Canada Immigration Questions (FAQ)

 

 Find answers to all Canada Immigration Questions.

General Canada Immigration Questions.

1. Introduction to Canada Immigration

 

  • What is a Canada Immigration (Permanent Resident) Visa?

 

A Canada Immigration (Permanent Resident) Visa is a document which allows a person to live and work anywhere in Canada, and confers upon that person Permanent Resident status. It comes with certain responsibilities and may be revoked if the holder does not meet Canadian residency obligations, or is found guilty of serious criminal activity. A person who is a Canadian Permanent Resident may apply for Canadian Citizenship after 3 years.

 

  • How is a Work Permit different form a Canada Immigration Visa?

 

A Work Permit allows an eligible individual to reside and work in Canada for a limited period of time, and restrictions are sometimes placed on the type of employment which can be pursued. It will not, by itself, lead to Canadian Permanent Residency, but can be a stepping stone to achieving this status. By contrast, a Canada Immigration Visa entitles its holder to live and work anywhere in Canada, enjoy many of the privileges of Canadian Citizenship, apply for Canadian Citizenship after 3 years and sponsor family members for Canadian Permanent Resident status.

 

  • Can I apply for Permanent Resident Status and temporary status (Work Permit/Study Permit/Temporary Resident Visa) at the same time?

 

You can apply for Permanent Resident status and Temporary status at the same time. Canadian Immigration policy recognizes the concept of dual intent.

 

  • Is my immigration status relevant for Canada Immigration purposes?

 

Yes and no. As a general rule, you must submit your Canada Immigration Visa Application (Application for Permanent Residence in Canada) to the Canadian Immigration Visa Office responsible for the country of your citizenship or to the visa office responsible for the country you are currently residing in if you have been legally admitted to that country for at least one year.

 

An exception to the general rule exists in the filing of applications under the Federal Skilled Worker category of Canadian immigration. Applicants in this category must submit their initial application to the Central Intake Office (CIO) in Sydney, Nova Scotia, wherever they may be physically located.

 

  • I have heard that Canada Immigration Regulations will be changing. How will I be affected?

 

Canada immigration regulations, laws and policies are constantly subject to change. To remain continuously informed on changes being made by Citizenship and Immigration Canada, please visit CIC News.

 

  • Is there a benefit to using a licensed Immigration Consultant to Canada?

 

Yes, there is. Immigrating to Canada has over time become more and more complicated. There are currently more than 60 different federal and provincial immigration programs under which an applicant may qualify and it is very difficult for an individual to know which program is most suitable to their circumstances. Even though Citizenship and Immigration Canada permits you to submit a Canadian Immigration Visa Application on your own, statistically, your chances of succeeding are increased if a qualified Canadian immigration consultant represents you. Moreover, a perfected application will, in many cases, shorten the immigration process, allowing you to obtain your Canada Immigration Visa faster.

 

New Canadian Immigration Services is licensed and authorized by Immigration Consultant of Canada Regulatory Council. 

 

We can:

 

  •      Guide you in selecting the best  Canadian immigration category that is best for you.

  •      Maximize your chance of submitting your completed application and supporting documents before a cap/limit is reached.

  •      Guide you in the assessment of your educational credentials by the appropriate organization when designated by the Government.

  •      Provide you with a free IELTS online exam preparation course or French language courses, if necessary, to assist you in obtaining the            best result possible on the language proficiency exam.

  •      Guide you in the preparation of your documents so that you are awarded the maximum number of Canadian immigration points that you          are entitled to.

  •      Provide you with the tools and resources to help you find work in Canada.

  •      Speed up the Canadian immigration application process by avoiding mistakes that cause delays or refusals.

  •      Regularly re-assess your qualifications against the more than 60 categories of Canadian immigration that lead to a permanent resident            visa.

  •      Be your voice to Canadian immigration authorities.

  •      Treat you with the respect that you deserve...always.

 

  • How do I retain NCIS to represent me for Canada Immigration purposes?

 

Generally, as a first step, it is recommended that you complete a free assessment form so that we can determine your eligibility to immigrate to Canada under the Federal Skilled Worker, Quebec Skilled Worker, Federal Skilled Trades, Canadian Experience Class, Quebec Experience Class, Provincial Nomination, Family Sponsorship or Business categories.

2. Work in Canada

 

  • Is a job offer required to immigrate to Canada under the Skilled Worker/ Professional category?

No. You can qualify for a Canada Immigration (Permanent Resident) Visa without a Canadian job offer if you have at least one year (within the last 10 years) of paid work experience in one of the 29 qualifying occupations. The Quebec Skilled Worker category of immigration and some of the Provincial Nomination Programs do not require a Canadian job offer in order to qualify.

 

  • What is a "job offer" within the context of Canadian immigration?

A job offer is a genuine offer of employment from a legitimate Canadian employer.

 

  • Are there different types of job offers that a Canadian employer can make?

Yes. There are essentially two types of job offers that a Canadian employer can make:

  • A temporary job offer is an offer of Canadian employment that is made for a specific period of time – 6 months, 1 year, etc… You can only begin working, in most cases, after you receive a Temporary Work Permit.

  • A permanent job offer is an offer of Canadian employment that is made for an indeterminate period of time. You can only begin working after you receive your Canada Immigration Visa.

 

  • Can I apply for a Temporary Work Permit and a Canada Immigration (Permanent Resident) Visa?

Yes, you can. You may apply for a Temporary Work Permit on its own or in combination with an application for a Canada Immigration Visa. Citizenship and Immigration Canada (CIC) recognizes the concept of "dual intent" whereby, you desire to work in Canada temporarily and thereafter reside and work in Canada permanently.

