This article is written by Vanya Verma from O.P. Jindal Global University.
This article has been published by Sneha Mahawar.
Table of Contents
Introduction
The National Committee on Accreditation (NCA), evaluates legal advisors worldwide certifications prior to permitting them to practice in Canada. NCA declared that law degrees acquired in India will be respected as equivalent to those procured in the UK and Australia.
“The National Committee on Accreditation (NCA) has concluded that three-year full-time regulation degrees from common law nations like India, England, and Australia ought to be considered equally regardless of where they were earned,” Vern Krishna, the NCA’s active leader chief had expressed. “It’s a significant reduction in the passage of obstructions to the legal profession.”
Law degrees from Bangladesh, Hong Kong, Ireland, New Zealand, Nigeria, Pakistan, Singapore, the United States, Wales, and the West Indies are all treated equally by the NCA, in addition to those from India, Australia, and England. Notwithstanding the way that a critical obstruction to the entrance for Indian legal professionals desiring to work in Canada has been removed, all foreign-trained lawyers must still pass qualifying tests in six topics as well as bar exams in order to be qualified to practise.
To speed up the credential assessment and job market integration processes for newcomers, the federal and provincial governments are actively striving to build a national framework for international credential recognition.
Who is a Canadian Permanent Resident
A person who has been awarded PR status by the Canadian government is known as a Canadian PR. If you have PR status, you will be able to legally reside in Canada. However, you will not be a Canadian citizen. A Canadian PR has the following advantages:
- They receive free medical treatment;
- They can avail high school diploma, a college diploma, or a university diploma;
- They are eligible for a financial aid programme for university and college students in Canada by OSAP who live and work in the country;
- They get legal and constitutional protection under Canadian Law and the Charter of Rights and Freedoms.
A Canadian PR cannot:
- Vote for a politician or a political party;
- Consider running for a position in the government;
- Hold certain jobs that necessitate a high level of security clearance;
- Stay in Canada if you have been convicted of a criminal offence and ordered to leave the country;
- You can only spend a limited amount of time outside of Canada;
- To keep your PR status, you must live in Canada for at least 730 days or two years every five years.
Benefits of becoming a Canadian Permanent Resident
A Canadian PR can:
- Legally reside and work anywhere in the country and are not obligated to work for a single employer in a single province or territory. They can readily migrate to another province.
- They are welcome to bring their family. The family members will be able to live, study, and work in Canada.
- Social Assistance Eligibility- as a permanent resident of Canada, one is eligible for a variety of social security benefits, including pension payments if one has 40 work credit points.
- Can seek to become a Canadian citizen after living in Canada for three years in the previous five years.
Documents required to apply for a PR Visa
You’ll need to write papers based on the characteristics for which you’re claiming points, as well as, other documentation:
- Letters of Employment Experience
- Identity verification
- Transcripts of Education
- Report from the WES (Qualifying)
- ‘Valid passport’ scorecard for IELTS
- Medical certificates are necessary, as well as a police clearance certificate.
How to apply for Canadian PR : step-by-step guide
- Complete the evaluation of your educational credentials (ECA)
- Get the required IELTS score
- Create an Express Entry profile and use the online pool to submit your application
- Register for a Job Bank account (optional)
- Fill out an application for the Provincial Nomination Program (optional)
- Obtain your Invitation to Apply (ITA)
- If necessary, medical and criminal background checks will be conducted
- You will get confirmation of your PR status from Citizenship and Immigration Canada (CIC)
- Finally, get your visa stamped in your passport
Major immigration programs that allow Indian lawyers to apply for a Canadian PR Visa
If you received your law education from a foreign educational institution, you must submit your credentials to the NCA (National Committee on Accreditation) for review. You will be required to take the NCA exam after the assessment. You can request a Certificate of Qualification after meeting the NCA requirements, which can be applied to enter the Bar Admission Process.
By registering a profile on the National Accreditation Committee, Indian lawyers must have their degrees evaluated by the Federal Law Society (FLSC). The same applicants must pay the requisite fee of CAD 410 and request that their transcripts be sent to the FLSC by the university from which they graduated. Before applying for a Certificate of Qualification (COQ), NCA can take up to ten exams.
After passing the NCA challenge exam or completing the LLM programme, the candidate can apply for a Certificate of Qualification (COQ) and register with the bar of their choice. Before applying for an internship post, the individual must first register with a bar. The bar must also grant permission for the legal practice to offer an internship job. It is required by the bar, which stipulates that in order for an article to be valid, a standard agreement between the cabinet and the article must be confirmed.
Candidates must submit their certificate of experience to the Bar after completing the term and can then apply for the Bar test, which is held three times a year.
