Express Entry FAQ: Candidates

What Is Express Entry?

Express Entry is a system used by Citizenship and Immigration Canada to manage immigration applications for economic programs like the

  • Federal Skilled Worker Program,
  • Federal Skilled Trades Program,
  • Canadian Experience Class, and
  • Provincial Nominee Program.

Applicants first express their interest in immigrating to Canada and if eligible, enter the Express Entry pool where the federal and provincial governments and Canadian employers can select them. Selected candidates will receive an invitation to apply for immigration.

Express Entry speeds up the process for skilled immigrants who are likely to succeed in Canada based on their education, language skills and work experience.

Who Is Eligible To Participate In The Express Entry Programs?

To participate in the Express Entry programs, an individual must meet the eligibility criteria for at least one of the following economic immigration programs:

  • Federal Skilled Worker Program
  • Federal Skilled Trades Program
  • Canadian Experience Class
  • Some Provincial Nominee Programs

The eligibility criteria for each program can vary, but generally, an applicant must have:

  • Sufficient language proficiency in English or French
  • Sufficient work experience in a skilled occupation
  • Educational qualifications, such as a degree or diploma
  • Adequate settlement funds
  • A clean criminal record and good health

Meeting the eligibility criteria  an invitation to apply for permanent residence, as selection is based on various factors like age, education, work experience, language ability, and other factors.

When Will Express Entry Come Into Operation?

Express Entry comes into operation on January 1, 2015 and is applicable to the following four programs:

Federal Skilled Worker Program
Federal Skilled Trades Program
Canadian Experience Class
Portion of Provincial Nominee Program

Will Express Entry Change The Requirements For Immigration Programs?

Express Entry eligibility criteria for 2023 will remain like the current criteria. A new Expression of Interest (EOI) system will replace the Comprehensive Ranking System (CRS) to select candidates for invitation to apply. This new system will be faster and user-friendly. However, the minimum points required to obtain a Canada PR will increase due to a high number of applicants. (https://getgis.org/blog/changes-you-ca-expect-in-express-entry-in-2023)

What Is An Express Entry Profile?

Individuals interested in immigrating to Canada can submit an Expression of Interest (EOI) by creating an Express Entry profile, where they are required to provide information regarding their language proficiency, work experience, education, skills, and other personal details. It should be noted that the information provided in the profile is self-assessed, meaning that the candidate is responsible for assessing and providing accurate information about their personal details.

Is There A Fee To Create An Express Entry Profile?

No government fees are required to submit your initial Express Entry profile.

What Is The Express Entry Pool?

Individuals who are interested in immigrating to Canada through one of the country’s economic immigration programs can submit an Expression of Interest (EOI) by creating an Express Entry profile. If they are deemed eligible, their profile is added to the Express Entry pool. The programs that individuals may be eligible for include the Federal Skilled Worker Class, the Federal Skilled Trades Class, the Canadian Experience Class, and some categories of the Provincial Nominee Programs. Candidates in the pool may be selected for immigration by the federal and provincial governments, as well as Canadian employers. Those who are selected will receive an ‘Invitation to Apply’ (ITA) under one of the programs, allowing them to proceed with their immigration application to Canada.

Is There A Cap On The Number Of Candidates Admitted To The Express Entry Pool?

No, there isn’t.

What Is The Comprehensive Ranking System?

The Comprehensive Ranking System (CRS) is a points-based system used by the Canadian government to rank and select candidates for the Express Entry programs. The CRS assigns points to candidates based on various factors, such as their age, education, work experience, language ability, and other factors. The highest-ranked candidates are then invited to apply for permanent residence.

Under the CRS, candidates are awarded a maximum of 1,200 points. The system allocates points as follows:

  • Core human capital factors: maximum of 500 points
  • Spouse or common-law partner factors (if applicable): maximum of 40 points
  • Skill transferability factors: maximum of 100 points
  • Additional points for Canadian education, French language ability, and other factors: maximum of 600 points

The CRS is a critical tool for ensuring that Canada selects the most suitable candidates for permanent residence, based on their ability to integrate successfully into the Canadian labor market and society.

What Does ‘Invitation To Apply? Mean?

