Immigration Guidelines

Spencer Tran’s Law Professional Corporation
2319 Keele Street, Unit 208
North York, Ontario
M6M 4A1

September 14, 2023

Re: Evaluating Potential Immigration Candidates

To Whom This May Concern,

Intro

Canada has allowed entry to more foreign nationals than ever before. The rules and criteria surrounding a potential candidate’s chances of legal entry depend on several factors. As intake, your job is to give a preliminary evaluation as to the potential candidate, and pass on those you feel would meet
the minimum requirements of entry into Canada. This guide will assist you in making these determinations.

Information Retention

Although this office is in Vietnam, the law firm primarily responsible is still in Ontario. As a result, the information received should be treated as if it were physically present in Ontario Canada. This means that potential client information should be securely stored and kept confidential. Identification and employment should also be established and retained. For example, if Duc Nguyen calls the intake office, a copy of his passport and national ID should be retained for the records, as well as his occupation title.

Anti-Discrimination

For our purposes, Ontario requires that services be accessible equally to those of age, ancestry, color, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status, gender identity, gender expression, sex, and sexual orientation. The only factor above considered in a
permanent resident application is age. None of these factors should be considered in determining whether or not a potential client receives service. If they’re willing to pay, we’re willing to play.

The Process

Immigration to Canada is regulated by the Immigration and Refugee Protection Act and it’s corresponding regulations. It is legislation on the federal level, equally applying across all of Canada’s 10 provinces and 3 territories. As a reference, Justin Trudeau is currently the prime minister, the leader of the party of the current government. The firm is in Ontario.

Assuming a potential client has called and wishes to come to Canada, the first thing that must be established after their basic information is collected is their intention. Is the nature of their visit temporary? Are they wishing to immigrate permanently and acquire a permanent residency? The only way to find out is by asking. This will assist in determining the best route for the potential client, and ultimately determining if they are a good candidate.

Temporary

A person will usually want to visit Canada temporarily to do one of 3 things:

• Visit Family/Friends
• Work
• Study

A person’s place of citizenship will determine the requirements necessary to achieve the goals above. For example, a person who holds a UK citizenship will require much less paperwork than someone from Vietnam. For our purposes, we are assuming all callers are Vietnamese citizens. Please ensure to double check and ask if the potential client has citizenship in Vietnam or anywhere else.

Visit Family/Friends

A Vietnamese citizen wishing to visit Canada to visit family and friends will be required to apply for a Temporary Resident Visa. (TRV) Generally, the following documents will be required for an application for a TRV to visit family and friends for less than 6 months.

• Application
• Representative’s Submission Letter (If hiring the firm)
• Passport and all of its pages
• Letter of Invitation
• Use of a Representative form (If hiring the firm)
• Proof of Means of Financial Support
• A digital photo
• Proof of temporary visit
• Family Information Form
• Marriage certificate (if applicable)
• Proof of Relationship
• Fingerprints after Application. The two offices are in Ho Chi Minh and Hanoi
• Other documents that may be necessary on a case-by-case basis

When intaking a person who wishes to come temporarily less than 6 months, it is best to take down the following personal information from them:

• First, Last name
• Sex
• Date of Birth
• Nicknames (If they have one)
• City and Country of Birth
• Citizenship
• Current Country of Residence
• Marital Status (Current and previous)
• Language
• Passport
• National Identity Document
• Current Mailing Address
• Purpose of Visit
• Length of Stay
• Available Funds in Canadian Dollars
• Name and Address of Friends/Family
• Education
• Employment
• Whether the person has had, or been in contact with someone with tuberculosis in the past 2 years
• Physical or Mental Disorders requiring services beyond medication
• Whether they have overstayed, worked, or studied without permission in Canada
• Whether the person has previously been refused a visa, or permit, or been denied entry to, or ordered to leave Canada or another country
• Whether the person has previously applied to enter or remain in Canada
• Criminal record? If so, what were they arrested for? Charges? Convictions?
• Military, militia, or civil defence unit or serve in a security organization or police force (including non-obligatory national service, reserve or volunteer units)?
• Whether they are a member or associated with a political party, or oter group or organization which has engaged in or advocated violence as a means to achieving a political or religious objective, or which has been associated with criminal activity at any time
• Whether they have witnessed or participated in the ill treatment of prisoners or civilians, looting or desecration of religious buildings

