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MONTHLY ARCHIVES


MARCH 2015
Parent and Grandparent Sponsorship to Canada

The government claims that the backlog in this type of family reunification application has already been reduced by nearly 54 percent, despite no visible decrease in processing times. The central premise of the new program appears to be to shift applicants from PR sponsorship to Parent and Grandparent Super Visa. Keep in mind that all PGP applications received before January 2, 2015, will not be accepted by the CIC. If you sent them out, they will likely be returned to you for re-submission. There will be a rush to submit new applications since maximum of 5,000 new, complete applications will be accepted in 2015.

To be eligible to sponsor a parent or a grandparent, you must meet the following requirements:

  • Be a Canadian citizen or Permanent Resident;
  • Be 18 years of age or older;
  • Exceed the minimum necessary income level for this program by submitting notices of assessment issued by the Canadian Revenue Agency (CRA) in support of their sponsorship. Sponsors must also demonstrate they have met the minimum necessary income level for three consecutive years. If married or in a common-law relationship, the income of both persons can be included;
  • The sponsor must sign an undertaking to repay any provincial social assistance benefits paid to the sponsor and accompanying family member(s), if any, for a period of 20 years, if necessary. If the sponsor resides in Quebec, an additional ‘undertaking’ must be signed.

The CPC-M accepts applications received by mail, from local couriers and major courier services only. CPC-M is not open to the public and no in-person deliveries are accepted.

TAGS: grandparent sponsorship, immigration, Parent sponsorship


Work Permits for PR Applicants

It has been busy at the office, eight open work permits in 2 days under the new pilots for Spouses and Common Law Partners in Canada – not bad. Hoping for many more in the coming weeks.

Citizenship and Immigration Canada has announced on December 22, 2104 a One Year Pilot, which will allow for the Issuance of OPEN WORK PERMITS to spouse or common-law partner in Canada class (SCLPC) EVEN BEFORE before the approval in principle decision is made. Until now, the only way to obtain the open work permit under this class was to wait for the first stage approval, which currently takes almost 15 months on average! This is how the program will work (from the information that is currently available):

1) EXISTING applicants who have already submitted an application for permanent residence under the SCLPC class before Dec. 22, 2014 will likely not have to wait for the first stage approval. Their work permits could be processed within a matter of weeks (probably February 2015).
2) New Applicants, who submit their open work permit request after December 22, 2014 could see their applications processed within four months.
HOW TO DO IT

If you had not initially included a work permit application with your PR application, you will need to complete an Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (PDF, KB) (PDF, 452.86 KB) form [IMM 5710], include the appropriate fee, indicating that you are applying for an open work permit, and submit it to the Case Processing Centre in Vegreville, at the following address:
CPC – Vegreville
WP – Unit 777
6212-55 Avenue
Vegreville, AB
T9C 1X6

If an SCLPC applicant has already received approval in principle, they have the option of applying for an open work permit online.
This Pilot also means that the applicants would receive provincial health coverage while awaiting permanent residency. If you need more information or require help with this process, you can find my contact information at

WHO CAN BENEFIT AND WHO CANNOT

Spouses and common-law partners of Canadian citizens and PRs who have who have submitted an application for permanent residence under the spouse or common-law partner in Canada (SCLPC) class are generally eligible to benefit from this new Pilot Project – with one exception, discussed below.

According to the CIC, the immigration officers will issue open work permits to SCLPC applicants if they meet the following requirements:

1) A PR application has been submitted under the SCLPC class;
2) A Canadian citizen or permanent resident spouse has submitted a sponsorship application on their behalf;
3) The SCLPC applicant resides at the same address as the sponsor; and
4) The SCLPC applicant has VALID temporary resident status (as a visitor, student or worker).

I draw your attention to the forth point. If a sponsored spouse is OUT OF STATUS, it seems that they will not be able to benefit from this new provision and will likely have to wait until the first stage processing has been completed to apply / receive their open work permit. This is a little bit of a let down, but the applicants need to manage their expectations.

VALIDITY

These open work permits will be valid for two years or until the date the SCLPC applicant’s passport expires, whichever is earliest. Call us – our spouse sponsorship lawyer can help.

TAGS: canada, CIC, immigration, lawyer, open, permits, sponsorship, Spouse, toronto, visas, work


Family Lawyer in Toronto

So what do most of us do that is so darn important and that justifies our (greatly variable) hourly rates? While no profession is immune to greed and bad judgment, despite the prevailing stereotypes, family lawyers are a caring bunch. We do run our businesses and need money to support our families, but we earnestly try to help our clients to live their lives on their terms, within practical and legal constraints.

Marriages are great – until they are not. If we do our jobs right, we are the best prevention and the best remedy for all parties in failing marriages. We take on your worries, cope ԝіtһ the legal, emotional and practical headaches that plague once happy unions, and we try to find the best solutions for your children. Because divorce is emotionally volatile, we are here to provide objectivity and guidance. What family lawyers do not do is make decisions about your lives. That is your responsibility and we are here to try and bring your plans to life, whenever possible.

Along with psychologists and psychiatrist, we are the confessors of the modern times. We actively listen to your stories and then we think, plan and strategize about issues involving children, visitation rights, property division, spousal abuse, spousal support, divorce etc.

The bеѕt time tо hire one of us іѕ bеfоrе you get married. I will get angry letters for this – I just know it. Sounds cynical? “Where is the trust?” you may be asking? While creating а prenuptial agreement (marriage contract) mау ѕееm like a cold and calculated decision rooted in mistrust, this piece of paper may be the kindest thing that both spouses can gift to one another – ever. If you are married for life, you will never look at this document again. If your marriage breaks up, however, a marriage contract will set оut precisely һоԝ your property will be divided and how much, if anything, you need to pay to your spouse as support. While prenups have limitations (i.e. cannot agree on a custody of a child), they are true money and sanity savers. Divorce proceedings and protracted, contentious negotiations leading up to a Separation Agreement саn wipe оut аn average savings and eat significantly into your retirement funds.

If you separate without a domestic contract in place, do not despair. We are here to make your separation as efficient and cost-effective as possible. The billing horror stories that fill the family lawyer lore are true, but not as prevalent as the rumors would lead us to believe. While paying a family lawyer is not cheap, being reasonable and following sound legal advice will save you a great deal of money in the long run.

When selecting a divorce lawyer in Toronto or elsewhere, be picky (but not unreasonable. Unfortunately for everyone involved, we are not wizards. If we were, would we still be working?) Legal expertise is important but insufficient by itself. Honesty and transparency are essential. Make sure that a family lawyer that you retain is someone that you like and that can relate tо уоur life and your circumstances. Judgment and bias have no place in our line of work. Consult ԝіtһ friends who went through a similar process, but do not expect your case to mirror theirs. Your life is unique and your family matter will be as well. Read reviews іf any are available. In the end, with some research and a bit of good luck, you will find a family lawyer that is just right for you.

 

TAGS: divorce, family. law, prenups, toronto, wills


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