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  • ABOUT
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647.812.8462

  • ABOUT
  • WHAT WE DO
    • REAL ESTATE
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    • IMMIGRATION
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    • NOTARY SERVICES
  • LEGAL FEES
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by Monica Beffa

Obtaining a Temporary Resident Permit in Canada

Often referred to as a TRP, a temporary resident permit allows someone to be granted access to Canada if they are inadmissible – ineligible – for a specific reason. Those who seek to obtain a TRP usually do so due to medical or security reasons, and having an established criminal record is another common reason. Without this permit, you won’t be permitted to enter the country.

Today, let’s explore the fundamentals of obtaining a temporary resident permit in Canada.

Criminal Inadmissibility Terms and Conditions

If you have a criminal record, you’ll need to maintain a valid TRP until the inadmissibility rule is removed for you specifically. This is also essential if you have a record and are seeking rehabilitation in Canada – in such instances, you’ll need to complete what is known as an application for criminal rehabilitation as well. The latter acts to address criminal inadmissibility, but the TRP is still required. Your stay must not pose a health or safety risk to society, and your eligibility will be determined by immigration and border authorities.

Other Valid Reasons

Other than the qualifiers we’ve already discussed, you may need a TRP if you live in a country where an Electronic Travel Authorization (eTA) is required but was denied. If you are therefore inadmissible, you must discuss the situation with your country’s visa office as they may have specific application terms. Speaking of which, you must provide as much supporting information as possible when applying – these can include documents validating your criminal record, medical status or any other factors contributing towards your eTA refusal. If you’re coming from a country where a visitor visa is required here in Canada, then you’ll need to provide this documentation when applying for it as well.

How Long Can You Stay?

Temporary resident permits are validated in advance for a set number of days. For example, if you’re receiving detox and rehabilitation care in Canada for a period of six months, then the TRP should cover the length of your entire stay. As soon as you leave to return to your originating country, the permit is invalidated – only those with special terms permitting re-entry are exempt from this. You have to leave before the expiry date printed on your TRP, though extensions are sometimes possible if you apply before this date. If you don’t adhere to the agreed-upon terms and conditions of your particular TRP or break the law in any way, your permit can be cancelled, and you’ll be forced to leave the country immediately.

What About Costs?

The current processing fee for a temporary resident permit is $200 CDN, and it won’t be returned if you are turned down or end up having your permit cancelled. The Government of Canada makes it easy to pay this fee online and monitor the progress of your application.

How a Lawyer Can Help

Sometimes, a temporary resident permit may be turned down due to a lack of supporting documentation or other uncertainties. Immigration and border services can’t afford to take risks, so you need to be clear and concise when working with them on securing one. If you’re struggling to submit everything you need or obtain approval, consulting with a lawyer experienced in inadmissible travel restrictions and TRP eligibility criteria can make this process easier. Our legal team at Beffa Law, for instance, can work closely with you to ensure you supply all the evidence required for your specific situation, whether for a criminal record, medical needs, a combination of the two or otherwise.

For more details on how we can assist you with your travel credential needs, reach out to us today. We look forward to providing you with peace of mind and compelling, well-informed legal guidance.

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BLOG, IMMIGRATION, NewsApril 29, 20210 comments
by Monica Beffa

Specialiștii IT: De ce și cum va puteți stabili în Canada

Te interesează sa emigrezi in Canada și lucrezi in IT? Iată ce oferă sistemul de emigrare Cnadian.

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BLOG, IMMIGRATIONJuly 16, 20190 comments
by Monica Beffa

Tech Professionals: 7 Top Ways You Can Immigrate to Canada

Canada uses innovative immigration policies including Express Entry, Global Talent Stream, Provincial Technology Pilot Programs to help fill in the need for Tech Professionals for its emerging technology industry.

Why Tech Professionals Should Immigrate to Canada

  • Canada is the most immigrant-friendly countries in the world, with a whole system built to easily integrate newcomers into society.
  • Canada’s society is open, tolerant, and ready to welcome all new immigrants, regardless of their backgrounds or countries of origin.
  • Tech professionals are highly in-demand in Canada, Tech job opportunities and salaries are at the top.
  • Canada’s education system has the top universities and colleges in the world. applicants having access to some world-recognized institutions.
  • Canada has one of the world’s best government-funded universal healthcare system for its permanent residents and citizens.
  • Canadian society is very safe and secure and has a stable, democratic political system.

The top Tech jobs, such as: Software Developers, IT Project Managers, Computer Programmers and Computer Engineers are highly in demand in Canada.

Tech Professionals in some of these most in demand positions can immigrate to

Canada in several ways:

  1. By coming to Canada through applying directly for permanent residence;
  2. By coming to Canada as a Temporary Resident on a Work Permit, before transitioning to Permanent Residence;
  3. By coming to Ontario, Canada, through Provincial Nominee Program Tech Pilot
  4. By coming to British Columbia, Canada, through Provincial Nominee Program Tech Pilot
  5. By coming to Quebec province through Quebec immigration system
  6. By coming from EU member country to work in Canada through CETA Work Permit Program
  7. By coming from USA or Mexico to work in Canada through NAFTA Work Permit Program

By coming to Canada through applying directly for permanent residence

Skilled workers applying directly for Permanent Residence come through Express Entry Program. Federal Economic Immigration Programs are:

  1. Federal Skilled Worker Program;
  2. Federal Skilled Trades Program;
  3. Canada Experience Class.

Candidates wishing to come to Canada through one of these programs must first register a profile in the Express Entry pool. This profile is given a score against a Comprehensive Ranking System, with the highest scoring profiles receiving an Invitation to Apply.

