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Obtaining Permanent Resident Status in Canada

Obtaining Permanent Resident Status
Obtaining Permanent Resident Status

In Canada, a permanent resident is someone who lives in the country long-term but is not a citizen. Permanent residents enjoy many of the same benefits as citizens, including healthcare coverage. A Mississauga immigration lawyer can help foreign nationals gain this permanent resident status.

What Is Permanent Resident Status?

When some foreign nationals move to Canada, they do so on a temporary basis. This includes students and other workers. The permission for these residents to remain in Canada lawfully has an expiration date. However, some such residents may want to continue living in Canada for the foreseeable future, so they become permanent resident in Canada.

Permanent residency status grants rights such as:

  • All social benefits that Canadian citizens receive, including healthcare
  • Legal protections under the Canadian Charter of Rights and Freedoms
  • The right to live, work, study, and travel anywhere within Canada

Permanent residency can also be part of the path to citizenship. A permanent resident retains this status unless law enforcement presents a removal order, the person relinquishes the status, or the person becomes a citizen instead.

Who Can Become a Permanent Resident?

There are many paths to permanent residency status in Canada. However, each path shares one criterion: applicants must have lived in Canada for at least 730 days over the previous five years. These days do not need to be consecutive, and some travel abroad may count.

Once a foreign national has lived in Canada for at least 730 days, they may apply for permanent residency status through one of the following avenues:

  • Provincial Nominee Class – your province nominates you based on your skillset and contribution to the economy
  • Express Entry – based on a points system, and includes the Skilled Worker Program, the Skilled Trades Program, and the Canadian Experience Class
  • Atlantic Immigration Pilot – for graduates or workers in New Brunswick, Prince Edward Island, Nova Scotia, or Newfoundland and Labrador
  • Start-Up Visa – for those who start businesses in Canada
  • Rural and Northern Immigration Pilot – a new program to support immigrants in rural communities
  • Family Sponsorship – for people with close family members in Canada
  • Caregivers – for foreign nationals who care for children, elderly, or other vulnerable people in Canada
  • Agri-Food Immigration Pilot – for foreign nationals who work specific jobs in this industry

With so many paths to permanent residency, it can be difficult to know where to begin. An immigration lawyer can help.

Hire a Top Mississauga Immigration Lawyer

Becoming a permanent resident in Canada is an important decision that can change your life forever. This status can grant you vital rights and open up many opportunities. It is the last stop on the way to citizenship for many, which is why it’s important to apply correctly.

The last thing you want to happen is to fill out these complex forms by yourself, only to have your application denied for some minor and preventable error. When you work with a top Mississauga immigration lawyer, you can rest easy knowing that everything is handled. The professionals at Nanda & Associate Lawyers can help you through every step of the process.

We are ready to serve you and have associates that speak 15 unique languages, including English, French, Italian, Chinese, Hindi, Punjabi, Bangla, Gujarati, Telugu, and Tamil. The processing time for permanent resident applications can take months, so it’s important to get started as soon as possible. Contact us today.

Can You Bring an Immigrant Caregiver to Canada?

Caregiver Program

Canada’s Temporary Foreign Worker Program (TFWP) allows people who live in Canada to hire foreign nationals under caregivers program. However, this program has strict requirements for both the caregiver and the family who wishes to employ the caregiver. A Mississauga immigration lawyer can help to ensure that you meet these qualifications and are able to bring in the caregiver you need.
Requirements for Caregivers

When you search for a caregiver, considering foreign nationals is a great option. However, it’s important to be sure that such candidates meet the basic requirements for immigrating to Canada as a caregiver. In general, caregivers should:

  • Be able to qualify for a positive Labour Market Impact Assessment and work permit
  • Speak, read, and understand English and/or French
  • Sign a written contract with you

Once in Canada, these caregivers must provide care for at least 30 hours per week. Furthermore, they must be able to work without supervision. It’s important to note that some applicants may not qualify for entrance into Canada based on criminal history. Be sure to conduct background checks on any caregiver applicants.

Requirements for Employers

With new changes in Canadian law, people in Canada are now allowed to hire immigrant caregivers whether or not the caregiver lives in the home where they provide services. There are several programs through which you can sponsor such an employee, including new pilot programs. In general, all programs share a few requirements:

  • You must have a contract between you and the caregiver, which outlines things like pay, insurance coverage, and work hours
  • You must submit a Labour Market Impact Assessment application and pay the processing fee
  • Additional steps that the employer must complete to help the caregiver get a work permit

The requirements for hiring a foreign national as a caregiver have changed recently, and some programs have caps on the number of applicants per year. Because so many details are involved and are subject to change, filling out the correct paperwork can be time-consuming. Furthermore, one small mistake can invalidate the whole application. It’s important for employers to work with top immigration lawyers to ensure everything goes smoothly.