 

  • What are the advantages of obtaining a permanent job offer from a Canadian employer?

The benefits of obtaining a permanent Canadian job offer are:

  • Increased opportunity for a successful application under the Skilled Worker/ Professional category and the Provincial Nomination Program (PNP) category.

  • Canadian Immigration Visa Offices "fast-track" applications submitted under the Skilled Worker/ Professional category, where the applicant has received a validated job offer from a Canadian employer. Likewise, priority processing is given to all applications submitted under the Provincial Nomination Program (PNP) category. In both situations a Canada Immigration Visa should be issued in less than one year unless there are medical and/or security issues.

  • Under the Skilled Worker/ Professional category, if you do not have at least one year (within the last 10 years) of paid work experience in one of these 29 qualifying occupations, you must have a Canadian job offer in order to qualify for a Canada Immigration (Permanent Resident) Visa. Moreover, there is no limit on the number of applications that will be considered for processing when accompanied by a permanent, full-time job offer (Arranged Employment).

  • What are the advantages of obtaining a temporary job offer from a Canadian employer?

The benefits of obtaining a temporary Canadian job offer are:

  • A job offer is the starting point for obtaining a Temporary Work Permit.

  • Coming to Canada on a Work Permit is the quickest way to enter Canada and work. The Work Permit application process can usually be completed in a matter of days or weeks.

  • The Canadian employer of a Work Permit holder in Canada can offer the individual a permanent full-time job of indeterminate length and the new job offer will be considered Arranged Employment in Canada under the Skilled Worker/ Professional category of immigration.

  • Is there any disadvantage to obtaining a Canadian job offer?

No. Like chicken soup, it can never hurt.

 

  • Is it difficult to find a good job in Canada?

No. If you are in Canada, there are many available rewarding employment opportunities. Each day in Canada more than 50,000 job postings go unfilled. Getting a job offer from outside Canada is more of a challenge but certainly can be accomplished with a little bit of perseverance, especially with the tools and guidance that our Canadian law firm offers. Many Canadian employers have a keen demand for skilled workers and professionals. There is no reason why you can't be a part of their solution.

 

  • What is a work permit?

Work visas and employment authorizations are known as work permits in Canada. A work permit is a document issued by officials of the Canadian Government that allows a foreign individual to work at a specific job for a specific employer.

 

  • How do Canadian Immigration authorities define "work"?

Canadian Immigration regulations define “work” as an activity for which remuneration is earned or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labor market.

 

  • Who needs a valid work permit to work in Canada?

Generally, individuals who are not Canadian citizens or Permanent Residents of Canada require a valid Work Permit to work in Canada. However, foreign workers can do some jobs in Canada without a Work Permit.

 

  • What do I do first?

As a general rule, the first step is to obtain a valid job offer from a Canadian employer. Open work permits are the exception and do not require a prior job offer. Open work permits may be available to the spouses/common law partners of certain work permit holders, the spouses/common law partners of foreign students in Canada, asylum seekers, in-land sponsored family members, and destitute students in Canada.

 

  • Who issues work permits?

Citizenship and Immigration Canada (CIC), a department of the Canadian Government, issues work permits.

 

  • Are there different types of work permits?

Yes, there are two broad categories of work permits; those that relate to jobs requiring the Canadian Government department of Employment and Social Development Canada (ESDC) confirmation (ESDC 2), and those that are exempt from ESDC confirmation (ESDC 1).

 

  • Where do I apply for my work permit?

Depending on what country you are a national of, some work permits may be applied for at a Canadian Port of Entry. Other work permits must be applied for before leaving for Canada at the Canadian visa office responsible for your country of citizenship or the country to which you have been lawfully admitted. Still other work permits can be applied for inside of Canada.

 

  • How long will it take to get my work permit?

Work permits that are applied for at a Canadian Port of Entry can be issued the same day. Most work permit applications filed outside of Canada are issued within a matter of days or weeks, depending on whether or not a medical examination is required and the workload at the particular visa office to which you applied.

 

  • How long can a work permit be issued for and can it be extended?

The length of your work permit depends entirely on the nature of your job in Canada and the work permit category under which you have applied. Work permits can be extended from inside Canada, but some work permits have a maximum duration.

 

  • Do I require a Visitor’s visa to enter Canada to work?

Separate and apart from your work permit, you will need a Temporary Resident Visa (TRV) unless you are from one of the following visa-exempt countries. You must apply for a TRV at the Canadian visa office responsible for your country of citizenship or the country to which you have been lawfully admitted.

 

  • Can I change employers on the same work permit?

As a general rule, work permits apply to a specific employer. If you change employers you must apply for a new work permit. Only workers admitted to Canada on an open work permit can change employer without reapplying. Open work permits are the exception and may be available to the spouses/common law partners of certain work permit holders, the spouses/common law partners of foreign students in Canada, asylum seekers, in-land sponsored family members, and destitute students in Canada.

 

  • Do I require a medical exam as part of my work permit application?

A medical examination is always required before commencing work in an occupation in which protection of the public health is essential. Otherwise, depending on your country of residence, you may be required to take a medical exam prior to approval of your work permit if the job offer exceeds six months.

 

  • Can my spouse/common law partner and children come with me or follow me to Canada?

Yes, your spouse/common law partner and dependant children can accompany or follow you to Canada. In many cases, persons entering Canada on a work permit may request that an open work permit be issued for their spouse/common law partner. In some instances, your children may require a study permit to attend school in Canada.

 

  • Does the Canadian Government charge fees to obtain a work permit?