There are many ways in which candidates can boost their score while in the Express Entry Pool, including by securing a qualified job offer in Canada or by securing a student permit and enrolling in a Canadian university or college program.

Qualified Tech professionals are highly in demand in Canada, and the Express Entry system is easily accepting these types of candidates.

Canada’s Top Tech Occupations are:

  • Computer Engineer
  • Computer Programmer
  • Software Engineer
  • Software Developer
  • IT Project Manager

For more information if you qualify under Express Entry Program and how to boost your score, contact our immigration lawyers at Beffa Law.

By coming to Canada as a temporary resident on a work permit, before transitioning to permanent residence

More and more IT specialists are coming to Canada on a temporary Work Permit before transitioning to Permanent Residence. Canadian federal government launched the Global Talent Stream to specifically target technology occupations.

Candidates with a job offer get their Labour Market Impact Assessment, work permit and Canada visa processed in 2 weeks if they meet the program’s requirements.

Once candidates are in Canada and working through this program they can apply for Permanent Residence through Express Entry.

For more information about how to apply for a work permit and obtain the Labour Market Impact Assessment, contact our immigration lawyers at Beffa Law for a consultation.

By coming to Ontario, Canada, through Provincial Nominee Program Tech Pilo

Ontario has announced plans to create a dedicated provincial stream aimed at skilled technology workers through the Ontario Immigrant Nominee Program (OINP).

New Technology Sector Stream

Ontario government will create a dedicated stream to help Ontario’s technology sector attract highly skilled employees.

Ontario is Canada’s most populated province and its capital, Toronto, being the famous city that many newcomers call it ”home”. The technology sector stream is a response to the growing IT industry in Ontario, centered around Toronto which is considered the fastest growing tech market in North America. Ontario participates in OINP which helps to address labour market shortages occurring on the ground in specific Canadian provinces.

An OINP technology skilled worker stream follows the federal government’s successful Global Talent Stream for Tech workers, and also British Columbia’s PNP Tech Pilot, which gives technology workers priority for BC province nominations.

Tech Stream

Ontario immigration is to start targeting specific technology occupations with new tech draws from the Express Entry pool.

New Tech draws will focus on 6 specific NOC codes through Human Capital Priorities Stream of the OINP.

The purpose is to identify people with technological skills in the Immigration Refugees and Citizenship Canada (IRCC) Express Entry pool. The 6 Tech Occupations are:

NOC OINP Technology occupations
2173Software engineers and designers
2174Computer programmers and interactive media developers
2147Computer engineers
2175Web designers and developers
2172Database analysts and data administrators
0213Computer and information systems managers

Candidates must meet the criteria of the Human Capital Priorities stream as well as have work experience in one of the targeted occupations. Through this dedicated approach, Ontario is helping to make it easier for businesses in the technology sector to recruit top talent from around the world.

Candidates selected from the Express Entry pool receive a Notification of Interest (NOI) via IRCC account. They have 45 days to submit the application.

As part of the new focus on technology occupations, Ontario has also launched a new Business Immigration Services team. Employers can also get up-to-date information about application processing times and nominations issued to date.

Ontario Human Capital Priorities General Requirements

  • Ongoing profile under the Federal Express Entry system and be qualified for either the FSWP or the CEC.
  • Hold minimum of 1-year of full time, or full-time equivalent work experience under NOC occupation level 0, A or B, in the past five years if applying under the FSWP or in the past three years if applying under CEC.
  • Hold the equivalent of a Canadian Bachelor’s degree or higher.
  • Show language proficiency of minimum CLB/NCLC level 7 in English or in French.
  • Intention to reside in the province of Ontario.
  • Residing with legal status in Canada, if applicable.
  • Proof of required settlement funds.
  • Minimum Express Entry Comprehensive Ranking System score as determined by director under period draws.

The Ontario Immigrant Nominee Program (OINP) makes it that much easier to move to Ontario with its amendments, like the addition of a tech stream.

For more information about your qualification to immigrate through OINP Tech Pilot, contact our immigration lawyers at Beffa law for a consultation.

By coming to British Columbia, Canada, through Provincial Nominee Program Tech Pilot

Launched in 2017 and extended until June 2020, BC PNP Tech Pilot supports the attraction of skilled workers to satisfy the demand for tech talent. BC PNP Tech Pilot’s top features are: dedicated concierge service; weekly invitations for tech registrants to apply; priority processing; and focused outreach and engagement.

BC PNP issues invitations on a weekly basis to qualified applicants who have a valid job offer in one of the 29 eligible occupations.

Some of the Eligible occupations for the BC PNP Tech Pilot are:

NOC CETA Independent Professional IT occupations
0131 Telecommunication carriers managers
0213 Computer and information systems managers
0512Managers – publishing, motion pictures, broadcasting and performing arts
2147 Computer engineers (except software engineers and designers)
2171 Information systems analysts and consultants
2172 Database analysts and data administrators
2173 Software engineers and designers
2174 Computer programmers and interactive media developers
2175 Web designers and developers
2281 Computer network technicians
2283 Information systems testing technicians
5224 Broadcast technicians
5225 Audio and video recording technicians
5226 Other technical and coordinating occupations in motion pictures, broadcasting and the performing arts
5227 Support occupations in motion pictures, broadcasting, photography and the performing arts
5241 Graphic designers and illustrators.
6221 Technical sales specialists – wholesale trade

For more information about your qualification to immigrate through BC PNP Tech Pilot, contact our immigration lawyers at Beffa law for a consultation.The BC PNP supports employers to attract and retain needed talent by providing an expedited immigration pathway for internationally trained workers who have the required skills, experience and qualifications needed by BC employers, as well as international students who have completed their education in BC or elsewhere in Canada and have the critical skills required for BC’s technology sector.

