Immigration Newsweek

By Atty. Henry Moyal

Q.        I’m a Canadian Citizen who is seeking to hire a lady from the Philippines to care for my children. The LMIA in Canada has already been approved. The caregiver that I want to hire in the Philippines is working with an agency there and they sent me the paperwork to take to the Philippine Labour Office in Toronto (POLO) for verification. I took the paperwork to POLO but the POEA has rejected the paperwork. The agency has said that a foreign placement company must be involved. I am confused to why I need to hire an agency when I have the LMIA and I also don’t understand why the paperwork is being rejected.?

A.      It has never been a problem to have the POLO and POEA coordinate their requirements to facilitate workers going overseas for work. It has always been a simple and routine transition to get POLO to   authenticate the documents for POEA approval. It seems that nowadays, everyone is confused. I did some research and it seems the root of the confusion is due to the new POEA Memorandum Circular No. 05 Series 2018 that was released on March 22, 2018. Pursuant to Republic Act No. 8042 in conjunction with the new circular, there are new requirements that must be adhered to regarding verification by POLO. The following are the instructions as per section A:

The following documents shall be submitted to the Philippine Overseas Labour Office by the employer for authentication by the Philippine Embassy/Consulate:

1.      A copy of the formal arrangement between the individual direct employer and the designated Philippine recruitment agency on the hiring of a household service worker

2.      Employer profile with the complete address and contact information, proof of capacity to employ and pay wages, number of persons in the household

3.      Certification from their local police that the employer or any of the immediate family members has no criminal record and has not been implicated in any case of abuse

4.      Employment contract emphasizing the superior terms and conditions of employment

5.      Visa or work permit or similar document such as labor market impact assessment from Service Canada

6.      Contingency plan by the employer (Middle East countries)

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By: Atty. Henry Moyal

For four decades, applicants around the globe have been refused visas to Canada due to their medical condition. Whether it was due to a child with developmental delay or a parent with a disability – the applicant and all their family members were denied.

That was the law – until now. Starting June 1, 2018, Canada Immigration will relax the restrictions on immigrant applicants with disabilities and chronic health problems that have prevented many from immigrating previously on the grounds of medical inadmissibility.

The current law assesses a certain amount that is said to be the average annual health cost for a Canadian. It other words, how much does it cost the government to care for health for the average Canadian?  The number is $6655. Therefore, anyone seeking to immigrate to Canada that has a medical condition that is more than $6655 is refused as the applicant has exceeded the amount or is what is called “excessive medical demand” refusal.

The new laws will raise the cost threshold for medical inadmissibility to three times that level, or $19,965, and remove references to special education, social and vocational services and personal support services needed by applicants.

Despite the good intentions, many say that the new laws fall short of what is expected of Canada in today’s time. Many are wondering why the government did not simply repeal the entire excessive demand clause. After all, having a disability can happen to anyone through no fault and by simply raising the bar to 3 times the threshold is disappointing because it still views  people with disabilities as liabilities. It is noteworthy to mention that a full repeal was recommended by a parliamentary immigration committee in a study released in December.

Statistically, about 1,000 permanent and temporary applicants are found to be medically inadmissible every year on the ground of excessive demand on health care and social services. This represents only 0.2 per cent of all applicants who undergo medical screening.

Nevertheless, for the time being it is good news and a stark contrast to immigration’s attitude held for 40 years. It seems the future will see a full repeal but for now it is better than nothing most agree.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By: Atty. Henry Moyal

Q. I have lived in Canada for over two years and became an immigrant of Canada in 2000. I never had the need to travel and I kept by old record of landing.
My Filipino passport has expired and I do not know where it is. I finally decided to apply for Canadian Citizenship and it is taking a long time. My mother just had a stroke and I need to travel immediately.
Is there any way to speed up a Canadian Citizenship application for urgent cases?

