Eligibility Requirements for Spouse Open Work Permits: New Updates

by Immilaw Team | Mar 25, 2024 | Canada Immigration

The Spousal Open Work Permit (SOWP) program offers a lifeline to spouses, common-law partners, and conjugal partners of Canadian citizens or Permanent Residents during the lengthy process of sponsorship for permanent residence. This initiative allows them to secure employment with any employer in Canada, ensuring financial stability while their immigration application progresses.

Effective January 22, 2024, IRCC has made changes to the eligibility for Spousal Open Work Permits (SOWP) for spouses of international students in Canada. Notably, spouses of international students enrolled in undergraduate and college programs are no longer eligible for SOWPs.

Immigration Minister Marc Miller mentioned during a comment to the Standing Committee on Citizenship and Immigration (CIMM) on February 28 that he was restricting SOWPs to the partners and spouses of master’s and PhD students. He explained that this measure aimed to address volume and integrity challenges in an area believed to be exploited and not necessarily legitimate.

That means from March 19 onwards, only spouses of international students studying for a master’s or doctoral degree in Canada are eligible for SOWPs.

Exceptions to SOWP Eligibility for Undergraduate Students

While recent changes in SOWP eligibility affect partners of undergraduate students, certain exceptions exist for spouses enrolled in specific professional degree programs at Canadian universities. These exceptions offer opportunities for spouses to apply for SOWPs despite the broader limitations.

Spouses of undergraduate students enrolled in the following professional degree programs at a university can still apply for a SOWP:

Bachelor programs

• Bachelor of Law or Juris Doctor (LLB, JD, BCL)
• Pharmacy (PharmD, BS, BSc, BPharm)
• Bachelor of Science in Nursing (BScN, BSN, BNSc)
• Bachelor of Education (B. Ed.)
• Bachelor of Engineering (B. Eng., BE, BASc)

Doctoral programs

• Doctor of Dental Surgery (DDS, DMD)
• Doctor of Medicine (MD)
• Doctor of Optometry (OD)
• Doctor of Veterinary Medicine (DVM)

Document Requirements for SOWP Applications

When spouses and partners apply for a SOWP, providing the necessary documentation is crucial to demonstrate the relationship and enrollment status of the student.

Spouses and partners seeking a SOWP must furnish documentation confirming their relationship with the student and evidence of their enrollment in a degree-granting program. IRCC accepts the following documents as proof:

1. Valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI)
2. Proof of enrollment letter issued by the spouse or partner’s DLI
3. Academic transcripts from the spouse or partner’s ongoing program

IRCC requires these documents to ensure transparency and compliance with Canadian immigration regulations.

Eligibility for Prior Applicants Unchanged

According to IRCC, those who submitted a SOWP application before March 19 remain eligible, provided their partner meets these requirements.

1. Holds a valid study permit
2. Qualifies for a post-graduation work permit (PGWP).
3. Is enrolled full-time at one of the following types of educational institutions.

• Public post-secondary schools (e.g., colleges, universities, or CEGEP in Quebec)
• Private college-level schools in Quebec.
• Canadian private schools that are authorized to confer degrees under provincial law (e.g., bachelor’s, master’s, or doctoral degrees).

Exploring Other Options Beyond SOWP

As SOWP eligibility criteria undergo revisions, individuals explore alternative options to maintain their status and work opportunities in Canada. Understanding these alternatives is crucial for spouses and partners of international students navigating the evolving immigration landscape.

Amidst changes to SOWP eligibility, spouses and partners of international students can consider several alternative pathways. These may include applying for different types of Work permits or opting for a Visitor Visa (TRV). However, it is essential to note that individuals entering Canada on a visitor visa are not authorized to engage in employment.

As a closing remark, SOWP is vital in fostering economic stability and family unity within Canada’s immigration framework. A SOWP permits holders to work for nearly any employer in Canada, aligning with IRCC’s objective of facilitating family reunification.

ImmiLaw Immigration Law Professional Corporation, with a team of highly proficient immigration lawyers, aids with diverse immigration needs, including spouse visa applications. Connect with us to guide you through the intricacies of the spousal sponsorship process and to bring your partner to Canada to embark on a brighter future in Canada.

Feel free to contact us.

