Mackay Colleen Law Consultancy

08/30/2021

We are helping thousands of Afghan citizens who have worked with the U.S or Canada organizations before the transition of power to the Taliban as interpreters, translators, cultural advisors, drivers, volunteers and more. With the Taliban now in control of Afghanistan, these individuals and their families are in grave danger and we have created an available avenue to help these individuals to the United States and Canada.b

Currently, there are more than 20,000 Afghans trapped in Afghanistan and are targets of violence after a crippling backlog by the U.S. government in processing their Special Immigrant Visas (SIVs). There are also untold numbers of Afghans who are facing violent retaliation, including human rights activists (especially women and girls), journalists, and religious minorities, requiring large-scale humanitarian evacuations for those whose lives are in danger.

This aid is only available to only 20,000 Afghanistan nationals with a limited time range. Requirements for this emergency assistance include a valid passport, national identification card, and medical report. Afghanistan nationals should send a message for aid.

08/23/2021

How to move to Canada and settle as an international student

Here is a step-by-step guide on how you can study and settle in Canada.

Are you thinking about moving to Canada to study?

If so, you will need a study permit before you can pursue your education as an international student. A study permit is a document issued to foreign nationals by the Canadian government, allowing them to study at Designated Learning Institutions.

Here’s a list of the steps you will need to take to obtain your study permit and prepare for your move to Canada.

Step 1: Choose and enroll in a Designated Learning Institution (DLI)
Before you can apply for a study permit, you will need to decide where you want to go to school. Provinces and territories designate different schools to enroll international students. These schools are known as Designated Learning Institutions (DLI). All primary and secondary schools in Canada are DLIs. You can find a list of post-secondary DLIs here.
Once you have selected a program and school of interest, it’s time to apply. Your application must include a letter of acceptance from a DLI.
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Step 2: Ensure you meet the eligibility requirements
In addition to an acceptance letter from a DLI, there are several other eligibility requirements you will need to meet to apply for a study permit. These include:
Proof of funds. You will need to provide proof you have enough money to pay for your tuition fees and living expenses (for you and any family members), as well as return expenses for yourself and any family members.
No criminal record. You may be required to prove you have no criminal record. You may be required to get a police certificate.
Good health. You may be required to get a medical exam to prove you are in good health.
Proof you will leave after permit expires. Finally, you will have to prove to an officer you will leave after your study permit expires.
Step 3: Get your documents in order
To apply for a study permit, you will need to provide the following documents:
Proof of acceptance. This is a letter of acceptance from your school. You can provide the original acceptance letter or an electronic copy.
Proof of identity. You and any family member travelling to Canada will need to provide a valid passport or travel document and two recent passport-sized photos.
Proof of financial support. You can use the following documents to provide proof of funds:
Canadian bank account in your name, if you’ve transferred money to Canada. The Scotiabank StartRight® Program provides banking support to international students. You can book an appointment with Scotiabank to set up a student account.
Guaranteed Investment Certificate (GIC) from a participating Canadian financial institution. Scotiabank offers a Student GIC Program that can be used to help demonstrate proof of funds.
Student or education loan from a bank.
Bank statements for the past four months.
Bank draft that can be converted to Canadian dollars.
Proof of paid tuition and housing fees.
Letter from the person or school giving you money.
Funding paid from within Canada, if you have a scholarship or are in a Canadian-funded educational program.

You might also be required to provide:
Letter of explanation. Explains why you want to study in Canada and that you understand your responsibilities as a student.
Certificat d’acceptation du Quebec (CAQ). If you want to study in Quebec for longer than six months you must include the CAQ document issued by the Gouvernement du Quebec. You can contact your DLI for details on how to apply for the CAQ.
Custodian declaration (minors only). Minors who require a custodian must include the Custodianship Declaration form with their application.
Other documents. Other requirements may apply based on your country or region. You can check with the visa office for further instructions.

Step 4: Apply for Study Permit
You can complete your application for a study permit online or using a paper copy. Depending on where you apply (outside Canada, inside Canada or at a port of entry), there are different instructions on how to proceed. Instructions are on the Government of Canada website here.
To complete the application process, fill out the online or paper application, provide all documentation and pay your fees. Fees include application processing costs and a biometric fee. Biometrics includes your fingerprints and a digital photograph. Other fees may apply for a police certificate or medical exam based on your specific application.
You will get your study permit upon approval of your application.

