate forced marriages because one or both spouses are not physically present, making it more difficult to determine that they consent to the marriage.

These new regulations include the following amendments:

5. For the purposes of these Regulations, a foreign national shall not be considered

(c) the spouse of a person if at the time the marriage ceremony was conducted either one of both of the spouses were not physically present unless the person was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law.

117. (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if

(c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was marrying a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law;

125. (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

(c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was married to a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law;

In order for individuals to be considered physically present at a marriage ceremony, both parties (e.g. sponsor and spouse or principal applicant and accompanying spouse) must have participated in a wedding ceremony in person.

Exception – Canadian Armed Forces Personnel

An exemption exists for members of the Canadian Armed Forces who, due to travel restrictions related to their service, were not present at their marriage ceremony, whether that marriage was conducted and registered in a foreign jurisdiction where it is legally valid. However, it must be noted that marriages in which one or both parties are not physically present cannot legally be conducted or registered in any province or territory in Canada.

Please Contact Us for more information on these changes.

Canadian Citizenship

Remaining Canadian Citizenship Act Reforms Came Into Force

July 4, 2015 nkic

The remaining Canadian Citizenship Act reforms came into force on June 11, 2015. New citizenship applications are expected to be finalized in a year or less, and it is expected that the backlog of older files will have been eliminated by the end of this fiscal year. Individuals who submitted a citizenship application before April 1, 2015 will have a decision by March 31, 2016.

Key changes include:

Adult applicants must now be physically present in Canada for at least 1,460 days (four years) during the six years before the date of their application, and they must be physically present in Canada for at least 183 days in each of four calendar years within the qualifying period. This is aimed at ensuring that citizenship applicants develop a strong attachment to Canada.
Applicants between the ages of 14 and 64 must meet basic knowledge and language requirements. This is aimed at ensuring that more new citizens are better prepared for life in Canada.
Citizenship will be automatically extended to additional “Lost Canadians” on June 11th, who were born before 1947, and did not become citizens on January 1, 1947 when the first Canadian Citizenship Act came into effect. This will also apply to their children born in the first generation outside Canada.
Adult applicants must declare their intent to reside in Canada once they become citizens and meet their personal income tax obligations in order to be eligible for citizenship.
To help improve program integrity, there are now stronger penalties for fraud and misrepresentation (to a maximum fine of $100,000 and/or up to five years in prison). This is aimed at deterring unscrupulous applicants who are prepared to misrepresent themselves, or advise others to do so.
The newly-designated Immigration Consultants of Canada Regulatory Council (ICCRC) is the new regulatory body for citizenship consultants. Only members of the ICCRC, lawyers or notaries (including paralegals and students at law) can be paid to provide citizenship applicants with representation or advice.
New application forms, aligned with the new rules for eligibility, will be available on the CIC website as of June 11, 2015. Any applications received using the old forms received after June 10, 2015 will be returned to the applicant.

Please Contact Us for more information regarding these changes.

USA Immigration Programs

USA EB-5 Visa Investment Increase Proposal

June 10, 2015 nkic

Legislation has been proposed which would see the EB-5 Investor Immigrant Visa investment amounts increase in September 2015. Under this proposal, investment levels would increase from USD $500,000 to $800,000 in Targeted Employment Areas (TEA), and from USD $1,000,000 to $1,200,000 in Non-TEA.

Please note that this legislation is still in the proposal stage, therefore it has not yet come into effect.

Please Contact Us for more information on the USA EB-5 Investor Immigrant Visa Program.

News

Fifth Express Entry Draw for Canadian Immigration

March 30, 2015 nkic

For the first time since the start of the program CIC is now offering invitations to apply for Canadian permanent residence candidates without job offers.

The number of invitations that may be issued during the period beginning on March 27, 2015 and ending on March 28, 2015 is 1,637.

Required rank

Foreign nationals who, on March 27, 2015 at 23:59:47 UTC, have been assigned a total of 481 points or more under the Comprehensive Ranking System that is set out in the Ministerial Instructions Respecting the Express Entry System, as published in the Canada Gazette, Part I, on December 1, 2014 and as amended from time to time, occupy the rank required to be invited to make an application for permanent residence.

This is the latest and the fifth draw so far and was performed on March 20. It resulted in 1,620 invitations to apply being issued to candidates with 481 or more Comprehensive Ranking System (CRS) points.

Beforehand, every candidate selected to apply for permanent residence through Express Entry had either a qualifying job offer supported by a LMIA or nomination from a Canadian province.

This draw is perhaps what many of us had been waiting for. The notion that candidates can be chosen from the Express Entry pool without approved job offers.

Important information for all candidates and applicants

It is important to keep in mind that people in the pool can improve their ranking, thereby improving their chances of getting chosen by continually upgrading their human skills. These are such as education, language ability and 6 years or more work experience.

Please Contact Us for more information.

News

Get a Canadian Post Graduation Work Permit

March 30, 2015 nkic

The Post-Graduation Work Permit Program (PGWPP) allows students who have graduated from a participating Canadian post-secondary institution to gain valuable Canadian work experience. Skilled Canadian work experience gained through the PGWPP helps graduates qualify for permanent residence in Canada through the Canadian Experience Class (CEC).

A work permit under the PGWPP may be issued for the length of the study program, up to a maximum of three years. A post-graduation work permit cannot be valid for longer than the student’s study program, and the study program must be a minimum of eight months in length. For example, if you graduate from a four-year degree program, you could be eligible for a three-year work permit if you meet the criteria. If you graduate from an eight-month certificate program, you would be eligible for a work permit that is valid for no more than eight months.

Please Contact Us for more information on this program.

NK Immigration Consultants