The Canadian government charges CAD 150 per work permit application. Additional fees would be necessary if a Temporary Resident Visa (TRV) is also required.

3. Study in Canada

 

I. Study Permits

  • ​​Do I need a Study Permit (Student Visa)?

Anyone planning to study for more than six months in Canada needs a Study Permit. If you plan to study for less than six months but may decide to stay longer, you should apply for a Study Permit before coming to Canada for your studies. International students from certain countries may also need to obtain a temporary resident visa in addition to the study permit.

 

  • What is a temporary resident visa?

A temporary resident visa is an official document issued by a Canadian visa office. It is placed in your passport to show that you have met the requirements for admission to Canada as a temporary resident.

 

Depending on your citizenship, you may need a temporary resident visa to enter Canada. Click here to view a list of the countries whose citizens do not need a temporary resident visa to enter Canada.

 

  • How do I obtain a Study Permit for Canada?

International Students must apply to Citizenship and Immigration Canada (CIC) for a Study Permit once they have received an acceptance letter from a qualified Canadian academic institution. if you have received this acceptance letter, you may use our Study Permit Application kit to prepare your application. Students will have to show that they have sufficient funds to study and live in Canada, and in some cases undergo Medical Examinations and provide Police Clearance Certificates.

 

  • How do I apply for a temporary resident visa?

If you need a temporary resident visa in addition to your study permit, you do not need to submit a separate application or pay an additional fee when you apply for your study permit at a visa office. The visa office will issue your temporary resident visa at the same time as your study permit if your application is accepted.

 

  • When should I apply for my study permit?

You should apply as soon as you receive your letter of acceptance from the educational institution (school, college, university). The time needed to process an application to study in Canada may be different depending on the visa office.

 

  • What if I want to study in Quebec?

International Students who have been accepted into a qualifying educational institution in Quebec must obtain approval from the immigration authorities of the Province of Quebec. To study in Quebec, you will need to first apply for a CAQ (Certificat d'acceptation du Québec) before you apply for a study permit.

 

  • How do I pay the fee for a study permit?

You must pay a processing fee with your application. The fee will not be refunded, even if your application is refused. Check the website of the visa office where you submit your application to find out the options available to you to pay the fee.

 

  • How long is my Study Permit valid for?

A Study Permit is valid for the duration of your study program. Should you need to extend the validity of your Study Permit, you must file an Application to Change the Conditions or Extend Your Stay in Canada with Citizenship and Immigration Canada.

 

  • I am a citizen of one country, but have lived in another country for a long time. Should I apply for a Study Permit in my country of citizenship or my country of residence?

You can apply for your Study Permit in your country of residence, your country of nationality or the country where you have been legally admitted.

 

  • Will my study permit need to be renewed?

Expiry dates of study permits can vary. Often permits are valid for the duration of the program of study. To successfully renew a study permit, the student must have a valid passport and, if applicable, a valid CAQ (a Certificate of Acceptance required to study in Quebec). Students should start the renewal process at least two to three months prior to the expiry date.

 

II. Working while studying in Canada

 

  • ​Can I work while studying in Canada?

Yes, with certain conditions. International Students holding a valid Study Permit may work on the campus of their educational institution without a Work Permit. However, in order to work off the campus, you must apply to CIC for an Off-Campus Work Permit.

 

  • What is an Off-Campus Work Permit?

An Off-Campus Work Permit allows International Students to be employed off the campus of the educational institution they are attending in Canada.

 

  • Who is eligible for an Off-Campus Work Permit?

International Students with valid Study Permits who are registered in a participating educational institution are eligible for Off-Campus Work Permits, if they are in satisfactory academic standing at that institution. In addition, students must have been studying full-time for six months out of the year preceding their application for an Off-Campus Work Permit.

 

  • What is satisfactory academic standing?

Satisfactory Academic Standing is determined differently by each academic institution. Students must make sure that they meet the requirements for satisfactory academic standing at the institution they are currently studying at in order to be eligible for an off-campus work permit.

 

  • Who is not eligible for an Off-Campus Work Permit?

International Students who are receiving awards or scholarships from Canada’s Department of Foreign Affairs and International Trade or from the Canadian International Development Agency are not eligible for an Off-Campus Work Permit. Students participating in the Canada-China Scholars Exchanges Program, in the Organization of American States Fellowships Program Exchange or in the Equal Opportunity Scholarship Program, Canada-Chile may not apply for an Off-Campus Work Permit. Visiting students are also ineligible, as well as students who are registered in English or French as a Foreign Language programs, even if they are enrolled in participating institutions.

 

  • Can my spouse work in Canada while I study?

Your spouse or common-law partner may apply for a Work Permit if you are a full-time student at an authorised institution with a valid study permit.

 

  • Can I work in Canada after finishing my studies there?

The Post-Graduation Work Program allows most international students to gain Canadian work experience upon graduation of a program which is at least eight months in duration. Please note that you will need a Work Permit to work in Canada after finishing your program of study. This Post-Graduation Work Program is a very good option for people who have studied in Canada because it may lead to being eligible for Canadian Permanent Residency under theCanadian Experience Class or Quebec Experience Class categories of immigration.

 

III. Other frequently asked questions about studying in Canada

 

  • ​Can I get a scholarship or bursary to study in Canada?

Many educational institutions in Canada have scholarships for international students. You will need to contact the institution directly to find out more about the scholarships or bursaries they have available for international students.

 

  • What are the admission requirements for Canadian universities?

Each Canadian university sets its own policy regarding admission requirements. It would be advisable to identify which universities in Canada offer the program which interests you, and then contact those universities directly regarding their admission requirements.