Ultimately, the overarching goals of Canada when giving a TRV to visit is to ensure the person is likely to return home, and will not work without authorization. The stronger the ties to Vietnam, the greater the chances the applicant is accepted. A married man with children taking a couple weeks off from work to visit his friend in Canada is much more likely to be accepted than a single man with no job, family, or other reason to remain in Vietnam.

Work

A Vietnamese applicant wishing to come to Canada to work usually must apply for a work visa unless they are specially exempted. The special exemptions are slim, and more likely than not a permit will be required. The work permit falls under several different categories. We will start with the Temporary Foreign Worker Program.

Temporary Foreign Worker Program

The Temporary Foreign Worker Program (TFWP) is one of many ways a Vietnamese citizen can enter Canada legally and work. It usually provides a closed (also known as employer-specific) work permit upon successful application. This means that the foreign national must work for that specific
employer. In order to obtain the work permit, the applicant must have a genuine job offer, and this job offer must come with a Labour Market Impact Assessment provided by the employer. The applicant must be prepared to leave at the end of the permit. In addition to the information and documents that should be collected above in the “Visit Family/Friends” section, the following documents should be gathered or established from the potential applicant:

• A passport and a copy of all its pages with an expiration date LONGER than 6 months
• Valid and genuine job offer
• Police Record Certificates
• Resume/CV
• Educational Diplomas/Certificates
• Labour Market Impact Assessment

Note that this firm DOES NOT recruit or find jobs for TFWP applicants. Any potential applicants looking to receive a job offer from this firm should be directed to:

https://www.jobbank.gc.ca/home

Any potential applicant should be prepared to gather these documents. If individual applicants have come to the firm seeking to enter through the TFWP, and they know someone in Canada who is willing to give them a job, the firm can help facilitate the paperwork on both the employer and employee side.

Open Work Permits

An open work permit is a work permit in which a foreign national may work for any employer without a Labour Market Impact Assessment. Unfortunately, the foreign nationals that qualify for this are limited. Most Vietnamese citizens seeking entry into Canada through a work permit will be required to go through TFWP. Generally, the following persons are usually allowed to apply for an open work permit:

•  International Students graduating from a designated university
• Students no longer able to meet costs of studies
• Closed work permit holders who are, or at risk of abuse in relation to the job
• Dependent family members of Permanent Resident Applicants
• Spouses/Common-law partners/children of low/high skill workers
• Spouses/Common-law partners of international students
• Refugees, refugee applicants, protected persons and their family
• Temporary Resident Permit Holders (DIFFERENT FROM TRV)
• Young workers in special programs
• Those currently in Canada being sponsored as spouses or common-law partners

Visit to Work

Although a foreign national must usually apply for a work permit before they enter Canada, certain temporary policy changes have allowed those on a valid TRV to apply for a closed work permit. On February 28 2023, the Government of Canada extended this policy until February 28, 2025. The required documents are the same as a closed work permit. Despite the foreign national residing in Canada, the employer will still need to submit and share a Labour Market Impact Assessment with the prospective employee. Some applicants will look to visit so they can job hunt. Potential applicants who intend to take this route should be warned their intentions may call into question whether or not the applicant intends to leave at the end of their visa, and may subsequently attract more scrutiny from IRCC. Potential applicants with job offers, Labour Market Impact Assessments, and no criminal records should be prioritized highest.