A. Yes, but Canada Immigration has strict guidelines on when they will expedite an application. Citizenship applications are expedited if documents support the need for urgency in the following situations.
• a request is received from the office of the Minister of Immigration, Refugees and Citizenship
• the applicants need to travel because of a death or serious illness in the family and cannot obtain a passport in their present nationality (which includes the Canadian passport)
• a subsection 5(1) grant applicant has 1095 or more days of physical presence in Canada and faces loss of employment or of employment opportunity because they are not a Canadian citizen
• the applicants are Canadian citizens and face loss of employment or of employment opportunity because they are not in possession of a document establishing Canadian citizenship
• an application is delayed due to an administrative error
• an applicant for grant of citizenship has a successful appeal to the Federal Court
• the applicant is in any situation in which not expediting the citizenship application harms them (for instance, need to renounce foreign citizenship by a certain date)
• the applicant needs a citizenship certificate to access certain benefits such as a pension, a social insurance number or health care
Remember that you must provide documents to prove the specific scenario to support an urgent case request.

Q. I understand that obtaining an educational assessment (ECA) of foreign education is required when immigrating to Canada. I just received by report back from WES ( World Education Service) which says that my school is a Non-Recognized Institution. What does that mean? And is it acceptable?

A. In order to be eligible for points, a foreign education credential must have a positive assessment from a designated organization – the company you chose was WES. The ECA report must indicate the equivalency of the foreign credential to a Canadian credential and must indicate the institution where the candidate obtained the credential is recognized by the authority of the home country.

Each organization may have a different way of reporting their educational credential assessment.

According to WES, post-secondary education is regulated by national legislation in most countries and has defined guidelines that should be in place in order to bestow official degree granting authority on institutions. For all such institutions, WES ECA reports will indicate the status as recognized if the documents assessed are issued by an institution that has power to award academic credentials.

An institution that is not recognized by the appropriate educational authorities in the home country as a degree granting institution is considered not recognized by WES. Study completed at such institutions is assessed by WES and the ECA report will indicate the status of the foreign institution as not recognized.

Institutions that are not licensed or registered as teaching institutions in the home country do not have the right to operate or issue degrees. Therefore, if WES indicates that the organization is ‘not recognized’ then Canada Immigration will not assign any points for the credential.

Q. I’m completing an application for permanent residence under express entry and the instructions require a copy of my passport and all stamps. I just renewed my passport and I have travelled to many countries on business in the last ten years. Do I need to provide all these stamps?
A. Canada Immigration has admitted that the instructions for this particular item was confusing and in error. Bottom line : You do not need to include stamped pages of the passport.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By: Atty. Henry Moyal

Q. I came to Canada as a single mother as a caregiver. It took almost 5 years to obtain permanent residence. Before being an immigrant I returned to the Philippines to marry my daughter’s father and returned to Canada just in time for my landing interview. I tried to sponsor my husband recently but it was refused as they told me that I did not declare my spouse. But no one at the airport or at landing interview asked me about my marital status. What am I supposed to do now? Is my child suppose to grow up without a father? How do I get around this?

A. This is a complex and problematic issue because you did not inform immigration about your marriage before being an immigrant and your spouse did not undergo routine medical/criminal checks. The onus is upon you to tell immigration of changes in status…..they do not need to ask. Yes, it would be nice if they did but again, it is an applicant’s responsibility. The result, unfortunately, is that you misrepresented yourself and “lied” at landing by being an immigrant as a single person when in fact you were married. The problem is now twofold:

1) Under regulation R117(9)(d) your spouse is not a family class member and cannot be sponsored (because you did not declare him), and
2) You misrepresented yourself and it is possible that enforcement branch may come after you to start deportation proceedings and take away your PR card.

It sounds drastic but it could happen. The good news is that you have a child (which I assume is a Canadian Citizen) and it is unlikely you will be removed. It is also a good idea to look into any applicable humanitarian and compassionate grounds to overcome your predicament. Some recent cases have approved such cases on those grounds.

