Navigating the Immigration Process: How a Toronto Immigration Lawyer Can Help

The complexity of Canada’s immigration laws can make it difficult to navigate the process. Luckily, a Toronto immigration lawyer is there to guide you. Governed primarily by the Immigration and Refugee Protection Act (IRPA), the process ranges from economic immigration and family sponsorship to refugee protection. Given their intricate nature and constant updates, understanding these laws is best achieved with the help of an experienced legal professional.

Why Hire an Immigration Lawyer?

You may ask, why is it essential to have an immigration lawyer? The complexity of immigration laws is a major reason. Mistakes in applications or misunderstood requirements can lead to delays or rejections. This jeopardizes your chances of successful immigration.

An immigration lawyer provides guidance to help you navigate the complex legal framework. They ensure applications are filled out correctly, advise on the best immigration program for your circumstances, and effectively represent you in any legal proceedings.

The Role of an Immigration Lawyer in Toronto

So, what does an immigration lawyer in Toronto do? They take on multiple roles to assist clients with their immigration journey. They explain immigration laws and procedures, help with immigration applications, liaise with Immigration, Refugees and Citizenship Canada (IRCC), and represent clients in legal proceedings. These might include hearings before the Immigration and Refugee Board (IRB).

Staying current with changes in immigration law and policy is also part of their job. This ensures their advice reflects the latest rules and regulations. Having an experienced Toronto immigration lawyer can make the process more efficient and less daunting.

How KR Law Firm Assists in the Immigration Process

What about the immigration process in Canada? It involves multiple steps. You start by selecting the most suitable immigration pathway (like Express Entry, Provincial Nominee Program, or Family Class Sponsorship). Then you prepare your application, respond to IRCC communications, and prepare for arrival in Canada.

At KR Law Firm, we have a team of experienced immigration lawyers in Toronto. They are committed to guiding clients through this process. We help make the process understandable and straightforward. We ensure you understand your options and what’s required at each step. Our lawyers provide personalized service, starting from the initial consultation to the final decision on your application.

KR Law Firm’s Goal

Our goal at KR Law Firm is to make the immigration process less stressful. We want to increase the likelihood of a successful outcome. With our expertise and dedication, we’ll guide you through every step of your journey to immigrating to Canada.

If you require assistance with your immigration matter, book your free consultation or contact us. 

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By Kaveh Rezaei – Attorney at KR Law Firm

**Disclaimer 

This article contains information of a general nature only and does not constitute legal advice. All legal matters have their own specific and unique facts and will differ from each other. If you have a specific legal question, it may be appropriate to seek the services of a lawyer. 

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Everything to Know about Canadian Study Permits

A Canadian study permit is a legal document that allows foreign nationals to study at a designated educational institution in Canada. Except for a few exceptions, all foreign students must possess a Canadian study permit to legally study in Canada, be it primary, secondary, college, university, or any other program.

Designated Learning Institutions

To be issued a study permit, foreign students must provide proof that they will be studying at a Designated Learning Institution (“DLI”) recognized by the Canadian government.

DLIs are schools that have been given the green light by the Canadian government to admit foreign students into their programs. All primary and secondary schools in Canada are DLIs and are able to enroll students from other countries. However, not all post-secondary education institutions are DLIs, so it is important to check the Canadian government’s list of DLIs before applying for a study permit.

Expiration of your Study Permit

The length of the study program at the time of application determines the study permit’s validity. Changes in the program or a shift to a program of longer duration would necessitate an extension of the study permit. The study permit expires 90 days after the student finishes their studies, irrespective of the permit’s date. So, before this deadline, the foreign national must either leave Canada or apply for an extension. Many graduates choose to apply for a Post-Graduate Work Permit. If approved, this permit allows them to stay and work in Canada.

Study Permit Holder’s Responsibilities in Canada

Upon arrival in Canada, foreign students holding a study permit must follow certain requirements. These include:

  • Maintaining enrollment and regular attendance at a DLI.
  • Making continuous progress in their program of study.
  • Adhering to the conditions listed on their study permit.
  • Ending their studies if they fail to meet the requirements.
  • Exiting Canada before the permit’s expiration.

