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Immigration Lawyer

Immigration Lawyer

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Old Feb 24th 2011, 4:23 pm
  #31  
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Default Re: Immigration Lawyer

Well that explains it. He said Nurses had been taken off the SWL until further notice as the immigration quota had been reached. He said he advised quebec if we wanted to move to Canada and learn english. As we dont wish to move there, we have decided to wait until July when potentially nursing immigration may go back on the SWL. Failing that, we are considering the Working Visa. This may be a stepping stone towards the RV. Once in Canada, Im sure it may be easier to get work sponsorship and or the RV. Correct us if we are wrong?

Thank you all for your advice.

Please see the post for Working Visa if you wish to comment on this.
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Old Feb 24th 2011, 4:28 pm
  #32  
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Default Re: Immigration Lawyer

Originally Posted by LisaandSteve
Well that explains it. He said Nurses had been taken off the SWL until further notice as the immigration quota had been reached.
They've not been taken 'off the list', they've just reached the quota of 1000 applications, but the quota will reopen on 1st July. The list is predicated to change again in June, but there's every chance nurses will still be on it.

Given that it'll take you at least two months to get your IELTS results and gather the rest of your paperwork, I'd just start that now and be ready to submit in July if I were you. Much easier than going via Quebec, particularly if you have no wish to live there anyway!

Originally Posted by LisaandSteve
Failing that, we are considering the Working Visa. This may be a stepping stone towards the RV. Once in Canada, Im sure it may be easier to get work sponsorship and or the RV. Correct us if we are wrong?
Do you mean a Temporary Work Permit? That's an option, but it would be easier and probably quicker to apply for PR as a FSW in the long run - by the time you've found an employer prepared to go through the paperwork/hassle/wait of hiring you, then got the LMO (which can take months), then the TWP, you could have a PR application well underway. It's definitely easier to find a job offer if you are in Canada on a reccie trip, have a read of the Job Hunting section of the Wiki if that's the route you decide to go down.

Sorry, but not sure what an RV is?
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Old Feb 24th 2011, 4:35 pm
  #33  
 
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Default Re: Immigration Lawyer

Originally Posted by christmasoompa
Given that it'll take you at least two months to get your IELTS results and gather the rest of your paperwork, I'd just start that now and be ready to submit in July if I were you. Much easier than going via Quebec, particularly if you have no wish to live there anyway!
This. Don't under estimate how long it will take to get the docs together - I thought we did ours quickly, but it took two months to get everything back from the various places we had to get docs from. If you have the application ready early, you can submit on 1st July and be ahead of any quota they put in place.
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Old Feb 25th 2011, 2:16 am
  #34  
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Default Re: Immigration Lawyer

@mandymoochops:

You've misinterpreted and misunderstood, and misjudged the situation, without knowing the facts about what my sister went through.

My sister spent over 1 year learning to speak French in order to live in the province of Quebec.

That was countless evenings of night-classes, and lost time on her part.

She even STAYED in Quebec when she landed and applied at several employers, but no one offered her a reasonable job position.

With just a few applications in the Toronto-Mississauga region, she received amazing job offers.

Finally she gave up on Quebec (even though she stated that she much prefers Montreal to Toronto), and moved to Mississauga. (She still commutes to Montreal twice per month, however, since she made many friends there, and met a boyfriend there in her initially

So your declaration that she acted "illegally" is incorrect, and misguided, and you are simply flippantly pronouncing judgement without knowning the facts about her case -- and all the hard work she put in, for over 1 year learning French.

In fact it was a very hard decision for her to leave Quebec, and I suspect she may yet move back to Quebec, if she receives a good job offer in her field.

Also, BEFORE my sister left Quebec, she actually called the Canadian Government and described her experience and situation to the Canadian Government, and the phone representative told her it was her right to move to Ontario at that point if she wanted.

So I'm not sure where you get off proclaiming that she did something illegal when she didn't. She simply was following the directions of the Canadian Government.

In fact I called the Canadian Government toll free hotline today and told them that my friend in Dublin was considering immigrating under the Quebec Skilled Worker category, because that is the ONLY category he qualifies under right now, and that he will absolutely try to obtain a good Quebec job offer when he arrives in Quebec, but if he gets a better offer in Ontario or Alberta, or BC, he will move.

And the Canadian Government representative told me that is within his RIGHT to do that.

So again... you are spreading incorrect information that conflicts with what the Canadian Government is telling me.

I don't know why there are now 2 people in this forum that are trying to "guilt" people into living in one province when not even the Canadian Government concurs with that advice.

What agenda or psychology do you have that makes you want to try to "force" or "guilt" people into living in one particular province, when it's their right to move?

I don't mean that to be argumentative... I'm just curious why you insist upon trying to force people to stay in one place?

Why is that so important to you that people stay in one place, even if it means their family leads a worse life style?
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Old Feb 25th 2011, 2:38 am
  #35  
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Default Re: Immigration Lawyer

PS:
mandymoochops and another person above tried to imply that it is "illegal" for people to immigrate under a provincial program, but subsequently move if they receive a better job offer in another province.

