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Obtaining Permanent Resident Status in Canada

in Blog, Immigration

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.

29 May

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Can You Bring an Immigrant Caregiver to Canada?

in Blog, Immigration

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.

25 May

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Can You Be Deported for a DUI in Canada?

in Blog, Immigration, Legal Advice

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.

19 May

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How Do You Transfer Land?

in Blog, Real Estate 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.

15 May

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What to Do After a Hit and Run in Brampton

in Blog, Personal Injury Lawyers

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.

11 May

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Obtaining an Open Work Permit in Ontario

in Blog, Immigration

Canada offers many different ways in which foreign nationals can live and work in the country legally. For some people, the best route for immigrating to Canada is by obtaining an open work permit. A Mississauga immigration lawyer can help you achieve this goal in Ontario.

What Is an Open Work Permit?

An open work permit is a document that allows people who are not Canadian citizens to work in the country. Unlike some work permits, an open work permit is not specific to or contingent upon any specific job. If a foreign national is offered a specific job in Canada, he or she will go through a different process.

Who Qualifies for an Open Work Permit

In order to qualify for an open work permit in Ontario, an applicant must be one of the following:

A recent graduate from a designated learning institution who qualifies for the Post-Graduation Work Permit Program
A young worker who signs up for certain specialized work programs
A student who needs to work in order to make ends meet
A temporary resident permit holder
A current worker under a job-specific permit who is being abused or at risk of abuse in the current role
A foreign national with an unenforceable removal order
An applicant for permanent resident status
A refugee, refugee claimant, or similarly protected person or loved one
A family member of a permanent residency applicant
The spouse or common-law partner of any of the following types of people:
applicant for the Atlantic Immigration Pilot Program
- International student
- Skilled worker

If you meet one of these descriptions, there may be certain other criteria you need to meet as well. A Mississauga immigration lawyer can help you determine your eligibility.

Restrictions on Open Work Permits

Open work permits come in two forms: unrestricted and restricted. Unrestricted open work permits allow foreign nationals to work in any qualifying occupation anywhere in Canada. On the other hand, restricted permits can limit the scope of the permit to certain occupations or locations.

All foreign nationals who obtain open work permits are restricted from working for certain types of employers. These include organizations that regularly provide erotic services. The Canadian government regularly updates a list of banned employers for foreign nationals.

How to File for an Open Work Permit

Open work permit applicants must use the IMM 5710 form. However, the way in which an applicant answers the questions on that form depends on where they live, if they are applying as a spouse, as well as many other factors. That’s why it’s important to have expert advisors on your side. The amount of time that the government takes to process these applications varies, so it’s important to start the process as soon as possible.

Hire a Mississauga Immigration Lawyer

Navigating Canada’s immigration laws can be difficult, even in the most straightforward cases. The professionals at Nanda & Associate Lawyers have the skills and expertise to help. We can communicate in 15 different languages, including English, French, Tamil, Hindi, Punjabi, Telugu, Gujarati, Italian, Chinese, and Bangla. If you need an experienced Mississauga immigration lawyer, contact us today.

21 April

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Are Alimony and Spousal Support the Same Thing?

in Blog, Family Law, Legal Advice

Alimony and Spousal Support
Divorce is an extremely complicated legal process, even when it’s relatively simple. The entire process of ending your marriage can be confusing, full of terms you have never heard and may not understand.

While doing your initial research about whether you will have to pay or be able to receive financial support from your soon-to-be ex, you may have come across terms like spousal support, alimony, or maintenance. The fact that all these terms get thrown around in this context can be confusing, but we have some good news: they all refer to payments made by one ex-spouse to the other for the purposes of financial support.

How is Spousal Support Determined in Ontario?

In Ontario, the term used by courts is typically “spousal support,” but you may hear it referred to as alimony or maintenance by judges and lawyers. Ontario law views a marriage as an economic partnership and, in some cases, a court will order the higher-earning spouse to make payments to the other spouse for a period of time while he or she is able to achieve self-sufficiency.

