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Obtaining a Temporary Resident Permit in Canada

in Blog, Immigration, Legal Advice

Obtaining a Temporary Resident Permit in Canada

Suppose you cannot be admitted into Canada because of criminal, security or medical reasons but need to travel to Canada for a valid reason. In that case, you might be eligible to apply for a Temporary Resident Permit (TRP) in order to gain admission. Because obtaining a TRP can be complicated, it is best to seek assistance of an Immigration lawyer.

Are You Eligible for a TRP?

In order to be eligible for a TRP, the benefits of your coming and staying in Canada must outweigh the potential safety and health risks to Canadian society posed by your entry. Reasons that might provide a higher chance of success of being granted a TRP include:

Business conferences
Networking events
Meeting with Canadian clients or companies to initiate or maintain economic relationships
Important family events such as a funeral or a wedding

When is a TRP Appropriate?

Generally, people who do not meet the requirements of the Immigration and Refugee Protection Act (IRPA) are deemed inadmissible and can be:

Denied a permanent resident visa (PRV) or temporary resident visa (TRV) abroad
Denied an electronic travel authorization (eTA)
Reported inadmissible under section A44(1)
Permitted to withdraw their application to enter Canada at a port of entry (POE)
Denied processing within Canada

Although, under some circumstances, an immigration office can issue a TRP that will allow the individual who is not admissible to become a temporary resident. If their circumstances justify their entry, they will be allowed to remain in the country temporarily. TRPs give officers the freedom to balance the objectives of the IRPA to meet Canada’s social, economic, and humanitarian commitments, while still maintaining the health and security of Canadians.

When considering whether to issue a TRP or not, officers must assess several factors. These factors can include:

History – Such as pattern of non-compliance [A41] with the IRPA or IRPR, or a violation due to careless or flagrant disregard for the law
Credibility – Credibility may be assessed during the interview and is at the officer’s discretion
Previous removal – Has the application overcome the original grounds for removal? Do other statutory bars exist?
Controversy – Are elements in the applicant’s case that require a referral or consultation with the CMB?
Social assistance – If the foreign national decides to apply for permanent residency, is there a risk that they would need social assistance?

How Much is a TRP?

A processing and collection fee of $200 per individual will be assessed. Officers should check to make sure that they have established inadmissibility issues before collecting this fee. In fact, an office can wait until a permit is recommended to collect the fee. Keep in mind that the fee is non-refundable. There are fee exemptions for foreign nationals who are inadmissible based on prior criminality.

Do You Need Help with a TRP or Other Immigration Issues? Call Nanda & Associate Lawyers Today

Immigration issues and your legal status in Canada can cause much stress. You may be worried about your job, your finances, your clients, and even your family. We are here to help. Contact a Mississauga immigration lawyer at Nanda & Associate Lawyers today by calling (647)-951-6200 or use our online contact form. We help clients just like you of all nationalities and backgrounds and offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

28 July

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Canadian Start-Up & Self-Employment Visa FAQ

in Blog, Immigration

Canadian Start-Up & Self-Employment Visa FAQ

While business immigration in Canada holds many promising opportunities, it can also bring some confusion. Getting answers to your questions and hiring a Mississauga based Immigration lawyer to ensure you understand and comply with the requirements is in your best interest. Here are some frequently asked questions about this topic.

What are the Eligibility Requirements for the Start-Up Visa Program?

To be eligible for the start-up visa program, you must:

Have a qualifying business
Receive a letter of support from a designated organization
Meet the language requirements
Be financially stable enough to settle and live in Canada before making money from your business

How Much Money is Required to Cover Living Expenses?

This amount varies depending on how many family members will be accompanying you. Sometimes, the designated organization will provide extra financial support to cover living expenses. Keep in mind that you are not allowed to use the investment money for your start-up business to pay for living expenses.

Who Reviews Applications for the Start-Up Visa Program?

The first step in the application review process is for your designated supporting organization(s) to review the viability of your business proposal. If they support your proposal, it will then be reviewed by the Immigration, Refugees, and Citizenship Canada. If you already have the necessary support to apply and you are eligible to become a permanent resident, it will be approved. From there, it may be put through an independent peer-review process to protect against fraud and ensure your business is in line with industry standards.

What if I Immigrate Via the Start-Up Visa Program and my Business Fails?

The Canadian government recognizes that not every business will find success. This program was crafted to divide the risk between the public and private sectors. If your business is not successful here, it will not impact your permanent resident status.

What is the Minimum Investment Needed for a Startup Visa?

To immigrate to Canada on a start-up visa, you must have a minimum investment from an approved organization of $200,000 or $75,000 from a designated angel investor. However, businesses that are accepted into a business incubator program are not required to secure any investment.

Are Self-Employment Visas Available?

It is quite common for self-employed immigrants to come to Canada. In order to do so, you need a minimum of two years of applicable experience as a farmer, professional athlete, or artisan. If you meet these requirements, you could be granted a self-employment visa.