Eligibility Requirements: 

To be eligible for a Canadian study permit, you must have a valid acceptance letter from a DLI in Canada and meet certain other requirements. These include:

  • Holding a valid passport or other travel documents.
  • Demonstrating enough funds to cover student fees and living expenses for the first year.
  • Providing proof of liquid funds under the applicant, spouse, family member, or close friend’s name.
  • Depending on the individual case, a medical examination and police clearance certificates may be required.

Studying in Canada Without a Study Permit

In some scenarios, a foreign national doesn’t need a study permit to study in Canada. This applies to:

  • Study programs that last 6 months or less. In such cases, individuals can complete the course as long as they have a legal entry status into Canada, often through a visitor or tourist visa. But, if the course is part of a longer program or the completion will take more than 6 months, they need to apply for a stay extension.
  • Minor children in Canada as refugees or those with parents who are refugees or refugee claimants, who don’t need a study permit for schooling.
  • If a parent has the legal authorization to work or study in Canada, their minor children can attend preschool, primary, or secondary school without a study permit.

Changing Field of Study in Canada

If a student decides to change their field of study or educational institution in Canada, they might not need a new study permit. This applies if the current permit doesn’t specify the field of study or institution. However, if the permit does include this information, it requires updating before starting a new course or school. Also, moving from one educational level to another, like from primary to high school or high school to university, would necessitate a change in the study permit.

Post-Graduate Work Permit program

Graduates from Canadian DLIs might qualify to apply for an open work permit via the Post-Graduate Work Permit program. However, not all programs at DLIs qualify, so it’s crucial to check your program’s eligibility.

Gaining work experience in Canada can enhance your chances of securing permanent residency through the Express Entry’s Canadian Experience Class program. Students graduating from one educational level can apply for a new program and study permit for another level. Depending on their qualifications, they might also qualify for direct permanent residence via the Federal Skilled Worker or Provincial Nomination Programs.

Navigating the process of obtaining a Canadian study permit can feel daunting. Our expert team is ready to assist you every step of the way. We can walk you through the application process and clarify the terms and conditions of your study permit.

Contact us to schedule your free consultation. We’re committed to making your journey to study in Canada as seamless and worry-free as possible.

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By Kaveh Rezaei – Attorney at KR Law Firm

Disclaimer

This article contains information of a general nature only and does not constitute legal advice. All legal matters have their own specific and unique facts and will differ from each other. If you have a specific legal question, it may be appropriate to seek the services of a lawyer.

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Express Entry Draw #238

Snapshot of Canada Express Entry Draw #238 with the date, number of invitations to apply issued, and minimum CRS (Comprehensive Ranking System) requirement, as highlighted in KR Law Firm's blog post

In a surprise draw, Canada held its second Express Entry draw of 2023 on January 18, 2023, making it the second in two consecutive weeks. 

In draw #238, the Canadian government issued 5,500 Invitations to Apply (ITA) for permanent residence, with a minimum Comprehensive Ranking System (CRS) score of 490. 

The draw was non-specified, meaning that candidates were chosen from the Federal Skilled Worker Program (FSWP), Federal Skilled Trades Program (FSTP), and Canadian Experience Class (CEC). Non-specified draws are intended to focus on the most highly-skilled candidates, regardless of which program they are eligible for. 

In Express Entry draws, candidates are ranked based on their CRS score, which takes into account factors such as age, education, work experience, and language proficiency. The highest-ranking candidates are then invited to apply for permanent residence.

The minimum CRS score of 490 was a drop of 17 points from the 507 CRS score in the last draw that was held on January 11, 2023. 

This was also the second consecutive week with 5,500 ITAs being issued, making January 2023 the quickest start in a year to the Express Entry since its launch in 2015, showing the Canadian government’s intention to bring more skilled immigrants to Canada in 2023. 

2023-2025 Immigration Targets 

As Canada faces labour shortages, it plans to bring 1.4 million immigrants to Canada in the next three years to fill these shortages.

The 2023-2025 plan holds the role of immigration as a strategy to help businesses find workers and fill labour shortages in various sectors such as health care, skilled trades, manufacturing, and technology. 

Express Entry draws will be crucial in helping Canada reach these targets and welcome skilled foreign workers to Canada. 

