Stateless individuals are people who do not hold citizenship in any country. As a result, these people often lack basic rights and protections that citizens typically enjoy. This group includes:

• Those born without citizenship
• Individuals whose countries have dissolved
• Those stripped of their nationality

In some instances, a person might not even know they are considered a stateless individual until they hit certain roadblocks later in life. Without legal recognition, stateless individuals face challenges in accessing healthcare, education, and employment. They also live in constant fear of deportation or detention.

Recent changes in the U.S. Citizenship and Immigration Services (USCIS) policies offer new opportunities.

The policy now allows for discretionary relief, including deferred action and parole in place, providing a temporary legal status that can protect stateless individuals from deportation and grant work authorization.

This is a significant shift, as previously, stateless individuals had limited options for legal relief and faced considerable obstacles in securing even temporary protection.

For example, individuals from regions like the former Soviet Union or those born to parents of different nationalities without clear citizenship rights are often rendered stateless. Under the new USCIS guidelines, they can now seek temporary protection and legal status, which can help alleviate the uncertainties and challenges they face.

However, the policy does not extend to those with final orders of removal or currently in removal proceedings, limiting its scope. Moreover, the process of proving statelessness can be complex and burdensome, requiring detailed documentation and legal support.

How U.S. Immigration Lawyers Can Help

Navigating the complexities of these new USCIS policies can be daunting, especially for stateless individuals who may lack access to the necessary legal resources. This is where U.S. immigration lawyers from Pilkington Immigration can help. Our professionals guide stateless individuals through the intricate legal processes, helping them gather the required documentation and representing their cases so they receive the protections and benefits available under the new guidelines.

For stateless individuals in the U.S., these policy changes represent a hopeful shift towards greater recognition and protection, but the road to securing their rights remains complex and challenging.

U.S. immigration consultants offer invaluable expertise in dealing with statelessness cases. We provide personalized support, helping clients understand their rights and options and working to secure a stable legal status that can lead to better access to services and opportunities in the United States.

The post USCIS Policy Impact on Stateless Individuals in the United States first appeared on Pilkington Immigration - Ottawa, ON.

For many people with ties to both the United States and Canada, the prospect of holding dual citizenship is appealing. But what exactly does dual citizenship entail, and can you hold citizenship in both the US and Canada simultaneously?

Understanding Dual Citizenship

Dual citizenship, also known as dual nationality, is a legal status that allows someone to maintain citizenship in two countries at the same time. This status allows dual citizens to enjoy the benefits and privileges of both countries, such as the right to vote, work, and reside in either nation. However, it also comes with the responsibility to adhere to the laws and obligations of both countries, such as taxation and, in some cases, military service.

Keep in mind, that not all countries allow you to maintain dual citizenship. It all depends on the policies of your country of origin and the country you immigrate to.

Canadian Citizenship and Dual Nationality

Canada permits its citizens to hold dual or multiple citizenships. This means that Canadians can acquire citizenship in another country, such as the United States, without losing their Canadian citizenship. Similarly, the United States does not require individuals to renounce their previous citizenship when they become American citizens. Therefore, it is definitely possible to hold dual citizenship in both the US and Canada.

Dual citizenship offers numerous advantages, such as:

• Easier travel between the two countries
• Access to social services
• The ability to work or study in either nation without the need for visas or permits

However, it’s important to be aware of the legal and financial effects, including tax obligations in both countries and the need to comply with specific regulations when living or working abroad.

Navigating the Process with Pilkington Immigration

The process to obtain dual citizenship can be complex and requires careful planning and understanding of the laws in both countries. Pilkington Immigration specializes in helping you navigate the intricacies of acquiring dual citizenship, including Canadian citizenship. Our experienced team offers personalized guidance and support to keep the process as smooth and efficient as possible. Whether you are a Canadian seeking US citizenship or an American interested in acquiring Canadian citizenship, Pilkington Immigration can provide the expertise and assistance you need to achieve your goals.

The post Can I Have Dual Citizenship in the US and Canada? first appeared on Pilkington Immigration - Ottawa, ON.

As of April 6, 2023, those who are currently or formerly on a Post- Graduation Work Permit (PGWP) could be eligible for an 18 month Open Work Permit. Those who wish to apply will have until December 31, 2023.

The benefit for this Open Work Permit is that it grants the individual the ability to work any job and for any employer in Canada for up to 18 additional months.

As per IRCC, eligible candidates will be able to:

• opt into a simplified process to extend their work permit, or
• apply to extend their work permit, or
• apply to restore their status and get a new work permit

Even if a candidate is not eligible to opt in, they can still apply for a work permit.