 

  • Will the certification I receive after finishing my study program be recognized in other countries?

A certificate, diploma or degree from an accredited Canadian institution will be recognized by employers and institutions around the world. To find out if the institution where you plan to study is accredited, you should contact the university directly.

 

  • I would like to study English or French in Canada. Are there awards or grants available for studying a language in Canada?

Unfortunately, there are no grants or awards available for language study programs (English or French). Awards are available to international students only for masters or doctoral programs (except for some programs, namely medicine and tourism). Some language schools do provide promotional arrangements.

 

  • We have been living outside Canada for many years, but my child is a Canadian citizen. Which grade will my child go into when we return to Canada? Does my child need to apply as an international student?

Education in Canada is under the jurisdiction of the provinces, so you will need to contact the province where you plan to live. You may also want to find the contact information for the school board where you will live and contact them directly to find answers to your questions about which grade the child will enter.

 

Your child, as a Canadian citizen, would not be required to apply as an international student, and would not need a study permit.

 

  • Are there any grants or awards available for studying at the primary, secondary, pre-university or undergraduate levels?

Unfortunately, there are no grants or awards available to international students for study at these levels. There are only opportunities for awards at the graduate level (masters and doctoral levels).

 

  • Are there any grants or awards for studying at the Masters or Doctoral level in Canada?

Yes, the Government of Canada Awards are announced every year around September; these are administered by the Ministry of Foreign Affairs. The competition is open until the first week of December and an average of fifteen awards are offered each year.

 

There are other institutions and government departments that may offer awards or supplementary assistance based on the study discipline.

 

Below is a list of some organizations that offer awards (please note this list is non-comprehensive):

 

  • Quebec Government Awards: Awards for research, post-doctoral studies, and masters and doctoral programs (All areas except MBA, tourism and languages)

Doctoral research scholarships

Postdoctoral fellowship scholarships

Short-term research or professional development scholarships

  • Visiting Fellowships in Canadian Government Laboratories: Awarded to scientists and engineers for research visits.

  • Trudeau Foundation: Awards are offered for doctoral studies in the area of human rights and social justice, responsible citizenship, Canada and the world, and the relationship between man and his natural environment.

  • Organization of American States: Awards for masters and doctoral studies and research in member countries of the OAS in the areas of education, environment and sustainable development, government and democracy, science and technology, reduction of poverty and social development, economic development, and trade.

 

  • Do I need special clothing for the winter in Canada?

Canada has four different seasons and we highly recommend you bring clothing for all seasons. During the winter months (November to March) you will need a warm clothes, a winter jacket, warm hat, scarf, some gloves and winter boots. All buildings and houses are heated during the winter to about 20ºC indoor temperature.

 

In Canada, most schools are in session between September and June:

 

Season: Fall

When: September to November

Temperature variation: Between 20ºC and 5ºC

Average: 10ºC

 

Season: Winter

When: November to March

Temperature variation: Between 5ºC and -25ºC

Average: -10ºC

 

Season: Spring

When: April to June

Temperature variation: Between 5ºC and 20ºC

Average: 10ºC

 

Season: Summer

When: June to August

Temperature variation: Between 20ºC and 30ºC

Average: 25ºC

4. Landing in Canada as a Permanent Resident

 

  • Do I become a Permanent Resident of Canada as soon as my Canada Immigration Visa is issued?

No. You will only become a Permanent Resident of Canada when you cross a Canadian port of entry with your valid passport and your valid Canada Immigration (Permanent Resident) Visa. This is referred to as 'landing in Canada'.

 

  • How long can I wait to come to Canada after my Canada Immigration Visa is issued?

You must land in Canada before the expiry date, which appears on your Canada Immigration Visa. Usually, the expiry date is one year from the time medical examinations were completed. As this is not always the case, be sure to verify the expiry date as soon as you receive your Canada Immigration Visa.

 

  • Can the expiry date on my Canadian Canada Immigration Visa be extended?

As a general rule, the expiry date on your Canada Immigration Visa will not be extended. Failure to land in Canada before the expiry date may result in the necessity of re-application.

 

  • Must I first enter Canada at the destination I indicated on my application form?

Generally, the holder of a Canada Immigration Visa may enter Canada at any port of entry without difficulty.

 

However, if you first enter Canada at a port of entry in the Province of Quebec, you must have been accepted by Quebec and have a valid Quebec Certificate of Selection or be prepared to document your clear intention to reside in a province other than Quebec.

 

  • What documents do I need with me when I first land Canada?

When you first land in Canada, you will need your valid passport containing your unexpired Canada Immigration Visa and a document entitled Confirmation of Permanent Residence. Your accompanying dependents, if applicable, will need the same.

 

It is a good idea to also have evidence of your settlement funds and an inventory of all personal belongings in your possession and other items that you now own but intend to bring to Canada at a later date.

 

  • When must my accompanying dependents land Canada?

Accompanying dependents cannot land in Canada before the Principal Applicant has done so. The accompanying dependents may first land in Canada with the Principal Applicant or after the Principal Applicant, but in either case prior to the expiry date indicated on their Canada Immigration Visas.

5. After Landing in Canada as a Permanent Resident

 

  • Must I stay in Canada after landing in Canada as a Permanent Resident?

Permanent Residents are not obliged to remain in Canada, and are in no way restricted from departure at any time. However, as a Canadian Permanent Resident, you must accumulate two years of "residency days" in each five-year period in order to meet your Canadian residency obligations.

 

  • What is the Canadian Permanent Resident Card?

The Canadian Permanent Resident Card is a small, secure plastic card containing personal information on the cardholder and that confirms the cardholder's status as a Permanent Resident of Canada.

