Preliminary Immigration Assessment

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Who is Gregory James?

Gregory James has over 27 years of experience as a Canadian immigration lawyer including having been a senior manager at Canada’s Immigration and Refugee Board, president of the Refugee Lawyers Association, and a member of other related professional organizations.

Keeping informed

Canadian immigration policy and programs are constantly changing. Perhaps a change will be to the advantage of you or someone you know.

Would you like to receive, once or twice a month, our e-mail newsletter designed to keep you and those you know informed about Canada’s immigration programs? It is very simple and easy to unsubscribe.

I would like to receive this newsletter:

We also send a special bulletin when there is an important announcement from Canadian immigration authorities. Examples would include where a new immigration program is announced or an existing program is closed, permanently or temporarily. This happens approximately 6 times per year.

I would like to receive special e-mail Bulletins:

General Immigration Assessment Factors

Family members


Do you have a family member who is a Canadian citizen or permanent resident of Canada?
If so, what is their relationship to you?



The term “partner” includes a

  • Husband or wife (spouse)
  • Person you have lived with for at least 12 months in a marriage-like relationship (“common-law partner”).
  • Person you cannot live with for legal or practical reasons but with whom you have been in a serious relationship for at least 12 months (“conjugal partner”).
Canada recognizes marriages, common law partnerships, and conjugal relationships where the two partners are in a homosexual or heterosexual relationship.

Canada recognizes only one marriage or partnership at a time. Therefore a partnership will only be recognized if
  • Neither partner has previously been in a partnership OR
  • Every previous partnership has been ended either by divorce or separation or death.

Do you have a “partner” who is a Canadian citizen or a permanent resident of Canada?
If you are married to a person other than your partner, when did your separate from your husband or wife?
If you were previously in a common law or conjugal relationship, when did that relationship end?

Children

The term “child” includes adopted children and children born into the family. Are you a Canadian citizen or permanent resident who would like to sponsor your child to come to Canada?
If so, how old is the child

Business Categories

If you are considering an application in a business category please answer these questions:

Note: (“net worth” is your total assets, minus your total debts - in other words what you own, minus what you owe.)

1. What is your “personal net worth” in Canadian dollars?
2. Do you have experience managing or operating a business?
3. Do you have experience owning a business?

Student Categories

Putting students on the path to permanent residence

Foreign students who have graduated from a post-secondary school (colleges, institute of technology, and universities) are normally eligible for full time work permits and, after earning Canadian work experience are usually able to apply for permanent residence on that basis.

If you have been or you are a student at a Canadian college or university please answer these questions:

1. What is the highest level of education you have completed in ANY country?
      a. High school diploma
      b. College diploma
      c. Institute of Technology
      d. Bachelor’s degree
      e. Master’s Degree
      f. PhD
      g. Medical Doctor
2. What is the highest level of education you have completed in CANADA?
      a. High school diploma
      b. College diploma
      c. Institute of Technology
      d. Bachelor’s degree
      e. Master’s Degree
      f. PhD
      g. Medical Doctor

International Students, please note that your work experience in Canada may be relevant. Please be sure to complete the work categories section below.

Work Categories

If you wish to apply based upon your work experience please confirm whether or not you have at least one year of work experience in a job considered to be management, professional or one of the skilled trades.

If you have Canadian work experience in the last ten years, please tell us the job duties (Employer’s name is not important at this stage,)
If this question is irrelevant in your case please enter “N/A”

From when to when did you work for that employer?
[year-month: i.e. 2013-02 to 2014-12]
Your job duties are/were:

If you worked in Canada or in any other country, please advise:


4. Regardless of your actual job title, in the last ten years have you performed the work duties of a

a) Senior manager?
b) Professional?
c) Skilled tradesperson?

Job Offer

If there is a Canadian employer who wants to offer you a job in Canada, please answer these questions:

What is the job title?
1. How many months of experience do you have in that job in the last 10 years?
2. What is the longest uninterrupted period of time you have worked in that job in the last 10 years?
3. In what Canadian province or territory is this job based?

Refugee claims

Refugees: Canada applies the United Nations definition of refugee (“Convention refugee”) and offers protection to many persons whose circumstances meet this technical definition. However, Canada accepts only a minority of people who apply for refugee status, and has quotas and procedures in place to manage how many claims will even be considered each year. Moreover, making a refugee claim can harm the chances of being accepted in other categories. Those who fear serious harm in their own country should check to see if they might qualify in any other immigration categories as well. Every refugee case is unique and so it is dangerous to make general statements about refugee cases.

Of course, if you feel that you are in a situation where there is serious danger you should take steps to find safety and protection. If you want to do that by applying to the Canadian government for refugee protection then you can do so either at a Canadian visa office or in Canada (if you are in Canada).

Some of the most common reasons for refusal of refugee applications are

  • the incredibility of important parts of the claimant’s story ,
  • that the kind of harm faced by the claimant is not serious enough,
  • that the chance of the claimant being seriously harmed in the home country is not serious enough,
  • that it appears that the claimant’s home government is able and willing to provide adequate protection,
  • that the refugee claimant has been involved in the commission of serious crimes or human rights abuses, and
  • that the claimant has the right to go to some other country (i.e. citizenship in another country).

If you would like to consider asking the Canadian government to provide refugee protection (refugee status) please provide a brief description why you believe your case should be given special treatment:

Humanitarian and Compassionate cases

Canada prides itself on being a humanitarian country, and allows its immigration and visa officials to exempt someone from the technical rules where there are sufficient humanitarian and compassionate reasons for giving the applicant special treatment.

However, because the term “humanitarian and compassionate” is not strictly defined it can be difficult for counsel to predict if an application will be approved or not. Therefore, most often other kinds of applications should be considered first.

If you would like to consider pursuing a Humanitarian and Compassionate application, please provide a brief description why you believe your case should be given special treatment:

General

Please advise what province(s) or territory(s) you would prefer to live and work in:

Any province or territory
1. Ontario
2. Quebec
3. British Columbia
4. Alberta
5. Manitoba
6. Saskatchewan
7. Nova Scotia
8. Newfoundland
9. New Brunswick
10. Prince Edward Island
11. Yukon Territory
12. North West Territory
13. Nunavut Territory



Conclusion

Thank you for your interest in this firm.

It has been a pleasure to have been of service to you.

Gregory James

Gregory James Immigration and Real Estate Law Firm

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Call 416.538.1301