Q. Under the new caregiver program I read that in order to become an immigrant an applicant must have completed a one year post secondary diploma in Canada or equivalent abroad. I only completed high school in the Philippines and one year of college. Is it worth applying for permanent residence? Can I obtain the extra year in Canada while I’m in Canada after working 24 months?

A. You are correct in that under the new pathway for PR as a caregiver you must have proficiency in English and at least a one year post secondary credential. If you only completed high school in the Philippines then you will be refused. Do not apply under you qualify. I suggest you look into obtaining a study permit after working in Canada for 24 months, then complete a one year program in Canada at a school and then apply for permanent residence.

Q. I entered Canada as a student from the Philippines. I was married in Manila but recently obtained a divorce in Ontario. I am now marrying my Canadian boyfriend but my passport still has my old married name. Can I apply for the sponsorship using my birth name?

A. When you apply you need to use the name as per your passport. As you know the country of the Philippines does recognize divorce and will not accept the Ontario divorce. In my experience, the Philippine consulate will not change your passport to your birth name so you need to apply first and then change name later.

• Note: Canada Immigration has changed the sponsorship forms again and will no longer accept old forms after March 15, 2018. Applications received after March 15, 2018 will be returned unprocessed if the old versions of the forms are used.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

PERMANENT RESIDENCE AS A CAREGIVER WILL END NOVEMBER 2019

Immigration Newsweek

By: Atty. Henry Moyal

A subtle tsunami in immigration law occurred this week. Its announcement sent ripple effects worldwide and every nanny agency from Hong Kong to Dubai were trying to piece together what immigration’s announcement meant to current workers under the caregiver program and to those who are planning to arrive.

On November 29, 2014, Canada Immigration restricted permanent residence applications through the Live-in Caregiver Program to workers whose initial entry to Canada was supported by a Labour Market Impact Assessment received by Service Canada on or before November 30, 2014. At the same time, Canada Immigration introduced two new pathways to permanent residence: the Caring for Children Pathway and the Caring for People with High Medical Needs Pathway.
The introduction of these 2 new pathways was intended for only 5 years which means it will cease effect at the end of November 2019.

Further, the announcement in the official government web site last week clearly indicated that caregivers will no longer be able to apply for permanent residence after November 2019. If so, what about caregivers who arrived in Canada a month or two ago? They will never mathematically be able to accumulate 24 months of work to qualify? Or what about workers who will arrive to Canada as caregivers soon? Do these workers know that they will not be able to ever qualify for permanent residence?
Canada is the only country in the world that has this special program that permits caregivers to automatically become immigrants after two years of Canadian work. Has Canada been too generous all these years?

The reality is however that the new pathway program resulted in very few applications since 2014 ( under 2000). In contrast the live in caregiver program had over 10,000 from 2006-2014.

While the trend of immigration seems to suggest that this program will end, it would be beneficial to all if immigration was honest and transparent to let everyone exactly what lies ahead for caregivers.

A few days after the announcement, Canada Immigration amended its notice to the following:

We are reviewing the Caring for Children and Caring for People with High Medical Needs pilot programs to determine how caregivers will apply for permanent residence after the pilots expire on November 29, 2019. We will announce the details well before the pilots expire.

These 5-year pilot programs are scheduled to expire on November 29, 2019. To be eligible to apply for them, you will need to have two years of full-time work experience as a caregiver and submit your application before that date.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek Blog

by: Henry Moyal

Canada Immigration is currently reviewing the Caring for Children and Caring for People with High Medical Needs pilot programs to determine how caregivers will apply for permanent residence after the pilots expire on November 29, 2019. Details will be provided before the pilots expire.

In November 2014, Canada Immigration essentially cancelled the Live-In-Caregiver program and replaced it with two similar programs which were: Caring for Children and Caring for People with High Medical Needs. These two programs were only pilot (temporary) programs.