 

  • When can Canadian Citizenship be obtained?

Canadian Citizenship can generally be obtained after three years of Permanent Residence in Canada.

 

  • Does Permanent Resident status in Canada permit me to enter/work in the US?

Permanent Resident status in Canada does not affect US immigration requirements for eligibility to legal employment. The North American Free Trade Agreement, which applies to citizens of Canada, does facilitate US employment in certain cases.

6. Settlement in Canada

 

  • When I arrive in Canada, are there any services to help me?

Every province and city is equipped with multiple services and organizations meant to help newcomers to Canada. Refer to the landing guide for the province where you plan to arrive in Canada for complete listings.

 

  • How do I obtain Health Care?

All provinces and territories in Canada have a public health insurance plan to cover basic medical needs. However, you may have to wait up to three months after you arrive before the health insurance begins in some provinces. Make it a priority to apply for health care for yourself and your family as soon as you arrive. In addition, purchase some form of private health insurance from an insurance company for security in case of emergencies until your provincial health care plan begins. Refer to the Health section of the provincial landing guide where you will be living in Canada for province-specific instructions on how to obtain your health insurance.

 

  • What do I need to do to start working in Canada?

In order to work anywhere in Canada, you will require a Social Insurance Number (SIN). Apply for your SIN card immediately after you arrive in Canada. For instructions, visit the Service Canada website: http://www.servicecanada.gc.ca/eng/sin/apply/how.shtml

Ensure that your CV or resume is written in English or French. It may also be necessary to have your credentials confirmed. There are many agencies throughout Canada that provide the service of accreditation equivalency. Refer to the landing guide for the province where you will be living for more information.

 

  • How do I become a Canadian Citizen?

Before applying to become a Canadian citizen, you must have resided in Canada for 1,095 days, or three years. Please refer to the Canadian Citizenship page for complete details on requirements, your eligibility and the application procedure.

 

  • I do not know where to live in Canada. Where do I start?

Canada is a huge country, with diverse cultures, communities, climates and employment opportunities. Begin researching these details by reading the About Canada pages. It is important that you move to an area where you can obtain employment. You should also do some research on the internet the average cost of living in different regions of Canada. Ensure that you move to a region that is affordable, close to places of employment and schools.

 

  • What do I need to have prepared when I arrive in Canada?

When you arrive in Canada make sure that you have all necessary immigration and identity documents on your person and not in your checked luggage, so that you may present all documents to the Customs and Immigration officer at the airport or border without complication. It is also important to have arranged in advance for a place for you and your family to stay during your first days in Canada as you will be tired from the long trip. Homes of friends and family are ideal, as are short term apartments or hotels.

 

  • Can I bring my family pet with me to Canada?

There are strict rules about bringing animals, food, and plants into Canada. Before you arrive, contact:

Canadian Food Inspection Agency,

Animal Health

Agriculture Canada

59 Camelot Drive

Nepean, Ontario

K1A 0Y9

 

  • Can I bring my car into Canada?

Transport Canada has pollution and safety control standards which does not allow some cars into Canada. It is also necessary to have a valid driver’s license, car registration and accident record from your insurance company. Contact Transport Canada for complete instructions:

Transport Canada

Place de Ville, Tower C

330 Sparks Street

Ottawa, Ontario K1A 0N5

(613) 990-2309

http://www.tc.gc.ca/roadsafety/safevehicles/importation/index.htm

 

  • I have school aged children, how do I send them to school?

All children between the ages of 4 and 16 to 18 years, depending on province, are required by law to attend school. The school year runs from September through June. Registration can be held as early as February previous to the September academic year. Every region of Canada has its own school boards. You will have to contact the local school board where you intend to live for complete details.

7. Obtaining Canadian Citizenship

 

  • When am I eligible to apply for Canadian Citizenship?

Citizenship and Immigration Canada (CIC) allows you to apply for Canadian Citizenship after you have been a physical resident of Canada for three years (1095 days) out of the four years immediately preceding your application. Whereexceptional circumstances exist, however, you may be allowed to apply even if you have not been physically resident in Canada for the required 1095 days.

 

  • Do I have to apply for Canadian Citizenship as soon as I am eligible?

No, there is no obligation to apply for Canadian Citizenship at any time.

 

  • What are some of the advantages of obtaining Canadian Citizenship?

Unlike Canadian Permanent Residents, Canadian citizens have no residency obligations. Canadian citizens cannot lose their status unless it was obtained through material misrepresentation.

 

Canadian citizens also receive Canadian passports and are entitled to vote in federal elections.

 

  • Will my time in Canada before becoming a Permanent Resident count towards my Citizenship application?

Citizenship and Immigration Canada recognizes time spent legally in Canada prior to becoming a Canadian Permanent Resident towards the calculation of the 1095 days required to qualify for Canadian Citizenship. Within the four years prior to applying for Canadian Citizenship, each day spent in Canada as a non-Immigrant (i.e. as a visitor, international student, temporary worker) is counted as half a day, up to a maximum total credit of one year. Each day spent in Canada as a Permanent Resident is counted as one whole day.

 

  • Will time spent absent from Canada be counted towards my Citizenship application?

Unless there are exceptional circumstances, time spent outside of Canada (other than for short vacations) will not be counted towards the calculation of the 1095 days required to qualify for Canadian Citizenship.

 

  • Will Canadian Citizenship make me eligible to work in the US, Mexico, or Chile?

Under the provisions of the North American Free Trade Agreement (NAFTA) and the Canada-Chile Free Trade Agreement (CCFTA), qualified Canadian citizens can benefit from facilitated admission into the US, Mexico and Chile for business and work-related purposes.