See IRCC website for more information on this opportunity.

IRCC has emailed those who may be eligible for the process to extend their work permit. The message comes from an email that ends in @cic.gc.ca or @notifications.canada.ca. IRCC notes that such individuals must take action before May 20, 2023 and apply before their work permit expires.

To be eligible for the simplified process, you must:

1) Reside in Canada

2) Log into your IRCC Secure Account to:

• ensure that your mailing address is up to date
• confirm your passport information is up to date and has an expiration date of June 2025 or later, and
• opt in for up to an additional 18 months

If you do not have an account, you will need to register for an IRCC Secure Account and link your most recent PGWP application to your account before May 20, 2023.

About the Open Work Permit extension:

Recently, Canada’s Immigration Minister, Sean Fraser announced that the IRCC would enable those who are eligible as former or current PGWP holders access to a new Open Work Permit.

Typically a PGWP is non-renewable, and those with an expiring PGWP would have to find another way to remain in the country or leave. However, Fraser indicated the purpose of this initiative will help employers in Canada address their labour shortages and provide PGWP holders time to potentially consider permanent residency. PGWPs allow eligible international graduates to work for up to 3 years after they complete their studies in the country. The ultimate length of the PGWP depends on the length of the completed program of study.  PGWPs are of high interest as they allow graduates to build their eligibility for permanent residency.

Majority of Canada’s economic class immigration programs reward candidates who have Canadian work experience since Stats Canada shows the experience supports the labour market integration upon gaining permanent residence. This shows why Express Entry, Provincial Nominee Program, and other economic class pathways provide more points and or dedicated streams to those with experience in Canada. In 2022, Canada hosted a record 800,000 international students. Nearly 98,000 PGWP holders transitioned to permanent residence last year, accounting for over 80% of all temporary residents who transitioned to PR.

When this announcement was made, IRCC suggested there were over 286,000 PGWP holders in Canada at the end of 2022. The department estimates nearly 127,000 PGWPs will expire in 2023. However approximately 67,000 PGWP holders have already applied for PR, and would not need to apply for a new Open Work Permit.

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US Congress passes the EB-5 Reform and Integrity Act of 2022, reauthorizing the EB5 Regional Center Program through September 30, 2027, increases minimum EB-5 investments, and sets aside part of the annual EB-5 immigrant visa quota for investment in rural areas, high unemployment areas, and infrastructure projects. It is expected that President Biden will sign the new law as part of the FY 2022 federal appropriations legislation.

Impact on foreign nationals with pending Regional Center filings

The EB-5 Regional Center Program, a subcategory of the EB-5 Immigrant Investor Program, had been suspended since June 30, 2021, when its congressional authorization expired. The new law will allow USCIS to resume processing pending cases that were held in abeyance by the agency when the Regional Center Program expired in June 2021. The law prohibits the denial of a petition based on the expiration of the program and directs the agency to continue to allocate immigrant visa numbers to petitioners whose Regional Center-based cases were filed before September 30, 2026, which includes cases filed before last year’s expiration. It is not yet clear when USCIS will take up pending cases, but agency guidance is expected in the near future.

Investment minimums

On enactment, the statute will increase the minimum investment amount for EB-5 projects to $1,050,000, from $1,000,000. The minimum investment for targeted employment areas (TEAs) will increase to $800,000, from $500,000. The minimum investment for infrastructure projects will be $800,000. (Under regulations that were ultimately vacated by a federal court, the EB-5 investment minimum was increased to $1,800,000 for standard EB-5 investments and $900,000 for TEAs from November 19, 2019, until June 22, 2021.)

Beginning January 1, 2027, and every five years thereafter, the minimum investment amount for standard EB-5 projects will be subject to increases keyed to the Consumer Price Index. For TEAs and infrastructure projects, the minimum investment amount will be increased to 60% of the standard investment minimum.

Allocation of EB-5 immigrant visas

The new law sets aside 32% of the annual EB-5 immigrant visa quota for specific types of EB-5 projects:

• 20% of EB-5 immigrant visas are reserved for foreign nationals who invest in a rural area of the United States;
• 10% are reserved for foreign nationals investing in a high unemployment area as designated by USCIS;
• 2% are reserved for investors in a new category for qualifying infrastructure projects administered by a federal, state or local government entity.

If there are unused visas in any of the three listed subcategories, those visas will be made available in the same category during the succeeding fiscal year. If not used in the succeeding fiscal year, they will be added to the overall EB-5 quota in the following fiscal year.