An “invitation to apply” is offered to selected candidates in the Express Entry pool by the Canadian federal government, a Canadian province or territory, or a Canadian employer. Candidates may receive an invitation if they rank high in the pool based on their skills, education, and experience, or if they have a provincial nomination or a valid job offer from a Canadian employer.

Are There Any Eligible Occupation Lists For Any Of The Programs Under Express Entry?

No, there are no eligible occupation list for any of the programs under Express Entry. However, to be eligible for any of the programs under Express Entry, candidates must have work experience in an occupation that falls under skill type 0, A, or B of the National Occupation Classification (NOC) code.

Can Candidates Use Both A Provincial Nominee Program And Express Entry?


Does Self-Employment Experience Count For Work Experience?

No, candidates cannot qualify for Express Entry programs with work experience gained through self-employment, even if it was skilled and verified. All applicants must provide adequate proof of their work experience, demonstrating that they were in an employer-employee relationship during their qualifying period of work experience.

Does A Candidate Need A Job Offer In Order To Immigrate To Canada Under Express Entry?

Job offer is not a mandatory component for Express Entry criteria. However Candidates with a job offer from a Canadian Employer will get 600 points under CRS system and therefore have greater chances of being selected.

Do Candidates Need To Take Language Tests?

Yes, all candidates need to take a language test in order to determine their language abilities.

What Role Do Canadian Employers Play Under Express Entry?

Candidates in the Express Entry pool have the opportunity to increase their chances of being invited to apply by promoting themselves directly to employers through the Canada Job Bank. After the federal government and Canadian provinces have selected certain candidates for Canadian immigration from the Express Entry pool, Canadian employers are able to select candidates who have made an expression of interest in immigrating to Canada.

How Long Does The Express Entry Process Take?

The Express Entry process for permanent residency in Canada can take anywhere from 6 months to a year, depending on various factors such as the number of points a candidate scores, how quickly they are able to gather the necessary documents and complete their application, and the processing time of the Canadian government. Once a candidate submits their Express Entry profile, they are placed in a pool of candidates and assigned a Comprehensive Ranking System (CRS) score based on factors such as age, education, language proficiency, and work.

Power of Attorney Lawyers: FAQ

What Is A Power Of Attorney And Why Should I Have One?

A Power of Attorney is a legally binding document that authorizes someone else to make financial and legal decisions on your behalf if you become unable to do so yourself. This can occur due to various reasons, such as an accident or illness. By having a Power of Attorney, you can ensure that someone you trust is able to make important decisions for you and manage your affairs if you are unable to do so.

How Much Does The Document Cost?

The cost of a power of attorney document can vary depending on several factors, including the type of power of attorney, the complexity of the document, and the province or territory where it is being created. In general, a simple power of attorney document can cost anywhere from $50 to $200, while a more complex document that requires legal assistance may cost several hundred dollars or more. In some provinces or territories, there may be additional fees for notarization or registration with a government agency.

It is important to work with a qualified lawyer in your province or territory to create a power of attorney document that meets your specific needs and complies with the laws of your jurisdiction. They can provide you with an estimate of the costs involved and help ensure that the document is legally enforceable.

Are There Different Kinds Of Power Of Attorney?

Yes, there are different types of Power of Attorney available in Ontario, Canada. Specifically, there are three kinds of Power of Attorney that can be created:

  1. Continuing Power of Attorney for Property (CPOA) – This type of Power of Attorney covers your financial affairs and allows the person you name to make decisions on your behalf, even if you become mentally incapable.
  2. Non-Continuing Power of Attorney for Property – This type of Power of Attorney also covers your financial affairs but cannot be used if you become mentally incapable. It may be used in situations where you need someone to manage your financial transactions while you are away from home for an extended period of time.
  3. Power of Attorney for Personal Care (POAPC) – This type of Power of Attorney covers your personal decisions, such as those related to housing and healthcare. It allows the person you name to make decisions on your behalf if you become mentally incapable or are otherwise unable to make decisions for yourself.
Is It Mandatory For Everyone To Have A Power Of Attorney According To The Law?

It is not compulsory to create a Power of Attorney, as it is a voluntary decision and cannot be imposed on anyone.

Is A Power Of Attorney Effective Outside Of Ontario?One To Have A Power Of Attorney According To The Law?

