Whether your immigration case is simple or complex, count on Scarfone Law firm to provide you with the professional legal assistance you need. We offer a range of services under immigration law, including Canadian immigration visas, from our Windsor law office. See us for permanent residency applications for skilled workers, family sponsorship and more, in addition to temporary residency applications. We also handle cases for Canadian citizenship. If you are unsure whether you should apply as a permanent or temporary resident, we invite you to review our helpful checklists on this page.
Marriage/Common Law/Conjugal Applications
If you would like to apply for an American Marriage and Fiancé Visa, please click here.
Permanent residence through marriage is available for married persons both heterosexual and homosexual; or persons living together in a common law relationship for more than one year and persons in a conjugal relationship where they have been together for more than one year but the foreign applicant is living outside of Canada and cannot enter due to an immigration impediment. Dependent children can be included in these applications. The process usually takes 10 months to one year from the time of filing your application but each case has its own fact situations which may cause the application to take longer to conclude. These categories have many requirements which must be met failing which your application will be denied. In some situations the applicant may be able to visit Canada during the application process or already be living in Canada with their spouse. If applying from within Canada, some applicants can apply for work permits to be able to work prior to obtaining permanent residence.
NAFTA Work Authorizations
Canada, the U.S.A. and Mexico have entered into a trilateral agreement allowing professionals to enter each other’s country to work. Set out under the NAFTA, professionals such as accountants, engineers, medical and health workers, scientists and teachers, to name a few, are eligible. In most cases a bachelor's degree and/or professional licence is required.
Examples where no degree is required include scientific technicians or technologists and in some cases, management consultants.
Intra Company Transfers
International companies with offices in Canada, or are opening an office in Canada, may transfer key personnel to Canada for a period of time. This includes managers & executives and specialized knowledge personnel. The purpose is to enhance the Canadian operations in terms of competitiveness, increasing trade and improving management in general. Persons qualified in this category bypass the need to obtain a time consuming labour market impact assessment. Generally, the worker must be employed full time by the out of country parent, branch, subsidiary or affiliate for a period of at least 1 year in the previous 3 years in the same or similar position they are being transferred under. (Manager, executive or specialized knowledge). Further requirements apply.
Persons who have had criminal convictions anywhere in the world, including driving with alcohol related offences, are generally not allowed to enter Canada until they receive Ministerial approval of criminal rehabilitation. This means that a certain period of time has elapsed since the conclusion of your sentence(s), generally 5 years, and you can demonstrate that you have changed your lifestyle, are a person of good character and are unlikely to reoffend if allowed back into Canada. Depending upon the type of offence and the number of convictions, some people may be allowed to enter Canada again if 10 years have passed since the conclusion of their sentence including probation, payment of fines and anything else required such as counselling.
For persons who require entry to Canada prior to being eligible to apply, they may seek a temporary resident permit (TRP) allowing them entry provided they can demonstrate to a reviewing officer that they are unlikely to reoffend and have an important reason to enter such as job related duties requiring entry to Canada.
visitor visas and letters of invitation
People from many countries require a visa to enter Canada. Applicants must demonstrate, among other things, that they will leave Canada at the conclusion of their trip and prior to the expiry of their visa. The sponsoring person in Canada must provide a Letter of Invitation to the person seeking the visa so they can include it with their visa application. The sponsoring person must state in this letter that they are willing to care for them while visiting Canada. They must themselves demonstrate that they have the ability to care for the visitor during their stay.
Parents and Grandparents
Each year a limited number of visas are made available to bring parents and grandparents to Canada permanently. Once per year, in January, a designated number of persons will be selected to seek permanent residence. If chosen from a draw, those persons will be invited to make application for permanent residence. The sponsors must meet certain income requirements based upon the number of people living in their home. For example, if the sponsor has her spouse living in the household and she wishes to sponsor both of her parents, in 2018 the income level required for the previous three years was 2017: $39,813; 2016: $39,371 and 2015: $38,618. These levels must be met for the three previous years. Please contact us in the fall to discuss the details and the process it involves.
In the alternative, the Super Visa for parents and grandparents is available allowing them to visit for long periods of time provided they can demonstrate that they have medical insurance while in Canada plus other requirements.