By coming to Quebec through this province own immigration system

The Government of Quebec has a new Expression of Interest immigration system, Arrima, to manage applications under the Quebec Skilled Worker Program (QSWP).

Quebec’s Expression of Interest System

In August 2018, Quebec’s new Expression of Interest System came into effect as part of the province’s efforts to streamline the processing of QSWP applications. Individuals interested in applying for immigration to Quebec begin the process by declaring their interest in applying to the program and entering a profile in a profile using the Arrima portal.

On June 26, 2019, Quebec has introduced 3 important changes to its Expression of Interest system, as the immigration ministry prepares to issue the first invitations to apply from the Arrima portal: 1) Existing profiles get extra 6 months validity; 2) invited candidates get reduced 60 days to submit applications; and 3) profiles of candidates who decline invitations will remain in Quebec EOI bank.

Skilled Workers or international graduates in Quebec may apply to immigrate to Quebec under the Quebec Skilled Worker Program (QSWP), or the Quebec Experience Program (PEQ).

Quebec Skilled Worker Program

Foreign workers who want to settle as permanent residents in Quebec may be eligible through the QSWP which is a points-based initiative, operated separately from federal skilled worker programs. Successful applicants may bring accompanying family members to Quebec, and a separate job offer is not required.

Applicants who are successful under the QSWP are issued a Quebec Selection Certificate (CSQ) and can then apply to the federal government for permanent residence. Immigration, Refugees and Citizenship Canada (IRCC) will conduct a medical and criminal background check as part of its approval process.

In order to qualify for a CSQ, you must score enough points under the Quebec Immigration selection factors.

Quebec Experience Program (PEQ)

The Quebec Experience Program is another Quebec immigration pathway available to eligible international graduates with a Quebec diploma and individuals with at least 12 months skilled work experience in the past 24 months. Applicants to the PEQ are required to have an advanced knowledge of spoken French.

By coming from an EU country to work in Canada through CETA Work Permit

The Canada–European Union Comprehensive Free Trade Agreement (CETA) allows certain service providers, independent professionals, intra-company transferees, business visitors, and investors to work in Canada without the need for a Labour Market Impact Assessment (LMIA).

The LMIA process requires a potential employer in Canada to undergo a rigorous recruitment procedure before they hire a foreign worker. The fact that CETA facilitates the LMIA-exempt hiring of certain Europeans is therefore beneficial to employers and eligible workers alike.

CETA Categories are: Independent Professionals and Contractual Service Providers; Intra-Company Transfers; Investors; and Business Visitors.

Independent Professionals and Contractual Service providers

  • Applicants in either category of professionals must be contracted to provide a service in accordance with the list of occupations and concordance table.
  • Applicants must also be engaged in the temporary supply of a service for a period not exceeding 12 months.
  • The worker seeking entry into the Canadian labour market under the provisions of CETA must be a citizen of an EU member state.

Independent Professionals

Independent professional means a self-employed professional who has a contract to supply a service to a Canadian consumer.

The applicant must: be engaged in the supply of a service on a temporary basis as a self-employed person; and possess at least six years of professional experience in the sector of activity which is the subject of the contract.

Some CETA eligible occupations for independent professionals and contractual service suppliers are:

NOCOccupation
Engineering services and Integrated engineering services
0013 Senior managers – financial, communications and other business services: engineering designation required
0015 Senior managers – trade, broadcasting and other services, n.e.c.: engineering designation required
0016 Senior managers – construction, transportation, production and utilities: engineering designation required
0211 Engineering manager
2122 Forestry professionals: engineering designation required
213 Civil, mechanical, electrical and chemical engineers: all occupations
214 Other engineers: all occupations
2173 Software engineers and designers: only software engineers
Computer and related services
0213 Computer and information systems managers
2147 Computer engineers (except software engineers and designers):
217 Computer and information systems professionals: all occupations

For more information about working in Canada under CETA Trade Agreement, please contact our experienced immigration lawyers at Beffa law for a consultation.

By coming from USA or Mexico to work in Canada through NAFTA Work Permit

Under the North American Free Trade Agreement (NAFTA), certain types of workers from the United States and Mexico may work in Canada without a Labour Market Impact Assessment (LMIA). The NAFTA

NAFTA work permits are issued by the government of Canada under the International Mobility Program (IMP). Because U.S. and Mexican citizens do not require a Temporary Resident Visa to enter Canada, NAFTA work permit applications may be done at a Port of Entry, at a Visa Office, or online.

NAFTA Professionals

The NAFTA Professionals category is a popular category for eligible U.S. and Mexican citizens with requisite education and experience to work in Canada. The eligible occupations list includes a broad range of professions.