The government provides judges with spousal support guidelines in order to ensure some level of predictability and consistency in spousal support determinations. That said, the guidelines are not legally binding, and judges have the ability to deviate from them if they feel it is justified. There are a number of factors that can play a role in how much support a judge will order, including:

The difference in income between the spouse
The length of the marriage
The age of the parties
The roles each party had during the marriage
Whether the couple has children

Who is Entitled to Spousal Support?

It’s important to first note that spousal support is not awarded in every divorce, and the party seeking support must prove to the court that he or she is entitled to it. Whether spousal support will be awarded in a particular case depends on a number of factors, including:

The age of the parties at the time of the divorce
The length of the relationship
Whether one spouse is able to support the other
Whether the spouse seeking support can become self-sufficient

Do you Need a Lawyer to Obtain or Fight Spousal Support?

Many people who are involved in a support dispute wonder whether they need a lawyer to protect their rights, especially in light of the fact that courts often defer to the support guidelines when making determinations. The fact is that judges have significant discretion regarding spousal support awards, and whether you are seeking support or trying to minimize it, it’s in your best interest to retain a lawyer familiar with practicing divorce law in Ontario courts.

Call Us Today to Speak with a Mississauga Divorce Lawyer

If you are getting divorced and have questions or concerns about spousal support, you should call Nanda & Associate Lawyers today. Our experienced family law and divorce lawyers are here to help you protect your rights. We speak 15 different languages: English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil. To schedule an appointment with one of our experienced family lawyers, including Jagmohan Singh Nanda, Glen Cook, Linda Starova, or Amal Nayyar, call our office or contact us online.

11 March

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Court of Appeal Rules on Tarion Warranty Corporation’s Purchase Rider

in Blog, Real Estate Law

According to a story in the Toronto Star, Ontario’s highest court has ruled against Tarion Warranty Corporation regarding its compulsory addendum form. According to the Court of Appeals, the addendum that is attached to each builder agreement is complex, particularly confusing, and lacks consumer protection.

In 2016, Anthony Ingarra signed an agreement to purchase a house from Previn Homes. This agreement had the mandatory Tarion addendum and a firm closing date of January 11, 2018. However, on that date, the builder could not close because it did not have the municipal occupancy permit. Instead, the permit was issued the following day.

Tarion Warranty Corporation

Unfortunately, Ingarra was not ready to close on this date either as he was not in funds. His lender requested five more days to approve the loan, but the home was incomplete when the appraiser inspected it prior to closing.

According to the Tarion addendum, a compulsory framework must be followed when closings are extended. If the builder is not able to close by the agreed-upon closing date and does not provide notice of the delay, the addendum mandates that the new delayed closing date be 90 days later, unless both parties come to a different agreement.

Legal counsel for both the builder and the buyer paid no regard to the addendum and agreed that the new closing date would be January 15^th, which was then moved to January 17^th. On January 17^th, Ingarra asked for an extension of one more day to close. The builder’s lawyers declined the request, terminated the transaction, and kept Ingarra’s deposit.

Unwilling to give up that easily, Ingarra applied to the Superior Court, asking them to force the builder to close. In May 2019, the judge ruled that Previn Homes breached their contract and ordered that the sale be completed. The builder then appealed to the Court of Appeal.

Justice Peter Lauwers, on behalf of the three-judge panel, ruled that Previn Homes’ termination of the contract was valid. If Ingarra had invoked the automatic 90-day extension provided in the addendum, he could have agreed to close sooner. Since he did not, he no longer had certain rights.

Justice Lauwers commented that reaching this decision gave him no satisfaction. He went on to point out that the Tarion Addendum does not even begin to protect consumers. It’s small-font, single-spaced convoluted, long, and obscured document is a dangerous trap for trusting laypeople.

Do You Need a Skilled Mississauga Lawyer?

Are you having difficulty with a contract, a builder, or a home purchase? No matter your conundrum, we can help. Our lawyers have experience assisting clients with all types of legal challenges. We work tirelessly to get the justice you deserve.
Connect with Nanda & Associate Lawyers by calling (905)-405-0199 or use our online contact form. Our experienced Mississauga lawyers assist clients of all nationalities and backgrounds and offer services in 17 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil. The sooner you call, the sooner we can help.

12 February

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When Death Preempts a Settlement Disbursement