 

  • Does Canada recognize dual citizenship?

Since 1977, Canada has permitted its citizens to hold dual or multi citizenship. As a result, Canadian citizens will not lose their Canadian Citizenship if they retain their former nationality or become citizens of another country. Many other countries, including the United States, also recognize dual citizenship.

 

If you intend to become a Canadian citizen, you are advised to verify whether the country of your current nationality permits dual citizenship.

 

  • As a Canadian citizen, must I pay Canadian income tax on my worldwide income?

Not in all cases. As a general rule, you are only required to pay Canadian income tax on worldwide income if you reside in Canada. It is always best to consult with a specialist in Canadian taxation for specific advice regarding any and all Canadian taxation matters.

 

  • I was a citizen as a child, but have not lived in Canada for many years. Do I still qualify as a citizen?

If you were born in Canada, you are most likely a Canadian citizen. You can contact CIC and request a search for citizenship records, and obtain new citizenship documents.

 

  • I had my Canadian citizenship revoked. How do I obtain a new citizenship?

Depending on when and for what reason your citizenship was revoked, you may be eligible to re-apply for Canadian citizenship. For complicated citizenship problems like these, it is best to have a consultation.

 

  • I no longer wish to hold my Canadian citizenship. What do I have to do?

Contact the CIC for instructions on renunciation of citizenship.

8. Eligibiliy and Qualifications

 

  • Who qualifies for a Canada Immigration Visa?

 

Canada Immigration (Permanent Resident) Visas may be issued to federal and Quebec skilled workers, provincial nominees, people who have studied and/or worked in Canada, and business persons under Canada's economic immigration categories. Close family members of Canadian citizens and permanent residents may be issued Canada Immigration Visas through family sponsorship. Finally, Canada issues permanent resident visas to qualified asylum seekers and certain individuals on humanitarian and compassionate grounds.

 

  • Who can I include in my application for a Canada Immigration Visa?

 

Your spouse/common-law partner/conjugal partner and any dependent children must be included in the application. Dependent children must be under the age of 22 years, or, if they are 22 and older, they must be full-time students and not have interrupted their education since the age of 22. Your dependents will be subject to medical and security clearance requirements. A change in family status after your application has been submitted may affect the processing of your application.

 

Parents generally cannot be included in your application, and cannot currently be sponsored for Canadian permanent residency. Citizenship and Immigration Canada has indicated that the parental sponsorship program will reopen on January 2nd, 2014. Parents and grandparents may, at this time, be eligible for the parent and grandparent supervisa.

 

Citizenship and Immigration Canada affords equal rights under the Canada immigration application process to same-sex partners.

 

  • Are there special immigration procedures for different provinces in Canada?

 

Certain provinces have been given the authority by Citizenship and Immigration Canada to select or nominate candidates for immigration destined to their respective province under the Provincial Nomination Program.

 

Quebec has exclusive authority to select candidates who intend to reside in that province.These applicants are subject to Quebec's selection criteria, in addition to Federal medical and security clearance requirements. They must also pay an additional fee for processing by Quebec immigration authorities. Applicants who qualify under the Federal selection requirements may not necessarily satisfy Quebec's selection requirements, and vice versa.

 

  • How do I find out if I qualify for immigration to Canada?

 

We recommend that you complete and submit an on-line assessment of your eligibility for immigration to Canada which we will evaluate at no charge. You may do so as a skilled worker applicant, a provincial nomination applicant, a business applicant, or a family class applicant.

9. Canadian Government Fees and Application Costs

 

  • Does the Canadian government charge a fee for submitting a Canadian Immigration Application?

Fees are payable to the Canadian government as follows:

      Category of Applicant                                                                    Currency

      Federal                                                                                       Cad      

      Skilled Worker/Family Class Prinicpal applicant                               550

      Self-Employed Principal applicant                                                   1,050

      Each accompanying family member 22 and over                               550

      Each family member under 22 years old                                          150

      Right of Permanent Resident Fee (payable before landing)                 490

Fees are subject to change at any time. Additional government fees apply for applicants destined to the province of Quebec and under the Ontario Provincial Nomination Program.

     

  • When do I pay Canadian government fees?

 

Canadian government fees must be submitted concurrently with your Canadian Immigration Application and are refundable at any time before assessment of the application by a Canadian Immigration Visa Officer has begun. If any provincial fees are required they are payable at the time that your application is submitted to the province. The Right of Permanent Resident Fee may be paid at any time prior to the issuance of your Canada Immigration (Permanent Resident) Visa and is refundable if, for any reason, you do not become a Canadian Permanent Resident.

 

  • In what currency must I pay the Canadian government fees?

 

All applications for Canadian Permanent Resident Visas are submitted to designated intake offices in Canada and the government processing fees associated with these applications must be paid in Canadian dollars. The Right of Permanent Residency fee may, depending on the circumstances, be paid inside or outside Canada. If payable outside Canada, you should check with the Canadian visa office that is processing the application to determine the currency in which the Right of Permanent Residency fee must be paid. Applications for a Temporary Resident (Visitor) Visa, Work Permit, or Study Permit are generally submitted to Canadian visa offices outside Canada and you should check with the Canadian visa office closest to you.

 

  • What is the Right of Permanent Resident Fee (RPRF)?

 

The principal applicant and accompanying spouse/common law partner must pay this fee at any time before their Canada Immigation Visa is issued. At this time, the Right of Permanent Resident Fee is set at CAD 490. The Right of Permanent Resident Fee is fully refundable if for any reason the principal applicant or accompanying spouse/common law partner do not land in Canada as permanent residents.