These 5-year pilot programs are scheduled to expire on November 29, 2019.

It is not yet known what will happen after November 2019 or whether these programs will be extended.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By: Atty. Henry Moyal

The federal government has increased the Ontario Immigrant Nominee Program’s (OINP) allocation in 2018.
Ontario can now nominate 6,600 applicants for permanent residency which is an increase of twenty per cent since 2016.
As such, the OINP is now accepting new applications effective immediately and all streams are open except for the Masters Graduates and PhD Graduates streams, which will be opening at a later date.
The following are the most popular streams eligible for qualified candidate:

1) Masters/Ph.D Stream:
– No age requirement
– No work experience required
– Applicants must have obtained a Master degree or Ph.D from an Ontario University
– Intention to reside in Ontario

2) Human Capital Priorities Stream

– Must file federal express entry application
– Score a minimum of 400 CRS points
– No application is required to obtain an invitation to Ontario. The Ontario government searches the federal pool and contacts applicants directly
– Intention to reside in Ontario

3) Job Offer from Canadian Employer

– No federal express entry application required
– Employer must be in Ontario
– Employer must gross over $1 million if in GTA ($500K if outside GTA)
– Employer must be an active business in Ontario with over 5 full time employees if in GTA ( 3 if outside GTA)

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

The federal government has increased the Ontario Immigrant Nominee Program’s (OINP) allocation in 2018.

Ontario can now nominate 6,600 applicants for permanent residency which is an increase of twenty per cent since 2016.

As such, the OINP is now accepting new applications effective immediately and all streams are open except for the Masters Graduates and PhD Graduates streams, which will be opening at a later date.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By: Atty. Henry Moyal

As we all celebrate the new year and return to our busy lives after the holiday break, Canada Immigration has been busy announcing changes. In particular, in January 2018 the following important laws were announced.

SPONSORING OF PARENTS AND GRANDPARENTS

The parent sponsorship program is now in full force again with a random selection of 10,000 applicants. It should be noted that last year Canada Immigration received over 90,000 applicants when the 2017 quota opened.
Currently, potential sponsors must first notify IRCC that they are interested in sponsoring their parents and grandparents by submitting an “Interest to Sponsor” form. Using a random selection process, IRCC will then invite potential sponsors to apply to sponsor their parents and grandparents.
Those who wish to apply to sponsor their parents and grandparents in 2018 must first fill out this application before February 1, 2018.
It is also crucial to remember that potential sponsors must have the minimum income requirement for 2014, 2015 and 2016 to qualify.

LMIA GOVERNMENT FEE OF $1000 TO BE WAIVED

Effective December 8, 2017, families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs are exempt from paying the Labour Market Impact Assessment application processing fee of $1000. Families or individuals with a gross annual income of $150,000 or less, seeking to hire a foreign caregiver to provide childcare in their home to a child under 13 years of age, also qualify for the processing fee exemption.

ADDING A CHILD UNDER 22 TO AN EXISTING PR APPLICATION

Canada Immigration has changed the age of dependent child from “under 19” to “under 22” on October 24, 2017. Applicants have until Jan 31st, 2018, to add any family members to existing applications that were submitted prior to this change.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By: Atty. Henry Moyal

In my 24 years of practice as a lawyer, they are only a few moments in immigration history that have been monumental and that has drastically changed the landscape of immigration. For example, in 2002, Canada Immigration made it possible for same sex applicants to apply together and permitted conjugal relationships. Recently, Canada Immigration changed the way it selects immigrants but putting them in a pool as opposed to the long time “first come first serve” approach that was the standard for decades.

It now seems that the coming months will see another groundbreaking and monumental change in immigration law. In particular, the cancelling of the law that prohibits people with medical conditions (for excessive demand – not health risk) from being barred from Canada. It is hard to find a person who does not know of an applicant who was refused for medical inadmissibility. Families have been separated and families have been torn apart due to medical refusals but that may all change soon.