08/19/2021

Canada remains on track to welcome 401,000 new permanent residents in 2021, according to Immigration Minister Marco Mendicino.

In a new interview with Reuters, the federal government revealed that Canada welcomed about 39,500 new immigrants in July, even more than the 35,700 admitted in June.

Under the Immigration Levels Plan 2021-2023, Canada is aiming to welcome 401,000 new immigrants each year beginning in 2021. Prior to the coronavirus pandemic this annual target was set at 341,000 newcomers.

Immigration, Refugees and Citizenship Canada (IRCC) is pursuing the most ambitious immigration plan in Canadian history as it seeks to welcome more newcomers to support Canada’s post-COVID economic recovery. All told, Canada has admitted some 184,000 newcomers so far this year.

The levels welcomed in July and June are higher than usual and are among the highest monthly totals in Canadian history. They are a reflection of Canada needing to play catch-up if it wants to achieve its target this year.

To achieve the target, IRCC will need to land an additional 217,000 newcomers in the remaining five months of 2021, which is an average of 43,400 per month.

Admitting this figure on a monthly basis to close 2021 will be difficult, but there is a chance it can be done. Before the pandemic, Canada welcomed an average of 25,000 to 35,000 new immigrants each month.

IRCC has several things going for it that makes it possible to achieve its levels goal or come close to it by the end of the year.

First, there are some 23,000 additional Confirmation of Permanent Residence (COPR) holders that can now move to Canada following the easing of travel restrictions on June 21st.

Moreover, anyone else newly approved for permanent residence can now move to Canada.

08/15/2021

Coming to Canada as a tech worker
All about Canadian immigration and work permit pathways for tech workers in 2021.


Tech workers have several options for immigrating to Canada.
Foreign nationals need a work permit to legally work in Canada. Some of these work permits are specifically tailored to tech workers. Although, tech workers can skip straight to applying for permanent residency without ever setting foot in Canada.

That being said, studies have shown that immigrants with Canadian work experience tend to have better labour market outcomes. They tend to make more money and are more likely to be employed in the first year after landing.
Without further ado, here are some Canadian work permit options for tech workers.

1. Global Talent Stream
A major temporary path is the Global Talent Stream. This route is designed to process 80 per cent of applications in two weeks or less. Employers use it to bring in high-skilled staff quickly. An employer who qualifies can be either Category A or B.
Category A is for companies that are growing very quickly and need specialized talent from abroad. A Category A employer must get approval from a referral partner. This is usually a local, governmental or semi-governmental agency that has as its mission a city or area’s economic development.
Category B is for employers who are looking for certain skilled workers that Canada has listed as being needed, but in short supply. The list is known as the Global Talent Occupations List. Canada’s most recent list contains twelve occupations. Each of them is in the technology field.
Employers must meet certain other requirements. For example, they must show that hiring the foreigner will create permanent benefits for Canada. Proving the new hire will create jobs for Canadians or transmit skills or knowledge to Canadians are ways to do this. The employer must also show they are paying the foreigner a certain minimum wage. This can vary between occupations and provinces.

2. CUSMA
This the Canada-United States-Mexico Agreement, which replaced NAFTA. It has provisions which facilitate talent mobility between the three countries. The two categories relevant to tech workers are Professionals and Intra-Company Transfers (ICT).
CUSMA identifies 63 occupations that qualify under the Professionals category. Computer systems analysts are among these occupations.
ICTs are employees that are moving locations within the company to a branch in Canada. There is no list of which occupations qualify or are excluded. Generally, an intra-company transferee is a person who has worked for the company for at least one year and has either management roles or special knowledge.

3. Intra-Company Transfer (non CUSMA)
It is possible to make an ICT from a country other than Mexico or the United States. For example, the free trade agreement between the European Union and Canada (CETA) has provisions for ICTs, as does the agreement with the U.K.
A worker coming to Canada through any ICT does not need a Labour Market Impact Assessment. The LMIA, as it is often abbreviated, is a process that shows that hiring a temporary worker will not replace any Canadian workers.

08/14/2021

This afternoon, we welcomed a flight of Afghan refugees to Canada. These refugees are part of the 20,000 vulnerable Afghans threatened by the Taliban and forced to flee Afghanistan that Canada will assist in resettling.

Contact us including how you can support the newly arriving refugees feel at home in your community

08/12/2021

The Canadian government is working with provinces, territories, and Indigenous communities to introduce a pan-Canadian proof of vaccination credential.