However, I believe that Mandmoochops is misunderstanding Canada's laws and giving incorrect legal information on this forum.

Just to help prove that point today I called the Canadian Government toll free line directly, and they stated that people do indeed have the right to move if they receive a better job offer in another province and there is NOTHING wrong with that... I also recorded my conversation with the Canadian Government as evidence, to keep in record.

Further, I also did additional research today, and found that Canada's "Charter of Rights and Freedoms" specifically states the following in section 6:

"6 (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
a) to move to and take up residence in any province; and
b) to pursue the gaining of a livelihood in any province."

Therefore please keep in mind that a couple of people on this forum are giving out incorrect and misinformed mindless advice.

I'm not sure why those 2 people are trying to "guilt" and "force" families to stay in one province and give up a good job offer in another province.

Not sure what the psychological agenda behind that is... I would love to know.
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Old Feb 25th 2011, 2:40 am
  #36  
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Default Re: Immigration Lawyer

Originally Posted by james_72
@mandymoochops:

You've misinterpreted and misunderstood, and misjudged the situation, without knowing the facts about what my sister went through.

<snip>

Why is that so important to you that people stay in one place, even if it means their family leads a worse life style?
Nobody is arguing that people should be forced to stay in one place; rather, the point has been made several times that to make a declaration (as part of the provincial nomination programme) that you intend to reside in a province in which you have no intention of living, could be construed as fraudulent and could (in extremis) result in PR being rescinded. Defrauding the system tends to result in changes to legislation which adversely affect those who come after you - so it's not only unethical, it's selfish.

Now that you have told us a bit more about your sister's circumstances, it would seem that she did genuinely want to live and work in Quebec and if a decent job had come her way she'd still be there. That's very different to the way you first put it.
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Old Feb 25th 2011, 2:46 am
  #37  
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Default Re: Immigration Lawyer

Originally Posted by james_72
PS:
mandymoochops and another person above tried to imply that it is "illegal" for people to immigrate under a provincial program, but subsequently move if they receive a better job offer in another province.

However, I believe that Mandmoochops is misunderstanding Canada's laws and giving incorrect legal information on this forum.
the two bits in red appear to be contradictory. Either she tried to imply something in quotation marks, or she gave legal information. Difficult to see how it could be both.

Are you a lawyer? Are you qualified to give definitive advice on the implementation of Canada's immigration laws? If so, please declare your interest; if not, please refrain from giving the impression that you are.

As to your quip about mindless advice, consider this: for sure, everybody has the right to move between provinces. But, in the same way that a marriage of convenience can lead to deportation if uncovered, making a deliberately false declaration on your immigration form would render your PR null and void, so the Charter wouldn't apply. There's a world of difference between trying to make a go of a province and changing your mind, and setting out from the beginning with no intention of settling there.
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Old Feb 25th 2011, 3:03 am
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Default Re: Immigration Lawyer

I notice that mr 72 has just gone on about his 'rights'. Said rights don't include the right to defraud the system. Obtaining something by deception is fraud (I notice he didn't respond to that) - he should just accept that he is gaming the system and stop trying to validate his own decision by lying to himself.
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Old Feb 25th 2011, 4:11 am
  #39  
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Default Re: Immigration Lawyer

Originally Posted by mandymoochops
Now as we've said all along no-one is saying what you are advising people to do is 'illegal' but you also have to make them aware that decptive immigration could get their pr's revoked.
Originally Posted by james_72
PS:
mandymoochops and another person above tried to imply that it is "illegal" for people to immigrate under a provincial program, but subsequently move if they receive a better job offer in another province.

However, I believe that Mandmoochops is misunderstanding Canada's laws and giving incorrect legal information on this forum.
I do hope you read your clients applications better than you do my posts.

No-one is giving any legal advice, just opinions, of which you are entitled to yours as I am mine.

As for an agenda????? Yes sorry you've rumbled me for single handedly trying to scupper Quebecs immigration programme <slinks off to try and find another way to rule the world>
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Old Feb 25th 2011, 4:18 am
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Default Re: Immigration Lawyer

Originally Posted by mandymoochops
I do hope you read your clients applications better than you do my posts.

No-one is giving any legal advice, just opinions, of which you are entitled to yours as I am mine.

As for an agenda????? Yes sorry you've rumbled me for single handedly trying to scupper Quebecs immigration programme <slinks off to try and find another way to rule the world>
I'll bet you 100% he didn't ring up Quebec's PNP people and say "My application numbers are this, I have no intention of residing in Quebec after I've got PR is that ok?"
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Old Feb 25th 2011, 4:30 am
  #41  
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Default Re: Immigration Lawyer

Originally Posted by Alan2005
I'll bet you 100% he didn't ring up Quebec's PNP people and say "My application numbers are this, I have no intention of residing in Quebec after I've got PR is that ok?"
but it's all in the way things are worded you know - I think our esteemed member must be a politician.
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Old Feb 25th 2011, 12:00 pm
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Default Re: Immigration Lawyer

I never said I was a lawyer or expert on Canada's immigration laws?! I also NEVER said I immigrated under Quebec's program. I didn't.