A parliamentary committee has recommended Ottawa repeal a provision in the law that bans people with disabilities and excessive health needs from immigrating to Canada.

In a groundbreaking report on the controversial practice, the standing committee on citizenship and immigration said the excessive medical demand clause goes against the United Nations Convention on the Rights of Persons with Disabilities and is out of touch with Canadian values.

However, those who pose risks to public health and public safety should still be barred from being admitted to Canada.
According to the report : “immigration laws unjustifiably violate human rights of certain would-be newcomers to Canada and this is inconsistent with the modern values Canadians associate with contemporary human rights protections.”

This change, if implemented, will be good news for live in caregiver. Statistics show 150 foreign caregivers were denied permanent residence in 2014 alone because a dependent child was deemed medically inadmissible.

Immigration Minister Ahmed Hussen has not officially repealed the law but did say that the law has to be changed because it’s against the government’s policies.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Open Work permit pilot extended to 2019 for spouses and common-law partners applying for permanent residence from within Canada.
Effecitve immediately, the Government of Canada is extending the open work permit pilot for spouses and common-law partners applying for permanent residence under the spouse or common-law partner in Canada (SCLPC) class until January 31, 2019.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By: Atty. Henry Moyal

I went to jail three times this month. Well, not for crimes I committed but to represent immigration clients who were held in immigration detention. As immigration (only) detention centre get full, it is very common for the federal government to detain and hold individuals in criminal jails despite the fact that these individuals have not committed any criminal offences. One such place is Maplehurst Correctional Centre in Milton, Ontario where people on “immigration hold” wear the same orange jumpsuits, pay $12 for a haircut and live in the same cells as their criminally charged brethren. That also means that immigration hearings are held in the jail and recorded just like any other immigration proceeding. That is where I found myself several times this month trying to help clients get out of immigration detention despite their alleged immigration violations. While Canada Immigration will often argue that they are afraid these persons will flee and not show up to future immigration hearings, the key to the issuance of a release order is the presence of a bondsperson.

The role of the bondsperson, is that they will be depositing and/or pledging money to ensure that the person in detention will follow all conditions of the release order. Bondspersons sometimes offer their residence but it will be up to the immigration member hearing the case if the offer, along with other conditions, is a suitable alternative to detention. If the person detained does not obey all the release conditions, then CBSA may keep the money deposited and/or pledged.
Bondspersons usually testify at detention reviews and are asked questions to ensure they are suitable. Having money is not the only factor. Not all persons are suitable bondspersons.
Some criteria are:
*be a Canadian citizen or permanent resident of Canada
*be at least 18 years old
* be present and currently residing in Canada
* know the person in detention
* come forward of your own free will
* be willing to pledge your own money ( there is no specific amount required. Final amount is determined by the member)
* offer supervision to the person in detention

In general, there are two types of bonds – either a cash bond or performance bond (or combination of both). To provide a performance bond persons must demonstrate total income and expenses where the net amount is a multiple of 3 times the amount
offered. If paying cash bond, the source of funds must be from the bondsperson and not from the person in detention.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

by. Attorney Henry Moyal

Following the tabling of the 2017 Annual Report to Parliament on Immigration on November 1, 2017, Immigration, Refugees and Citizenship Canada has released details on its 2018 multi-year Immigration Levels Plan. Canada will welcome 310,000 new permanent residents in 2018, 330,000 in 2019 and 340,000 in 2020.

For example, the bulk of new immigrant visas will remain steady within the economic program under the Federal High Skilled category.
However, the caregiver program seems to be dwindling and it is predicted that it will be eliminated in the not so distant future.

Currently, Canada Immigration is still accepting applications for permanent residence for those who entered under the old live-in-caregiver program which was changed in 2014. Applications received under the legacy Live-in Caregiver Program will continue to be processed, with the final applications expected to be processed in 2019 or 2020.