Study

The Study permit is probably the most advantageous avenue for those looking to eventually become a permanent resident of Canada. Not only does a foreign national receive an education in Canada, they also automatically get an OPEN work permit if they are full time. Although the work permit is limited to 20 hours a week during the school season, a foreign national holding a study permit may work full time during the summer. Upon completion of their study, a foreign national may then apply for a Post Graduate Work Permit for up to 3 years depending on the program they chose. After, many often apply for permanent residence.

Qualifications to apply vary by country. Fortunately, the Canadian government has created a special stream for foreign nations in certain countries. Vietnam happens to be one of them. It is always recommended to any potential applicant they try to fulfill the requirements of the student direct stream, as it greatly increases the chances of being granted a study permit.

In order for a Vietnamese citizen to qualify for SDS, they must be able to submit the following information in addition to the information found in Visit Family/Friends:

• An acceptance letter from a post-secondary designated learning institute
• Live outside of Canada when applying
• Proof they paid 1st year of tuition in full
• A Guaranteed Investment Certificate equaling at least $10,000 CAD
• Proof of a medical exam
• A police certificate
• Most recent secondary or post-secondary transcripts
• IELTS language test results with at least a score of 6 in each category

After the applicant is able to produce these documents, it is best to schedule their biometrics to streamline the process. A good candidate for the student direct stream will have the resources and abilities to comply with the requirements.

Temporary Conclusion

These three programs above cover the very basics of the 3 most common temporary residency programs. Good candidates for any of the programs will be able to provide all the information listed in the Visit Family/Friends section, as well as any other program specific documents like job offers or letters of acceptance. Ultimately, they will need to demonstrate ties to their home country, how their visit may benefit them, and that they will return. The next section will explain the common 3 permanent residency streams.

Permanent Residency

Canada’s permanent residency streams have never been more open to foreign nationals. Currently, the Federal Government intends to bring in around 500,000 permanent residents per year. Unlike a TRV, a permanent residency application carries the implication that an applicant will remain permanently, and call Canada their new home. There are 2 main branches we will focus on: Economic and Family Status PRs. Within the economic branch, there are 3 streams known as “Express Entry.” These are: Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. The programs share some similarities but each hold their own pros and cons. A majority of those looking to get a PR will apply through this branch.

An application and meeting minimum requirements do not guarantee an applicant a PR. The applicant is placed in a pool. Those with the highest scores are then invited to apply for a PR. Once invited, they have 60 days to apply. In draw 262 on August 15 2023, 4300 invitations were given out. The lowest score that received an invite was 496. It would therefore be prudent to recommend an applicant have at least 501 points before making an application, as 2,172 applicants held a score between 501- 600, and 2,709 held a score between 491-500.

Avoiding undue delay is essential. Although Justin Trudeau is the current Prime Minister, recent polling places the Conservative party and Pierre Poilievre as the top choice for Canadians. The Conservative party’s believed intentions at this point, is to limit immigration and make it more difficult for those wanting to come. An election is likely not to be held until 2025, but it should be stressed that this may be the best time to come to Canada.

Canadian Experience Class

Requirements to apply under the Canadian Experience Class are relatively simple. A candidate must have acquired at least 1 year of legal Canadian skilled work experience in a TEER 0, 1, 2, or 3 job. TEER 0-3 refers to a group of jobs requiring a degree of responsibility or skill. For example, Teer 0 generally will refer to management, Teer 1 usually requires a university degree, Teer 2 usually requires a college diploma or apprenticeship, and Teer 3 usually requires a college diploma. Teers 4 and 5 require little to no education. This of course does not guarantee a permanent residency. The applicant will still have to demonstrate a high enough score to be invited. This program casts a wide net, and is available to many including those previously on temporary work permits.

