FREQUENTY ASKED QUESTIONS (FAQ)

Active Professionals claim no responsibility for the accuracy of the information. Application of law can vary drastically according to the facts of a particular case. The Frequently Asked Questions (FAQ) is not meant to be specific legal advice. Much of the information contained in this page is provided for only a starting point. Please use your own judgment.

Do you provide free information to people who are applying for any service provided at Active Professionals?

No. This is due to the many time consuming complications that arise which take our staff away from the duties and responsibilities of serving our clients. We recommend to all of you to book a private consulting time to know all of your options and to ask all of your questions at once. It cost you a nominal fee and we will provide a clear crystal idea about your options after knowing the background informations. There is no obligation to retain our services after initial consulting meeting.  

FOREIGN WORKERS

What is a 'Temporary Foreign Worker”?

A Temporary Foreign Worker is a designation made by the federal government regarding a person's status in . In short, they are workers who are brought to by a specific employer to work for a limited period of time. To receive permission to bring in temporary workers, an employer must demonstrate that they are unable to find workers in to do the work.

Temporary workers are different than immigrants because they are not allowed to remain in permanently. The temporary worker has a more limited range of rights than Canadians or permanent landed immigrants, because their presence in is linked to a specific employer. Initially, they are not allowed to remain in or apply for citizenship. With the agreement of the employer, they may be transferred to a program that allows them to remain in the country. However, the process is employer-driven, and puts these workers in a vulnerable position.

What is a Canadian work permit?

A Canadian work permit is a temporary resident visa issued by Citizenship and Immigration Canada to grant permission to foreign workers seeking to engage in employment in. It has a typical maximum validity of up to one year, although work permits can be issued for up to two years in some cases.

Who qualifies for a temporary employment authorization?

Generally, a temporary employment authorization may be issued to a person in good standing, where in the opinion of an immigration officer, employment of the person in Canada will not adversely affect employment opportunities for Canadian citizens or permanent residents in Canada or affect the settlement of any labour dispute that is in progress at the place or intended place of employment. Such an opinion is usually formed following a favorable employment validation process conducted by a Human Resources Development Centre in and in the absence of a medical or security inadmissibility. 

Is a work permit necessary in every Canadian province?

Yes, such authorization is required to engage in work in any province in . However, foreign workers seeking to be employed in the province of Quebec may be additionally required to obtain a Certificat d'acceptation du Québec (CAQ) to be eligible.

What is considered work?

Work is defined in 's laws as any activity for which an individual receives payment, or one that competes directly with Canadian citizens or permanent residents in the Canadian Labour Market. "Work" may therefore include some unpaid positions (i.e., internships), situations in which a foreign individual is self-employed, and other situations which may not be apparent.

Is a work permit always required?

No, exemptions exist by which a foreign individual may not be required to obtain a work permit. Positions which do not meet the definition of work would not be subject to the requirement. In addition, there are circumstances in which a foreign worker may be allowed to engage in work in without a permit. The most common example of such is the Business Visitor (R186a).

Once a work permit is issued, can I change employers?

It would generally be necessary to seek a new work permit in order to engage in work with a different employer. A work permit is generally issued on the basis of an intention to work in a specific position and for a specific employer.

Will a work permit lead to permanent resident status?

A work permit is a temporary resident visa. However, there is no bar to an application for permanent resident status while residing in as a temporary resident with a work permit.

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Can I work in on the basis of a work permit in another country?

No, it would still be necessary to obtain a Canadian work permit. Conversely, a Canadian work permit does not automatically entitle an individual to work in any other countries.

Who can make a job offer?

What should be contained in the job offer?

The job offer should contain the details of the position being offered, including: the title of the position being sought in ; the responsibilities associated with that position; remuneration for employment; the duration of the position; and the location of employment.

Depending on the specific category of the work permit application, additional details may have to be included in the offer.

The answer is almost no. Although it may not take the form of a typical job offer, there must be a specific position of employment or business interest being pursued in . It is not possible to seek a work permit for the purpose of seeking employment in .

What is job offer confirmation?

How long does confirmation take?

The duration of the confirmation process depends on a number of factors, including the specific location at which the offer is being made. Additional delays may occur in the case that the Canadian employer is not capable of demonstrating that a significant effort to hire a Canadian has taken place. In such a case, it may be necessary to spend time engaging in an advertising effort prior to being able to conclude the confirmation application.

Is confirmation required for every job offer?