NAFTA Professionals occupations are:

NOC NAFTA Technology occupations
2171 Computer Systems Analyst
2147, 2173, 2131, 2132, 2133, 2134, 2241…. Engineer
1122 Management Consultant
2231 Technical Publications Writer

NAFTA professionals wishing to work in Canada should note the following requirements:

  • Must be a citizen of the U.S. or Mexico.
  • Must be in a profession identified in the list above.
  • Must have a qualification to work in that profession (degree or certification in a related educational program).
  • Must have pre-arranged employment with an employer in Canada.
  • Must have provision of professional level services in the field of qualification.

** A new agreement between Canada, the United States and Mexico has been signed but is not yet ratified. This deal, known as Canada United States Mexico Agreement (CUSMA), may replace the existing NAFTA, with new opportunities for eligible professionals to work in Canada.

For more information about NAFTA work permits and your qualification to work in Canada under NAFTA, contact our experienced immigration lawyers at Beffa Law.

How We Can Help IT Professionals Move to Canada

At Beffa Law we offer our international clients comprehensive assistance in immigration. We provide individual clients with extensive legal counsel drawing on our more than 11 years of combined professional experience.

We will empower you on how to raise your profile, including your CRS score in the Express Entry Pool. We can also teach you how to find a job in Canada from overseas.

APPOINTMENT
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BLOG, IMMIGRATIONJuly 15, 20192 comments
by Monica Beffa

ONTARIO ANNOUNCES A NEW FOREIGN TECH WORKER STREAM & AN IMMIGRATION PILOT FOR SMALLER COMMUNITIES

April 11, 2019 – The province of Ontario announced plans to launch a new PNP (Provincial Nominee Program) stream for high-skilled tech workers. The new stream was announced in the 2019 Ontario Budget which also promises the creation of a new immigration program to attract skilled workers to Ontario’s rural communities.

Ontario’s tech sector has been growing significantly in recent years, with the city of Toronto now ranking as the fastest growing tech sector in North America. This new PNP stream will enable Ontario to fuel the continued growth of its powerful tech industries.

Exact details about the tech workers’ PNP stream have not yet been revealed, there are still questions about which occupations will be eligible and how the application process will work.

Stream for Tech Workers

The Budget says that the government will create a “dedicated stream” to help Ontario’s technology sector attract highly skilled employees.”

“The Province is responding to the needs of Ontario’s employers by attracting the skilled workers they need through enhancements to the Ontario Immigrant Nominee Program (OINP)”, government says. “Through the modernization of the OINP, and in tandem with its other initiatives, the government will continue to ensure that Ontario’s workforce remains among the most highly skilled for the modern economy.”

OTHER CHANGES TO ONTARIO IMMIGRATION

In addition to the new tech stream, Ontario announced 3 other changes to its provincial immigration programs:

A New Pilot for Smaller Rural Communities

 Ontario will launch a new immigration pilot program designed to attract workers to the province’s smaller communities. The budget says the government will also begin a pilot initiative “to explore innovative approaches to bring highly skilled immigrants” to smaller communities around the province.

The government said the pilot’s purpose will be to “spread the benefits of immigration to smaller communities.”

This announcement follows the success of the Atlantic Immigration Pilot Program (AIP), a joint federal-provincial initiative that allows designated employers in Canada’s 4 Atlantic provinces to recruit skilled foreign workers for jobs they haven’t been able to fill locally.

Canada recently revealed a Northern and Rural Immigration Pilot similar to the AIP that will help small or isolated communities in provinces and territories outside Atlantic Canada to recruit foreign workers.

Changes to the Entrepreneur Stream

The province will “recalibrate” the eligibility thresholds for investment and personal net worth in order to “make Ontario more competitive with other provinces” and expand the province’s base of prospective candidates.

The current minimum net worth under the stream’s eligibility requirements varies depending on where the business will be located:

  • $1,500,000 minimum net worth for entrepreneurs hoping to locate within the Greater Toronto Area (GTA).
  • $800,000 minimum net worth for entrepreneurs hoping to locate their business outside the GTA.
  • $800,000 minimum net worth for entrepreneurs in the ICT/Digital Communications sector regardless of where they want their business to be located.

The current minimum personal investment thresholds are:

  • $1,000,000 minimum personal investment if the proposed business will be located within the GTA.
  • $500,000 minimum personal investment if the proposed business will be located outside the GTA.
  • $500,000 minimum personal investment if the proposed business will be in the ICT/Digital Communications sector regardless of location.

Fair ONIP allocation – The success of immigration policies is a shared responsibility among the federal, provincial and territorial governments.Ontario’s budget “calls on the federal government to work with the Province” to ensure that the ONIP’s nomination allocation is “fair.”

The OINP receives an allocation each year from Canada’s federal government that allows it to nominate a set number of economic immigration candidates for permanent residence in the province. The OINP’s 2019 allocation is 6,900, which fell short of Ontario’s request for an allocation of 7,600 nominations. The allocation represents a small part of annual immigration to Ontario, which totalled 137,410 newcomers in 2018.

Changes to the In-Demand Skills Stream

The province will be adding truck-drivers and personal support workers to the list of eligible occupations for this stream. The In-Demand Skills stream is part of Ontario’s Employer Job Offer category and requires all applicants to have a valid job offer from an Ontario employer.

Ontario’s new budget also says the government will seek to include truck drivers and personal support workers under the occupations that are eligible for the OINP’s Employer Job Offer: In-Demand Skills Stream. The stream allows the OINP to nominate foreign workers with a permanent and full-time job offer from an Ontario employer in one of its eligible occupations to apply to live and work permanently in Ontario.

Eligible occupations under the stream are classified by Canada’s National Occupation Classification (NOC) as Skill Level C or D.