The major immigration programs for Indian lawyers allowing applicants to apply for Canadian PR Visa are as follows:
Express Entry Program
Express Entry is one of the most significant ways for Canada to welcome newcomers. The fast-track immigration option, which was established in 2015, can grant you permanent residence in Canada, possibly within eight months. Express Entry aims to make the immigration procedure for candidates easier and faster. While Express Entry is not an immigration programme in and of itself, it is a system used by Citizenship and Immigration Canada (CIC) to select candidates for immigration to Canada through the following programmes:
- The Federal Skilled Worker Program (Federal Skilled Worker Program)
- The Federal Skilled Trades Program (Federal Skilled Trades Program)
- The Canadian Experience Class
An Express Entry applicant must submit the following documents:
- The results of the English test (IELTS) (discussed below)
- Report from the Educational Credential Assessment (ECA) to show that they have the same degree of education.
Step 1: Create an online Express Entry profile and fill it out
Candidates fill out a profile expressing their desire to immigrate to Canada and reside there permanently.
The applicant’s skills, work experience, education, language proficiency, and other personal information will be included in the profile. The Comprehensive Ranking System will be used to rank those who meet the criteria of one of the programmes listed above. Candidates who do not yet have a job offer or a provincial nomination must register with Canada’s national Job Bank. The information submitted in the profile must be true, as giving fraudulent or erroneous information may prevent an applicant from re-entering the Express Entry pool for a period of time.
Step 2: Invitation to Apply for Permanent Residence in Canada (ITA)
Employers across Canada, as well as Citizenship and Immigration Canada, will have access to the individuals in the Express Entry pool. Candidates with the top rankings, as well as those who have received job offers or provincial nominations, will be encouraged to apply for permanent residence. Candidates who receive an invitation letter must submit their paperwork within 60 days of receiving it. Successful candidates, their spouses, and/or dependent children will be granted permanent residency in Canada once the processing period is completed.
Candidates who do not receive an invitation to apply within 12 months may resubmit their profile and reapply if they still fulfill the requirements.
Federal Skilled Worker Program (FSWP)
The Federal Skilled Worker Program (FSWP) is your best option if you are an Indian lawyer seeking permanent residence in Canada. The FSWP is a point-based immigration route that requires a score of 67 out of 100 on the CRS points calculator. Age, education, work experience, language proficiency, adaptability, spousal sponsorship, and a valid job offer from Canada are all elements that determine how many points are awarded.
There are six major elements that will determine your admissibility for Canada. PR
- Age: If you’re between the ages of 18 and 35, you wiill get a maximum of 12 out of 12 points.
- Education: A doctorate-level degree will get you a maximum of 25 points. For the education factor, the better your degree, the more points you get.
- Work Experience: If you have 6 or more years of skilled work experience, you can get up to 15 points for it.
- Language Proficiency: Score a maximum of 28 points for the language proficiency criteria by performing well on your language test.
- Adaptability: If you have a sibling or a close family who lives in Canada, you can get an extra ten points.
- Education/Employment: Your former schooling and employment experience in Canada, as well as those of your spouse/common-law partners, are taken into account.
- Job Offer: A job offer in Canada that has been approved by the LMIA can help you earn an extra ten points.
In addition, you must meet the following FSWP requirements:
- Within the last ten years, a minimum of one year of verified non-overlapping continuous full-time paid employment – defined as NOC skill category 0, A, or B.
- Attain a minimum score of 7 on the Canadian Language Benchmark (CLB).
- Have an Education Credential Assessment-backed minimum degree, certificate, or diploma for a post-secondary school (ECA).
- Proof of funds indicating that you and your family will be able to sustain themselves and their families during your stay in Canada.
Provincial Nominee Programs (PNP)
The Provincial Nominee Programs (PNPs) in Canada were created to help provinces and territories deal with labour shortages. 11 of Canada’s 13 provinces and territories manage community-level problems by providing multiple avenues to PR in the country.
Among the most well-known are:
- Alberta – Alberta Express Entry Stream
- British Columbia – Skills Immigration, Express Entry British Columbia
- Manitoba – Skilled Worker Stream, Skilled Worker Overseas Stream
- New Brunswick – Express Entry Labour Market Stream, Skilled Worker with Employer Support
- Newfoundland & Labrador – Newfoundland & Labrador: Express Entry Skilled Worker, Skilled Worker Category
- Nova Scotia – Nova Scotia Demand: Express Entry, Nova Scotia Experience: Express Entry, Skilled Worker Stream
- Northwest Territories – Employer Driven Program, Skilled Worker
- Ontario – Human Capital Category, Employer Job Offer Category
- Prince Edward Island – PEI PNP Express Entry
- Saskatchewan – International Skilled Worker Category
- Yukon – Yukon Express Entry (YEE), Skilled Worker
Practicing law in Canada
Canada is a great place to practice law. The information provided above will assist Indian lawyers in obtaining PR in Canada. However, becoming a lawyer in Canada is a whole different process.