Read To Know: The Importance of an Immigration Lawyer in Spousal Sponsorship

Benefits of Hiring an Immigration Lawyer in Canada

by Immilaw Team | Mar 14, 2024 | Canada Immigration

Why is it helpful to have an immigration lawyer?

Immigration lawyers offer expertise in various immigration matters, including visa acquisition, citizenship applications, green card processes, deportation defence, family-based immigration, immigrant visas, and understanding legal rights. They can also assist in preparing paperwork and representing clients in court, ultimately saving time and money.

Can we apply for Canadian permanent residency without hiring a lawyer?

No strict rule says you must hire a lawyer to succeed in your application. Many individuals have applied independently and achieved success in their endeavours. However, it is essential to note that while some succeed alone, others face unnecessary delays or challenges that may fail. The application process for Canadian PR involves understanding intricate legal requirements, documentation, and adherence to specific guidelines. A lawyer experienced in immigration law can navigate this complexity effectively.

How does hiring a lawyer differ from hiring a licensed consultant in Canada?

Consultants typically provide advice, while lawyers, also known as attorneys, barristers, or solicitors, are authorized to perform various legal functions such as drafting legal documents, interpreting laws, providing legal advice, and representing clients in court.

Lawyers undergo rigorous training, including obtaining a Bachelor of Law degree from a recognized university, passing law admission examinations, and completing training under practising lawyers. Their conduct is regulated by the Professional Order of Lawyers (POL), ensuring adherence to ethical standards and rules governing their practice. POL rules cover client fees, obligations towards clients, and mandates, and violations can lead to the loss or suspension of a lawyer’s license. Clients dissatisfied with a lawyer’s services can file a formal complaint with the POL, which may provide compensation for any irregularities.

Immigration consultants, while licensed, have a less rigorous admission process compared to lawyers. They are authorized to provide advice on immigration matters but do not have the exact educational requirements or stringent scrutiny as lawyers. Immigration consultants must be members of specific bodies, such as provincial or territorial law societies, the Chambre des notariés du Québec, or the College of Immigration and Citizenship Consultants (CICC), to charge a fee for providing immigration advice.

Immigration lawyers usually have more extensive legal education and follow stricter professional rules. If clients are unhappy with their lawyer, they have official ways to complain and get help if something goes wrong. This kind of support might be weaker with consultants.

Do Canadian immigration consultants have genuine connections for aiding the immigration process?

This may not be true. Canada operates as a democracy where the government, legislature, and judiciary function independently. Ministers are accountable to Parliament, and the government enforces laws based on the authority granted by the legislature. Applying these laws requires discretion, and a core principle is that officials make decisions impartially and without external influence.
If authorities find bias in public officials, they can penalize them. Moreover, private individuals can face consequences for merely asserting that they can influence public officials. To prevent potential complications, beware of individuals claiming government affiliations.

What advantages does hiring a lawyer offer for individuals seeking to immigrate to Canada?

Hiring a lawyer can significantly benefit individuals planning to immigrate to Canada. Firstly, immigration officers possess a considerable amount of discretion when assessing applications. A lawyer is skilled at creating applications highlighting important details, making the processing faster. In categories like the Skilled Worker Category, lawyers can identify and highlight experiences that significantly boost a candidate’s scoring, even without a formal job offer.

Similarly, in various business categories that require managerial experience, lawyers possess the skills to effectively present a diverse range of administrative experiences and understand the different interpretations surrounding this requirement. Another advantage of legal representation is a lawyer’s vigilant approach to the changing immigration laws. They stay updated on these changes, ensuring applicants address all critical requirements. Moreover, experienced immigration lawyers can solve assessment issues without resorting to legal action, ultimately saving both time and effort for the applicant.

Furthermore, lawyers provide crucial guidance after obtaining residency, ensuring a smoother family transition. This showcases the lawyer’s expertise throughout the entire immigration journey.

What factors should we consider when selecting an immigration lawyer in Canada?

Most prominent law firms in Canada do not specialize in immigration services. Instead, this field is generally managed by independent practising lawyers.

Choosing the right lawyer for Canadian immigration involves several considerations:

1. Referrals and Recommendations

Seek advice from satisfied clients with positive experiences. Refer to friends and relatives regarding a specific lawyer.

