The Legal Landscape of Immigration Law in Canada: Insights and Strategies for Success

lawyers shaking hands in Canada

Immigration law in Canada in 2023 is constantly evolving, with new policies, regulations, and initiatives being introduced regularly. As we move through the year, applicants need to understand the legal landscape of Canadian immigration law to successfully navigate the application process.

At Nanda & Associate Lawyers, we pride our team on their ability to treat every client’s needs and circumstances with the utmost egalitarianism and attention to detail. Our litigation lawyers in Brampton are always ready to fight for your rights, whether it’s a matter of family law or personal injury law. However, while seeking fairness is undeniably important, the law in Canada is also designed to create opportunities and protection for anyone who might need it.

That’s why The Great White North is known globally for its unparalleled openness to visitors and settlers. Although border security is as tight as it needs to be to ensure that rules and regulations are respected, an honest and legally sound application can earn you a place.

Overview of Immigration Policy

Canada’s immigration policy is designed to attract skilled and talented individuals from around the world to help build a strong and prosperous nation. The policy is based on a point system, where applicants are awarded points based on their age, education, work experience, language proficiency, and other factors. The Comprehensive Ranking System (CRS) is used to rank applicants in the Express Entry pool, which is the main pathway for skilled workers to immigrate.

It has a very comprehensive and complex system that is constantly developing. The immigration law is governed by the Immigration and Refugee Protection Act (IRPA), which was introduced in 2002 to replace the Immigration Act of 1976. The IRPA sets out the criteria for entry into Canada as well as the procedures for obtaining Canadian citizenship, new pathways to permanent residency, and temporary visas.

In recent years, there have been several developments. The Express Entry system was introduced to manage the selection of qualified employees for economic immigration programs such as the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. This system allows candidates to create an online profile and be ranked based on their age, education, language proficiency, work experience, and other factors.

The government introduced the Global Skills Strategy to facilitate the entry of highly skilled foreign workers to fill critical skills shortages in Canada. The program offers two-week processing for work permits and enables employers to hire foreign workers without requiring a Labor Market Impact Assessment (LMIA).

paperwork being filled out

They also announced the Atlantic Immigration Pilot Program, which was aimed at attracting and retaining skilled immigrants to the Atlantic provinces of Canada. This program offers a pathway to permanent residency for skilled workers and international graduates who want to work and settle in Atlantic Canada.

The COVID-19 pandemic had a significant impact on immigration. The government introduced travel restrictions and border closures to limit the spread of the virus. Immigration processing was also impacted, and the processing of some applications was delayed. However, the Canadian government introduced several measures to mitigate the pandemic’s impact on immigration, such as extending the validity of expired documents and introducing new policies to facilitate the entry of temporary foreign workers.

Strategies for Success in 2023

Here are some tried and tested processes for immigration law in Canada in 2023:

Express Entry Program

The Express Entry Program is an online system that processes applications for skilled workers who want to immigrate. To be eligible, you must first create an online profile and submit an Expression of Interest (EOI) form. Your profile will be scored based on factors such as age, education, work experience, and language proficiency. If your score is high enough, you will receive an Invitation to Apply (ITA) for permanent residency.

Experience Class

The Canadian Experience Class (CEC) is a program that allows individuals who have worked in Canada for at least one year to apply for permanent residency. To be eligible for the CEC, you must have gained work experience in Canada in a skilled occupation.

Federal Skilled Worker Program

The Federal Skilled Worker Program (FSWP) is a program that allows individuals with the necessary education, work experience, and language proficiency to apply for permanent residency in Canada. To be eligible, you must meet certain requirements, such as having a minimum of one year of work experience in a skilled occupation.

International Mobility Program

The International Mobility Program (IMP) is a program that allows individuals to work in Canada temporarily. To be eligible for the IMP, you must have a job offer from a Canadian employer, and your employer must obtain a Labour Market Impact Assessment (LMIA) to demonstrate that they could not find a local worker to fill the position.

Refugee Claim

If you are a refugee who is seeking asylum in Canada, you may be able to claim refugee status. To be eligible, you must meet certain requirements, such as having a well-founded fear of persecution in your home country.

an immigration lawyer checking an application

It’s important to note that the immigration process can be complex, and the eligibility requirements for each program can change over time.

Common Reasons for Rejection

Before applying, it’s a good idea to educate yourself about the possibilities. Here are some things you should avoid when putting together your application:

Incomplete or Inaccurate Information

One of the most common reasons for rejection is incomplete or inaccurate information on an application form. Applicants must ensure that all required fields are completed accurately and truthfully. Failure to provide the required information or providing false information can lead to immediate rejection.

Criminal Record

Canada has strict rules regarding criminality, and applicants with a criminal record may be deemed inadmissible. Depending on the severity of the crime, the applicant may be barred from entering Canada for a certain period or permanently. It is advisable to seek the assistance of an immigration lawyer to determine whether an applicant is admissible or not and, if not, what steps can be taken to address the issue.

Medical Inadmissibility

Applicants who have a medical condition that is likely to cause excessive demand on healthcare resources or could pose a danger to public health and safety may be found medically inadmissible. This is a complicated area of the law, and it is advisable to seek the assistance of an immigration consultant to determine the best course of action.

Financial Inadmissibility

Applicants who cannot demonstrate that they have sufficient funds to support themselves and their family members in Canada may be found financially inadmissible. It is important to provide accurate and verifiable financial information to avoid this problem.

Lack of Education and Work Experience

Since Canada has a points-based system that awards points for education and work experience, applicants who don’t meet the minimum requirements may be rejected. It is important to determine whether an applicant qualifies and what steps can be taken to improve their chances.

Language Proficiency

Canada has two official languages, English and French. Candidates must demonstrate proficiency in one or both languages, depending on the immigration program they are applying under. Failure to meet language requirements can lead to rejection.

Non-Compliance with Immigration Laws

Applicants who have infringed upon immigration laws in the past, such as overstaying a previous visa, may be deemed inadmissible. It is important to disclose any previous violations and seek the assistance of an immigration law firm to determine what steps can be taken to address the issue.

How Consulting an Immigration Lawyer Can Make a Major Difference

An immigration lawyer can provide valuable advice and guidance to help applicants navigate the complex Canadian immigration system. They can assess an applicant’s eligibility, identify potential issues, and provide advice on how to address those issues. They can also help applicants prepare their applications, gather required documentation, and submit their applications to the appropriate authorities.

skyscrapers in Canada

Additionally, they can represent applicants in the Federal Court Of Appeals if necessary. By working with an immigration lawyer, applicants can improve their chances of a successful result and avoid potential snags that could lead to rejection. Even if the application is accepted, anything that could be seen as misrepresentation can lead to deportation from Canada, even if it was simply a mistake. This not only means that you have to leave the country, but you may also face penalties and an exclusion order stating that you can’t return for a given period.

You have the option of submitting an immigration appeal, but it helps to have a sharp legal mind in your corner who’s already familiar with your case. At Nanda & Associate Lawyers, our team speaks multiple languages and deals with all sorts of legal matters. At our firm, you’ll find divorce lawyers, commercial real estate lawyers, and more. Click here to book a consultation.


Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice


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