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BLOG, IMMIGRATIONJune 18, 20190 comments
by Monica Beffa

Quebec To Increase Immigration Levels To 52,500 By 2022

June 7, 2019 – Immigration levels to Quebec could reach 52,500 by 2022 under new proposals introduced by Quebec provincial government.

During the last Quebec election campaign, the Coalition Avenir Québec (CAQ) introduced a temporary reduction of its immigration levels. The CAQ decreased immigration by about 20% in 2019, from 52,000 to 40,000.

Immigration Minister Simon Jolin-Barrette said that Quebec aims to gradually increase immigration by 3,000 to 4,000 annually from 2020 until 2022, when it will return to about 52,000 annually in order to address the province’s labour shortage and “to allow both state and civil society actors to provide all immigrants to the province with the tools they need to successfully integrate into Quebec society.”

The CAQ introduced a temporary reduction of its immigration levels to address concerns that newcomers are not integrating into the majority French-speaking province.

By enacting Bill 9, Québec plans to cancel thousands of existing skilled worker applications in order to transition to the new Québec Expression of Interest system, which is similar to the federal Express Entry system.

“That’s really important that we need a step back for the year 2019 and after that, when the immigration system is repaired, we’ll be able to get more immigrants but in the immigration categories to answer the need of the Quebec work market,” the Immigration Minister said.

The proposal targets incremental increases each year, with a maximum of 44,500 to be admitted in 2020, 47,500 in 2021 and 52,500 by 2022. Of this numbers, 65 per cent would be selected through Quebec’s economic-class immigration programs compared to 59 per cent this year.

The government’s immigration budget will also rise by $146 million per year to help immigrants adapt better and learn French.

The CAQ’s immigration reforms have been criticized as unfair to the province’s labour needs. The CAQ’s  move to dismiss a backlog of more than 18,000 pending applications to the Quebec Skilled Worker Program under Bill 9 was blocked by a court order in February.

Quebec Skilled Worker Backlog

  Applications Dependents
Number of pending applications 18,000 45,000+
Number of people working/studying in Quebec 3,700 9,250
Number of applications concluded monthly 2,000 5,000
Number of applications accepted monthly 1,000 2,500

Minister Simon Jolin-Barrette said the applications submitted under the Quebec Skilled Worker Program on a first-come first-served basis was not in touch with Quebec’s workforce needs. Quebec’s Expression of Interest system is a better fit for Quebec’s efforts to tailor the selection of skilled workers to actual labour needs in the province, Minister Jolin-Barrette said. The CAQ’s proposed immigration reform which would match immigrants’ job skills with Quebec’s employment needs is an essential solution before more people come to Québec.

Other proposals outlined in the new document include:

  • Favouring foreign workers and foreign nationals with a degree in Québec who meet the province’s labour market needs and who are already living in Quebec as temporary residents;
  • Favouring skilled applicants with in-demand training or a validated job offer who match short-term labour market needs in Quebec;
  • Expediting the arrival of economic-class immigrants in order to respond more quickly to Quebec’s labour needs;
  • Supporting efforts by employers in all regions of Quebec to recruit temporary foreign workers by reducing delays before their arrival and to facilitate procedures to meet the needs of the workforce. short-term work;
  • Promoting the selection of immigrants who know Quebec’s democratic values and the values enshrined in Quebec’s Charter of Human Rights and Freedoms;
  • Expanding the number of adult immigrants who speak French by expanding access to government-run French language training; and,
  • Encouraging the permanent immigration of young people to counter the province’s ageing and declining population.

Bill 9 is not yet passed and, until it becomes law, the immigrant selection system will stay the same.

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BLOG, IMMIGRATIONJune 18, 20190 comments
by beffalaw_a0hv81

Canadian Work Permit for EU Citizens

 

Under the provisions of the Comprehensive Economic and Trade Agreement (CETA) (effective as of September 2017), it is easier for citizens of EU member states to obtain work permits in Canada.

Before CETA, a Canadian employer could obtain a work permit for foreign workers coming from EU only by completing a  Labour Market Impact Assessment (LMIA), which essential had to prove that the skill-set needed by the employer could not be found in Canada. According to CETA, certain contractual service suppliers and independent professionals can work in Canada without the need to apply for a Labour Market Impact Assessment (LMIA).

Under the accord, applicants in either category may stay in Canada for a cumulative period of no more than 12 months in any 24-month period or for the duration of the contract, whichever is less.

Two general criteria must be met to qualify for a CETA work permit, and are related to applicant status and applicant qualifications:

  1. Applicant status criteria: applicants in either professional category must be:
  • citizens of a European Union member state;
  • engaged in the temporary supply of a service for a period not exceeding 12 months; and
  • contracted to provide a service in accordance with the regulations set out in CETA.

Examples of the permitted professions are: Engineers, Computer Systems Analysts, Accountants, and Management Consultants, Financial and Insurance Managers (advisory and consulting only), Advertising Managers, and Market Research Managers.

  1. Applicant qualifications criteria: applicants in either professional category must possess:
  • a university degree or a qualification demonstrating knowledge of an equivalent level; and
  • professional qualifications if required to practice an activity pursuant to the laws or requirements in the province or territory where the service is supplied.

Some categories of engineering and scientific technologists are eligible to enter Canada as professionals without a university degree.

Criteria for contractual service suppliers

Contractual service supplier means an employee of an enterprise in the European Union (EU) who has a contract to supply a service to a Canadian consumer. The EU enterprise cannot have an establishment in Canada.