2. Specialized Expertise

Look for lawyers with extensive (over ten years full-time) experience in Canadian immigration law for better adaptability to policy changes. They will be vigilant about changing Canadian immigration policies.

3. Professional Experience

Consider a lawyer’s professional background, acknowledging that experience is essential, although it may not always imply expertise.

4. Detailed Contracts

Ensure the lawyer gives you a detailed written contract, as mandated by Professional Orders.

5. Secure Payments

Pay the lawyer or law firm through a “trust” account as mandated by Professional Orders, ensuring compliance with current rules. Applicants must be careful about paying any corporate entity, regardless of the receiver.

6. Initial Assessment Services

A lawyer should provide a detailed written outline of the application process. Seek lawyers who offer a thorough overview of the process free of charge.

7. Caution with Advertising and Web Content

Lawyers typically have websites and active social media networks to advertise their services. Seek lawyers who regularly create detailed and analytical content on their sites. Avoid law firms with outdated pages or minimal information replicated from government sources. A lawyer’s expertise will be reflected in their website content. Additionally, some lawyers offer free assessments, providing an initial view of your likelihood of success.

8. Publication Samples

Experienced immigration lawyers often contribute articles to industry publications. It’s wise to ask for samples of their published articles.

9. Canadian Bar Association Affiliation

Many Canadian lawyers are members of the Canadian Bar Association (CBA), which includes an immigration section with provincial representatives. Accomplished lawyers holding executive positions in the CBA often engage with IRCC, signalling their updated knowledge in the field.

10. Verification of Professional Order Registration

Confirm the lawyer’s registration with a Professional Order, understanding that registration alone doesn’t guarantee expertise.

11. Direct Communication and Assessment

Interact directly with the lawyer to assess their professionalism, quality of service, and understanding of your case. This interaction offers immediate cues about their service level, dedication, and knowledge. A competent lawyer should clearly understand your situation.

Does the location in Canada impact the selection of an immigration lawyer?

The choice of location within Canada generally does not impact the selection of an immigration lawyer, except for Quebec. While immigration law is primarily federal, provinces have some involvement. However, in Quebec, immigration is managed independently through the 1991 Canada-Quebec Accord. Only authorized individuals, such as members of Barreau du Québec or Chambre des notaires du Québec, and registered immigration consultants can represent individuals before Quebec’s Ministry of Immigration.

Why is it important to maintain regular communication with your Immigration Lawyer?

It is crucial to keep in touch with your Immigration Lawyer to stay informed about the latest developments in your case and ensure you receive the best possible legal representation. Failure to contact your lawyer may prevent them from representing you effectively and could even lead to their withdrawal from your case.

What common mistakes do people often make when applying for a visa or immigration, and how can we avoid them?

People frequently forget to submit all the necessary forms and paperwork, leading to potential delays or rejection of their application. To prevent this, it is essential to ensure that all required forms and paperwork are submitted, which can help expedite the process.

What is the most common mistake in seeking immigration legal assistance?

The most common mistake is not hiring a lawyer experienced in their specific type of case. This error can lead to problems because an inexperienced lawyer may not be familiar with the law and, thus, be unable to provide adequate assistance. Additionally, inexperienced lawyers may offer unsound legal advice, potentially resulting in financial losses.

How can an immigration lawyer improve the success of a visa application?

• A lawyer can mitigate errors in the application process, potentially saving applicants from incurring reapplication fees due to mistakes.
• Immigration laws frequently change, but lawyers stay updated and ensure applications align with the latest regulations, reducing the risk of rejection due to outdated information.
• Lawyers have experience presenting cases effectively, compiling evidence, and framing applications to meet immigration officials’ criteria, increasing the likelihood of approval.
• Applicants represented by lawyers typically have higher approval rates, reflecting lawyers’ expertise in preparing applications and presenting cases.
• A competent immigration lawyer enhances the chances of a successful application and streamlines the process.

In conclusion, hiring an immigration lawyer in Canada can significantly enhance your chances of success in navigating the complex immigration process. However, it is crucial to avoid common pitfalls when selecting your legal representative. Choose wisely to maximize your chances of achieving your immigration goals and securing a smooth transition to life in Canada.