 

  • If I am already in Canada, do I still have to pay the Right of Permanent Resident Fee?

 

Yes, all applicants 22 years of age or older must pay the Right of Permanent Resident Fee.

 

  • Are there any other fees or costs associated with the Canadian Immigration application process?

 

You can expect to pay fees related to medical examinations and, if required, to the notarization and/or the translation of documents into French or English. Additionally, the Federal Skilled Worker Class requires applicants to have their foreign educational credentials assessed for Canadian equivalency by a designated Canadian accreditation body.

10. Canadian Immigration Application Process

 

  • Where can my application for a Canada Immigration Visa be submitted?

That depends upon the Canadian immigration category under which you are applying.

 

Under the Federal Skilled Worker category of Canadian immigration, applications must be submitted to the Centralized Intake Office (CIO) in Sydney Nova Scotia.

 

Under the Family Sponsorship category of Canadian immigration, applications should initially be submitted to the Case Processing Centre (CPC) in Vegreville, Alberta in the case of an inland Canada sponsorship, or to CPC Mississauga, Ontario in the case of a sponsorship to be processed outside of Canada.

 

Under the Provincial Nomination Program category of Canadian immigration or if you intend to reside in the Province of Quebec, you must initially submit an application to the province in which you intend to reside.

 

For the Canadian Experience Class category of Canadian immigration, applications must be submitted to the Centralized Intake Office (CIO) in Sydney Nova Scotia.

 

  • What documents should be submitted in support of my application for Permanent Residence in Canada?

That depends upon the category of Canadian Immigration under which you are applying.

 

Under the Skilled Worker category of Canadian immigration, your initial submission to the Central Intake Office (CIO) in Sydney, Nova Scotia should include application forms, copy of your passport bio-data page and appropriate Canadian government processing fees in Canadian dollars payable to the Receiver General for Canada. If you are in Canada on a Work Permit and claiming points for Arranged Employment, you must also include a copy of your Work Permit and a letter from your employer indicating that you will be employed indeterminately upon receiving your Canada Immigration (Permanent Resident) Visa or alternatively you should include a photocopy of the Arranged Employment Opinion (AEO) issued by Human Resources and Social Development Canada (ESDC) in relation to a permanent job offer that you have received from a genuine Canadian employer. In addition, all applications must include supporting documents in relation to your civil status, education, work experience and language proficiency (IELTS and/or TEF results) as well as proof of sufficiant settlement funds. Proof that you have applied for police clearance certificate(s) should also be included with the initial application.

 

Under the Family Sponsorship category of Canadian immigration, supporting documents usually include evidence of civil status, the genuine nature of the relationship between the parties and the ability to commit to an undertaking of support.

 

Under the Provincial Nomination Program of Canadian immigration or if you are intending to reside in the Province ofQuebec, you will have to submit forms and documents as per the province's specific requirements.

 

Under the Canadian Experience Class category of Canadian immigration, supporting documents will include proof of your language proficiency (IELTS and/or TEF results), proof of your having worked in Canada and, if applicable, proof of your post-secondary studies in Canada.

 

Under all categories of Canadian Immigration, Citizenship and Immigration Canada requires Police Clearance Certificates from all countries that you have resided in for more than six months since your 18th birthday.

 

Canadian Immigration Visa Offices may, in addition, have specific requirements regarding supporting documentation. It is advisable to seek expert guidance or instructions from the Canadian Immigration Visa Office to which your application will be submitted.

 

  • When must I submit the supporting documentation?

This depends upon the category of Canadian immigration under which you are applying and the Canadian Immigration Visa Office to which you are submitting your application.

 

Under the Skilled Worker/Professional category of Canadian immigration, all documents need to be submitted along with your initial application to the Central Intake Office (CIO) in order to be considered.

 

Under the Family Sponsorship category of Canadian immigration, all supporting documents including Police Clearance Certificates and proof that a medical examination has been undergone by the sponsored person(s) must be submitted with the initial application.

 

Under the Entrepeneur and Self-Employed Persons business categories of Canadian immigration, as a general rule you submit only a basic application form and Canadian government processing fees to the Canadian Visa Office responsible for your country of citizenship or for the country in which you are currently residing if you were lawfully admitted to that country for at least one year. Approximatley four months prior to the assessment of your application you will be requested to submit supporting documents in relation to your civil status and business management experience.

 

Under the Investor business category of Canadian immigration, all supporting documents must be submitted to the appropriate Canadian Immigration Visa Office at the time that the application is initially submitted.

 

Under the Provincial Nomination Program of Canadian immigration or if you are intending to reside in the Province ofQuebec, all supporting documents in relation to the provincial nomination must be submitted with the initial application to the province.

 

Under the Canadian Experience Class category of Canadian immigration, all supporting documents must be submitted to the appropriate Canadian Immigration Visa Office at the time that the application is initially submitted.

 

  • In what language must my supporting documentation be submitted?

Unless otherwise indicated by a particular Canadian Immigration Visa Office, all supporting documentation in a language other than English or French must be accompanied by an English or French translation, as translated by a certified translator.

 

  • Can my file be transferred from one Canadian Immigration Visa Office to another?

Under the Skilled Worker category, applications must first be submitted to the Centralized Intake Office (CIO) at CPC-Sydney in Nova Scotia. The application will then be transferred to the Canadian Immigration Visa Office outside Canada that is responsible for the country where you are residing (if you have been lawfully admitted to that country for a period of at least one year) or the country of your nationality. Applicants are responsible for indicating the correct visa office on their forms and marking the incorrect visa office may result in the return of the application.

