I am often perturbed by the number of people who are confused about what a visa is and the trouble individuals get into when they mistakenly think that a visa will let them remain in Canada for a certain amount of time. Let me make this clear: a visa does not give you status in Canada and will not allow you to remain in Canada until the date of its expiry.
Here is what a visa is: A visa is a document (which is laminated onto the passport) that nationals of some countries will need to enter Canada. Not all people need a visa to enter Canada. If you are a national of a country which nees a visa to enter Canada, this visa will state on it your purpose for entering Canada, whether it is a single-entry or multiple-entry visa, and how long it will be valid for. A single-entry visa will allow you to enter Canada once. A multiple-entry visa will allow you to enter and re-enter Canada multiple times for as long as the visa is valid.
Upon entering Canada, most individuals will be allowed to stay for an initial period of 6 months. However, this period could vary depending on the stamp on your passport or the visitor record that is sometimes issued.
People who do not need visas to enter Canada are sometimes advised by some lawyers and consultants to drive to the border and re-enter Canada to get another 6 months status. However, this practice can cause you to be prevented from entering Canada again and should be used only in certain cases. Officers at the border often become wary of people who continually renew their status by leaving and re-entering Canada and have prevented persons from re-entering Canada and even issued removal orders in some cases.
Whether or not you needed a visa to enter Canada, once you are in Canada, you can apply to extend your status within Canada. In many cases, this might be your best option. As long as you apply to extend your status before your current status expires, you will have continued "implied status" until a decision is reached on your extension application. An experienced lawyer can help you determine whether and how you would be able to obtain a positive decision on your extension application.
Here's a little known fact: If you hold a valid work permit, study permit, or visitor record, you can travel to the United States, St. Pierre or Miquelon and return to Canada even if you have an expired visa. If you decide to travel to other countries, however, you will need a visa to return to Canada (if you are a national of a country that requires a visa to enter Canada).
Maintaining one's legal status in Canada is one of the most important actions a newcomer must take when coming to Canada. If you lose your status you could be disqualified from many permanent residency programs and almost all work permit and study permit programs that give you temporary status. Hence your ability to regain status in Canada will likely be severly compromised. Furthermore, if you are caught without status in Canada you could be detained and ordered to be removed from Canada. Proper planning and legal representation in the early stages can help you avoid these pitfalls if you have any plans to remain in Canada. Remember, keep your options open and hold onto your status tight!
Saturday, January 30, 2010
Sunday, January 17, 2010
How to build a nation
In Canada we stand on shoulders of giants. We have not fought great wars on our soil, nor have we conquered and formed an empire. Our giants were gentle extraordinary folks who through hard work, determination, and resourcefulness built one of the most progressive, peaceful, and prosperous countries in the world in less than 150 years. Our giants were immigrants and descendants of immigrants.
In recent years, however, Canada's immigration policies under the Conservative government have made a crucial shift from nation building to alarming bandage solutions. With a fertility rate of 1.54 (the replacement rate of a population is generally accepted to be 2.1 children/woman), Canada is and will be highly dependant on migration of outside workers to support its greying population. We have historically resolved our labour and population growth shortcomings in the past by attracting young, hardworking immigrants and families to come and settle into our country. From farm workers to factory workers, restaurant workers to maids, immigrants came, raised their families, and settled this country. Today, most of these workers would be kicked out after being enticed to work in Canada under harsh conditions for a limited number of years.
The Canadian government has tried to classify all of the occupations it could think of as either high-skilled or low-skilled. Which occupations are high-skilled and which occupations are low-skilled? Well, here are some examples: If you are a factory worker, you are low-skilled. If you are a manage a factory worker, you are high-skilled. If you are a bricklayer you are high-skilled. If you are a personal support worker taking care of patients in an old-age home, you are low-skilled. Clear as mud?
In Canada high-skilled workers who have job offers have several avenues to permanent residency and can bring over their families while they hold work permits. Their spouses can obtain open-work to allow them to work anywhere in Canada, their children can attend public school for free, and their families can receive free government healthcare. Low-skilled workers, on the other hand, are not encouraged to bring their families to Canada and most importantly, with a few exceptions, would not qualify for permanent residence status. Soon these workers will be required to return to their country after working here for 4 years and be banned from coming back to Canada for 6 years.
I was at a luncheon for the Canadian Bar Association when the question was asked of a HRSDC representative - why low-skilled workers were required to return to their countries after being in Canada for 2 years under a former program. The response was something to the effect of "We don't want these people to feel like they can stay in Canada and integrate into the community". This answer brought shivers down my spine when I heard it and it infuriates me every time I think about it. Why are we discriminating on the basis of a person's occupation? We need factory workers just as much as their managers. Who says we don't want "these people" to stay in our country and integrate into our community? Why can't "these people" who are needed by their employers, who work in jobs that most Canadians won't or can't do, be allowed to immigrate?
In 2008, the number of temporary foreign workers outnumbered new permanent residents 3:2. The trend is expected to continue even further. We are moving towards an European-like system where there are two classes of people living in one country. This is not a way to build a nation. This is not Canadian.
In recent years, however, Canada's immigration policies under the Conservative government have made a crucial shift from nation building to alarming bandage solutions. With a fertility rate of 1.54 (the replacement rate of a population is generally accepted to be 2.1 children/woman), Canada is and will be highly dependant on migration of outside workers to support its greying population. We have historically resolved our labour and population growth shortcomings in the past by attracting young, hardworking immigrants and families to come and settle into our country. From farm workers to factory workers, restaurant workers to maids, immigrants came, raised their families, and settled this country. Today, most of these workers would be kicked out after being enticed to work in Canada under harsh conditions for a limited number of years.
The Canadian government has tried to classify all of the occupations it could think of as either high-skilled or low-skilled. Which occupations are high-skilled and which occupations are low-skilled? Well, here are some examples: If you are a factory worker, you are low-skilled. If you are a manage a factory worker, you are high-skilled. If you are a bricklayer you are high-skilled. If you are a personal support worker taking care of patients in an old-age home, you are low-skilled. Clear as mud?
In Canada high-skilled workers who have job offers have several avenues to permanent residency and can bring over their families while they hold work permits. Their spouses can obtain open-work to allow them to work anywhere in Canada, their children can attend public school for free, and their families can receive free government healthcare. Low-skilled workers, on the other hand, are not encouraged to bring their families to Canada and most importantly, with a few exceptions, would not qualify for permanent residence status. Soon these workers will be required to return to their country after working here for 4 years and be banned from coming back to Canada for 6 years.
I was at a luncheon for the Canadian Bar Association when the question was asked of a HRSDC representative - why low-skilled workers were required to return to their countries after being in Canada for 2 years under a former program. The response was something to the effect of "We don't want these people to feel like they can stay in Canada and integrate into the community". This answer brought shivers down my spine when I heard it and it infuriates me every time I think about it. Why are we discriminating on the basis of a person's occupation? We need factory workers just as much as their managers. Who says we don't want "these people" to stay in our country and integrate into our community? Why can't "these people" who are needed by their employers, who work in jobs that most Canadians won't or can't do, be allowed to immigrate?
In 2008, the number of temporary foreign workers outnumbered new permanent residents 3:2. The trend is expected to continue even further. We are moving towards an European-like system where there are two classes of people living in one country. This is not a way to build a nation. This is not Canadian.
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