If you have any concerns or need assistance, do not hesitate to contact us at ImmiLaw Immigration. Our team of proficient immigration lawyers is dedicated to easing your migration journey.

Feel free to contact us.

Read To Know: Inadmissible Offences: Crimes That Bar Entry to Canada

Inadmissible Offences: Crimes That Bar Entry to Canada

by Immilaw Team | Feb 28, 2024 | Canada Immigration

Canada is renowned for its commitment to safety and security and upholds stringent regulations to protect its citizens and residents. In Canadian immigration law, criminal inadmissibility is crucial in determining whether foreign nationals are eligible for entry into the country. A vital aspect of this effort is to prohibit the entry of individuals whose actions or associations endanger the core values and welfare of the nation.

Under Canada’s immigration law, individuals can be considered criminally inadmissible if they have committed various offenses, from minor infractions to serious crimes. This broad spectrum includes activities that endanger public safety or national security or violate fundamental principles of justice.

Within the Canadian legal framework, offenses are categorically classified into three distinct categories: summary, indictable, or hybrid. Each classification carries its specific legal consequences, reflecting varying degrees of severity and corresponding penalties.

Serious Offences Leading to Criminal Inadmissibility in Canada

• Driving while intoxicated by drugs or alcohol

Driving under the influence of alcohol or drugs is a severe offense in Canadian immigration law because it puts public safety at risk. Whether minor or major, people must understand the consequences of their actions. A conviction for such transgressions could result in individuals being denied entry into Canada.

• Being involved in organised crime

Participation in organised criminal activities, such as affiliation with a group engaged in offenses like human trafficking or money laundering, renders individuals ineligible for entry into Canada. Additionally, offenses including theft, burglary, arson, counterfeiting, unlawful infliction of bodily harm, negligent infliction of bodily harm, intentional discharge of a firearm causing injury, and motor vehicle offenses resulting in fatalities are among the prohibited activities that may result in inadmissibility.

• Engaging in espionage, subversion, terrorism

Grave offenses, such as participating in espionage, engaging in subversion (actions aimed at undermining or overthrowing a government), committing acts of violence or terrorism, or associating with organisations implicated in human or international rights violations, war crimes, or crimes against humanity, are grounds for criminal inadmissibility in Canada. Furthermore, holding a senior position within a government involved in severe human rights violations or subject to international sanctions warrants denial of entry into the country.

Understanding Offence Classification in the Canadian Judicial System

Within the Canadian legal framework, offenses are categorically classified into three distinct categories: summary, indictable, or hybrid. Each classification carries its distinct legal consequences, reflecting varying degrees of severity and corresponding penalties.

Straight summary offenses are regarded as the least serious, both in terms of the nature of the crime and the associated penalty. Straight indictable offenses involve more severe crimes with correspondingly harsher sentences. Hybrid offenses allow the prosecutor to choose between summary or indictment proceedings based on the seriousness of the accused’s actions.

Moreover, it is crucial to understand that individuals can be deemed criminally inadmissible to Canada even if they have not committed a crime within the country. Immigration and border officers assess the Canadian equivalent of any criminal offense committed abroad to determine an individual’s admissibility to Canada.

Indictable Offense and Criminal Inadmissibility in Canada

Engaging in indictable offenses inevitably leads to criminal inadmissibility to Canada. Individuals must be aware of the severe consequences associated with engaging in indictable offenses, as they can have long-lasting effects on their ability to travel to and reside in Canada. Let us consider examples of offenses that fall under this category:

• Intentionally discharging a firearm with the aim to wound
• Arson
• Burglary
• Motor vehicle offences culminating in fatality
• Inflicting bodily harm unlawfully
• Criminal negligence resulting in bodily harm
• Theft exceeding CAD 5,000
• Forgery

Hybrid Offences and Criminal Inadmissibility in Canada

Hybrid offenses, when evaluating the offense of a foreign national, are considered indictable by border or immigration officers. These offenses possess characteristics that allow the prosecutor to choose between summary or indictment proceedings based on the gravity of the accused’s actions. Examples of hybrid offenses that could result in criminal inadmissibility to Canada include:

• Driving under the influence (DUI)
• Driving while impaired (DWI)
• Simple assault
• Reckless driving

It is essential to note that charges of driving under the influence often result in criminal inadmissibility for foreign nationals seeking entry into Canada. Regardless of whether the DUI conviction occurred years ago, its presence can significantly impact one’s eligibility to enter the country. Nevertheless, individuals with a DUI conviction still have alternative options available to them for visiting Canada.

