Category Archives: criminal lawyer

All you Need to Know: Spousal Sponsorship in Canada

If you’re a Canadian citizen or a permanent resident, you can sponsor your spouse, conjugal partner or common law partner to live, study and work in Canada under the Spousal Sponsorship program. To be eligible under this program, you need to fulfill certain spouse sponsorship Canada requirements. Keep on reading to learn about these guidelines.

Eligibility criteria

You should be 18 years of age or more to be eligible to sponsor your spouse, partner or children. Additionally, you’ll have to prove that you can provide for food, lodging, and clothing for yourself and your family, and can support them financially to ensure they don’t have to ask for help from the government. Additionally, the sponsored person will receive a visa when both, they and the sponsor, obtain approval from Immigration, Refugees and Citizenship Canada (IRCC).

Citizens who don’t live in Canada will have to prove that they’ll start living in the country once the sponsored person becomes a permanent resident.

Definitions of spouse, common-law partner and conjugal partner  under the program

Spouse

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Married couples as recognized by the law of the land. If the union took place in Canada, the sponsor would need to produce a Certificate of Marriage from the province where the marriage took place. For marriages that took place outside Canada, the union must be eligible as required by the law of the country and the Canadian federal law. Same-sex partners who married in Canada can participate in the program; however, those who entered into a union outside of Canada will have to prove their relationship to file an application

 

Common-law Partner

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Partners who have been living together continuously for a year or more and are in a sexual relationship without getting married are eligible to participate in the program. Exception to a year rule of living together includes brief period of absences tending to business or family obligations

 

Conjugal partner

A sponsored person is identified as a conjugal partner if they have either of the following situations:

 

  • When immigration barriers or other legal restrictions related to divorce or same-sex marriage prevent the applicants from qualifying as common law partners/spouse

 

  • The sponsor and the sponsored have had a mutually dependent relationship for a year or more. Under this provision, both the applicants will have to prove their commitment towards each other including emotional ties and intimacy. They’ll also have to prove their financial closeness, which may include joint ownership of assets.

Conclusion

Knowing the spouse sponsorship Canada requirements helps you avoid hassles when sponsoring a spouse.  It is also imperative that you consult your immigration lawyer and work together to create a watertight case. Don’t be afraid to ask questions about any clauses or conditions that you don’t understand to ensure you comply with all the legal norms.

 

 

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A Handy Guide to Spouse Sponsorship in Canada Post Bankruptcy

Like most people, you may also believe that bankruptcy puts an end to all the happiness in your life. Well, this is not entirely true. Bankruptcy is, of course, a serious financial obstacle, and with the receding economy, a higher number of employees are getting pink slips. Some of these employees who may have spouses residing in foreign countries may be looking for their sponsorship to Canada. Though there are no specific income requirements to sponsor your spouse for residency in Canada, a few restrictions prevail when it comes to bankruptcy.

Dig in to learn more.

How to Sponsor Your Spouse When you are Bankrupt?

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The biggest adverse effect that an existing or past debt problem has on immigration is that you cannot sponsor your spouse to immigrate to Canada while being on an undischarged bankruptcy. You become eligible to make a sponsorship application only after you have received your discharge. If you are also among those who are in debt and look to sponsor your family, an immigration lawyer can be of great help to you. They are experts at presenting you with many options, therefore, allowing you to clear up your debts. Let us learn about the three choices you have if you are in debt but, want to sponsor your spouse to Canada.

File the Bankruptcy

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You may begin with your sponsorship application once you have quickly cleared up your debts. In other words, you can file your bankruptcy first and then, submit your sponsorship application post your bankruptcy discharge. The first-time bankrupt in Canada is eligible to receive a discharge from personal bankruptcy in only nine months. Your bankruptcy may, however, extend to 21 months, if you have to pay “surplus income”.

Sponsor Your Partner First

Family and Immigration Issues

You can choose to sponsor your partner first, and then file the bankruptcy, provided the sponsorship application process is over. Given that sponsorship application processing takes several months or years to complete, you may not be able to hold off your creditors for a long time.

File a Consumer Proposal

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Filing a consumer proposal has no effect on your sponsorship application. A consumer proposal helps to legally protect you from your creditors and make a negotiated settlement on your debts. It typically implies that you avoid declaring bankruptcy. A successfully accepted consumer proposal dissolves your bankruptcy filing, therefore, enabling you to submit your sponsorship application. You need to remember that a consumer proposal needs financial support.

Conclusion

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Now that you know how to get a bankruptcy discharge and also understand other requirements for Spouse sponsorship to Canada, you can avoid several issues that your spouse sponsorship application may face. Though bankruptcy proves to be a hurdle for many Canadian citizens, comprehending how to address the issue helps you gain approval for sponsorship of your spouse and family.