In addition to the general criteria listed above, as a contractual service supplier, the applicant must also:

  • be engaged in the supply of a service on a temporary basis as an employee of an enterprise which has obtained a service contract;
  • have been an employee of the EU-headquartered enterprise for at least one year prior to application;
  • possess three years of professional experience in the sector of activity that is the subject of the contract at the date of submission; and
  • not receive remuneration for the provision of services other than the remuneration paid by the enterprise employing the contractual service suppliers during their stay in Canada

Criteria for Independent Professionals

Independent professional means a self-employed professional who has a contract to supply a service to a Canadian consumer.

In addition to the general criteria listed above, as an Independent Professional, the applicant must also:

  • be engaged in the supply of a service on a temporary basis as a self-employed person; and
  • possess at least six years of professional experience in the sector of activity which is the subject of the contract as of the date of submission of an application for entry into Canada.

Business Visitors:

Under CETA, there are two categories of business visitors: short-term business visitors and business visitors for investment purposes.

All CETA business visitors may seek entry to Canada for a number of regular visits related to a specific project. These visits may take place over a period of weeks or months.

The activities listed below apply to short-term business visitors from an EU member state entering Canada.

  • Meetings and consultations
  • Research and design
  • Marketing research
  • Training and seminars
  • Trade fairs and exhibitions
  • Sales
  • Purchasing
  • After-sales or after-lease service
  • Commercial transactions
  • Tourism personnel
  • Translation and interpretation

Restrictions on Business Visitor Eligibility under CETA

Short-term business visitors cannot:

  • Engage in selling a good or a service to the general public
  • Receive remuneration directly or indirectly from a source in Canada
  • Be engaged in the supply of a service, except as provided in Annex 10-D

 

Intra-Company Transfer

CETA sets conditions whereby people may be transferred to work in Canada within the same affiliated Canada company.

Under CETA, all intra-company transferees must:

  • Have been employed by an enterprise of, or have been partners in an enterprise of, an EU member state for at least one year; and
  • Be temporarily transferred to an enterprise (that may be a subsidiary, branch or head company of the enterprise) in Canada.

The applicant must belong to one of the following categories:

  • Senior personnel and specialists
  • Graduate trainees

In addition to the criteria outlined above, graduate trainee applicants must:

  • Possess a university degree; and
  • Be temporarily transferred to an enterprise in Canada for career development purposes or to obtain training in business techniques or methods

Investors:

CETA provides provisions that allow eligible investors to stay in Canada for up to one year, with the possibility of extending their stay at the discretion of an officer.

The investor provisions of CETA apply to applicants who:

  • Will establish, develop or administer the operation of an investment in a capacity that is supervisory or executive;
  • Are the investor; and
  • Are employed by an enterprise that has committed or in the process of committing a substantial amount of capital.

At BEFFA LAW, we had successfully prepared application for CETA work permits, and carefully crafted the supporting documentation for the corresponding applicant category.  If you are interested in obtaining a CETA work permit, please reach out to us!

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BLOG, IMMIGRATIONSeptember 16, 20180 comments
by Monica Beffa

Parents And Grandparents Sponsorship Selection Process

CANADA TO ACCEPT 20,000 PARENTS/GRANDPARENTS SPONSORSHIP APPLICATIONS IN 2019

Immigration, Refugees and Citizenship Canada (IRCC) declared it will end in 2019 its controversial lottery selection process under the Parents and Grandparents Program . IRCC will revert to a first-come, first-served approach to inviting interested sponsors to apply.

The news announced on August 20, 2018 also said that the IRCC will accept up to 20,000 new sponsorship applications in 2019 through the Parents and Grandparents Program (PGP).

Existing selection process

In 20177 IRCC’s implemented a randomized selection process for applications to the Parents and Grandparents Program. At that time, the government claimed that a randomized approach would level the playing field and give everyone the same opportunity to be selected to sponsor their parents/grandparents. Not everyone agreed, and the decision was widely criticized as unjust. Families complained that the randomized process gave them no way of knowing if they would ever be selected to reunite with their loved ones.

The changes announced last month are IRCC’s  response to these concerns. The IRCC said that “[a]s a result of listening to stakeholders and closely examining the PGP Program, the government is making further changes to the application intake process that will streamline access to the program and improve client experience.”

Immigration Minister Ahmed Hussen said that these changes are evidence of the Government of Canada’s “commitment to helping families live, work and thrive together, in Canada.”

Will it Help?

According to IRCC,  its inventory of PGP applications dropped from a peak of 167,000, in 2011, to just under 26,000, in June 2018. This reduction of inventory has allowed the IRCC to increase its intake quota to 20,000 in 2019.

This new cap doubles IRCC’s original applications cap for 2018, which was set at 10,000 and was increased to 17,000 in July 2018. To meet this increased 2018 quota, the second round of invitations sent by the IRCC at the end of July will have until October 5, 2018 to submit a complete application.

Those interested in sponsoring their parents/grandparents in the 2019 will have to complete an Interest to Sponsor form online at the beginning of the year. Even though a a first-come, first-served selection approach will not fully guarantee approval of every application, the increased yearly quota is definitely good news for the Canadian sponsors

At a glance

How will the parents and Grandparents program change?