Strategies for Overcoming Criminal Inadmissibility

For individuals grappling with criminal inadmissibility, considerations revolve around factors such as the timing, location, and gravity of the offense. If the crime was outside Canada, rehabilitation is necessary for admissibility. You may qualify for rehabilitation after five years post-sentence or automatically after ten years. In driving-related cases, the five-year rehabilitation period starts after your driving prohibition ends if your license is revoked. Understanding these options is crucial for those seeking to overcome criminal inadmissibility and enter Canada.

Additionally, seeking legal counsel to navigate the complexities of the immigration process can provide valuable guidance and assistance in presenting a compelling case for admissibility. Moreover, showing genuine remorse and actively engaging in rehabilitation efforts can enhance one’s likelihood of overcoming criminal inadmissibility and entering Canada.

If you have concerns regarding inadmissibility or are uncertain whether your criminal record will render you ineligible for entry into Canada, we encourage you to reach out to us. ImmiLaw Immigration boasts an expert team featuring Canadian immigration lawyers with extensive expertise and experience. Contact us for guidance on your admissibility status and strategies for overcoming any charges.

Feel free to contact us for your queries.

Read To Know: All You Need To Know About LMIA For Canada

The Importance of an Immigration Lawyer in Spousal Sponsorship

by Immilaw Team | Feb 27, 2024 | Canada Immigration

Are you considering bringing your partner to Canada? It is undoubtedly an important decision, yet it can also seem like a daunting task. The process involves navigating many rules, paperwork, and requirements, which can quickly become overwhelming.

If you find yourself feeling lost or confused about how to proceed, consider seeking the assistance of a spousal sponsorship lawyer. These immigration lawyers specialise in guiding individuals through the complexities of the immigration process, particularly when it comes to sponsoring a partner.

With the help of a spousal sponsorship lawyer, you can streamline the process and ensure that everything is handled correctly.

Why Legal Help Matters?

A skilled spousal sponsorship lawyer helps navigate the complexities of immigration laws, paperwork, and procedural hurdles. They can provide:

• Invaluable guidance on gathering the necessary documents
• Address any challenges that may arise along the way
• Ensure proper completion of applications
• Adherence to timelines
• Address any obstacles that may occur during the sponsorship process.

Understanding the entire process is crucial for those wanting to bring their spouse or partner to Canada. Therefore, having access to expert legal guidance becomes essential, as the immigration process involves dealing with complex legal details and following strict rules.

Beyond paperwork, the role of the Immigration Lawyer

Entrusting a capable spousal sponsorship lawyer is pivotal in guiding you through the process. Beyond paperwork, a proficient immigration lawyer anticipates challenges, provides strategic advice, and represents your interests in dealings with immigration authorities. Ultimately, they become essential in achieving a successful application, minimising stress, and enhancing the prospects of a favorable outcome for your spouse or common-law partner’s immigration journey.

Advantages of a Lawyer or an Attorney in Spousal Sponsorship

1. Impact of Legal Representation

Opting for legal representation in your spousal sponsorship application yields multiple advantages. Immigration lawyers possess intricate knowledge of immigration laws, guaranteeing compliance and adaptation to regulatory shifts. Furthermore, they discern visa officers’ criteria, enhancing your application’s alignment and approval prospects.

2. Proficiency in Immigration Law

Immigration laws change frequently and are pretty complex. Trying to navigate them alone can be challenging and might lead to mistakes in your application. That’s where immigration lawyers step in. They’re experts in immigration laws and policies, ensuring your spousal sponsorship application proceeds smoothly and accurately.

3. Simplify the Spousal Sponsorship Processes

Lawyers assist in completing intricate paperwork and navigating complex procedures, minimising errors, and ensuring timely submission. They also guide the various processes for sponsoring a spouse, common-law partner, or conjugal partner, ensuring each application meets immigration authorities’ criteria. Their attention to detail minimises the risk of errors that could hinder your sponsorship.