The other two caregiver programs (Caring for Children Class and the Caring for People with High Medical Needs Class) plus the old live in caregiver program comprises one of the smallest group of immigrants to be issued visas according to the 2017 Annual Report.

Target numbers for caregiver admissions are: 17000 in 2018 / 14000 in 2019 and a mere 5000 in 2020.

As the numbers drastically go down, it is very likely that the caregiver program and pathways will be gone after 2021.

Henry Moyal, Immigration Lawyer
www.moyal.com

Tel: 416 733 3193

Toll free in North America: 1 888 8472 078

Immigration Newsweek

By Atty. Henry Moyal

Following the tabling of the 2017 Annual Report to Parliament on Immigration on November 1, 2017, Immigration, Refugees and Citizenship Canada has released details on its 2018 multi-year Immigration Levels Plan. Canada will welcome 310,000 new permanent residents in 2018, 330,000 in 2019 and 340,000 in 2020.

The breakdown of the aforementioned numbers deserve more scrutiny as it is important to recognize which type of immigrants these numbers represent.

For example, the bulk of new immigrant visas will remain steady within the economic program under the Federal High Skilled category. Under this category applicants qualify to immigrate primarily due to factors such as age, education, work experience and English skills.

The Federal High Skilled category includes Federal Skilled Worker Program, Federal Skilled Trades Program and Canadian Experience Class applicants.

The target is to issue visas to his group as follows: 75000 in 2018 / 81000 in 2019 and 86000 in 2020.

The other biggest group, Family Sponsorship, in contrast does not require an applicant to possess any language skills nor education nor work skills. Age is also not a factor within the family sponsorship category.
The target numbers are: 86000 in 2018 / 88000 in 2019 and 91000 in 2020.

The numbers above are really of no surprise. However, the caregiver program seems to be dwindling and it is predicted that it will be eliminated in the not so distant future.

Currently, Canada Immigration is still accepting applications for permanent residence for those who entered under the old live-in-caregiver program which was changed in 2014. Applications received under the legacy Live-in Caregiver Program will continue to be processed, with the final applications expected to be processed in 2019 or 2020.

The other two caregiver programs (Caring for Children Class and the Caring for People with High Medical Needs Class) plus the old live in caregiver program comprises one of the smallest group of immigrants to be issued visas according to the 2017 Annual Report.

Target numbers for caregiver admissions are: 17000 in 2018 / 14000 in 2019 and a mere 5000 in 2020.

As the numbers drastically go down, it is very likely that the caregiver program and pathways will be gone after 2021 as resources will not justify processing for a mere few.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By Atty. Henry Moyal

Starting January 1, 2018, all babies, children and youth aged 24 and under who have OHIP coverage will be covered by OHIP+ which gives free drugs and medications at no cost to the patient. Enrollment in OHIP+ will be automatic and includes over 4400 eligible medications.
Examples of common drug products used by children and youth, which are covered through the program, include:
• Antibiotics to treat infections
• Inhalers for asthma
• Various insulins, oral diabetic medications and diabetes test strips
• Antidepressants
• Oral contraceptives
• Epilepsy drugs
• Medications to treat mental health conditions
• Attention deficit hyperactivity disorder (ADHD) drugs
• Some drugs to treat childhood cancers and other rare conditions

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By Atty. Henry Moyal

Q. I just received my Confirmation of Permanent Residence and immigrant visa in my passport. I have another four weeks to enter Canada.
However, I just noticed an error on the document. I am afraid to return it to the Canadian Embassy for correction because I need to enter Canada soon and I am afraid I will not get the new COPR on time. Can I enter Canada with the errors and explain it to the officer at the port of entry?

A. It depends on the error. If the error pertains to your name or if your marital status has changed then you should not enter Canada as the port of entry officer cannot change it. Contact the Canadian Embassy. However, changes to height, eye color, date of original entry, date of last entry and address / country of residence can be made at the Point of Entry and are not required to be corrected prior to landing.