The effectiveness of a Power of Attorney outside of Ontario relies on the laws of the specific jurisdiction where it will be used. If you plan to relocate or be absent from the province for an extended period, it may be advisable to consult a local attorney to determine if creating new documents is necessary.

Should I Use A Lawyer In Creating A Power Of Attorney Document?

While it’s not mandatory to utilize a lawyer’s services for making a Power of Attorney, it may be beneficial to consider hiring one, especially if your affairs are complex. Most of the banks prefer  lawyer’s signature as witness, though it’s not mandatory, depending on the transactions to be done using the POA.

Where Can I Get The Power Of Attorney Forms?

A Power of Attorney document can be drafted by your lawyer or purchased in the form of pre-made templates available at bookstores or on the Internet.

Personal Injury: FAQ

Can I Make A Claim For Compensation If I Have Suffered A Personal Injury? Am I Entitled To Receive Compensation?

It is important to consult with a lawyer to assess your unique situation and determine whether you have a valid claim for personal injury compensation. Although every situation is different, if you have suffered an injury, it may be worth exploring your legal rights and options. Our law firm offers free initial consultations to provide you with the necessary information to make an informed decision on how to proceed.

Can I Seek Compensation If I Was Injured In A Car Accident?

If you have been injured in a car accident, you will be entitled to Statutory Accident Benefits which cover medical treatment, therapy, and a minimum level of income replacement, regardless of who caused the accident. Additionally, if another party’s actions contributed to your injuries, you may be able to pursue a claim for compensation for pain and suffering, as well as lost income beyond what is covered by Statutory Accident Benefits.

What If The Car Accident Was Mostly My Fault?

If you were mostly at fault for the car accident, you will still be entitled to receive Statutory Accident Benefits. Additionally, you could be eligible for benefits from other sources such as workplace or private insurance policies. In situations where you are 99% responsible for the accident, but another party is just 1% responsible for your injuries, you may have the option to pursue a claim against them. Contact us to arrange a free consultation to assess your case and determine what options are available to you.

What Are Statutory Accident Benefits And Am I Entitled To Them?

Statutory Accident Benefits are a form of insurance coverage that is mandatory for all car owners in Ontario. These benefits are available to anyone who has suffered injuries from a car accident, regardless of whether they were driving the car, a passenger, or a pedestrian.  These benefits are available to anyone injured in a car accident, regardless of who may have been at fault. You are entitled to claim these benefits even if you do not have car insurance yourself. Statutory Accident Benefits typically offer limited coverage for income replacement, medical and rehabilitation expenses, caregiver costs, housekeeping and home maintenance expenses, as well as death and funeral benefits.

Do I Have A Claim For Statutory Accident Benefits Even If My Injuries Were Not The Result Of A Car Accident?

If your injuries were not caused by the use of a motor vehicle, you would not be eligible to claim Statutory Accident Benefits. However, if you have certain workplace or private insurance policies, you may have access to comparable benefits. Our lawyers can review any policies you have and provide guidance on the types of benefits that may be available to you.

Can I Claim Compensation For Injuries That Were Not Caused By A Car Accident?

If it can be established that another party’s actions or negligence resulted in your injury, even if they were only 1% at fault, you may have grounds to file a claim against them. Claims can arise from a wide range of situations, including slip and falls on ice or snow, falls caused by poor maintenance or cleaning, insufficient lighting leading to hazards, undisclosed dangers, faulty products, inadequate supervision, and more. As every case is unique, we offer a free initial consultation to evaluate your circumstances and determine whether you have a valid claim.

How Soon Should I Contact A Lawyer After Experiencing An Injury?

You should contact a lawyer as soon as you can following your injury. In many cases, there are time limits that apply, including notice requirements to those who may be liable for your injury and deadlines for commencing legal action. As legal professionals, we are well-versed in these time limitations and will ensure that you comply with them. By contacting us promptly, we can avoid unnecessary delays and begin gathering evidence to build a strong case on your behalf.

How Can I Hire A Lawyer?

To get in touch with us through our contact us page. We will get back to you as soon as possible.

How Can I Meet You If I Am In A Hospital, Unable To Leave My House, Or Because I Have A 9-5 Job?