To have our lawyers review your eligibility for Canada Immigration, click on the following link to fill out our assessment form or contact us to receive your FREE initial consultation. 

We are here to make your immigration dream a reality with our professional immigration lawyers!

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Express Entry Draw #237

Snapshot of Canada Express Entry Draw #237 with the date, number of invitations to apply issued, and minimum CRS (Comprehensive Ranking System) requirement, as highlighted in KR Law Firm's blog post

Canada held its first Express Entry draw of 2023 on January 11, 2023, the first draw since November 23, 2022. 

The Canadian government issued 5,500 Invitations to Apply (ITA) for permanent residence, with a minimum Comprehensive Ranking System (CRS) score of 507. 

The draw was non-specified, meaning that candidates were chosen from the Federal Skilled Worker Program (FSWP), Federal Skilled Trades Program (FSTP) and Canadian Experience Class (CEC).

Non-specified draws are intended to focus on the most highly-skilled candidates, regardless of which program they are eligible for. 

Candidates are ranked based on their CRS score, which takes into account factors such as age, education, work experience, and language proficiency. The highest-ranking candidates are then invited to apply for permanent residence.

In 2022, there was a gradual decrease in CRS scores to 491. The increase to 507 in this draw is likely due to the accumulation of applications while the draws were paused from November 23, 2022, to January 11, 2023. 

Also, 750 more ITA’s were issued in this draw than in the last draw held on November 23, 2022.  

New 2023-2025 Immigration Targets 

As Canada faces labour shortages, it plans to bring 1.4 million immigrants to Canada in the next three years to fill these shortages.

The 2023-2025 plan holds the role of immigration as a strategy to help businesses find workers and fill labour shortages in various sectors such as health care, skilled trades, manufacturing and technology. 

Express Entry draws will be crucial in helping Canada reach these targets and welcome skilled foreign workers to Canada. 

To have our lawyers review your eligibility for Canada Immigration, click on the following link to fill out our assessment form or contact us to receive your FREE initial consultation. 

We are here to make your immigration dream a reality with our professional immigration lawyers!

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How your Business can Hire Through the TFW Program

Online job interview for hiring through the TFW (Temporary Foreign Worker) Program, as explained in KR Law Firm's blog post on how businesses can hire through the program

The Temporary Foreign Worker (TFW) Program is an initiative by the Canadian government that enables Canadian businesses to temporarily employ foreign workers, bridging labour gaps across sectors.

Administered jointly by Immigration, Refugees and Citizenship Canada (IRCC), Canada Border Services Agency (CBSA), and Employment and Social Development Canada (ESDC), the program has several categories. Workers can come to Canada for roles ranging from high-skilled professions, low-skilled jobs, to seasonal agricultural work.

Before tapping into this pool of talent, businesses need to secure a labour market impact assessment (LMIA) from ESDC. This pivotal assessment gauges the availability of Canadian workers for the role in question and evaluates the potential repercussions of hiring overseas on the Canadian workforce.

For businesses interested in the TFW Program, here’s a simplified roadmap:

  1. Identifying Labour Needs: Initially, verify that there’s a genuine lack of Canadian talent for the role, warranting an international hire.
  2. Securing an LMIA: Apply for an LMIA via ESDC to determine the potential influence of your foreign hire on local employment dynamics.
  3. Onboarding Foreign Talent: Post a favorable LMIA outcome, kickstart your global recruitment, which entails promoting the role and sifting through global applications.
  4. Work Permit Application: Having pinpointed your ideal foreign candidate, they must now petition for a work permit via the IRCC. This is coupled with other prerequisites like visa procurement and medical evaluations.
  5. Welcoming the Worker: Once the work permit gets the green light, the overseas worker can commence their professional journey in Canada, abiding by their work permit’s stipulations such as employment duration and job specifics.

However, businesses need to tread carefully. Breaching the TFW Program’s regulations can lead to severe consequences, including LMIA revocation, hefty fines, program exclusion, and harm to the company’s reputation.

Given the intricacies of the TFW Program, it’s crucial for businesses and foreign workers alike to grasp their rights and duties within this framework, ensuring fruitful collaborations.