Provisions of the new law

• Concurrent filing of EB-5 petitions and green card applications. Investors for whom an EB-5 immigrant visa is immediately available will be permitted to file their EB-5 petitions at the same time as their applications for adjustment of status to permanent residence or file an adjustment with a pending EB-5 petition. This will enable them to obtain employment authorization and travel permission while their cases are pending.
• EB-5 processing priorities. The new law directs USCIS to give processing priority to EB-5 petitions for investment in rural areas.
• Increased monitoring and enforcement. Regional Centers will be subject to regular audits and enhanced record keeping obligations. They will also be obligated to pay an annual fee of $20,000 (or $10,000 for Regional Centers with 20 or fewer investors) that will be allocated to an EB-5 Integrity Fund.
• Federal authority to designate Targeted Employment Areas. The Department of Homeland Security will be invested with the sole authority to designate TEAs; state and local government authorities will no longer have the ability to make these designations. This provision of the new law echoes a previous regulation that was struck down by a federal court in 2021.
• Additional fees for EB-5 petitioners. Foreign investors will be required to pay a new $1,000 fee that will be allocated to the Integrity Fund.
• New safeguards for foreign investors. The new law permits good-faith investors to complete the permanent residence process despite the termination or debarment of an EB-5 entity or Regional Center, or in the event the Regional Center Program expires in the future.

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EmpoweredProfessionals offer the ‘Online Career Linkz Platform’ for Job Seekers in Canada to find employment faster through the use of media & technology.

Not a recruitment service or job agency. Through this service the intention at EmpoweredProfessionals is to support ‘Job Seekers’ to secure a job faster and help build a stronger Canadian economy.

This service is offered to ‘Job Seekers’ based in Canada and immigrants planning to move to Canada.

The EmpoweredProfessionals offer:

• Free Listing on ‘The Career Network’: Professional bio on the Canadian Career network.
  Video Resume:  Professional team will create a unique video resume for your clients to stand out from the rest of the candidates.
• Share Your Page:  Option to share the professional page with recruiters or potential employers directly when applying for a job to give them a competitive edge over other candidates.
• Secure Professional Page:  Professional Profile will be Password Protected. Their profile can be accessed by them, people they share the page with and Employers/Recruiters looking for Candidates on our Career Network.

Job Seekers based in Canada: https://lnkd.in/euGZaE7

Job Seekers Immigrating to Canada: https://lnkd.in/eGA4GzUA

The post Pilkington Immigration Law partners with EmpoweredProfessionals – An online career platform for job seekers to find employment faster in Canada! first appeared on Pilkington Immigration - Ottawa, ON.

Guelph, ON – The IRCC has announced that on May 6th, 2021 a new pathway to permanent residency opens up, allowing 90,000 applications under 3 streams:

1. 20,000 applications for temporary workers in health care;
2. 30,000 applications for temporary workers in other selected essential occupations;
3. 40,000 applications for international students who graduated from a Canadian institution.

Designed to help boost support in the fight against the pandemic and aid in the economic recovery, the new stream is designed for those who are already living in Canada, and who currently have the proper skills and experience required.

Ideal candidates will be those working in hospitals, long-term care units, front line workers in other essential sectors, plus international graduates.

Eligibility:

• 1 year of Canadian work experience in a healthcare role or other approved essential occupations (up to 95!). For further details refer to IRCC website and search “Annex B – Other Eligible Essential Occupations”.
• International graduates to have completed a post-secondary program in the past 4 years from a Canadian institution, and no earlier than January 2017.

The streams to remain open until November 5th, 2021 or could close earlier if the 90,000 target is reached.

The post Canadian Immigration Opportunity for 90,000: International Graduates, and Temporary Workers first appeared on Pilkington Immigration - Ottawa, ON.

By Staff:

(Guelph, ON) – After the February 13, 2021 draw invited all candidates in the Express Entry pool – some as low as 75 points – the Express Entry pool remains wide open as another 5,000 candidates were nominated on April 1, 2021, with some as few as 432 points in the Canada Experience Class.

This was the third-lowest number ever in the Express Entry pool, which underscores the eagerness of the federal government to nominate Express Entry candidates for permanent residence and makes this an ideal program for those wishing to apply for permanent residence.

Canada’s border is still closed to non-essential international travel, but at the same time, the government still needs to welcome high numbers of new permanent residents. This is because the current government set an ambitious target to welcome 401,000 new immigrants in 2021, with economic class immigrants set to arrive mostly through Express Entry-managed programs.

To meet these targets amid travel restrictions, IRCC has been holding program-specific draws that target candidates who are likely already in the country. CEC candidates need at least one year of full-time work experience in a skilled occupation, so it is likely they are already in Canada when they submit their Express Entry profiles. IRCC previously reported that about 90 per cent of CEC candidates are in Canada.

