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The field of Permanent Residency Law in Ottawa largely falls under the federal jurisdiction of Canada and involves helping immigrants obtain their Permanent Resident card. As a permanent resident, individuals gain the privilege to live, work, or study anywhere in Canada; access most of the social benefits Canadian citizens receive, including health care coverage; and be protected under Canadian law and the Canadian Charter of Rights and Freedoms. However, PRs in Canada are not allowed to vote, run for political office, or hold jobs that require high-level security clearances.
Lawyers specializing in immigration and permanent residency laws can help simplify the complex PR process. Common scenarios where individuals may need a lawyer include when an applicant has had a criminal conviction, lived in Canada previously and left (or was ordered to leave), or has a job offer from a Canadian employer but is unsure of how to proceed. In addition, those who've applied on their own and were denied PR may need a lawyer to understand the reasons for refusal and reapply effectively.
The two main regulations are the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations, providing the legal basis for Canada's immigration laws. The most pertinent regulations involve: eligibility criteria for PR (requires legal status, ability to economically support oneself and family, etc.); applications and processing; maintaining PR status (requirement of physically being in Canada for at least 2 out of 5 years); loss of PR status due to severe crimes or misrepresentation in applications; and rights and obligations of a PR.
Eligibility requirements include being a skilled worker, possessing relevant experience in Canadian businesses, or having a valid nomination from a Canadian province or territory (through the Provincial Nominee Program).
Applicants first need to check their eligibility and then submit an application form with the necessary documents. The application is then reviewed and if approved, applicants need to submit their passports for visa stamping.
Common reasons include incomplete or incorrect applications, failure to demonstrate financial stability, or having a criminal record.
Yes, rejected applications can be appealed within a given timeframe. This is where having an experienced immigration lawyer can be particularly beneficial.
PR holders have the right to obtain social services, work, study, and travel anywhere in Canada, but must live in Canada for at least 2 years out of every 5 years to maintain PR status.
Government bodies relevant to the process include Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), and the Canadian Human Rights Commission. Organizations like The Immigration Consultants of Canada Regulatory Council and various immigrant-serving organizations in Ottawa can provide additional assistance.
If you need legal assistance, start by consulting with a lawyer or a legal immigrant service. It's important to choose a legal representative who is authorized by the Canadian government, such as a lawyer, paralegal or immigration consultant.
