FAQ

Immigration

How long will my immigration procedure take?

It depends on the process you are in. If you are a provincial nominee you can be in Canada in approximately one year. If you are a Student or Temporary Worker on a Work Permit your procedure should take approximately 3-5 months. If you are a Skilled Worker, Entrepreneur, Investor, Self Employed, an Athlete or Farmer in the Federal Immigration process, these processing times are highly variable depending on the visa post holding your application -Asia and the Middle East are far more backlogged than other parts of the world.

Do I need a job offer if I am a skilled worker and want to be a Provincial Nominee?

Yes.

Which provinces have Provincial Nominee programs?

All of the other provinces have a Provincial Nominee Program, if you are a graduate of a post secondary education and have acquired a Masters degree or PHD you are eligible to apply without a job offer.

As a skilled worker, entrepreneur, investor or self employed do I need to speak French to immigrate to Quebec?

As a Skilled Worker you must speak some French, in the other categories it would be beneficial to speak French.

If i am a failed refugee and have returned to my country of origin, am I eligible to immigrate to Canada?

Yes. It is unlikely that you would be able to return on a Work Permit or Study Permit, but you are not barred from any of the permanent resident categories. If your removal from Canada has accrued within the appropriate time frame, many failed refugees have returned to Canada through another immigration procedure.

Are the policies of the Immigration and Refugee Board Changing?

Yes. There will be a new level of appeal at the Refugee Board for failed refugee claimants before having to apply for judicial review at the Federal Court. This will be very helpful for failed refugees as they will have another opportunity to have the decision on their case reviewed.

Can I remain in Canada if my spouse has submitted an inland sponsorship on my behalf?

Yes, you may remain in Canada while your papers are being processed.

Small Claims

How many days do I have to respond once a claim has been served on me?

Typically there are twenty days to respond.

Do all matters go to trial?

Many matters are resolved at the Settlement Conference.

What is the Small Claims Court limit that one can sue for?

At the moment it is $25,000 but it is rumoured that the amount will be raised to $50,000 in the near future.

Is there a statute of limitations in Small Claims Court?

Yes there is, it is typically 2 years in other words if you have not claimed two years after the perceived harm has been detected you will not be able to make the claim.

Landlord and Tenant

What is “Form 4”?

Form 4 is a document served on the tenant by the landlord for nonpayment of rent. This form can be served the first day after the tenant has failed to pay rent on the agreed upon date noted in the rental agreement.

What can the tenant do if they receive a Form 4?

Pay the outstanding rent within 14days or risk being brought before the Tribunal for eviction.

Can a tenant be evicted for something other than non-payment of rent?

Yes. If the landlord requires the property for his own personal use after the lease term has expired, if the tenant has interfered with the quiet enjoyment of the property of the landlord or other tenants or renovations are required.

Judi Simms Professional Paralegal Corporation
41 Regent Street
Richmond Hill, Ontario
T: 905.737.9747
F: 905.508.6864
info@judisimmsparalegal.ca

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