No, exemptions from the confirmation requirement exist. Common examples of such exemptions include international treaties such as NAFTA or GATS, and positions which offer a significant benefit to . Other programs, such as Facilitated Processing of Information Technology Workers (Pilot Project), offer blanket confirmation of certain positions of employment, meaning that the entire confirmation process is not required.

Are any positions not eligible for confirmation?
There are no job definitions that are specifically excluded from receiving confirmation. However, positions that do not require specialized abilities or skills will often be more difficult cases. As there is typically a large basis in the labour market capable of filling such positions, it may be inherently difficult to achieve confirmation of such positions.

What is Human Resources and Social Development ’s (HRSDC) role?

Human Resources and Social Development Canada’s (HRSDC) role is to develop a Labour Market Opinion and will examine several factors. Some of the factors considered include whether the hiring of a foreign national will help create opportunities or benefit for Canadian job seekers; and whether working conditions and wages offered are in line with what Canadians would expect. 

What is Citizenship and Immigration ’s (CIC) role?

When Human Resources and Social Development Canada issues a positive labour market opinion. Citizenship and Immigration Canada (CIC) will evaluate an application from the worker, ensuring that the applicant meets the requirements of the position and other requirements of Immigration legislation.

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LIVE-IN CAREGIVER PROGRAM 

Employee

Your family members living in and abroad may be included in your application for permanent residence in . This means that their applications for permanent resident status will be processed at the same time as yours. However, all your family members, both in and abroad, must pass medical and background checks, whether they are accompanying you or not. You cannot acquire permanent resident status until your family members have passed these checks. After all requirements have been met, you and your family members in will be invited to the Citizenship and Immigration Canada office nearest your home to be given permanent resident status. An officer will then issue immigrant visas to your family members living outside who were included on your application. Your family members can then come to and acquire confirmation of permanent residence on their arrival.

How much should I be paid if I am asked to work extra hours or during a day off?

The amount should be based on standards set by your provincial or territorial department of labour under employment standards legislation. You should be paid for overtime according to the law or as specified in your contract if the amount in the contract is higher.

Can I refuse to work for personal or religious reasons?

There should be a clear understanding in the contract of the hours you are required to work and your time off, including holidays and vacations. Requirements for time off to deal with special matters should be cleared with your employer before you sign a contract. You have the right to refuse duties that are not in your contract.

Can I return to my home country for a vacation?

Yes, but there are several facts you should be aware of. Your vacation entitlement should be specified in your contract with your employer. If you take a longer vacation than you have agreed to in your contract, you could lose your job in .

If your home country has a Canadian temporary resident visa (TRV) requirement, you may have to reapply for a TRV before you can return to . This could take time.

If you remain outside for more than one year, or if your work permit expires while you are outside , you will have to reapply to return to under the Live-in Caregiver Program.

 
Employer

Can I fire an incompetent employee?  

Yes. If an employee does not carry out the duties as agreed to in the contract, you can give him or her the required notice or pay in lieu of notice.

Am I responsible if my employee becomes sick, has an accident, is hospitalized or needs home recovery?

Your employee is entitled to sick leave as specified in provincial or territorial legislation. Do not force your employee to work if he or she is ill. Your employee should be covered under the required health or workers' compensation plan of the province or territory of work. Your responsibility would depend on the coverage provided under these plans. Your employee may also be eligible to collect Employment Insurance sickness benefits.

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CANADIAN CITIZENSHIP

Who can become a Canadian citizen as an adult?

To become a Canadian citizen:  

• you must be 18 years of age or older;
• you must be a permanent resident who has lived in for three of the four years preceding the application;
• you must be able to communicate in English or French; and
• you must have knowledge of , including the rights and responsibilities of citizenship.   

Who can become a Canadian citizen as a child?

Parents or legal guardians may apply for citizenship on behalf of a minor (under 18 years of age) as soon as the minor receives permanent resident status. To apply on behalf of a minor, one parent must already be a Canadian citizen or must be applying to become a citizen at the same time.

Who cannot become a Canadian citizen?

In general, you cannot become a Canadian citizen if:  

• you are in prison, on parole or on probation or you were in prison, on parole or on probation for a year or more in the past four years;
• you are currently charged with an indictable offence (a crime);
• you were convicted of an indictable offence or crime, or an offence under the Citizenship Act in the three years preceding your application;
• you are under a removal order;
• you are under investigation for or you were convicted of a war crime or a crime against humanity; or
• your Canadian citizenship has been taken away (revoked) in the past five years.   