Old Program New Program
  1. Application to open in January for submission of Interest to Sponsor forms.
  2. Sponsors are drawn randomly from all sponsors who submitted Interest to Sponsor forms. The IRCC had 2 draws in 2017 & 2 in 2018.
  3. The sponsors drawn are issued invitations to apply and have 90 days to submit a full application.
  1. Application to open in January for submission of Interest to Sponsor” forms.
  2. Sponsors to be issued invitations to apply in the order they submitted the Interest to Sponsor forms.
  3. The sponsors who received invitations to apply have 90 days to submit a complete application.

 

Read More About Family Sponsorship

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IMMIGRATIONSeptember 5, 20180 comments

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12 Days of Christmas - Official Rules

Beffa Law’s 12 Days of Christmas Giveaway – Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN

Participation constitutes the entrant’s full and unconditional agreement to and acceptance of these Official Rules. Beffa Law’s 12 Days of Christmas giveaway submission period commences at 7:00 a.m. EST on December 12, 2022, and ends at 11:59 p.m. EST on December 22, 2022, with the final winner announced on December 24, 2022. The contest is sponsored by Beffa Law.

  1. Eligibility: Beffa Law’s 12 Days of Christmas giveaway is open only to legal residents of Ontario who are 18 years of age or older. Entrants must also be Canadian citizens or Permanent Residents who reside in Ontario at the time of entry. Employees, contractors, directors, and officers of Beffa Law and its respective affiliated companies, distributors, licensees, and the advertising, fulfillment, judging, and promotion agencies involved in the development and administration of this promotion and their immediate family members and those living in the same households of each are not eligible to enter the contest.
  2. Promotion Period: The promotion begins at 7:00 a.m. (EST) on December 12, 2022, and ends at 11.59 p.m. EST on December 23, 2022. All submissions must be entered during the official time frame of the promotion to be eligible.
  3. How to Enter: (all entrants acknowledge their information will not be used or sold for other marketing or promotional purposes.)
    During the promotion period, go to the Beffa Law Facebook page and Beffa Law Instagram page and follow the instructions for each of the 12 days. Entrants must like the Beffa Law Facebook page and Instagram pages before December 12, 2022, to get specific daily instructions on how to enter the contest each day.
  4. Daily Entries: MUST LIMIT ONE (1) ONLINE ENTRY PER PERSON, PER DAY. For purposes of this promotion, a day is defined as a 24-hour period beginning at 12:00 a.m. EST and ending at 11:59 p.m. EST.
  5. Prize & Odds: Daily prize will not exceed $250 and will be picked up by the winner after the promotion period ends. No substitution or transfer of prize is permitted except at the Sponsor’s sole and absolute discretion. All taxes, and all other costs associated with acceptance or use of the prizes, are the sole responsibility of the winner. The odds of winning the prize depend on the total number of entries received.
  6. Claiming the Prize: IF CHOSEN AS THE WINNER, please privately message us to receive further instructions on how to claim your prize.
  7. Sponsor reserves the right to remove and invalidate from this promotion posts, comments, or statements of wishes that Sponsor determines in its sole discretion are inappropriate.

General Rules: Beffa Law 12 Days of Christmas Giveaway rules and guidelines:

  1. You must be 18 or older to participate.
  2. All submissions must be entered during the official time frame of the promotion to be eligible.
  3. Sponsor reserves the right to remove and invalidate from this promotion posts, comments, or statements of wishes that Sponsor determines in its sole discretion are inappropriate.
  4. All federal, provincial and municipal laws apply. Winners will be notified through Facebook and Instagram and have 24 hours to redeem their prize. The return of any prize/prize notification as undeliverable or failure to respond to notices or return any documents in a timely manner, as determined by the administrator, may result in disqualification and an alternate winner may be chosen. By participating, participants agree to release, discharge, and hold harmless promotion parties from and against any and all liability or damages associated with this promotion or acceptance, use, or misuse of any prize received in this promotion. Promotion parties are not responsible for any typographical or other error in the printing of the offer or administration of the promotion. Acceptance of the prize constitutes permission for the Sponsor and their agencies to use the winner’s names and likenesses for purposes of advertising and publicity without further compensation unless prohibited by law. By participating in this promotion, participants agree to be bound by the Official Rules and decisions of Beffa Law, which shall be final in all matters relating to the promotion. Promotion parties are not responsible for lost, late, misdirected, stolen, illegible, inaccurate, damaged, incomplete, non-delivered, or postage-due mail; or for printing, distribution, or production errors or technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this promotion, or by any human, or other error, which may occur in this promotion. If in the administrator’s sole opinion, there is any suspected or actual evidence of tampering with any portion of the promotion, or if technical difficulties compromise the integrity of the promotion, Beffa Law reserves the right to void suspect entries and/or modify and/or suspend and/or terminate the promotion and/or conduct a random drawing to award the prizes in a manner deemed appropriate by the administrator. In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the name appearing on the online entry. Sponsor reserves the right to disqualify any individual who tampers with the promotion or website or acts in a disruptive manner. This promotion is offered only in Canada and is governed by the laws of the province of Ontario, Canada. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the Province of Ontario for any action, suit, or proceeding arising out of or relating to this promotion.
  5. Waiver: By participating in this promotion, participant waives all rights to claim punitive, incidental, and consequential damages, lawyer’s fees, or any damages other than actual out-of-pocket costs incurred to participate. The Prize winners waive all rights and indemnify the Sponsor against any loss or liability resulting from the Grand Prize.
  6. Winners’ names will be posted on Beffa Law’s Facebook and Instagram Pages.
  7. Sponsor: Beffa Law Professional Corporation, 301-231 Oak Park Blvd., Oakville, Ontario, L6H 7S8, Canada.
  8. Facebook and Instagram are not sponsors of Beffa Law 12 days of Christmas Giveaway and any entrants agree to release both Facebook and Instagram from all liability related to the contest.
  9. Beffa Law reserves the right to modify, change, or cancel this promotion at any time, without notice.
  10. Disputes: Each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with Beffa Law’s 12 Days of Christmas, or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of the province of Ontario; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the contest, or statutory damages, but in no event lawyers’ fees. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the province of Ontario, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the Province of Ontario.