You may proceed to land with the document as-is and please advise the agent at the Port of Entry.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Starting at 4 p.m. EET (9 a.m. ET) on December 1, 2017, Canada intends to lift the visa requirements for all Romanians and Bulgarians. At that point, all citizens of Romania and Bulgaria would no longer need a visa to travel to Canada.
However, similar to other visa-exempt travellers, they would need an Electronic Travel Authorization (eTA) to board a flight to Canada. Applying for an eTA is a simple, inexpensive online process that takes minutes to complete.
Romanians and Bulgarians who already have a valid Canadian visa can continue to travel to or transit through a Canadian airport with that visa until it expires. You do not need to apply for a new eTA. As well, those who already have an eTA can continue to fly to Canada with that eTA until it expires or they get a new passport.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By: Henry Moyal

The following is from Canada Immigration to clarify any confusion on when a study permit expires.

If a foreign national was given a study permit, there is an expiry date marked on the document. This is the expiry date of your temporary resident status in Canada.

The duration of the validity of a study permit corresponds to the length of the program of study plus 90 days following program completion. The program of study is considered complete when you receive a notification in writing of program completion from your school.

As per subsection R222(1), a study permit becomes invalid upon the first to occur of the following days:
(a) the day that is 90 days after the day on which the permit holder completes their studies,
(b) the day on which a removal order made against the permit holder becomes enforceable, or
(c) the day on which the permit expires.

If your study permit has expired and you have not applied for an extension, or if you did not respect one of the conditions on your permit or you have studied without a required permit, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to removal from Canada.
However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within the 90 days following your loss of status. If not, you have to leave Canada.
It is illegal to remain in Canada beyond the validity of your status in Canada.
It is illegal to work without a required work permit.
It is illegal to study without a required study permit.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

CANADA TO INCREASE IMMIGRATION TO 340,000 BY 2020

Immigration Newsweek

By Atty. Henry Moyal

Today, the Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship, announced the Government of Canada’s historic multi-year immigration levels planthat will responsibly grow the number of permanent residents Canada welcomes annually.

Beginning with 310,000 new permanent residents in 2018, and growing to 330,000 in 2019 and 340,000 in 2020, this plan sets out themost ambitious immigration levels in recent history. This measured, gradual increase will trend towards one percent of the population by 2020, spurring innovation and representing a major investment in Canada’s prosperity, now and into the future.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By Atty. Henry Moyal

It is now well known that as of October 24, 2017 any new applicant/application can include a dependant unmarried child under the age of 22 years old.
This new law increased the age of a child from 19 to 22. A positive and welcome sign by Canada Immigration.

But what if a person has an existing PR application in process and did not include a child (because the child was over 19 and ineligible) but now that child is under 22 years old and eligible under the new rules? How does a person add the child?

The procedure is as follows:

A) Parents who wish to apply for their child to come to Canada must notify the Department of their intention to do so by January 31, 2018.

B) A permanent residence application for a child can be made if the:
1. Child was 19, 20, or 21 as of May 3, 2017 (the date of final publication of the regulatory amendment) or as of date the parent’s permanent residence application was made, if received on or after May 3, 2017 and before October 24, 2017;
2. Parent or child had a permanent residence application that was either pending on May 3, 2017 or was received on or after May 3, 2017 and before October 24, 2017 (the child must have been previously identified as “additional family” on their parent’s application);
3. Child is not a spouse/common-law partner; and,
4. Child is not otherwise inadmissible.
C) The child can be:
1. Processed or added to an application (as a dependent child) if the permanent resident visa or Confirmation of Permanent Residence (COPR) had not been issued at the time the Department was notified of the intention to add the child; OR
2. Sponsored as a member of the Family Class once the parent is granted permanent residence.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193