If you are unable to leave your home, are hospitalized, or have a job that prevents you from meeting during regular business hours, we can make arrangements to accommodate your situation. We can meet with you at your home, hospital or schedule a meeting outside of regular business hours. Please contact us and let us know your situation so we can make arrangements that work best for you.

What If I Cannot Afford To Hire A Lawyer?

To avoid the stress of legal fees we utilize a contingency fee arrangement, better known as “no win, no fee”. You do not have to pay for fees, disbursements, or taxes unless we are able to successfully obtain a settlement or judgement for you. We are so confident in our ability to effectively represent you and obtain a monetary recovery that if you do not recover monies, we write off your complete account and you will owe us nothing.

Wills, Estates & Trusts: FAQ

What Is The Difference Between A Will And A Power Of Attorney?

A will and a power of attorney are both important legal documents, but they serve different purposes. A will is a legal document that outlines how a person’s assets should be distributed after they pass away. It also appoints an executor to manage the distribution of the assets.

On the other hand, a power of attorney is a legal document that grants someone else the authority to act on your behalf in certain situations while you are still alive. This can include managing your finances, making medical decisions, or handling legal matters. A will only takes effect after a person passes away, while a power of attorney is effective during a person’s lifetime.

Can I Write My Own Will?

Yes, it is possible to write your own will. You will need to include some essential details such as your full name, a statement indicating that the document is your last will and testament, the current date, the name of the person you appoint as the executor of your estate, your final wishes, and your signature. Additionally, you will need to obtain the signatures of two witnesses.

What Happens If I Don’t Have A Will?

If you die without a will, it means you have died “intestate.” In this case, your property and assets will be distributed according to state intestacy laws, which may not align with your wishes. The distribution process will be determined by the laws of the state where you resided, and the court will appoint an administrator to manage the process.

Who Can Be A Witness Of My Will?

When selecting a witness for your will, it is important to choose someone who is not an executor or +a beneficiary of the will to prevent any potential conflicts of interest.

What’s The Role Of The Executor Of My Will?

The executor of a will is responsible for managing the distribution of the assets and carrying out the wishes outlined in the will after the person who created the will has passed away. This includes gathering and managing assets, paying debts and taxes owed by the estate, and distributing assets to beneficiaries as outlined in the will. The executor also has the responsibility to act in the best interest of the estate and its beneficiaries, which may involve making important financial and legal decisions. It is important to choose an executor who is trustworthy and capable of managing the responsibilities that come with the role.

Who Are The Beneficiaries?

Beneficiaries are individuals or organizations named in a will or trust who are designated to receive assets or property from the estate of the person who created the document. Beneficiaries can be family members, friends, charities, or other organizations. The specific assets or property that each beneficiary is entitled to receive will be outlined in the will or trust document. It is important to regularly review and update the list of beneficiaries to ensure that it accurately reflects your wishes and any changes in your circumstances or relationships.

Where Do I Keep My Will Safely?

It is important to keep your original will in a safe and secure location, where it can be easily found by your executor or loved ones after you pass away. Some common options for storing your will include:

  1. At home: You can keep your original will in a fireproof safe or filing cabinet at home. Make sure that the location of the safe or filing cabinet is known to your executor or a trusted family member.
  2. With an attorney: You can choose to have your attorney keep the original will in a safe and secure location, such as a fireproof safe in their office. This can also be a good option if you want to ensure that your will is properly executed and that any legal issues are addressed.
  3. In a bank safe deposit box: You can keep your original will in a safe deposit box at a bank. This can be a good option if you want to ensure that your will is kept in a secure location, but it is important to make sure that your executor or loved ones have access to the safe deposit box after you pass away.

Regardless of where you choose to keep your will, it is important to inform your executor or a trusted family member of its location, and to ensure that it can be easily accessed when needed.

Can I Register A Trust Instead Of Making A Will To Avoid Payment Of Tax By The Beneficiaries?

While trusts can be used as part of estate planning in Canada, solely creating a trust to avoid tax payments by beneficiaries may not be considered legitimate tax planning and may have legal consequences. Tax implications associated with trusts can vary, and it’s crucial to seek professional legal and tax advice from a qualified expert who is familiar with the laws in your specific jurisdiction before making any decisions about creating a trust or engaging in estate planning or tax mitigation strategies. Tax evasion is illegal in Canada, and it’s important to comply with all applicable tax laws and regulations. It’s highly recommended that you seek professional legal and tax advice from a qualified expert.