How much does it cost to apply for Canadian citizenship?

The fee for adults is $200. For children under 18, it is $100.

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Can I apply for a child if I am not the parent?

A child’s legal guardian may apply for citizenship on behalf of the child if the child has at least one Canadian parent (natural or adoptive). If a child has a Canadian legal guardian but no Canadian parent (natural or adoptive), the child is not eligible for citizenship.

I am still a citizen of another country. Will I lose that citizenship if I become a Canadian?

Under Canadian law, a Canadian is allowed to be a citizen of another country as well. Some countries, however, will not let you keep their citizenship if you become a Canadian citizen. The consulate or embassy of your other country of citizenship can let you know if this applies to you.

Could I be a Canadian citizen and not know it?

In general, if you were born in , you are a Canadian citizen. You are also a Canadian if you were born in another country after February 14, 1977, and one of your parents was a Canadian citizen at the time of your birth.

If you were born in another country after February 14, 1977, to a Canadian parent who was also born in another country to a Canadian parent, you may need to take steps to retain your citizenship before you turn 28 years of age.

What happens if I miss the citizenship test, my interview or the ceremony?

We will mail you notices telling you when and where to go for your citizenship test and for your citizenship ceremony. If you do not appear for the citizenship test, you will be scheduled to appear for an interview with a citizenship judge. If you miss that interview or do not attend the citizenship ceremony, your file will be closed. You will then have to fill out another application form and pay the fee to go through the entire process again.

Can I have dual citizenship?

Since 1977, Canadian citizens have been allowed to hold dual nationality. They will not lose their Canadian citizenship if they become a citizen of another country. Before February 15, 1977, a Canadian citizen who became a citizen of another country ceased to be Canadian, except in rare circumstances.

If you become a Canadian citizen, you could lose your current nationality. You should address any questions to the embassy, high commission or consulate of the country of your current nationality.

Canadian citizens living abroad should stay informed of any changes to Canadian citizenship legislation.

If I was born outside to a Canadian citizen, am I automatically a Canadian citizen?  

• It depends on your situation. Contact the Call Centre or a Canadian embassy to discuss the matter.
• If you were born outside after February 14, 1977, and one of your parents was a Canadian citizen at the time of your birth, you are a Canadian citizen.
• If you were born outside after February 14, 1977, to a Canadian parent who was also born outside to a Canadian parent, you may need to take steps to retain your citizenship before turning 28 years of age. If you think this applies to you and you need more information, contact the Call Centre.
• If you were born outside before February 15, 1977, and one of your parents was a Canadian citizen at the time of your birth, contact the Call Centre or Canadian Embassy for more information.

Do I become a Canadian when I marry a Canadian?

No. Marriage to a Canadian citizen does not give you citizenship. You must first obtain permanent residence, then apply for Canadian citizenship and meet the same requirements as any other person seeking naturalization in .

Will I lose my citizenship if I live outside for an extended period?

No, with one exception. Since 1967, no Canadian loses citizenship because of a long or permanent absence from , except people who were born after February 14, 1977, and who must retain citizenship before turning 28. Canadian citizens should stay informed of any changes to Canadian citizenship legislation.

If I have a child outside , is that child Canadian?

Since February 15, 1977, children born outside to a Canadian parent are automatically considered citizens. Children born outside Canada before February 15, 1977, to a Canadian parent should check the CIC Web site or contact the Call Centre or the nearest Canadian consulate, embassy or high commission for more information. Canadians born outside need a citizenship certificate to prove they are citizens. You can apply for a Canadian citizenship certificate to prove you are a Canadian citizen.

Can I resume my citizenship?

Yes. Former Canadians may resume their citizenship once they have obtained permanent resident status and have lived in for at least one year before their application. An interview with a citizenship judge may be necessary.

You will reacquire Canadian citizenship on the date that you take the oath of citizenship at a citizenship ceremony.

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CANADIAN PARDON & UNITED STATES TRAVEL WAIVER

What is a Canadian Pardon?

A Canadian Pardon is an order by the National Parole Board of Canada that seals your criminal record and removes it from the Canadian Police Information Centre's Computer (CPIC) system. To get a Canadian Pardon you must prove to the National Parole Board that you have maintained a record of good conduct since you were charged with your last offense. Once pardoned criminal record information cannot be obtained without written permission from the Solicitor General of Canada.  