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Charged With DUI? Legal Ways to Immigrate To Canada

 

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Immigrating to a new country is one of the most important decision in everyone’s life and Canada is no exception. Whether you seek to arrive as an International Student, Temporary Foreign Worker, or have the requisite skills, education and language proficiency, the process of immigration to Canada is increasingly driven by economic and legal factors. But what if you have been charged for driving under the influence of DUI? In that case, you may not be eligible to enter Canada easily. Entering Canada with DUI is a complex task and you may require to take special permissions and follow a tough and legal process. It is always advisable to seek help from a professional Canadian Immigration Lawyer who may adhere to all the legal actions and guide you with the procedure strictly maintained according to the Immigration laws in Canada. In this blog post, get to know about two legal ways available in case you need to enter Canada with DUI. Take a look.

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Temporary Residents Permits

If you are not eligible to follow immigration laws in Canada but have a justified reason to migrate to the country, you may be issued TRP (temporary residents permits) that will allow you to stay in Canada for a limited period. The immigration or a border service officer will make sure that your need to stay in the country outweighs the health and  safety risks to Canadian society. After complete assurance, he will provide you with TRP.  To seek a permit, you will have to follow procedure and pay a processing fee, which is non-refundable. Although the process can take some time, ensure that you have applied at the right time before the date of journey to Canada.

Note: The permit can be cancelled by the immigration officer and will not be valid once you leave canada unless you have taken a special permission to leave and re-enter.

 

How to Apply for TRP?

eTA Required

If you are a citizen of eTA required country but is restricted to get eTA and is applying for TRP due to some circumstances, you may need to get an application form for Temporary residents permits from the visa office of your country so that you can proceed with the procedure.

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Visa Required

Submit an application for a TRP along with the related documents that justify the reason for your visit to Canada. You may also be called for an interview so that the officer can process the documents forward.

Processing fees

You may be required to pay a considerable and non-refundable amount to cover the cost of processing your application. Check for the specific payment instruction in the visa office.

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Criminal Rehabilitation

In this process, you may require the permission from the concerned authorities to travel Canada without the renewal of Visa. The process can be moved forward only after the officers grant you the permission. For this you may go through the permission eligibility criteria that is tough and time consuming. You can only apply for Criminal Rehabilitation, only after five years since the completion of your sentence. You may also be required to fulfil all the conditions such as fine, probation, driving prohibition, community service and other related formalities within five years. If you are eligible and have completed all the formalities, you will be granted permission otherwise you will have to go for TRP.

Last few words

These two methods may help you to enter Canada with DUI but before processing to any of the methods, seek advice from a professional Canadian Immigration Lawyer in Calgary or any other part of Canada. Both the procedures are complex enough and are tough to be dealt alone. A professional helps you to complete the procedure faster and easier.

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All You Need to Know About Filing a Divorce Against Your Spouse

If you are planning to divorce your spouse and you are a resident of Canada, you should follow the process stated in the Divorce Act. Under the act, marriage breakdown is the only official reason for a divorce. In addition, you or your spouse needs to be a ‘resident’ in Alberta or any other state in Canada for one year immediately before the commencement of the divorce.

Read on to explore more about the various valid reasons for divorce in Canada.

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Impact of Changing Political Scenario on Canadian Immigration Laws

When Justin Pierre James Trudeau got elected as the Prime Minister of Canada in October of 2015, he made it clear that Canadian Immigration Laws and policies under the rule of the Liberal Party will take quite a different direction. The earlier government passed the much controversial Bill C-24, aka the ‘Strengthening Canadian Citizenship Act’ that created a “two-tier citizenship regime” is said to have weakened the citizenship rights and freedom.

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Who is Representing you at Court and How?

You are left with two options; either go with the prosecutor or criminal defense lawyer; that is if you’ve encountered some serious penalties or time in prison.

The prosecutors, known as Crown Attorneys, or in short “Crowns” are the lawyers who work for the provincial government. You are always entitled to get a prosecutor to represent you in court. The prosecutor is not actually the victim’s lawyer, he acts in the favor of the public. Continue reading

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How Can You Narrow Your Search Of A Criminal Lawyer In Calgary?

criminal lawyer in Calgary

criminal lawyer in Calgary

Looking at the seriousness of consequences of criminal natures, you need to be attentive while retaining and securing the services of criminal lawyer in Calgary. To ensure your rights will be protected you should choose an experienced Calgary criminal lawyer. Since seeing the criticality of the issue, it is not easy to choose a lawyer. Here are some few aspects that you should consider while picking a criminal lawyer. Continue reading

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