(I'm a computer programmer, and immigrated many years ago under the Federal skilled worker category but that's irrelevant to the points I'm making.)

If you really read my posts you''ll see it is my sister not me, that immigrated under Quebec. She arrived in Quebec and only got very crappy job offers and she moved.

I would argue that it is the province of Quebec that mislead her... not she that mislead the province.

if a province states that your skill set is in high demand, so much so, that they institute a special program for you and encourage you to apply and try to attract you.. but when you get here you can't find a good job, then it's the province that has mislead you.

My friend in Dublin will also be immigrating under Quebec, again because his training in aerospace and aircraft mechanics skills are in very high demand in Quebec -- so Quebec says. But if he gets there and no one is willing to give him a good job offer then he's moving.

Again He will be spending a full year learning French and will try to apply for jobs in Quebec. So this is a big investment on his part... because the province told him that his skills are in high demand.

But again if he is not offered a good job he is moving and that is his BASIC RIGHT.

There is nothing fraudulent about exercising your basic rights in Canada, or moving for a better job.
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Old Feb 25th 2011, 12:03 pm
  #43  
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Default Re: Immigration Lawyer

PS:

I've NEVER heard of a single newsstory in which someone's status in canada was revoked because they moved to accept a good job offer for their family.

That would be insanity. There would be a public outcry.

People would say "let me get this straight: you're revoking this familys status because they couldn't find a good job in province A, and they moved to accept a great job offer in province B"?!

If you know of such a newstory please post a link as evidence.
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Old Feb 25th 2011, 12:08 pm
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Default Re: Immigration Lawyer

Originally Posted by james_72
PS:

I've NEVER heard of a single newsstory in which someone's status in canada was revoked because they moved to accept a good job offer for their family.

That would be insanity. There would be a public outcry.

People would say "let me get this straight: you're revoking this familys status because they couldn't find a good job in province A, and they moved to accept a great job offer in province B"?!

If you know of such a newstory please post a link as evidence.
If you read your previous comments on this thread, it was YOU who made it seem like your friend/family had applied through the Quebec stream with absolutely no intention of staying there at all. If this is not what happened, you should perhaps look at the way you explain things.
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Old Feb 25th 2011, 12:56 pm
  #45  
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Default Re: Immigration Lawyer

I must say this is a rather interesting, if heated discussion.

It appears to me that some posters are hastily declaring "fraud" without knowing all the proper facts or without understanding Canada's laws on this matter.

Fraud seems like a strong word that may not apply to this situation.

Perhaps it would be helpful if a legal expert chimed in, if any are reading this?


In my own personal case, I declared my wish to immigrate and move to Vancouver. But a few days after my arrival to Canada, I promptly returned to my position in Seattle, on the US side of the border in order to complete the remaining 2 years on my contract, under H1 US status.

After that I did have a strong desire to return to Vancouver, as it is a rather lovely and beautiful city, but I received a significantly better offer in Toronto, so I flew directly from the USA to Toronto upon my second return.

Thus, not only did I move from my intended province almost immediately after my arrival in Canada, but I actually left the country entirely, with no real wish to live in Canada at that moment.


I suppose some of you may cry foul, and proclaim "fraud" because I knew when I applied for Canadian immigration that I wasn't really ready to live in Vancouver yet.

Some may say that I am somehow "wasted space" or that I am somehow morally wrong for "using up a space" within Canada's quota of immigration, whatever that number is.

And if you wish to ratchet things up be declaring me fraudulent, then be my guest.

But I feel I've made many contributions in my work to Canada, and I pay taxes.

The border officials that processed me upon my return to Canada 2 years later also didn't seem to think I did anything wrong, and they actually warmly welcomed me back to Canada. The attorney that handled my case told me I was well within my rights.

Some will probably be further enraged to hear that I may actually be returning to London to work on a project for 6 months to a year, and that when I come back to Canada after that I may yet change provinces again and this time move to Alberta, since I now have friends in Calgary.

But as upsetting as that may be to some, I believe it is my right to exit Canada for certain periods of time and change provinces as I see fit.

It's my life and I do not wish to settle in one single province or country for the moment, even though I initially declared that I was ready to live in Canada and in Vancover in particular.

No one at the Canadian border has ever had a problem with me living this way, and I'm perfectly honest and explain my long absences from Canada each time I exit and reenter.

I really see no problem with others who intend to live this way, and apply for Canadian Immigration under any category that will get them to Canada.

It appears to me, based upon my limited knowledge, that the rules are set up this way expressly allow people the freedom to move around and even leave Canada.

So again I believe people are well within their rights to move around... but perhaps there may be a legal expert that wishes to chime in and illuminate this discussion further.
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