4. Enhance Success Rate

Hiring an immigration lawyer significantly enhances your chances of success. They utilise strategic approaches tailored to your situation to overcome obstacles and strengthen your case. From navigating evidentiary requirements to addressing admissibility concerns and advocating on your behalf, an experienced immigration lawyer can strategise effectively to maximise your application’s chances of success, enhancing your approval prospects.

Selecting the Right Immigration Lawyer

Choosing an immigration lawyer for your spousal sponsorship application requires careful consideration. Whether sponsoring a spouse or common-law partner, having the expertise and guidance of a qualified immigration lawyer as a Canadian citizen or permanent resident can significantly impact your journey.

Let us explore some key factors when choosing the right immigration lawyer:

Experience: Ensure the lawyer has ample experience in immigration law, particularly in spousal sponsorship cases, to guarantee expertise in navigating complex regulations and procedures.

Track Record: Verify the lawyer’s successful handling of spousal sponsorship applications similar to yours, indicating their ability to achieve favourable outcomes.

Success Rate: Inquire about their approval rate for spousal sponsorship applications, demonstrating their effectiveness in representing clients and securing approvals.

References: Request references from past clients that can offer valuable insight into the lawyer’s reputation, professionalism, and ability to deliver results.

Approach: Understand the lawyer’s strategy for addressing potential obstacles and maximising success in your case, ensuring alignment with your needs and goals.

Fees: Clarify the lawyer’s fee structure, including any additional costs, for financial planning and budgeting transparency.

Hence, opting for an immigration lawyer for your spousal sponsorship application is a wise decision for your relationship’s future. Entrusting your spousal sponsorship application to an immigration lawyer enhances the chances of a successful outcome and ensures a smoother and more efficient process. Selecting the right lawyer for your spousal sponsorship application is pivotal in shaping the outcome of your case. Their expertise, strategic approach, and unwavering dedication pave the way for reuniting you with your loved one in Canada.

ImmiLaw Immigration Law Professional Corporation, with a team of highly proficient immigration lawyers, aids with diverse immigration needs, including spouse visa applications. Connect with us to guide you through the intricacies of the spousal sponsorship process and bring your partner to Canada for a brighter future.

Feel free to contact us for your queries.

Read To Know: Work in Canada Without LMIA

Saskatchewan Immigrant Nominee Program (SINP): Things to Know

by Immilaw Team | Feb 22, 2024 | Canada Immigration

Saskatchewan is a place of natural wonders and diverse cultures. Its stunning landscapes, lively culture, and welcoming locals make it an attractive destination for everyone.

Saskatchewan welcomes nearly 10 percent of its residents from nations like the Philippines, China, India, Pakistan, and Bangladesh. Its charm lies in a cozy, small-town ambiance, with Regina, the capital, housing around 230,000 people, while Saskatoon serves as the other primary urban hub. The province’s economic vitality is rooted in key sectors such as agriculture, mining, manufacturing, food processing, energy, and life sciences.

Newcomers seeking settlement in Canada often explore the Provincial Nominee Program (PNP) as a pathway. Each PNP program sets its criteria based on the province’s economic requirements. To settle in Saskatchewan, newcomers can pursue residency by applying through the Saskatchewan Immigrant Nominee Program.

What is Saskatchewan Immigrant Nominee Program?

The Saskatchewan Immigrant Nominee Program (SINP) offers different pathways to Canadian immigration. It invites non-Canadians to apply for residency in Saskatchewan and nominates successful applicants for permanent residency with the federal government in Canada.

SINP aims to streamline immigration for skilled workers, entrepreneurs, farmers, and students eager to contribute to Saskatchewan’s economy. Newcomers can apply for PR under four primary categories SINP offers. They are:

1. International Skilled Worker: Designed for skilled foreign workers aspiring to work and settle in Saskatchewan.
2. Work Experience: Intended for foreign workers with at least six months of valid work experience in Saskatchewan.
3. Entrepreneur category: Targets foreign individuals aspiring to acquire or partner in a business within Saskatchewan while residing in the province.
4. Farm Owner and Operator category: Tailored for experienced farmers seeking ownership of farms in Saskatchewan.