The post Express Entry score requirements remain low first appeared on Pilkington Immigration - Ottawa, ON.

If you are looking for an immigration lawyer in Brampton and surrounding area, look no further than the Pilkington Law Firm.  We offer local representation to clients who are facing a range of immigration issues.  When you work with us, a member of our staff will provide thorough answers to your questions and help ease your fears and concerns.

We maintain a welcoming office environment where our clients receive private and confidential legal advice.  Whether you are dealing with a Canadian or an American immigration issue, our lawyer can personally assist you with every phase of your case.  We also offer:

Flexible appointment times

Assistance with business immigration issues

Serving Brampton and the surrounding area, the Pilkington Law Firm has decades of immigration experience.  When you hire a lawyer from our firm, you can expect personal attention in your case.  We will work our hardest to help you achieve a favourable outcome.  Schedule now and protect your rights.  We are available Monday through Sunday by appointment.

Pilkington Immigration Law
2 County Ct Blvd, Suite #400
Brampton, ON L6W 3W8

Call: 855-550-4752

www.bramptonlawyerimmigration.ca

The post NEW! Pilkington opens Brampton Office first appeared on Pilkington Immigration - Ottawa, ON.

(Ottawa, ON) – Canada’s immigration department nonimated every single person in the Express Entry pool who was eligible for the Canadian Experience Class (CEC) was invited to apply for permanent residence on February 13.

In total, 27,332 CEC candidates to apply, which is nearly six times more Invitations to Apply (ITAs) issued than the previous record of 5,000. The Comprehensive Ranking System (CRS) cut off was 75, another record-smasher, although the average CRS score of invited candidates was 415, IRCC said.

The tie-break rule was reported as an administrative requirement but IRCC did not actually use it, according to a spokesperson. This means that there was no CEC-eligible candidate in the pool with a score of 75 or lower who submitted their profile before September 12, 2020.

It is too early to say if the massive draw has caused an uptick in the number of new Express Entry profiles, especially for people who are in Canada and may be eligible for the CEC. Canada is prioritizing candidates who are already in Canada, due to the high immigration targets and travel restrictions. Furthermore, the government recognizes that Canada still needs immigrants to help grow the population.

Before the pandemic, it was well-documented that Canada would need to look to immigration in order to sustain population growth, and make sure that there were enough workers in the labour market to fill the gaps left by retiring baby boomers.

“Immigration remains crucial to addressing Canada’s longstanding demographic challenges and labour market shortages, especially during the pandemic,” an IRCC spokesperson said in an email. “While travel restrictions remain in place to protect the health and safety of Canadians, IRCC is exploring new ways for those who have already been hard at work in Canada to stay permanently.”

​For more information on Express Entry please see here.

https://www.guelphimmigrationlaw.ca/express-entry

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(Ottawa, ON) – Minister Mendicino announced that Hong Kong residents will be able to apply for new open work permits beginning on February 8, 2021. Valid for up to 3 years, these permits will allow Hong Kong residents to gain valuable employment experience and make significant contributions to Canada. Hong Kong residents must have graduated with a Canadian post-secondary diploma or degree in the last 5 years, or hold an equivalent foreign credential. A post-secondary diploma program must be a minimum of 2 years.

“The launch of the Hong Kong immigration pathway is a historic initiative that will attract young, talented and experienced graduates who will help to drive Canada’s economy forward,” said Mendocino. “With flexible open work permits and a fast-track to permanent residency, skilled Hong Kong residents will have a unique opportunity to develop their careers and help accelerate Canada’s economic recovery. This is a landmark immigration initiative that will strengthen our economy and will deepen the ties between Canada and the people of Hong Kong.”

Hong Kong residents currently in Canada temporarily, including visitors, students and workers, can apply online from within Canada. Those applying from abroad remain subject to current travel restrictions and may not be able to come to Canada at this time, unless they have a job offer or meet a travel exemption and comply with all public health requirements. More details will be available on the IRCC website on the launch date.

In addition to open work permits, the Government of Canada continues to implement 2 other pathways to permanent residence for young Hong Kong residents, which will be available later this year. The first will be for Hong Kong residents with at least 1 year of work experience in Canada and who meet the language and education criteria. The second will be for Hong Kong residents who have graduated from a post-secondary institution in Canada; who can then apply directly for permanent residence.

Given the uncertainty facing Hong Kong residents and the long ties between Canada and that region this initiative will provide a valuable pathway for Hong Kong residents wishing to permanently immigrate to Canada in the near future.

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