To practise law in Canada, you must first become a member of the Law Society of Canadian Provinces and Territories. You’ll need to follow three steps.
STEP 1: NCA Law Degree Equivalency Certificate (valid for 3 to 5 years) OR LLM degree from a Canadian university that meets NCA requirements.
STEP 2: Articling (duration varies depending on how quickly applicants can secure an internship; after that, a minimum of one year is required) OR completing an 8-month legal practice programme at a recognised Canadian university.
STEP 3: Clear the bar examination which is a 6-hour open-book exam.
Requirements for a Minimum IELTS Score
You should take the IELTS General Training test, which is the chosen test for immigration to Canada, to demonstrate your English competence.
In order to obtain permanent residency in Canada, one must follow one of three paths:
- Federal Skilled Worker Program (Federal Skilled Worker Program)
- Federal Skilled Trades Program (Federal Skilled Trades Program)
- Class on the Canadian Experience
As the IRCC takes 6 months to process your application, be sure your IELTS exam results are valid for the entire time.
A CLB 7 language competence level, or a minimum of 6.0 on each area of the IELTS test, is necessary for permanent residency through Express Entry.
There are varying language competency requirements for each programme. Listening, reading, writing, and speaking are the four subcategories used to evaluate your language skills. CLB Level (Canadian Language Benchmark) determines how many points you gain.
CLB Level and IELTS Scores
| CLB Level | Points per subcategory | Listening | Reading | Speaking | Writing |
| 7 | 4 | 6.0-7.0 | 6.0 | 6.0 | 6.0 |
| 8 | 5 | 7.5 | 6.5 | 6.5 | 6.5 |
| 9 | 6 | 8.0 | 7.0 | 7.0 | 7.0 |
| 10 and above | 6 | 8.5-9.0 | 8.0-9.0 | 7.5-9.0 | 7.5-9.0 |
If English is your second language, you will receive a total of 4 points if you meet the per-section requirements.
| CLB Level | Total Points | Listening | Reading | Speaking | Writing |
| 5 and above | 4 | 5.0-9.0 | 4.0-9.0 | 5.0-9.0 | 4.0-9.0 |
Federal Skilled Trades Program
The per-section score requirements for each CLB Level are listed below.
| CLB Level | Listening | Reading | Speaking | Writing |
| 4 | 4.5 | 3.5 | 4.0 | 4.0 |
| 5 | 5.0 | 4.0 | 5.0 | 5.0 |
| 6 | 5.5 | 5.0 | 5.5 | 5.5 |
| 7 | 6.0 | 6.0 | 6.0 | 6.0 |
| 8 | 7.5 | 6.5 | 6.5 | 6.5 |
| 9 | 8.0 | 7.0 | 7.0 | 7.0 |
| 10 and above | 8.5-9.0 | 8.0-9.0 | 7.5-9.0 | 7.5-9.0 |
Canadian Experience Class
CLB 7 is the minimal language requirement for NOC A positions. CLB 5 is a requirement for NOC B positions.
The CLB levels that correspond to per-section IELTS scores are listed below.
| NOC | CLB Level | Listening | Reading | Speaking | Writing |
| A | 10 and above | 8.5-9.0 | 8.0-9.0 | 7.5-9.0 | 7.5-9.0 |
| A | 9 | 8.0 | 7.0 | 7.0 | 7.0 |
| A | 8 | 7.5 | 6.5 | 6.5 | 6.5 |
| A | 7 | 6.0 | 6.0 | 6.0 | 6.0 |
| B | 6 | 5.5 | 5.0 | 5.5 | 5.5 |
| B | 5 | 5.0 | 4.0 | 5.0 | 5.0 |
Aside from language proficiency, you’ll be judged on other factors including your educational degree, age, and work experience. The minimum points required for permanent residency through Canada Express Entry are roughly 439, which was the cutoff on December 19, 2018.
References
- https://www.cictimes.com/what-is-the-canada-pr-process-for-indian-lawyers-in-2022
- https://emigratecanada.com/immigrate-to-canada-as-a-lawyer/
- https://canadianvisa.org/blog/jobs/immigrate-to-canada-as-a-lawyer
- https://www.canadavisa.com/news/canadian-accreditation-committee-recognizes-india-law-degrees-090612.html#:~:text=Though%20a%20large%20barrier%20to,to%20be%20qualified%20to%20practice.
- https://immigrationlawyertorontofirm.ca/useful-guide-to-getting-canada-permanent-residency/
- https://www.idp.com/malaysia/blog/what-is-the-minimum-ielts-score-to-get-canada-pr-and-work-there/#:~:text=To%20prove%20your%20English%20proficiency,test%20for%20immigration%20to%20Canada.
- https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/language-requirements/language-testing.html
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