The federal government expects the credential to be available early this fall.
At a press conference yesterday afternoon, Immigration Minister Marco Mendicino noted that the purpose of the credential is to make it easier for those in Canada to travel and to do so safely.
The credential (informally referred to as a “vaccine passport”) will include the holder’s vaccine history, vaccine type, date of vaccination, location of vaccination, among other information. This credential will allow those in Canada to travel more easily. The credential will be available to Canadian citizens, permanent residents, and temporary residents.

Canada’s COVID-19 situation has improved significantly in recent months which has resulted in less restrictions for Canadians and foreign nationals alike.
At home, provinces across the country have loosened their social distancing and other lockdown measures as case levels have declined while vaccination rates have increased. The opening up of Canada’s society and economy has been resulting in a stronger recovery of jobs.
In recent days, Canada has been recording over 1,000 new COVID-19 cases per day. This is cause for concern, as the country saw its daily levels fall below 400 in July. At the same time, it represents an improvement compared with the over 9,000 daily cases Canada reported in April. The overall decline in cases coincides with the increase in vaccinations. Over 80 per cent of Canada’s 12-and-older population has received one vaccine dose while nearly 70 per cent have been fully vaccinated. As such, Mendicino noted in his remarks Canada has the highest vaccination rate among G20 nations.

Canada’s improved pandemic outlook is leading the media to believe that Prime Minister Justin Trudeau may call an election within the next week or so as he aims to obtain a new majority government.
Canada loosening travel restrictions
Canada has lifted most of its travel restrictions gradually, including through the easing of restrictions in late-June and earlier this week, with more restrictions to be lifted in September.
Generally speaking, approved immigrants, international students, temporary foreign workers, family members, and fully-vaccinated American tourists can now enter Canada.
In late June, Canada announced that all Confirmation of Permanent Residence (COPR) holders are eligible to complete their immigration landing as long as their COPR is valid.

08/11/2021

No work-permit? Canada welcomes some of you

Working in Canada requires a work permit; however one can work even without a Temporary...

08/11/2021

How to immigrate to Canada if you have past felony records.

Tourists must be mindful however that a previous criminal conviction can make them inadmissible to Canada. When you arrive to the border, a Canada Border Services Agency (CBSA) officer will compare your criminal offense to the Canadian legal equivalent. At the same time, Canada recognizes that individuals are capable of being rehabilitated. Hence, it provides options for such individuals to overcome their inadmissibility and be able to enter the country. The following is an overview of options you can pursue.

1. Temporary Resident Permit (TRP)
A Temporary Resident Permit (TRP) is available to those who are inadmissible and would like to visit Canada on a temporary basis. To successfully obtain a TRP you must provide a convincing reason to the department of Immigration, Refugees and Citizenship Canada (IRCC) on why the benefits of your visit outweigh potential risks. If your application is approved, you may receive a TRP that is valid for up to three years. U.S. citizens and permanent residents can submit a TRP application upon arrival to Canada or at a Canadian consulate for pre-approval. Everyone else can apply for a TRP at a Canadian consulate. The fee is $200 CAD.

2. Rehabilitation
Rehabilitation is another way to overcome inadmissibility in support of your visit to Canada. The two categories are individual rehabilitation and deemed rehabilitation.
Individual rehabilitation is available to you if it has been more than five years since the end of your sentence. The application cost is either $200 or $1,000, depending on the seriousness of your convictions. The major benefit of being approved for individual rehabilitation is that it lasts forever, unlike a TRP, which is time-limited. This means that if your individual rehabilitation application is approved, you no longer need to worry about criminal inadmissibility to Canada as long as you are never convicted again.
Deemed rehabilitation is available if you have been convicted of a less serious crime and it has been at least 10 years since you completed your conviction. In such instances, you are automatically deemed rehabilitated and can visit Canada. However, you may still want to obtain a legal opinion letter to demonstrate to the CBSA officer that you should be deemed admissible to Canada.
If you have been convicted of a more serious crime, you will need to apply for individual rehabilitation even if more than 10 years have passed since your conviction.

3. Legal Opinion Letter
Getting a Legal Opinion Letter is a third option. Such letters are prepared by lawyers and outline why a person with a conviction should be allowed entry to Canada. The lawyer can argue that you are deemed rehabilitated, your offense was isolated or not serious, or your crime or alleged crime does not have an equivalent under Canadian law. The letter can support your TRP or rehabilitation application.
No matter what your situation is, you are strongly encouraged to consult with Mackay Colleen Law Consultancy to ensure your visit to Canada is as seamless as possible.