Hire a Mississauga Immigration Lawyer

When it comes to hiring a caregiver for your family, it’s important to find exactly the right person. If that person is a foreign national, you can hire them under Canadian law. You probably know that the immigration system is difficult to navigate even in the best of circumstances, but this shouldn’t stop you from hiring the caregiver you need.

A top Mississauga immigration lawyer at Nanda & Associate Lawyers can help. Our experienced professionals are ready to help and speak a total of 15 different languages, including English, French, Chinese, Italian, Tamil, Hindi, Telugu, Bangla, Punjabi, and Gujarati. It can take months for the government to process these applications, so it’s important to start the process as soon as possible. Contact us today to start the journey of hiring a caregiver who is a foreign national.

Can You Be Deported for a DUI in Canada?

DUI Inadmissible Canada
DUI Inadmissible Canada

In late 2018, new laws took effect in Canada to increase the punishments for people who drive under the influence of drugs or alcohol. These new punishments make Canada’s DUI laws some of the strictest in the world. Foreign nationals living in Canada are particularly impacted by this new law and may face deportation with these charges. A Mississauga immigration lawyer can help.

What Stricter Laws Mean for Both Citizens and Foreign Nationals

There are changes to Canada’s new impaired driving laws that affect all drivers, citizens or not. For example, police officers can now demand alcohol screenings for any driver, even without reasonable suspicion. Drivers must submit to the test or face criminal charges for refusing it.

The new laws have also significantly increased the penalties for impaired driving charges. On the first offence, drivers face the following fines:

  • A mandatory minimum fine of $1,000 with blood alcohol content of 80-119 mg
  • A mandatory minimum fine of $1,500 with blood alcohol content of 120-159 mg
  • A mandatory minimum fine of $2,500 with blood alcohol content of 160 mg or more
  • A mandatory minimum fine of $2,000 if they refuse testing

Drivers also face imprisonment for impaired driving. The amount of time a person may be sentenced to depends on whether or not someone was hurt due to the impaired driving, and the type of conviction the defendant receives:

  • No bodily harm and summary conviction – up to two years, minus one day
  • No bodily harm and indictment – up to ten years
  • Bodily harm and summary conviction – up to two years, minus one day
  • Bodily harm and indictment – up to 14 years
  • Impaired driving causing death – up to life imprisonment

Serious Criminality and Foreign Nationals

In Canada, foreign nationals can face deportation if they demonstrate a legal standard known as “serious criminality,” as defined by the Immigration and Refugee Protection Act (IRPA) 36 (1). Under this law, any offence that carries a maximum sentence of up to 10 years constitutes serious criminality. If a temporary or permanent resident is charged with any crime that fits this definition, he or she may become inadmissible know as Criminal Inadmissibility. This means that they may face deportation, or may not be allowed to return to Canada if they have already left.

Before these new laws, a first-time impaired driving offence with no bodily harm did not rise to the legal definition of serious criminality, meaning the maximum sentence was five years. However, now first-time offenders who cause no bodily harm face up to 10 years in prison for impaired driving charges. The charge now has the definition of serious criminality, and foreign nationals may face immigration issues in addition to these strict punishments.

Hire a Mississauga Immigration Lawyer

If you’re facing deportation or other issues with your immigration status for any reason, you do not have to face this system alone. With high-quality legal representation, you can ensure that your rights are protected. At Nanda & Associate Lawyers, we are prepared to help people in 15 different languages, including French, English, Bangla, Gujarati, Chinese, Hindi, Italian, Tamil, and Telugu. Contact us today to start working with a top Mississauga immigration lawyer.

How Do You Transfer Land?

How Do You Transfer Land
Title Transfer Nanda Law

As circumstances in your life change, you may need to transfer the title to land or other real estate properties to someone else. For example, families may want to pass land down to a new generation or add a new spouse to a title. People also need to transfer land in cases involving divorce, or if someone passes away. A trusted Mississauga real estate lawyer can help you through the required steps for successfully completing a land transfer.