KR Law Firm’s Goal

Our goal at KR Law Firm is to simplify the complexities of the Temporary Foreign Worker (TFW) Program. We aim to increase the chances of a successful hiring process for Canadian businesses. With our in-depth knowledge of Canadian immigration laws and dedication, we’ll guide you through every facet of the TFW Program.

If you’re a Canadian business interested in the TFW Program or require assistance with related matters, book your free consultation or contact us.

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By Kaveh Rezaei – Attorney at KR Law Firm

**Disclaimer

This article provides general information about the TFW Program and does not constitute legal advice. Each case may have its specific nuances. If you have particular legal queries, consulting a lawyer might be beneficial.

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LMIA Process for Canadian Businesses

Aerial view of buildings with shadows of people and workers, representing the LMIA (Labour Market Impact Assessment) process for Canadian businesses.

The Labour Market Impact Assessment (LMIA) is pivotal when assessing the repercussions of hiring a foreign worker on the Canadian labour market. Managed by Employment and Social Development Canada (ESDC), the LMIA is designed to ascertain that the recruitment of foreign personnel aligns with the Canadian labour market’s best interests. It also verifies that such hires don’t adversely affect the Canadian workforce’s wages and conditions, especially in analogous roles.

Diving into the LMIA Process:

  1. Job Offer Submission: Businesses should first dispatch a comprehensive job offer to the ESDC. This proposal should encapsulate details about the vacancy, the establishment, and endeavours made to recruit Canadian citizens for the role.
  2. Position Advertising: The vacancy must be made known to Canadians. This can be achieved through strategies like featuring the job on the official Job Bank website or promoting it through local media channels.
  3. Application of LMIA: Here, businesses need to complete the LMIA form, reiterating details about the vacancy, the business, and the initiatives taken to employ Canadians.
  4. ESDC Officer’s Review: A dedicated officer from the ESDC evaluates the LMIA application. Their assessment focuses on the potential implications of recruiting a foreign worker. Aspects like wages, working conditions in comparable Canadian roles, and the enterprise’s commitment to hiring Canadians are key considerations.
  5. Final Decision and Correspondence: Post-assessment, the ESDC officer finalizes the LMIA application’s status and communicates the result to the business. If the LMIA gets the nod, businesses can then progress with the work permit application for their foreign candidate.

A Point to Note

The intricacies of the LMIA process require patience and precision. Thus, businesses must furnish every requisite detail meticulously. Any oversight or misuse of this system can lead to repercussions like fines or other stringent measures.

The Essence of the LMIA Process in Canadian Business Landscape

The LMIA process stands as a beacon ensuring that Canadian businesses recruit foreign talents in a manner that fortifies the local labour market. By religiously adhering to LMIA guidelines and prerequisites, businesses can on-board foreign talents seamlessly, paving the way for a rich, diverse, and globally-inclined Canadian workforce.

Navigating the LMIA Process with KR Law Firm:

For Canadian enterprises considering the integration of foreign professionals, the nuances of the LMIA process can be intricate. At KR Law Firm, our seasoned legal team specializes in Canadian immigration regulations and is adept at facilitating the successful acquisition of an LMIA. To discuss how we can assist your business in these endeavors, please contact us to schedule your free consultation.

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By Kaveh Rezaei – Attorney at KR Law Firm

Disclaimer

This article contains information of a general nature only and does not constitute legal advice. All legal matters have their own specific and unique facts and will differ from each other. If you have a specific legal question, it may be appropriate to seek the services of a lawyer.

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How can Canadian Businesses Hire Foreign Workers with an LMIA?

Four engineers wearing safety hats, symbolizing Canadian businesses hiring foreign workers with an LMIA (Labour Market Impact Assessment), looking up with a focus on the future.

Hiring foreign workers can be an effective solution for Canadian businesses looking to infuse new skills and global perspectives into their operations. Nonetheless, navigating the legal maze to hire non-Canadian talent involves a pivotal step: obtaining the Labour Market Impact Assessment (LMIA) from the Canadian government.

Why is the LMIA crucial?

The Canadian LMIA is a robust mechanism to ensure that any foreign recruitment aligns with the broader interests of the Canadian labour market. Primarily, this process guarantees Canadian citizens the first shot at available job opportunities. Moreover, it safeguards against any potential adverse effects that foreign employment might bring upon local labour conditions.