What is a United Stats Waiver?

A U.S. Waiver ( also called Waiver of Ineligibility) is a document that allows persons who have been convicted of a criminal offense to legally enter the U.S. Waivers last for up to 5 years, at which time it must be renewed.

When can I apply for a Canadian Pardon?

According to the Criminal Records Act you are eligible to apply for a Pardon 3 years after completion of a summary offense, and 5 years after completion of an indictable offense.

When can I apply for a Waiver?

You can apply for a waiver at any time. There is no waiting period.

I received a letter from Citizenship and Immigration (CIC) stating that my application for permanent residence status (landed status) is being denied because I have a criminal record. What can I do?

It is best to start the process to have your criminal record removed immediately. You should notify Immigration Canada that you are having it removed and the anticipated date of completion. If you need assistance with providing the required documents and time frames to Immigration Canada, contact Active Professionals.

I have landed status and now I want to become a Canadian citizen. Will my criminal record affect my citizenship application?

Yes. At the very least, having a criminal record will slow down the process. In many cases, Immigration Canada cannot grant you citizenship if you have a record. At the very worst, your criminal record could get you deported, even though you are a permanent resident and may have been landed for many years.

How do I know if I have a criminal record? What if my charges were withdrawn, stayed, dismissed, or I was acquitted?

If you have been charged with a crime, even if you were found not guilty, or were never convicted, you do have a criminal record once you are fingerprinted. A fingerprint number is assigned to your name and date of birth, and will exist until you take steps to have this record cleared.

Also, although you may not have been found guilty or convicted, your will be revealed in criminal record searches. You can usually have your record destroyed if you were not found guilty. However, if you were ever convicted of even one offence then you will require a pardon.

My criminal record is from 15 years ago, and I was told that it automatically disappears. Is that true?

No. Criminal convictions are not automatically destroyed or sealed. The individual must take steps and apply to have their record removed.

What does CPIC mean?

CPIC is the acronym for Canadian Police Information Centre. CPIC is a computer based police information system located in Ottawa . CPIC records can be accessed by the RCMP and most other Canadian police agencies.

What is the difference between a pardon and file destruction?

When a person is found guilty and convicted of an offence they require a pardon. The record, including fingerprints, photographs, and RCMP and court records are then sealed, and never opened unless the individual is subsequently charged with a criminal offence.
File destructions and purges apply to records where an individual was accused, fingerprinted and/or attended criminal court, but not convicted. In the case of file destructions and purges your fingerprints and photographs will be destroyed.

I was told that I must wait 5 years before applying to have my criminal record removed. Is this true?

Waiting periods range from 3 months, for withdrawn, dismissed or acquitted charges, one year for absolute discharges, 3 years for conditional discharges and summary convictions, to 5 years for indictable convictions.
For convictions, waiting periods begin to run once the sentence imposed by the court is satisfied. For discharges, waiting periods begin to run from the court date. However, it is a good idea to start collecting the proper documentation as soon as possible so that you can determine your exact eligibility date and acquire all the necessary documentation.

If I do not think that I am eligible for a pardon yet, are there any advantages to starting the process now?

Yes. Even if the exact date of eligibility is known, it is important to begin collecting the necessary paperwork as soon as possible because it can take several months. Most documents do not expire, so acquiring them in advance is a good idea. Also, if there are any complications with your file, you will be able to spot them and remedy them well in advance of your eligibility date.

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How likely am I to be granted a Pardon and who decides?

The National Parole Board (NPB) has exclusive jurisdiction to grant, refuse to grant or to revoke a pardon. However, they will not arbitrarily refuse to grant a pardon. If you have waited the requisite time period (3 or 5 years) after the sentence imposed was completed, and if you have all the proper supporting documents and if you have been of good conduct, the NPB will grant you a pardon.

If I apply for a Pardon, will the police come to my home or work?

No. Only in the most extreme cases will the police contact you. The police no longer conduct standard interviews.

What happens to my criminal record file after I have been granted a pardon?

A pardon vacates a conviction. The RCMP and all police agencies are notified of the pardon by the NPB. Your criminal record, including RCMP, police and court records, are removed and sealed. These records cannot be disclosed without the permission of the Solicitor General of Canada.

What happens if I have a pardon and I get charged again?