International Skilled Worker Program

1. Employment Offer

This category is for those skilled foreign workers with a job offer in Saskatchewan. The mandatory requirements include the following:

• Achieve at least 60 points on the SINP point assessment grid.
• Possess an offer for a permanent, full-time job in the NOC TEER 0, 1, 2, 3 or a designated trade.
• Have at least one year’s work experience in the intended occupation in the past ten years.
• Be eligible (if applicable) for a Saskatchewan license
• Language Benchmark (CLB): A minimum of 4 in French or English.

2. Occupation In-Demand

For skilled foreign workers without a job offer in Saskatchewan, mandatory requirements include the following:

• Achieve at least 60 points on the SINP point assessment grid.
• Completed post-secondary education/training/apprenticeship degree/ diploma.
• Work experience in a highly skilled job not on the excluded occupation list.
• Minimum one year of full-time work experience in a skilled occupation in the past ten years.
• Occupation must be In-demand in Saskatchewan.
• Language Benchmark (CLB) minimum of 4 in French or English.
• Live outside Canada or proof of legal status.
• Proof of settlement funds and a settlement plan.

3. Saskatchewan Express Entry

This category is for qualified candidates from the IRCC Express Entry system. The mandatory requirements include the following:

• Valid EE profile in the IRCC Express Entry system with a job seeker code.
• Achieve at least 60 points on the SINP point assessment grid.
• Language test results meeting EE language requirements.
• Post-secondary education or training equivalent to at least one year of Canadian education.
• Must earn diploma/certificate/ degree.
• Experience in a job not on the Excluded Occupation List.
• Skilled professionals: at least one year of work experience in the past ten years.
• Skilled tradespeople: at least two years of work experience in a trade in the past five years.
• Both must have one year of work experience in Canada in the past three years.
• Work experience in the field of post-secondary education or training.
• Proof of professional status and eligibility for licensure.
• Proof of settlement funds and a settlement plan.

Note: You may refer to the latest program guidelines.

Worker with Saskatchewan Work Experience

Under this category falls the student stream sub-category. This is for international students who have completed their studies at a recognized post-secondary institution in Canada and aspire to reside and work in Saskatchewan.

To become eligible, you must:

• Graduate from a program equivalent to at least one academic year of full-time study
• Provide documents related to certificate, diploma, or degree program.
• At least six months (or 780 hours) of paid job in Saskatchewan related to your field of study on a PGWP
• Receive a full-time job offer in your field of study from an approved employer in an occupation in NOC TEER 0, 1, 2, or 3 or in a designated trade.
• Possess a valid SINP Job Approval Letter.
• If the job offer falls under the NOC TEER 4 occupation, a CLB of 4 or higher in French or English is required.

Entrepreneur Program

1. International Graduate Entrepreneur

For EOI applicants and international students graduating from a Saskatchewan institution aspiring to become entrepreneurs, they must

• Be at least 21 years old.
• Complete a full-time post-secondary degree/diploma in a Saskatchewan institution for at least two years.
• Hold a valid PGWP with at least 24 months remaining.
• Reside in Saskatchewan during the academic program.
• Minimum CLB Level of 7.

Once you receive an invitation and SINP approval, applicants must:

• Live in Saskatchewan and actively own and operate a business for at least one year before applying.
• Own at least 33% of the business and participate in day-to-day management.
• Prove the business generates the minimum required revenue for one year.
• Sign a Business Performance Agreement (BPA) post-application approval.

2. SINP Entrepreneur Program

For foreign national entrepreneurs desiring to live in Saskatchewan and establish, own, or partner in a business, they must:

• Meet the criteria of the EOI candidate pool and complete the Points Assessment Grid.
• Possess a minimum of CAD 500,000 in Net Business and Personal Assets.
• Hold at least three years of relevant business management or entrepreneurial experience in the past ten years.
• Plan on investing a minimum of CAD 300,000 in Regina or Saskatoon or a minimum of CAD 200,000 in other communities.

Once you are invited to apply, applicants must submit a Business Establishment Plan (BEP) including:

• Plan to establish a business aligning with the Entrepreneur Category Points Grid.
• Ownership of at least one-third of the business’s equity in Saskatchewan unless the investment is CAD 1,000,000 or higher
• Commit to day-to-day management.
• Create two job opportunities in Saskatchewan for Canadians or PRs who are not relatives.