What Shall I Do If I Have To Make Small Changes To The Will In The Future?
  1. If you need to make small changes to your will in the future, you generally have two options:
    1. Create a Codicil: A codicil is a legal document that amends or supplements an existing will. It allows you to make specific changes to your will without revoking the entire will. A codicil must meet the same legal requirements as a will, including being in writing, signed by you (the testator), and witnessed by two or more witnesses who are not beneficiaries or spouses of beneficiaries.
  2. Create a New Will: Alternatively, you can create a new will that revokes your old will and includes the desired changes. Creating a new will is often recommended when making more substantial changes to your estate plan or if you have multiple changes to make.
  3. When making changes to your will, it’s important to carefully consider the implications and seek professional legal advice to ensure that the changes are legally valid and reflect your intentions.
Do The Trustees/Executors Have To Approach Only Your Firm When The Testator Passes Away To Get The Probate?

No, trustees or executors are not required to approach a specific firm or entity to obtain probate when the testator (the person who made the will) passes away. Probate is the legal process of validating a will through the court and obtaining authority for the executor or administrator to administer the estate. The probate process can be complex and involve legal requirements, deadlines, and potential liabilities, and it’s highly recommended to seek professional legal advice from a qualified lawyer.

Real Estate : FAQ

What Is The First-Time Home Buyers’ Tax Credit (HBTC)?

The HBTC is a non-refundable tax credit for certain homebuyers who acquire a qualifying home after January 27, 2009, that is – closing after this date.

How Is The HBTC Calculated?

The HBTC is calculated by multiplying the lowest personal income tax rate for the year (15% in 2009) by $5,000. For 2009, the credit will be $750. However, if the total of your non-refundable tax credits is more than your federal income tax, you will not receive a refund for the HBTC.

Who Is Eligible For The HBTC?

You will qualify for the HBTC if:

  • you or your spouse or common-law partner acquired a qualifying home; and
  • you did not live in another home owned by you or your spouse or common-law partner in the year of acquisition or in any of the four preceding years.

If you are a person with a disability or are buying a home for a related person with a disability, you do not have to be a first-time home buyer to get the HBTC. However, the home must be acquired to enable the person with a disability to live in a more accessible dwelling or in an environment better suited to the personal needs and care of that person.

For the purposes of the HBTC, a person with a disability is an individual who is eligible to claim a disability amount for the year in which the home is acquired, or would be eligible to claim a disability amount if we ignore that costs for attendant care or care in a nursing home were claimed as medical expenses on lines 330 or 331.

What Is A Qualifying Home?

A qualifying home is a housing unit located in Canada. This includes existing homes and those being constructed. Single-family homes, semi-detached homes, townhouses, mobile homes, condominium units, as well as apartments in duplexes, triplexes, fourplexes, and apartment buildings all qualify. A share in a co-operative housing corporation that entitles you to possess, and gives you an equity interest in, a housing unit located in Canada also qualifies. However, a share that only provides you with a right to tenancy in the housing unit does not qualify.

Also, you must intend to occupy the home or you must intend that the related person with a disability occupy the home as a principal place of residence no later than one year after it is acquired.

Important Things To Remember

The home must be registered in your or your spouse’s or common-law partner’s name in accordance with the applicable land registration system.

You do not have to submit documents supporting your purchase transaction with your income tax and benefit return. However, you have to make sure that this information is available if the Canada Revenue Agency asks for it.

Canadian Residency

Canadian Residency is concerned with how many days out of a calendar year a person lives in Canada.
Contrary to popular opinion, being considered a non-resident of Canada is not related to whether a person is a Canadian citizen. For instance, a Canadian citizen would be treated as a non-resident if they have been living in Canada for less than a total of 183 days in the year. Additionally, a person is NOT a resident if they live outside of Canada.
Any person who is not a Canadian citizen is considered a non-resident of Canada if he or she lives outside Canada. A person who is not a Canadian citizen and is not a landed immigrant can still be treated (for tax purposes) as a resident of Canada if the person has lived in Canada for more than 183 days a year.
For further inquiries on Canadian residency requirements please visit www.cra.gc.ca


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