Your pardon can be revoked. If you are convicted of an indictable offence (more serious offence) your pardon ceases and your past convictions will once again be on your criminal record. If you are convicted of a summary offence (less serious), or given a discharge, the NPB may revoke your pardon.

If I have more than one conviction, do I need more than one pardon?

No. If the requisite waiting periods have passed for each of your convictions, and if you have met all of the other requirements, you can apply to have all of your convictions pardoned at the same time.

Does my employer or landlord have access to my criminal record?

It depends. If you signed an apartment rental application or an employment application, the documents may have contained a statement giving your landlord or employer permission to conduct a criminal record search.

Also, many employers have employment agreements which a new employee must sign before starting their job. Often in these agreements, the employee gives the employer the right to conduct a criminal record check. The applications may ask a simple question such as, "Do you have a criminal record for which a pardon has not been granted?". At the bottom of the application it will state that the person signing gives permission to the employer to verify all statements made. This means that the employer can now verify, through a criminal record check, if you have a criminal record.

I was told that I had to undergo a criminal record police clearance before becoming a volunteer. Is this legal?

Yes. Not only is it permitted, it is a legal requirement that volunteers undergo a criminal record check during screening process. If a criminal record exists, the individual may have an opportunity to explain the circumstances surrounding the event, but often will not be accepted as a volunteer.

I was told that I could not legally enter the because I have a criminal record. Is this true?

Yes. Unless you are an American citizen, or you have received advanced permission by the U.S.A. Immigration office, it is illegal for you to enter the with a criminal record.

I was told to apply for a U.S.A. Entry Waiver, even though I haven't been refused entry to the What should I do?

If you must travel to the before your Canadian criminal record is pardoned or destroyed, you will need to apply for a entry waiver to legally enter. Essentially, you will be admitting and giving details about your criminal record to the federal government.

If it is not necessary to travel to the right away, it is best to remove your Canadian criminal record first. If you have never been stopped at the border it means that they probably do not know about your criminal record. After your record is pardoned or destroyed, the American border officials do not have access to it.

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I really need to go to the before my pardon will be granted. What are the possible results of my trying to cross the border?

People often pass through U.S.A. Immigration after answering a few standard questions, such as, "where do you live?", "where are you going?" and so on. However, sometimes they will ask for identification and they will conduct an RCMP computer search, which only takes a moment. When they find a criminal record they will download the information into their files. You will then have an FBI and/or INS record.

The first time you are stopped at the border and your criminal record is discovered, you will most likely be detained a short time and refused entry. If you are rude, or the immigration officer feels that you are potentially dangerous, you may be handcuffed and detained for several hours.

I was stopped and refused admittance to the once because of my criminal record, but I need to try to get in anyway. What could happen?

If you are caught a second time, you will be treated much more harshly. Under the U.S.A. Immigration Act, immigration officers are permitted to take the vehicle you are travelling in, even if you are not the owner or driver.

If you are travelling by bus, you will be removed and sent back to . If you are travelling by airplane, your ticket will be stamped VOID and you will not be able to collect cancellation insurance. It is also common, if stopped a second or third time, to be detained and handcuffed. The experience can be quite devastating.

It is much easier to get caught a second time because the have their own files pertaining to you and your criminal record, which were created the first time you were stopped. Therefore, any search they conduct will reveal this information. If you keep trying to enter the after having been refused entry, you reduce the chances of being granted an entry waiver which would give you permission to legally enter the with your criminal record.

Can you assist out-of-province and out-of-country Pardon and/or Waiver applications?

Yes, Active Professionals can assist to Canadians living anywhere in the world, as long as the area receives courier or mail deliveries.

How long does it take to process a Canadian Pardon application?

At this time, it is taking between 12 to 24 months to obtain a Canadian Pardon, most of which is due to a 10 to 12 month processing time at the National Parole Board for summary offences, and a 18 to 22 month processing time for indictable offenses.

Can you rush my Canadian Pardon application, and if so how much more will I have to pay?

It is our policy to process all applications in the least amount of time and in the best possible manner. Unlike other companies, we do not charge extra to rush applications, nor do we make false claims that there is some sure way to get the National Parole Board or any other police or Government agencies to speed up their standard processing times.  In very rare circumstances applications can be prioritized if extreme hardship can be proven pending a Pardon.

Does a Canadian Pardon allow me to enter the ?

