Immigration law
Leaving a country for another one needs to be well thought, and certain situations force us to act quickly, such as claiming asylum for people that are in immediate danger.
There are several immigration circumstances that involve different challenges such as learning the language, or showing proof of education in officially translated documents, as it is requested to apply for permanent residence as a selected skilled worker for example. Opportunities also exist for investors or students. Canada offers a bright future to everyone.
We offer the following services:
Restricted work permits
An employer-specific work permit allows you to work anywhere
in Canada according to the conditions on your work permit: a designated employer & a limited period of time. Most likely, the employer will need a Labour Market Impact Assessment (LMIA) to
hire a temporary foreign worker.
Open work permits
An open work permit allows you to work for any employer in Canada,
with some exceptions. It is possible to be eligible for an open work permit only if in specific situations, such as being a refugee, an international student, being sponsored or the spouse or
common-law partner of a skilled worker or international student.
International Mobility Program
This program lets the employer hire a temporary worker
without a Labour Market Impact Assessment (LMIA). Certain conditions and responsibilities need to be met, in order to not be issued a penalty.
International Experience Canada (IEC)
If you’re a citizen of a partner country, this
program gives youth the opportunity to travel and work in Canada for up to 2 years. There are three (3) different kinds of work and travel experiences available: working holiday, young
professionals, international co-op (internship). If you aren’t a citizen of a partner country, you may still be able to apply to IEC through a recognized organization. Several conditions apply.
Quebec Experience Program – PEQ
The Quebec Government encourages
foreign workers working in Quebec and international students completing a program of post-secondary studies in Quebec, to permanently remain in the province. It is a simplified fast-track process
leading to permanent residence for the two categories of applicants.
Permanent Residence under the Quebec Skilled Worker Class
Under an agreement with the
federal government, the province of Quebec selects its own candidates who they consider most likely to settle successfully in the province. Education, professional experience, knowledge of French
and/or English, and other factors are taken into consideration in this process.
Claim refugee status from inside Canada
Canada offers refugee protection to some
people in Canada who fear persecution or who would be in danger if they had to leave. If you feel you could face one of these risks if you go back to your home country or the country where you
normally live, you may be able to seek protection in Canada as a refugee.
Hearing Refugee Protection Division (RPD)
Representation before the Immigration and
Refugee Board of Canada (IRB) for the first instance hearing.
Representation before the Refugee Appeal Division (RAD)
If you disagree with a
negative refugee decision and want to appeal, you can do so in filing for an appeal before the RAD, under specific conditions.
Immigration Judicial Review before the Federal Court of Canada
If the Immigration and
Refugee Board (IRB) rejects your claim for refugee protection, or the appeal application for leave was not accepted, under Canada’s immigration law, you can ask the Federal Court to review
immigration decisions in showing that the decision was not fair or reasonable, or that there was an error. If the Federal Court gives leave, it means it agrees to examine the decision in depth.
Sponsorship
As a Canadian citizen or permanent resident, you can sponsor your spouse,
partner or dependent child(ren) to become permanent residents of Canada. You then undertake with the government of Quebec and Canada to provide for the essential needs of the sponsored person.
Apply for Humanitarian and Compassionate Considerations
The humanitarian and
compassionate (H&C) decision-making process is a highly discretionary one allowing flexibility to approve deserving cases not covered by the legislation. A humanitarian and compassionate
assessment considers circumstances and factors that may be sufficiently compelling to allow for the requested exemption.
Citizenship
To meet the citizenship criteria, the applicant must, amongst other
things, have lived in Canada as a permanent resident for at least 3 years in the last 5 years
Visitor visa
All international travellers/tourists must carry a valid visa, if
necessary, when entering Canada. The application is done online.
AVE/ETA
An Electronic Travel Authorization (eTA) is an entry requirement for
visa-exempt foreign nationals travelling to Canada by air. An eTA is electronically linked to a traveller’s passport, if you get a new passport, you need to get a new eTA.
Parent and grandparent super visa
The Super Visa is a multi-entry visa that provides
multiple entries for a period up to 10 years. The key difference is that the Super Visa allows an individual to stay for up to two years at a time in Canada, while a 10-year multiple entry visa
would only have a status period for each entry of six months only. There are specific requirements that must be met to be able to get a super visa.
Authorization to return to Canada (ARC)
If you have been the subject of a removal
order from Canada you will probably need an Authorization to Return to Canada (ARC) if you want to return. Whether you need one depends on the type of removal order that was issued.
Study permit
Foreign nationals are required to obtain a study permit for engaging in
academic, professional, vocational or other education or training that is more than 6 months in duration at a designated learning institution (DLI) in Canada.
Extend your stay as a temporary resident
It is possible to extend your stay as a
visitor or change your status (from international student or worker to visitor for example), you should apply at least 30 days before your current status expires. While processing your request,
your temporary status will be maintained as long as the requirements are met during the entire processing period.
Overcoming immigration obstacles can be overwhelming, but Henriquez Avocats is here to support you.
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Henriquez Avocats
338, rue Saint-Antoine Est,
bureau 401, Montréal, QC, H2Y 1A3
☏ 514 903-9004
WhatsApp: +1 438 409-9047
📠 514 303-9004