Work with an Experienced Immigration Lawyer in Mississauga

If you are considering obtaining a visa as an entrepreneur or self-employed individual to enter Canada, you should speak to an experienced lawyer as soon as you can. Schedule a consultation with Nanda & Associate Lawyers by calling (905)-405-0199 or use our online contact form. We assist clients of all nationalities and backgrounds and offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

14 July

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Brain Injury Lawyer FAQ

in Blog, Personal Injury Lawyers

Brain injuries, often referred to as traumatic brain injuries or TBIs, are among the most serious injuries a person can sustain. Brain injuries are a common driving force in many personal injury claims, and rightfully so. Depending on the severity of a brain injury, a victim might not be able to care for themselves or their family in the way they once did, might lose their career, and may even experience personality changes. Not surprisingly, brain injuries can also come with a hefty price tag. If you or a loved one sustained a TBI in a car accident, a slip and fall, or another type of preventable accident, it’s likely that you likely have many pressing questions. You also need the assistance of an experienced Mississauga brain injury lawyer.

What Types of Accident Most Commonly Cause Brain Injuries?

A traumatic brain injury is a type of acquired brain injury (ABI), or one that is not hereditary or happens at birth. A TBI occurs when fragile neuronal brain tissue is damaged by impact or force, such as the force created by a car stopping suddenly. A TBI is one injury that can occur in many different types of situations, including:

Falls
Motor vehicle accidents
Bicycle accidents
Motorcycle accidents
Sporting accidents

Why do Brain Injuries Cause Changes in the Victim’s Emotions or Personality?

Even minor brain injuries can lead to problems with your emotional, physical, and mental well-being. Sometimes these changes are only temporary, but for other victims, they become permanent. Individuals who experience a TBI might find that they are irritable, fatigued, depressed, or moody as a result of their accident. TBIs can cause poor impulse control and behavior management. Because of these changes, their spousal and family relationships can be impacted. A brain injury lawyer can ensure that these types of hardships are accounted for when seeking compensation for TBI injuries.

How Much is Your TBI Case Worth?

Keep in mind that every brain injury is different, and no two personal injury cases are identical. Some of the factors that can determine how much compensation you will receive include:

The circumstances surrounding that accident
The sum of your medical expenses
If there will be ongoing medical expenses
If you can return to work
If you have behavior or personality problems

Hire a Skilled Brain Injury Lawyer in Mississauga Today

As your legal advocates, our goal is to provide you with the information, guidance, and representation you need for your traumatic brain injury case. We understand the challenges facing those who suffer from a minor or severe brain injury. We also know the burden that a TBI can place on their concerned family members.

Get in touch with Nanda & Associate Lawyers by calling (905)-405-0199 or use our online contact form to schedule your brain injury consultation today. We assist clients of all nationalities and backgrounds and offer legal services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

16 June

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Canada’s Temporary Foreign Worker Program Adjusts its Median Wage Requirements and Addresses the Impacts of COVID-19

in Blog, Immigration

Temporary Foreign Worker Program COVID-19

Recent analyses reveal that employees in Canadian provinces and territories have received increases in their hourly wages. In order to identify and meet the requirements of the Temporary Foreign Worker Program (TFWP), Canadian employers who employ foreign employees go by the provincial and territorial median hourly wage.

Whether employers should apply for the Labour Market Impact Assessment (LMIA) under the stream for high-wage or low-wage positions will be based on how much they pay and where the position is located. On May 11, 2020, the new median wage requirements became effective. For example, Alberta’s median hourly wage went from $26.67 to $27.28, British Columbia’s grew to $25 from $23.98, and Quebec’s increased from $22 to 23.08.

The COVID-19 Pandemic’s Impact on Canadian Employers and Foreign Workers

The COVID-19 pandemic presents many challenges for employers, one of them being able to hire foreign workers. However, Canada’s government is stepping up to assist employers as they attempt to work around the restrictions and challenges.

Employment Social Development Canada (ESDC) is applying several actions to all new and current LMIA applications to help both employers and foreign employees. These measures include:

Employers are only obligated to make minor administrative changes to the LMIA if they would change their terms and conditions
The recruitment requirements for LMIAs in agriculture and agri-food divisions are waived through October 2020
LMIAs for jobs in the agriculture and agri-food sectors are given priority
Employers who hire people in the low-wage stream as part of a three-year pilot have an increased maximum length of employment under LMIAs of two years
Employers who are under the Agricultural stream or Seasonal Agricultural Worker Program do not need to submit a new Housing Inspection Report; instead, they can provide a previously valid report
The procedures for changing a name for employers on the LMIA for reasons that correlate with COVID-19 have been accelerated

In addition to these provisions, Canada has incentives and resources for companies that are making their processes safer for their new foreign employees. There is currently a $50 million initiative for employers who support employees in taking part in the required period of isolation.

Border Crossing Restrictions in Place

The global coronavirus outbreak has caused many countries to place restrictions on foreigners crossing their borders, Canada being one of them. Foreign workers will only be permitted to cross the border if they are entering for an essential reason, as defined by the Canadian Border Services Agency (CBSA). Foreign nationals who need to enter the country to work in an area that is related to critical infrastructure are typically allowed entrance. However, they must show proof that they can only perform their job duties if they are physically living in Canada, and they have an acceptable plan to quarantine.

Applying for a Temporary Work Permit? Nanda & Associate Lawyers Can Help

Schedule your consultation with Nanda & Associate Lawyers by calling (647)-951-6200 or use our online contact form. Our lawyers assist clients of all nationalities and backgrounds. We also offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

02 June

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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