C16 Francophone Mobility Work Permit

C16 Francophone Mobility Work Permit

Becoming a Canadian citizen is a significant milestone, offering individuals the full rights and privileges of being a member of Canadian society, including the right to vote, access to a Canadian passport, and protection under Canadian law. At Kahlon Law Office, we provide expert legal assistance to guide you through the complexities of the citizenship application process, ensuring accuracy, efficiency, and compliance with legal requirements.

What are the eligibility requirements for Canadian citizenship?

To apply for Canadian citizenship, an applicant must meet the following key requirements:

  • Permanent Resident Status – The applicant must hold valid permanent resident (PR) status, free from any unresolved immigration or admissibility issues.
  • Physical Presence in Canada – The applicant must have resided in Canada for at least 1,095 days (three years) within the five years preceding the application.
  • Income Tax Compliance – Personal income taxes must have been filed for at least three years within the five-year eligibility period, if required under the Income Tax Act.
  • Language Proficiency – Applicants aged 18 to 54 must demonstrate adequate knowledge of English or French by providing recognized language test results, academic transcripts, or government-funded language training certification.
  • Knowledge of Canada – Applicants aged 18 to 54 must pass the Canadian citizenship test, assessing knowledge of Canada’s history, geography, government, and rights and responsibilities of citizenship.
  • Good Character and No Criminal Prohibitions – Certain criminal convictions, ongoing criminal proceedings, or removal orders may render an applicant ineligible for citizenship.

What is the citizenship application process?

Step 1: Prepare and Submit Your Application:

Applicants must submit a complete application, including the required forms, supporting documents, and the appropriate fees. The application can be filed online or on paper, depending on the applicant's circumstances.

Step 2: Application Review and Processing:

Immigration, Refugees and Citizenship Canada (IRCC) reviews applications to ensure all eligibility criteria are met. Incomplete applications will be returned, delaying the process.

Step 3: Citizenship Test and Interview (if applicable):

Eligible applicants between 18 and 54 years old must take a citizenship test, typically scheduled within months of application submission. If there are concerns regarding the applicant’s eligibility, an interview with a citizenship officer may be required.

Step 4: Decision on Application:

Following a successful test and review, IRCC may approve the application. In cases of ineligibility, misrepresentation, or failure to meet the requirements, the application may be refused.

Step 5: Oath of Citizenship Ceremony:

Approved applicants must attend a citizenship ceremony, take the Oath of Citizenship, and receive their Canadian Citizenship Certificate. The oath signifies their commitment to upholding Canadian values and laws.

Is there a process for expedited citizenship processing?

In limited circumstances, IRCC may expedite processing if citizenship is urgently required for employment, travel for family emergencies, or other exceptional reasons. Supporting documentation is necessary to request urgent processing.

What is the judicial review process for citizenship refusals?

If a citizenship application is refused, applicants may seek a judicial review at the Federal Court of Canada. Our legal team at Kahlon Law Office can assess the merits of your case and provide strategic representation to challenge refusals based on legal errors or procedural fairness violations.

What are the recent case law developments regarding citizenship?

Recent Federal Court decisions have reinforced the importance of providing clear and consistent evidence of residency and language proficiency. In Singh v. Canada (2023 FC 874), the court emphasized the significance of maintaining travel records to substantiate physical presence claims. Similarly, in Kumar v. Canada (2024 FC 1125), the court ruled that IRCC must provide fair consideration to applicants who face exceptional hardships in meeting language requirements. These cases highlight the necessity of thorough documentation and legal guidance in citizenship applications.

Why choose Kahlon Law Office for your citizenship application?

Navigating the citizenship process can be complex, with strict documentation requirements and potential legal hurdles. At Kahlon Law Office, we provide personalized legal support to:

  • Assess your eligibility and strengthen your application.
  • Address concerns related to physical presence, language skills, and admissibility.
  • Respond to procedural fairness letters and challenges raised by IRCC.
  • Represent clients in citizenship appeals and judicial reviews.

If you are considering applying for Canadian citizenship or have encountered challenges in the process, we invite you to contact Kahlon Law Office for professional legal assistance.

Canada’s International Mobility Program (IMP) provides a streamlined pathway for foreign workers through various Labour Market Impact Assessment (LMIA) exemptions. One of the key exemptions under paragraph 204(c) of the Immigration and Refugee Protection Regulations (IRPR) is the T13 exemption, which applies to foreign nationals who have been nominated by a Canadian province or territory (excluding Quebec) for permanent residence. This provision allows them to secure a work permit without the need for an LMIA, enabling them to begin employment while their permanent residence application is being processed.

What is the eligibility for T13 LMIA-Exempt work permit?

To qualify for a T13 LMIA-exempt work permit, applicants must meet the following criteria:

  • Valid Provincial Nomination – The applicant must have a valid nomination from a province (excluding Quebec) for permanent residence or proof that they applied for permanent residence before the nomination expired.
  • Job Offer from a Provincial Employer – The foreign worker must have a legitimate, full-time job offer from an employer based in the nominating province.
  • LMIA-exempt Offer of Employment – The employer must submit the job offer through the Employer Portal and pay the employer compliance fee.
  • Provincial Support Letter – A letter from the province confirming the urgent requirement of the foreign national to commence employment before obtaining permanent residence.

What documents do you need to apply for a T13 work permit?

To qualify for a T13 LMIA-exempt work permit, applicants must meet the following criteria:

  • Valid Provincial Nomination – The applicant must have a valid nomination from a province (excluding Quebec) for permanent residence or proof that they applied for permanent residence before the nomination expired.
  • Job Offer from a Provincial Employer – The foreign worker must have a legitimate, full-time job offer from an employer based in the nominating province.
  • LMIA-exempt Offer of Employment – The employer must submit the job offer through the Employer Portal and pay the employer compliance fee.
  • Provincial Support Letter – A letter from the province confirming the urgent requirement of the foreign national to commence employment before obtaining permanent residence.

What is the duration of a T13 work permit, and how can you extend it?

The initial work permit is typically issued for up to three years or until the passport’s expiry, whichever comes first

Extension of Work Permit:

  • If the same employer is retained, a new provincial nomination is not required, but a new offer of employment must be submitted.
  • If changing employers, a new provincial support letter and a new offer of employment are required.
  • If no permanent residence application was submitted before nomination expiry, a new nomination certificate is needed.

Can your spouse or dependents apply for an open work permit?

The spouse or common-law partner of a provincial nominee may apply for an open work permit under administrative code C41, exempt from LMIA requirements. However, dependent children are not eligible under this exemption and must apply separately if they meet eligibility criteria.

How can Kahlon Law Office assist you?

Navigating the T13 LMIA-exempt work permit process requires precision and expertise. At Kahlon Law Office, we provide personalized legal guidance to:

  •  Assess your eligibility and ensure all documentation meets IRCC requirements.
  •  Assist in obtaining and reviewing provincial support letters and employer compliance submissions.
  •  Prepare strong legal submissions to maximize approval chances.
  •  Handle refusals and appeals, if necessary.