If you have never been denied entry, deported or interviewed by US Customs, and US Customs has never accessed your criminal record via CPIC or APIS prior to you being granted a Pardon, your criminal record will most likely be sealed and they will no longer be able to access it. However, US Customs officials have several ways of finding out if you have ever committed a criminal offense. If you are not properly prepared to answer their wide assortment of questions you could face deportation, property seizures and short-term imprisonment. Our Custom Canadian Pardon removes your criminal record from CPIC and APIS, and includes all the information you need to know to navigate US Customs.

Can a Canadian Pardon or Waiver application be denied?

Yes, if you are found to be not of good conduct. However, you may reapply after 1 year.

Can my employer find out I have received a Pardon?

No, unless you tell them there is no way for anyone to determine that you have received a Pardon. Note: Persons who have been convicted of crimes of a sexual nature are flagged as being a risk when working in the vulnerable sector, such as working with children or disabled adults.

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Does a Canadian Pardon have limitations?

Yes. If you have been pardoned for a sexual offense under the Criminal Records Act your record will be kept closed and separate, but your name will be flagged in the Canada National Repository. This means that if you are going to work around vulnerable people such as children, seniors or disabled individuals, you will be required to disclose this information to the employer before doing so.

The National Parole Board of Canada grants or denies Pardons after reviewing each application and its attached documents. In order to be best considered for a Canada Pardon, our staff will gather all the documents required by the The National Parole Board and attach them to your Pardon application. Such documents include; a certified criminal record from the RCMP in Ottawa, military records, local police records, court records, and any other legal documents that may be required. Furthermore, our staff will track your application throughout the entire process and provide you updates when any information is received.

Does a Waiver have limitations?

Yes. Waivers only allow a person to visit the for a few weeks. If you are planning to stay longer there are additional forms that must be notarized and attached to your application.

If I have been granted a Canadian Pardon do I still need a Waiver?

That depends on whether or not U.S. Customs officials have ever accessed your criminal record using CPIC or APIS, or via an interview. If your record has not been accessed and you have not been interviewed, we can obtain a Canada Pardon for you that will remove the information from CPIC and APIS. If your criminal record has been accessed via CPIC or APIS or via an interview, the information has most likely been transferred into an FBI data base. If so, a Canada Pardon will not be of any help to you, as Standard Canadian Pardons do not remove that information, nor are they recognized by US Customs officials.

What other documents will I need to attached to my Waiver application?

That depends on what you were charged with, how long ago you were charged and why you need to enter the Our staff will carefully review your application and explain to you what documents will be requested by U.S. Customs. Attaching the right documents to your application will greatly increase your odds of getting a Waiver and the length of time it will be valid. Our staff will also assist you in drafting and editing any letters that are required and notarize them at no additional cost.

How long does it take to process a Waiver application?

Due to delays in acquiring RCMP fingerprint records from Ottawa, Waiver applications now take between 2 to 6 months to complete, and another 6 to 15 months to process due to delays in FBI fingerprint processing. Waiting periods can vary based on which U.S. Customs and Border Protection office processes your application.

Do all criminal convictions ban me from entering the ?

No. People who have been charged with Driving Under the Influence (DUI) are allowed to enter the , as long as no other charges appear on their record. However, this could change at any time.

If my charge was withdrawn or suspended, do I still need a Waiver?

No, however you will need to show court documents that verify this. To order court documents please submit an application.

Can you track my applications after submission?

No, once a completed application is submitted to U.S. Customs or Homeland Security office we can only request an update on the file. Due to the volume of requests these offices receive, rarely will they respond to a request until at least 6 months have passed after receiving the application.

How long the permission granted?

First time US Waiver applications that involve multiple offenses committed less than 10 years ago are usually only granted for 1-year. U.S. Customs grants or denies Waivers after reviewing each application and its attached documents; which include a recent and complete RCMP certified criminal record and fingerprints, a complete US Waiver application including accurate biographical information, a certified criminal record from the FBI verified by fingerprint comparison, and any other legal or general documents that may be required. Our staff gathers all the necessary information; criminal record, military records, court records, fingerprints, reference letters, etc., and submits the application along with a personalized cover letter, in order for clients to be best considered for a US Waiver. We endeavor to get the maximum 5-year Waiver for every client, every time. However, we make no guarantees regarding any time periods.

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IMMIGRATION

Who qualifies as a Skilled Worker Immigrating ?  

Skilled workers have education, work experience, knowledge of English and/or French and other abilities that will help them to establish themselves successfully as permanent residents in . These skills must be readily transferable to the Canadian labour market. Active Professionals offer free of charge assessment. Complete the Assessment Form now to see if you qualify.

