Canada can be the new home for Dreamers – Apply for permanent residence in Canada

While the Supreme Court’s ruling has given the Dreamers a lease of life by temporary setting aside President Trump’s March 5 deadline for Congress to formulate a way out for them, the uneasiness continues as no one knows what future holds. Arrived in the United States as children, these illegal immigrants can continue to renew their Deferred Action for Childhood Arrivals (DACA) as a result of the reprieve granted by the apex court. However, most of them are looking for options.

Canada can be your permanent residence

 Some, if not all dreamers, can take advantage of the Canadian Express Entry Federal Skilled Worker Program under which candidates in their 20s with the ability to read, write, speak excellent English and possess a year of post-graduate work experience along with a master’s degree can get invitation to apply to settle permanently in Canada. If you are married, scoring will be done on a combined spousal basis. Applicants who manage to score 446 or more are invited to apply by the Canadian Federal government. So, if you are able to get enough points needed to become eligible to be considered for permanent residence in Canada, according to the program advertisement, your application will be processed within six months. All you need is the right qualifications, and you could step in Canada for good.

Things you would need before applying for Canada Visa

The selection process involves an English Language Test and evaluation of the credentials by a standard evaluation service such as World Educational Services (WES). Before you begin with the Express Entry program, you have got these two things done as you would need them to post your profile on the website. The English Test is compulsory even if you have been to a US college where the medium of education was English. Applicants can write the English test at centers located in US. It is a General test and not an academic one.  

Legal issues that Dreamers face

 There is one problem that Dreamers may face and that lies in Section 11 of the regulations under the Immigration and Refugee Protection Act of Canada. Under this section, the applicant should have entered their current country of residence legally. The Dreamers, who entered US legally but continued to stay beyond the date mentioned in their visa, will have no problem in presenting themselves as candidates for permanent resident. However, most Dreamers are barred from making the application because they are defined as illegal immigrants. This key regulation is usually missed by most articles 

According to immigration experts, the Dreamers will have to get back to their country of origin to get immigration visa if they wish to enter Canada, however, keeping in mind that they have a fair chance of being accepted under the Express Entry. It is possible to get direct entry,  in case an applicant is able to get their case considered as an exception under Section 25 of the Canadian Consulate in the United States. This may not be too difficult for Dreamers of Mexican origin. However, for others, the process can become a complicated one if they have to make their way to Canada through their country of origin. 

No need to leave US under the new program- Canada can be new home for dreamers

 However, there is very little chance that Dreamers applying under Express Entry will be interviewed. Earlier, in few cases, interviews were taken under Federal Skilled Worker, but under the Express Entry system, immigration officials of Canada would usually avoid interviewing applicants. Also, applicants are required to send their passport by mail to get their permanent residence visa to Canada, which means they don’t need to leave US. This allows them to avoid major problems that can arise if they fail to qualify for permanent residence in Canada, after they have already left US. 

If at all the Canadian immigration officials think that interview is necessary, they would transfer the interview to US if the candidate has lived for the most of their lives in US. But the decision to transfer the interview to US lies with the visa officer. 

What happens in rare cases where dreamers are to get deported?

 In a rare case, if an interview is required, a Dreamer can communicate with the Canadian Consulate that they are taking a lot of risk by leaving US to get the Permanent residence visa to Canada. This is necessary to make sure that the officials in the Canadian Consulate treat them fairly and lets them know of any possible problems that may arise, before they leave US.

So, if you can be confident that you will be to able to get the points needed to make it Canada, Express Entry programme can put an end to your worries and lead you to a secure future in the land of opportunities.

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Raima Sen

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