Employment and Social Development Canada (ESDC) is the agency at the helm of the LMIA process, ensuring its stringent guidelines are upheld. Employers must wear their diligence hats – proving their recruitment efforts prioritized Canadians and that no suitable local candidate could be found. Additionally, they must illustrate that the potential foreign recruit will not inadvertently undermine the wages or working conditions of Canadians in similar roles.

LMIA: The Step-by-Step Breakdown

  1. Job Offer Submission: This involves sending a detailed job proposition to ESDC, encapsulating the job’s nature, company background, and efforts taken to recruit Canadians.
  2. Job Advertising: Employers must broadcast the job vacancy, ensuring it reaches a broad spectrum of Canadians. This usually includes postings on government-sanctioned platforms like the Job Bank website and other local media outlets.
  3. LMIA Application: A comprehensive application needs to be submitted to ESDC, elaborating on the recruitment efforts and justifying the need for foreign talent.

Post-application, an ESDC officer dives deep into the details, analyzing the potential ramifications of hiring the foreign applicant on the local labour market. An affirmative LMIA outcome paves the way for the employer to proceed with the foreign worker’s work permit application.

However, this journey is fraught with complexities. An incomplete application or one lacking in solid evidence can lead to unfavorable outcomes. Stringent checks are in place, and erring employers might find themselves grappling with financial penalties or even stringent punitive measures.

The Verdict

The LMIA, while seemingly daunting, is a testament to Canada’s commitment to protecting its workforce. It ensures a harmonious blend of local and foreign talent, driving businesses forward while respecting local employment sentiments. For Canadian businesses keen on tapping into global talent pools, mastering the LMIA process is non-negotiable.

Embarking on the LMIA Journey? We’re Here to Assist

If you are a Canadian business interested in hiring foreign workers, our lawyers can assist you in navigating Canadian immigration laws and regulations and help your business in obtaining an LMIA. Contact us to receive your free initial consultation.

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By Kaveh Rezaei – Attorney at KR Law Firm

**Disclaimer

This article provides general information about the TFW Program and does not constitute legal advice. Each case may have its specific nuances. If you have particular legal queries, consulting a lawyer might be beneficial.

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Common Mistakes Made by Applicants on Express Entry Applications

Smiling woman with a Canada flag in the background, representing common mistakes made by applicants on Express Entry applications

As Express Entry applications are now done online, applicants no longer get letters from the Immigration, Refugees and Citizenship Canada (“IRCC“) asking them to correct the mistakes on their applications. For this reason, errors or omissions made by applicants can result in the automatic rejection of their Express Entry applications.

Below are some of the most common mistakes we see made by applicants on their Express Entry applications that you should avoid:

1) Choosing a primary NOC code on their Express Entry profile for which they have less than a year of continuous full-time experience

If you choose a primary NOC code on your Express Entry application for which you have less than one year of continuous full-time experience (30 hours/week), it will result in an automatic rejection of your Express Entry application. You should choose a primary NOC code that you can prove you have at least one year of professional, full-time work experience in the last ten years. 

2) Submitting employment reference letters that do not show all the required details 

Employment reference letters need to demonstrate the following details: 

  1. Your official job title
  2. Your salary
  3. Dates of your employment with the company
  4. Average hours per week that you work
  5. A detailed list of your duties 

If your employment reference letter does not indicate one or more of the abovementioned requirements, you should provide as many supporting documents as possible to establish the requirements to the immigration officer reviewing your case. For example, if your employment reference letter does not mention your salary, you should provide payslips to prove your salary. Ultimately, the more supporting documents you can provide, the stronger your application will be.

3) Misrepresentation on applications 

The IRCC treats false information and fake documentation very seriously. Misrepresentation on your Express Entry application can result in the refusal of your application and a ban from entering Canada for at least five years. 

It is always best to be as honest as possible about the details of your application, including your education and career history, medical history and criminal record. It is also important to understand that not all medical issues or criminal records will result in your application being refused. If you are unsure about what is worth mentioning in your application, you should retain a lawyer to help you navigate the Express Entry process and help you avoid a finding of misrepresentation by the IRCC. 