Steps for Everyone Involved

Each land transfer is unique and may have its own complications. That being said, the steps generally are as follows:

  • Hire a Real Estate Lawyer that you can trust to do your property title transfer correctly.
  • Explain every detail of the transfer and what you hope to accomplish to your Mississauga real estate lawyer.
  • The Real Estate Lawyer will draw up all the documents your transfer will need.
  • All involved parties will review the documents to ensure accuracy.
  • The involved parties will sign the appropriate documents.
  • The lawyer will register the title change documents.
  • The involved parties must inform the appropriate authorities of the title change, including the property tax department.

These steps may change due to differences in your case.

Steps for the Person Receiving the Title

The person who is receiving the title must be sure that doing so will not hurt their financial security. As such, these individuals should perform a title search to check for claims or liens against the property. Furthermore, most title receivers should purchase title insurance. You should get a consent from existing mortgagee before you transfer title otherwise the mortgagee can consider the title transfer as a default under the mortgage.

When a title is transferred, there are other parties who will need to be notified of the transaction. The person who is newly on the title should inform the following organizations:

  • Utility companies that service the property
  • The mortgage lender
  • The insurance company that provides home and fire insurance

Perhaps the most important step that someone should take in this situation is to hire a dedicated Mississauga real estate lawyer to ensure that all of the correct steps are taken.

Do Not Forget About the Land Transfer Tax

In Ontario, most real estate transfers are subject to a land transfer tax, but there are some exceptions. For example, you do not need to pay this tax in order to receive property from your spouse. However, children who receive property from their parents must pay this tax at the time of closing if any consideration is exchanged. If the property is gifted, then the land transfer is to be paid on any encumbrance. Mortgage registered on property. Be sure to consult a real estate lawyer about your tax responsibility before you transfer a title. The transfer will be land transfer exempt if it is free and clear.

Hire a Top Mississauga Real Estate Lawyer

As you can see, even the most basic land transfer transactions can be complicated. If your case has extenuating circumstances, it can make the transaction much more difficult. It is essential to have on your side a reputable lawyer who knows the local laws.

The professionals at Nanda & Associate Lawyers are trusted throughout the community. We are ready to serve, and speak 15 different languages, including English, French, Chinese, Tamil, Punjabi, Gujarati, Bangla, Italian, Telugu, and Hindi. If you’re ready to hire a Mississauga real estate lawyer, Contact Us today.

What to Do After a Hit and Run in Brampton

Car Accident Injury Lawyer

Canadian law requires drivers to stop at the scene of an accident and not doing so can carry serious consequences. Unfortunately, this does not deter some drivers from fleeing after they have an accident involving pedestrians, other vehicles, or property. If you are the victim of a hit and run driver, be sure to have a personal injury lawyer on your side.

Get Medical Attention and Inform the Authorities

The most important thing to consider in the aftermath of an accident is the health and safety of yourself and everyone else involved.

It’s important that you or someone else near the scene of the accident contact the authorities. Emergency medical personnel can ensure that everyone gets the care they need, and law enforcement officers can gather the information needed to find the hit and run perpetrator. For example, police officers may be able to talk to witnesses who saw the hit and run driver, or saw the licence plate.

Contacting the authorities right away also starts a paper trail that can help you in the long run. By fully documenting the extent of your injuries and the severity of the accident at the scene of the crime, you lay a solid foundation for any civil claim you may make later.

Contact Your Insurance Company

If you were in a vehicle at the time of an accident, be sure to inform the insurance company that holds the policy on the vehicle about the accident. Even if you do not have any information about the other driver, the policy may help you cover some of your expenses.

If a hit and run driver damaged your home or commercial property, you may also contact the relevant insurance company to report the damage. Even in the best of circumstances, it can be difficult to get insurance companies of any kind to pay you what you need. With hit and run cases, it can be even more of a struggle. That’s why it’s important to have excellent legal advice and representation, even before you get to the point of filing a lawsuit.

Document Everything You Remember

From the moment of the accident to the final settlement, it’s important to be diligent about documentation. For example, you should write down everything you remember about the accident as soon as you can. You should also keep documentation regarding any injuries you sustained in the accident, the length of time you have to take off from work in order to recover, and anything relating to property damage from the hit and run.

Hire a Mississauga Personal Injury Lawyer

When someone commits a hit and run, they not only face criminal charges, but can be held liable in civil court as well. If someone harms you in a hit and run accident, be sure you get the compensation you need and justice you deserve. At Nanda & Associate Lawyers, we can help people who speak any of 15 different languages, including French, English, Hindi, Tamil, Bangla, Telugu, Italian, Gujarati, and Chinese. Contact us today to hire a Mississauga personal injury lawyer who will fight for a favourable outcome for you.