Do you have any criminal history and plan on visiting Canada?

08/10/2021

Set to launch by September 2021, the Permanent Residence Online Application Portal will allow only authorized immigration representatives to submit permanent residence applications on behalf of the clients they represented online.

Learn more: https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/new-rep-pr-portal.html

08/09/2021

TORONTO — Arjan van Dam came to Canada in 2017 on a work permit with his wife and children to help his Dutch employer, a purveyor of agricultural equipment, set up shop.
He liked the country. In four years, the 33-year-old’s family grew — from two children to five, including twins born this year.
But Canada’s immigration system was not weighed in his favor. His age, lack of postsecondary education and average English-language skills meant that qualifying for permanent residency was a challenge, said his Toronto-based lawyer, Barbara Jo Caruso.
Until now.
Canada wants more immigrants — 401,000 this year, to be exact — and is not letting pandemic border controls get in the way. That means some new programs, including ones granting residency status to people already in the country and in jobs that might not have previously qualified.
Canada has long been a destination for economic immigration. But the retooling of its policies reflects wider shifts globally as countries reel with the fallout of a global pandemic that has deeply disrupted movement and migration.
From Chinese students who dreamed of studying in the United States to migrant workers in the Persian Gulf, pandemic border closures, flight bans and the scaling back of visa services have wrought unparalleled upheaval to the flow of workers, students and regular and irregular migrants across borders.
“Immigration fits very prominently into the plans that we have to accelerate our economic recovery,” Marco Mendicino, Canada’s immigration minister, told The Washington Post, “as well as continuing to strengthen Canada’s economy.
The overarching aim of these new initiatives and Canada’s increased immigration targets have been generally well received. Some analysts, however, have raised concerns, including about whether they could have been better designed, exclude too many vulnerable people or are feasible given processing times and backlogs.
Migration, in reverse: Out of money and fearing the virus, hundreds of thousands of foreign workers are flooding home
Before the pandemic, Canada’s population was growing at a rate not seen in decades, outpacing the other Group of Seven industrialized nations. International migration was the main reason, said Statistics Canada, accounting for 86 percent of population growth in 2019. That year, Canada accepted 341,175 permanent residents, up from 271,840 in 2015.
Then came the virus. In 2020, the number of permanent residents plunged by almost half to 184,595, far short of Prime Minister Justin Trudeau’s target of 341,000 and a potential headache for a country that has long relied on immigration to offset the impacts of low birthrates and an aging population on its labor force and public finances.

Population growth in the United States in the decade to 2020 slowed to the lowest rate since the Great Depression, according to data released in April by the U.S. Census Bureau, tied in part to decreased fertility rates and slowing immigration.
The United States — with nearly 10 times the population of Canada — granted permanent resident status to 707,362 people in 2020, down 31 percent from 1,031,765 in 2019, according to U.S. government data.
Since 2010, immigration has declined, driven by the economic crisis early in the decade and government restrictions under the Trump administration.
“Immigration is increasingly becoming the primary, if not the only, source of labor force growth” in Canada as the baby boomers retire, said Andrew Agopsowicz, a senior economist at the Royal Bank of Canada.

To make up the shortfall in 2021, the Canadian government in October announced even loftier immigration targets. It hopes to welcome 401,000 permanent residents in 2021, up from a previous goal of 351,000. That target would increase by 10,000 in 2022 and again in 2023.
Asylum seekers risk their lives to help Canada fight covid-19. Trudeau could upgrade their status.
Marian Campbell Jarvis, an assistant deputy minister of immigration, told a parliamentary committee in May that the government expected border restrictions would soon ease, allowing the country to admit permanent residents from abroad. But the pandemic’s grip tightened. So Canada had to get “creative,” Jarvis said.
Canada had already invited more than 27,000 people to apply for permanent residency under one stream of its “express entry” programfor the shortfall in 2021 immigrants with recent work experience in Canada — more than five times the previous record.

08/07/2021

The Government of Canada has always been committed to working with partners to improve the Employment Insurance program so that it continues to serve the evolving needs of workers, employers and the economy.

On August 5, Minister Qualtrough and commissioners from the Canada Employment Insurance Commission met with stakeholders to launch consultations on improving the EI program.