Federal Skilled Worker Class

Unlike the Canadian Experience Class, the Federal Skilled Worker Class has a separate prerequisite selection score that the applicant must have before they are assessed. The current pass mark is 67/100 points. These points are allocated based on:

• Age (MAX 12. 18-35 nets 12)
• Education (MAX 25. Average 3–4 year Bachelor Degree nets 21 points)
• Work Experience (MAX 15. 2-3 years gets 11 points)
• A Valid Job Offer (MAX 10 points)
• English and French Skills (MAX 28) (24 for first language, 4 for second)
• Adaptability (MAX 10)

With this framework in mind, consider a 30-year-old university graduate working as a human resource’s professional with top tier English skills. This person would theoretically qualify to be evaluated under the Federal Skilled Worker Class with a score of 68. Of course, they would still need to acquire a sizable Comprehensive Review Score to get invited to apply for a PR.

Federal Skilled Trades Program

In order to qualify for the Federal Skilled Trades Program, the applicant must be able to demonstrate:

• 2 years of paid full-time work experience within 5 years before application in a skilled trade
• The applicant is able to meet the job requirements of that skilled trade
• Demonstrate they performed the duties listed in the lead statement in the NOC
• A valid job offer of at least 1 year or a certificate of qualification of the skilled trade issued by a Canadian authority
• Minimum Language Test results. Speaking/Listen – 5. Read/Write – 4

This is generally one of the easier programs to qualify for. However, easier to qualify doesn’t necessarily mean easier to get in. An applicant will still need a high comprehensive review score.

Comprehensive Review Score

The scoring tool used to assign scores based on merit is called the Comprehensive Review Score (CRS). The tool uses information provided by the applicant to give a score. As stated above, this score should Ideally be 501 and above, although an applicant may take a chance at 496. An applicant can gain points through the following facts:

• Skills and Experience
• Spousal language and education factors
• Skills Transferability such as education and work experience
• Canadian Degrees diplomas and certificates
• Valid Job Offers
• Provincial Nominations
• Siblings in Canada who are citizens or PRs
• Strong French Language Skills

Using the CRS tool, we can evaluate any potential applicant. As an example, a 30-year-old single person with a bachelor’s degree from outside of Canada, 3 or more years of foreign work experience, and high IELTS language scores will receive a score of about 436. Introducing a bachelor’s degree from Canada increases the score to 466, and a job offer in a TEER 0, 1, 2, or 3 category job will further increase the score to 516. This tool can be found here:

https://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

How To Raise Your Score

An applicant’s main concern will be their score. Currently, the best and most efficient way to raise one’s score is to undergo a study permit. A study permit will allow the applicant to acquire a Canadian degree or diploma, then allow them to apply for an open post graduate work permit up to 3 years provided the post-secondary school qualifies. The same 30-year-old with a Canadian Bachelor’s degree and 3 years of work experience in Canada with high English language scores without a job offer will obtain around 505 points. While not guaranteed, the statistics recently released by the government would suggest this person would receive an invitation to apply for PR within the very near future.

Choosing Great Candidates

Determining a great candidate often involves asking questions and gathering information. The candidate will or should be prompted to outline their goals. It is imperative to listen. The first thing that needs to be established is if they state they want to go on a temporary basis, or on a permanent basis. If the answer is temporary, evaluate what their goals are. Do they want to visit? Study? Work? Do they carry a preliminary qualification for any of the temporary programs above? Can they gather the required documents? If they do, they should be escalated to the firm.

If the answer is permanent, their current CRS score should be evaluated. If it is over 500, they should be immediately escalated to the firm. If their score is lower, (300-400) temporary programs such as study and work permits should be recommended to increase their score. If they are willing, able, and wanting to do this, they should be escalated to the firm.

Final Remarks

Although the office is in Vietnam, candidates should be told interactions with the firm will be in english. Candidates able to score reasonably high in IELTS should not have an issue with this. If they have difficulties dealing with the firm in english, it may indicate they will have a hard time complying with the
language requirements. If a candidate does not wish to continue, they should be advised that anyone they may wish to go to in the future should be qualified and willing to sign form IMM-5476E use of a representative form. If they are unwilling to do this, they should run. I look forward to working with you all. If there are any questions regarding candidates or programs, please do not hesitate to contact the firm.

Sincerely,
Spencer Tran
On behalf of Spencer Tran’s Law Professional Corporation