How to Apply for SINP?

1. Confirm Eligibility

Ensure you meet the mandatory requirements for your chosen sub-category. Incomplete applications will be closed, necessitating reapplication.

2. Saskatchewan Express Entry (if applicable)

Submit an online profile through IRCC and meet any prerequisites for federal programs – Federal Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience Class.

Upon receiving the Saskatchewan Immigrant Nominee Program (SINP) nomination, you will get an EE profile number and Job Seeker validation code. You may take up to 30 days to accept the nomination. Once received, IRCC will invite you to apply for PR within 60 days.

3. Create an account and Apply

• Create an account on SINP Apply Online.
• Complete various sections of the online application.
• Scan and upload all forms and necessary documents in PDF format, retaining originals.
• After submission, expect a confirmation email from SINP acknowledging receipt.
• Note: EOI-invited applicants can log in using their existing EOI profile account. For applicants with job offers, create a new account.

4. Specifically for Entrepreneur Category applicants

• Submit an EOI to the SINP as a way to begin.
• Following the assessment, your EOI Point Assessment will be confirmed. A Business Immigration Officer will contact you for an interview.
• If you meet the criteria, anticipate a final interview conducted in person or through video conferencing.
• Review and sign the provided Business Performance Agreement (BPA).

5. Specifically for the International Graduate Entrepreneur Category applicants

• Submit an EOI to the SINP.
• High-scoring candidates will receive invitations to apply.
• Those with a valid post-graduate work permit (PGWP) must actively operate their proposed business.
• Eligible applicants can apply for PR nomination upon fulfilling the Business Performance Agreement (BPA) conditions.

6. Farm Owner and Operator Applicants

• Complete all documents listed in the SINP Farm Category Application Document Checklist.
• Submit a Skilled Worker Application, and SINP will issue a Letter of Receipt and file number.
• Email the financial report to saskentrepreneur@gov.sk.ca.
• If your application is complete, expect an Acceptance of Application and a Request for Processing Fee letter.
• Pay the application processing fee, and SINP will evaluate your application and possibly request an interview.
• Upon selection, receive a Nomination Approval and Request for Deposit letter alongside a Business Performance Agreement.
• Expect a nomination package and guidance on PR application. You may also receive a Temporary Work Permit Support letter if early arrival in Saskatchewan is necessary for farm preparations.

7. Application fee (Only for Saskatchewan EE and Occupation In-Demand sub-categories)

Following an invitation to apply, applicants in the Saskatchewan EE and Occupation In-Demand sub-categories must remit a non-refundable CAD 350 application processing fee.
Upon approval, successful candidates in the Employment Offer and Occupations In-Demand categories will receive a nomination package via email. SINP will inform IRCC of the nomination, and you may apply for PR within six months of being nominated by the SINP.

8. Application Decision & PR Nomination

After approval, successful candidates in the Employment Offer and Occupations In-Demand categories will receive a nomination via email. SINP will inform IRCC of the nomination, and you may apply for PR within six months of being nominated by the SINP.

9. Temporary Work Permit

Upon SINP approval, your application proceeds to IRCC. SINP will furnish a support letter for a Temporary Work Permit. Once IRCC approves it, you can continue working while awaiting your PR visa.

10. Apply for PR

After successful application, the final step is to apply for PR through IRCC. The Canadian government has the discretion to decide on your permanent residency.

In conclusion, the SINP process may initially appear intricate with its diverse options and steps. However, adhering to the provincial government’s instructions is of utmost importance. Seeking guidance from authorized immigration representatives is equally essential. This approach can be your key to settling in Saskatchewan. For more information on the Saskatchewan Immigrant Nominee Program, you may visit the government website or email immigration@gov.sk.ca.

Our experienced team, consisting of immigration lawyers and overseas study experts, assists with diverse immigration needs, from setting up EE profiles to selecting PNP programs. Connect with us for expert assistance on your SINP journey and beyond.

The article offers general information and does not constitute legal, financial, or professional advice. Seek guidance from a professional advisor for specific assistance. While we aim for accuracy, we cannot guarantee complete precision. Author opinions may change over time. ImmiLaw Immigration and its affiliates do not explicitly or implicitly endorse third-party advice, opinions, information, products, or services.

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