 

REFINANCE
  • Review mortgage instructions for refinancing.
  • Conduct and review title searches for any defects in the title.
  • Conduct and review writ searches and execution searches.
  • Secure title insurance and all correspondence with the title insurance company.
  • Review mortgage instructions.
  • Draft all mortgage documents
  • Register mortgage documents.
  • Extensive correspondence with the lenders and banks.
  • Receive mortgage funds.
  • Review certificate of insurance.
  • Meet with client to explain and sign all legal documents
  • Close the refinance transaction and securely transfer the funds
  • Register mortgage on title
  • Open the refinance file and access to client portal
  • Report to client, lender & realtor about closing
  • One in person appointment or remote signing on zoom
  • After office hours appointment.

CLOSING COSTS &  NOT INCLUDED IN FEES;

  • Title Insurance (as per Invoice)
  • Registration Costs/ per Mortgage;
  • Software Charges;
  • Flat disbursements cost, title searches, writ searches, execution searches, bank charges, courier charges etc.

CALCULATE YOUR COSTS

OCCUPANCY
  • Acting for you in matters relating to your purchase of the property
  • Review the Agreement of Purchase and Sale
  • Conduct and review title searches for any defects in the title Submit requisitions on the title and review the responses
  • Search for arrears of taxes and obtaining a certificate
  • Confirm that utilities were in satisfactory standing and arranging for meters be read
  • Search for executions
  • Examine the draft deed
  • Review the statement of adjustments
  • Reviewing the documentation provided by the builder including warranties, declarations and vendor’s and purchaser’s undertakings, and verifying enrolment with Tarion Warranty Corporation
  • Draft documents and statements in accordance with Land Transfer Tax Act
  • Correspondence with the Condominium Corporation and obtain a Status Certificate and Certificate of Insurance and review the same
  • Meet with client to explain and sign all legal documents
  • One in person appointment or remote signing on zoom
  • Close the transaction and securely transfer funds
  • Register transfer

OTHER CLOSING COSTS

  • Software charges ;
  • Disbursements includes one title search

CALCULATE YOUR COSTS

TITLE TRANSFER
  • Complete the required documents and gather the supporting documents
  • Obtain appropriate legal advice for the tax and other implications of the title transfer
  • Review the forms for completeness and accuracy
  • Perform title searches
  • Obtain title insurance
  • Update the contents and fire insurance policy
  • Update ownership records in the utility bills
  • Advise current mortgage lender of the title changes
  • Get the title change documents registered and report them to the clients
  • Send information to the city’s tax department and condo property management of changes in ownership

CLOSING COSTS NOT INCLUDED IN FEES

  • Software charges
  • Flat disbursements cost – includes one title search
  • Registration Fee

CALCULATE YOUR COSTS

SALE
  • Review mortgage instructions for refinancing.
  • Conduct and review title searches for any defects in the title.
  • Conduct and review writ searches and execution searches.
  • Secure title insurance and all correspondence with the title insurance company.
  • Review mortgage instructions.
  • Draft all mortgage documents
  • Register mortgage documents.
  • Extensive correspondence with the lenders and banks.
  • Receive mortgage funds.
  • Review certificate of insurance.
  • Meet with client to explain and sign all legal documents
  • Close the refinance transaction and securely transfer the funds
  • Register mortgage on title
  • Open the refinance file and access to client portal
  • Report to client, lender & realtor about closing
  • One in person appointment or remote signing on zoom
  • After office hours appointment.

OTHER CLOSING COSTS 

  • Title Insurance (as per Invoice)
  • Registration Costs/ per Mortgage
  • One Mortgage payout with a Tier 1 bank
  • Software & office disbursements
  • Flat disbursements cost includes one title search

CALCULATE YOUR COSTS

PURCHASE
  • Review the Agreement of Purchase and Sale.
  • Conduct and review title searches for any defects in the title.
  • Submit requisitions on the title and review the responses.
  • Conduct and review writ and execution searches.
  • Secure title insurance and all correspondence with the title insurance company.
  • Examine draft transfer deeds and draft closing documents.
  • Review the statement of adjustments.
  • Draft documents and statements in accordance with Land Transfer Tax Act.
  • Draft documents to apply for first-time home buyer rebate for the client.
  • Correspondence with the lender and banks.
  • Review the certificate of insurance.
  • Meet with client to explain and sign all legal documents
  • Close the purchase transaction and securely transfer funds
  • Register transfer
  • Report to client, lender & realtor about closing
  • One in person appointment or remote signing on zoom
  • After office hours appointment

OTHER CLOSING COSTS

  • Land Transfer Tax
  • Title Insurance (as per invoice)
  • One Mortgage with a Canadian Tier 1 bank
  • Government Registration fees
  • Teranet and search fees;
  • Software fee and other office disbursements

CALCULATE YOUR COSTS

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