Our lawyers can help you avoid mistakes and omissions on your Express Entry application and give you the best chance of success with your Canadian immigration application. 

To have our lawyers review your eligibility for Canadian immigration, click on the following link to fill out our assessment form and book your FREE initial consultation. 

We are here to make your immigration dream a reality with our team of professional immigration lawyers!

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By Kaveh Rezaei – Attorney at KR Law Firm

Disclaimer

This article contains information of a general nature only and does not constitute legal advice. All legal matters have their own specific and unique facts and will differ from each other. If you have a specific legal question, it may be appropriate to seek the services of a lawyer.

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Changes to Canada’s Express Entry System Coming in 2023

Perspective view of a person standing at Canada's border, looking down at their shoes with the Canadian flag in the foreground, representing the upcoming changes to Canada's Express Entry system in 2023.

With the Canadian government’s announcement of new immigration plans for 2023 to 2025, new versions of NOC codes, and the passing of Bill C-19, Canada’s Express Entry system will undergo some changes in 2023. 

Bill C-19 and Express Entry 

Express Entry is the most popular method of permanent immigration to Canada for skilled workers worldwide. The Express Entry system manages three main programs:

  • Federal Skilled Worker (FSW)
  • Federal Skilled Trades (FST)
  • Canadian Experience Class (CEC)

Canada recently passed Bill C-19, which will amend the Immigration Refugee Protection Act (IRPA) and bring changes to Canada’s Express Entry system.  

Bill C-19 will allow Express Entry applicants to be invited based on “groupings” set out by the Immigration, Refugees and Citizenship Canada (“IRCC”). This will allow the IRCC to begin conducting targeted draws to invite applicants based on occupation, education or language skills to fill specific labour shortages, such as in health care, construction, manufacturing and technology. These targeted Express Entry draws will likely begin in the first quarter of 2023. 

2023-2025 Canada Immigration Plans 

Canada has released its Immigration Levels Plan for 2023-2025. The Immigration Levels Plan is an immigration guide and sets out Canada’s immigration targets over the next three years. 

Under the new plan, immigration is seen as a tool to help manage Canada’s economic challenges in the next decade and address Canada’s labour shortages. 

Under the plan, Canada aims to welcome 465,000 new immigrants in 2023, 485,000 new immigrants in 2024 and 500,000 new immigrants in 2025. Under the plan, there will also be an increased focus on attracting immigrants to various regions of Canada, including small towns and rural communities, through the Provincial Nominee Program, the Atlantic Immigration Program, and the Rural and Northern Immigration Pilot.

To have our lawyers review your eligibility for Canada Immigration, click on the following link to fill out our assessment form and receive your FREE initial consultation.

We are here to make your immigration dream a reality with our team of professional immigration lawyers!

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By Kaveh Rezaei – Attorney at KR Law Firm

Disclaimer

This article contains information of a general nature only and does not constitute legal advice. All legal matters have their own specific and unique facts and will differ from each other. If you have a specific legal question, it may be appropriate to seek the services of a lawyer.

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Express Entry Draw #230

Snapshot of Canada Express Entry Draw #230 with the date, number of invitations to apply issued, and minimum CRS (Comprehensive Ranking System) requirement, as highlighted in KR Law Firm's blog post

The Immigration, Refugees and Citizenship Canada (IRCC) held another Express Entry draw on August 31, 2022. This is the IRCC’s fifth all-program Express Entry draw since July 2022.

The IRCC issued 2,750 Invitations to Apply (ITA) for permanent residence in this latest draw.
The minimum Comprehensive Ranking System score (CRS) was 516.

No program was specified for the draw, meaning that candidates from the Canadian Experience Class (CEC) and Federal Skilled Worker Program (FSWP) were invited.

This was the most significant increase in ITA’s since the all-program draw resumed in July, with 500 additional ITA’s being issued. The minimum CRS score marks a decline of 9 points compared to the previous draw held on August 17, 2022.

To have our lawyers review your eligibility for Canada Immigration, click on the following link to fill out our assessment form or contact us to receive your FREE initial consultation.

We are here to make your immigration dream a reality with our professional immigration lawyers!

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