Does it help to have a relative in ?  

Yes, having a close relative in increases your point score under the selection system. The relative must be a permanent resident or Canadian citizen and he/she must be a "close relative" as defined in the Immigration Act. You must provide documentation as proof of the relationship.

What fees must I pay?

You must pay a processing fee when you submit your application. The processing fee is non-refundable, even if your application is refused. The Right of Landing Fee (ROLF) is required for every adult in your family. Unlike the processing fee, the ROLF is refundable if an immigrant visa is not issued or used, or if you withdraw your application. The ROLF can be paid at any time during the application process, but must be paid before an immigrant visa can be issued. You will also have to pay other fees such as those related to the medical examination and police clearance.

Who is included in my application?

If you are married, either you or your spouse may apply as the principal applicant. Both of you should complete the assessment form so we can determine which of you would receive a higher point score and should therefore apply as the principal applicant. The other spouse will apply as the dependent. You should also include on your application all dependent children whether they are accompanying you to or not. Your dependants must pass a background-check and a medical examination. All family members 18 years of age or older must complete their own individual application form.

I cannot fit all the information on the application form. What should I do?

You should complete the form by printing or typing clearly, and please remember to sign your application form. If you need more space to answer any questions, attach separate pages. When you have signed the form, it becomes a legal document; the information you have provided must be truthful, complete and correct to the best of your knowledge. It is an offense under the Immigration Act to knowingly make a false or misleading statement. If any information changes before you arrive in (even if your visa has already been issued), you must inform the Visa Office which you applied to in writing. If you are not sure, then it is better to ask a professional.

Do I need a passport or travel document?  

You and your defendants must have valid passports or travel documents. If any documents are soon to expire, you should renew them. Diplomatic, official, service or public affairs passports cannot be used to immigrate to . The validity of your visa may be affected by the validity of your passport.

Do I have to attend an interview?  

A visa officer will review your application and decide if an interview is necessary. If so, you will be informed of the time and place. Your spouse and dependent children aged 18 or over will be asked to come with you. The visa officer may ask about your job, work experience, education, reason for immigrating, your plans and preparations. The officer may also ask about your family, spouse and/or dependants, your health, financial situation or past difficulties with the law. There may be questions to determine your ability to settle successfully in . Your answers will help them to assess your personal suitability, occupational expertise and professional qualifications. The purpose of the questions is to evaluate your motivation, initiative, adaptability, resourcefulness and overall ability to settle successfully in.

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Do professionals need registration and licensing to work in ?  

In Canada, approximately 20% of occupations are regulated to protect the health and safety of Canadians (e.g., nurses, engineers, teachers, electricians). People who want to work in regulated occupations need to obtain a license from a provincial regulatory body. Licensing requirements often include education from a recognized school, Canadian work experience and completion of a technical exam. Fees for exams can be costly and are the responsibility of the applicant. Final assessment by the provincial authority can only be done after you are in with permanent resident status.

For how long is my immigrant visa valid?

Normally, immigrant visas are valid for 6 to 11 months from the date of issuance. The validity date is based upon the earlier of your or your dependants' passport validity date(s) or of the medical validity date. Immigrant visas cannot be extended once issued. If the visa expires before applicants have used the visa, they must reapply for immigration.

I intend to live in the Province of Quebec upon my arrival in . Are there any special requirements for immigrating to this province?

Yes, the Province of Quebec selects its own independent immigrants. If you wish to live in Quebec , you are required to obtain a “Certificat de sélection du Québec (CSQ)” and attach it to your application for permanent residence in . We recommend that you immediately contact the Quebec Immigration Office.

I wish to apply for immigration to . How does the point system work? If I score 67 points am I guaranteed?

Canada's current immigration system is based upon a points system. You must score at least 67 points to succeed. Scoring 67 points does not guarantee a successful immigration application; it only leads to a large discretion in your favor. You need to count these points very carefully. It is important that you understand how these immigration points accumulate because if your point total is insufficient, your application will be rejected. If the immigration officer believes that you will not succeed in integrating into the Canadian lifestyle he/she can still reject the application. The present system is aimed at recruiting primarily skilled workers called Independent class and Business class. Family dependents, such as the parents and dependent wife/ husband can immigrate without points because they are going to be supported by sponsors who will qualify under the point system.

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