Law Services for Canadian and American Immigration
Barrister
and Solicitor
4473 St. Catherine West
Montreal,
Quebec
Canada, H37 1R6
Voice: (514) 395-2010, Fax (514)
395-8522
leiterb@immcanada.com
Barbara J. Leiter is a Montreal, Quebec based lawyer specializing in Canadian and American immigration law, commercial and corporate law, and other areas of Quebec and Canadian law. Ms Leiter is a member of the New York State Bar and provides certain services for U.S. immigration, including Green Card applications (Permanent Residence), L-1 Visa (executive transfer) and the E-2 Visa (for starting a business in the U.S.). Her practice offers services in English, French, Cantonese and Mandarin. She earned her L.L.B. and B.C.L. from McGill University in Montreal, Quebec, in May of 1989.
During her studies at McGill University, she was a member of the Editorial Board of theMcGill Law Journal, worked at the McGill Legal Aid Clinic, and was a member of the Students' Judiciary Committee.
She is a member of the Canadian Bar Association, and the Association québécoise des avocats et avocates en droit de l'immigration, the New York State Bar and the American Immigration Lawyers Association.
Please note that information provided here is for informational purposes only. Laws currently in effect can change at any time. Information provided here should not be construed as legal advice. If you require such advice, please contact a lawyer.
Canadian Immigration
Presently,
there are two ways of immigrating to Canada. The first way is by
applying through Quebec authorities for a Quebec Certificate of
Selection.
The second way to immigrate to Canada is by
applying directly to Canadian authorities.
The candidates
that apply in the independent category are chosen if they
accumulate enough points in the various criteria of the selection
table.
The criteria of the selection table include the
following: education, number of years of work experience, age,
knowledge of the French and English language and the spouse’s
characteristics (if applicable).
The most common non-family
based categories for applications for permanent residence status
(Immigration Visa) in Canada are:
Canada
Since the
passage of the new Canadian immigration law and Regulations,
succeeding with an application for immigration is much more
difficult. In order to succeed in the Independent category, the
candidate should have at least one university diploma (although a
Master’s will give more points), be able to prove at least 4
years of work experience preferably in the same area as his/her
specialty in university, be fluent in English or French (or
preferably both), have one parent in Canada (father, mother,
brother or sister) and an offer of employment in Canada. If the
candidate is married, he/she will benefit from additional points
if his/her spouse has a university degree.
Our offices can
evaluate the chances of success if the prospective applicant
completes the attached questionnaire or provides us with a
detailed Curriculum Vitae, giving details of education (dates of
attendance starting with secondary school, name of degree /
certificate / diploma awarded, name of institutions, and details
concerning training courses and / or apprenticeships) and
information about work experience (including dates of employment,
name of employers, title of position and duties for each position
held).
Quebec
For Quebec immigration, the above criteria are also evaluated. Also, the candidate should have a good level of comprehension and oral expression in French. Additional points are allotted to candidates that have completed their secondary or post-secondary studies in French. Candidates that have family in Quebec or those that have studied, visited or worked in Quebec get additional points.
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In the
Entrepreneur (business) category, there are no set rules to
qualify as an entrepreneur (businessman / businesswoman). Each
case is judged individually. However, there are general rules and
guidelines. First, the entrepreneur must be prepared to make a
significant financial investment within two years of landing in
Canada, by establishing a new business or investing in a business
that is already functioning. Also, he/she must employ at least one
person who is not a family member and who is a Canadian permanent
resident or Canadian citizen. He/she should be able to prove
assets of at least $300,000 CAD. Finally
the entrepreneur applicant must be able to prove that he/she has
the ability and experience to manage the business and intends to
actively participate in the management of the business, and has at
least 3 years of management experience.
As part of the
professional services provided, Ms. Leiter prepares the applicant
before the interview with the Canadian immigration authorities.
Also, the applicant may request her presence at the interview
(with payment of travelling expenses and depending on her
availability).
Therefore, the Entrepreneur applicant must
be prepared to do the following:
Prove assets of at about $300,000 CAD. Proof is provided by way of letter form the bank, certificate of deposit, deeds, financial statements pertaining to presently operating business or other pertinent documentation;
Prove that he/she has 3 years of management experience in a business similar to the proposed business venture. (Proof by way of letter of reference; letters from financial institutions, etc.)
For
applications in the Entrepreneur category with Quebec immigration
authorities:
For additional professional fees, Ms. Leiter
organizes an exploratory trip to Quebec for candidates in the
Entrepreneur category. She makes appointments for the candidate so
that he may establish contacts in his field of business in Quebec.
In addition, the Entrepreneur will meet with bankers, investment
organizations and a Quebec counselor who will provide information
relevant to the economic situation in Quebec as well as
information relevant to the proposed type of business in Quebec.
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To qualify
in the Investor category, the candidate must be able to prove at
least 3 years of managerial experience in business and prove a net
worth of at least $800,000 CAD.
Presently there are 2 ways
of investing in Canada for new immigrants. In both cases a sum of
$400,000 CAD is invested for a 5 year period. This amount is
placed (through a broker) in a government approved investment.
In
the first case, the candidate invests $400,000 CAD of his own
money. At the end of the 5 years, the candidate will receive his
$400,000 CAD back without interest.
In the second case, the
candidate invests $120,000 CAD of his own money. The broker will
arrange a loan for the residual amount of $280,000 CAD for a total
investment of $400,000 CAD. At the end of the 5 years, the
candidate will not receive back any money, so that there will be a
net loss of the $120,000 CAD that he invested. This amount is used
for cost of placement of investment, payment of interest and for
other administrative costs.
As part of the professional
services provided, Ms Leiter prepares the applicant before the
interview with immigration authorities. Also, if the application
is through Quebec Immigration, the applicant may request the
presence of Ms Leiter at the interview (with payment of travel
expenses and depending on availability).
Therefore, the
Investor applicant must be prepared to do the following:
Prove possession of at least $800,000 CAD (Proof by way of letter form the bank, certificate of deposit, deeds or other pertinent documentation);
Prove that he/she has 3 years of management experience in business;
Prove that he/she owns the funds to be invested (Proof by way of letter form the bank, certificate of deposit, deeds, financial statements pertaining to presently operating business or other pertinent documentation);
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Commercial and Corporate Law
Ms. Leiter can assist you with all legal aspects of setting up and running a small business in Canada. These services include the registration of your business, drawing up your shareholder’s agreement, obtaining necessary permits, etc.
Clients who have applied for Entrepreneur or Investment visas through Ms. Leiter can look forward to excellent, personalized service due to her familiarity with these cases.
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Other areas of Practice
Ms. Leiter also practices in other areas of law, such as certain immigrant and non-immigrant visas to the United States and Canadian civil law. Should specialized legal advice outside Ms. Leiter’s scope of practice be required, she would refer you to one of her colleagues.
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Important Note: Information provided at this Web site is provided for exclusively informational purposes. In no way should this information be construed as legal advice. Please consult a lawyer.
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