 

Under any category of Canadian immigration, a request to transfer your application to another Canadian Immigration Visa Office may be made to the Canadian Immigration Visa Office processing your application. The latter will decide, based upon "program integrity", whether or not to transfer your application. In certain circumstances, the Canadian Immigration Visa Office processing your file may decide on its own to transfer your file to a different, more appropriate Canadian Immigration Visa Office, even without a request.

 

  • How long does the Canadian Immigration application process take?

Many factors affect Immigration application processing times, including the following:

  •     the particular Canadian Immigration Visa Office processing your application;

  •     the category of Canadian Immigration under which you apply;

  •     whether you can find work in Canada;

  •     the way in which your application and supporting documents have been prepared;

  •     whether or not you are required to attend a personal interview; and,

  •     events beyond your control.

 

It is difficult to find a reliable source to provide you with an accurate indication of just how long it will take for you to receive   your Canada Immigration Visa. Citizenship and Immigration Canada publishes all Canadian Immigration Visa Offices' application processing times for Skilled Workers, Business Applicants, Provincial Nominees and Family Sponsorships. However, those published times are not always current and are also vague. Information you may find on newsgroups and forums is even less trustworthy as there is no accountability for the messages posted on them. Be suspect of anyone who tells you that there is a way to get your Canada Immigration Visa quicker for a fee; it is not true.

 

The Minister of Citizenship and Immigration has announced that the government's goal is to complete the processing of all applications submitted after February 27, 2008 under the Skilled Worker category of Canadian immigration within 6 to 12 months.

 

  • What is meant by the "locked-in" date?

A locked-in date is the date on which the Canadian Immigration Visa Office receives completed application forms and proper payment of the processing fees. The Federal Court of Canada has determined the locked-in date to be the date on which certain selection factors must be assessed.

 

  • Who can I include on my Canada Immigration (Permanent Resident) Visa?

You can include your spouse and your dependent children on your application. For the purposes of you application, a dependent child is defined as a child less than 22 years of age who is not married or in a common-law relationship, or a child over the age of 22 who is currently enrolled in an education institution and is financially dependent on you. It is important to keep in mind that Canada recognizes same-sex partnerships.

 

  • What if my relationship status changes or I have children while my application is in process or after my Canada Immigration (Permanent Resident) Visa has been issued?

You must keep the Canadian Immigration Visa Office informed of any changes in your family composition while your application is in process. You must add your spouse or child to your application for a Canada Immigration (Permanent Resident) Visa so that they can accompany you to Canada. If your family composition changes after your Visa is issued, you must advise Citizenship and Immigration Canada to add a spouse or child to your application, provided you have not yet landed in Canada.

11. Medical Examinations

 

  • Will I have to take a medical exam?

All Canadian immigration applicants are required to undergo medical examinations.

 

These examinations are intended to detect any conditions, which may affect the health of the Canadian public, or which may result in excessive demands being placed upon Canadian health or social services.

 

The medical examination includes a standard physical examination, blood tests, urine tests, and X-Rays.

 

  • How long are medical examinations valid for?

Medical Examinations are valid for one year from the date of the examination. You must undergo a new medical examination if your visa has not been issued within one year from your medical examination date.

 

  • Will my application be rejected if I have a certain disease or disorder?

Each medical case is analyzed individually, taking into account your full medical history. If the disease or disorder poses health risks to Canadians or places excessive demands on the Canadian health care system, it may result in medical inadmissibility.

 

  • Which medical conditions may cause me to be inadmissible to Canada?

Applicants intending to enter Canada as permanent residents may be denied entry to Canada if their health or any of their dependents' health (whether accompanying or not):

  • Is a danger to public health or safety; or

  • Would cause excessive demand on the Canadian health care system or on social services in Canada

  • Are there any exceptions made for medically inadmissible dependents?

Yes, in the Family Sponsorship category, the "excessive demand on health or social services in Canada" factor is waived for:

  • Spouses, common-law partners or conjugal partners

  • Dependent children

 

  • If I am pregnant, will I still have to undergo the medical examination?

For the safety of the fetus, X-rays are not taken of pregnant applicants until after delivery of the baby. After the birth, the mother and infant will undergo medical examinations.

 

  • Can my dependents undergo the medical examination in another country?

The medical examination is given around the world by designated medical practitioners (DMP). Regardless of the Canadian Immigration Visa Office to which the application is submitted, the services of a designated medical practitioner in any part of the world may be used.

 

  • Will my non-accompanying dependents be required to complete medical examinations?

Accompanying and non-accompanying dependents are required to undergo medical examinations. In limited circumstances, if a non-accompanying dependent is unwilling or unable to undergo a medical examination, it may be possible to have the individual exempted. However, such non-accompanying dependents will not be eligible for subsequent sponsorship as members of the Family Sponsorship category.

 

  • Recently, I completed medical examinations for my Canadian Temporary Resident Visa/Work Permit/Study Permit. Must I complete additional medical exams for my permanent resident application?

Yes, you will have to undergo an additional medical examination.

12. Security Clearance

 

  • What is a Police Certificate?

All applicants for Canada Immigration (Permanent Resident) Visas, 18 years of age and older, must submit a Police Certificate from each country in which they have lived in for 6 months or more since their 18th birthday as part of the security clearance process. Police Certificates may go by different names in different countries. They are official documents that indicate any prior criminal activity.

 

If officials in a particular country refuse to issue a Police Certificate, it would be helpful if you could obtain a written statement from them confirming that they refused to issue the certificate.

 

  • When must I submit the Police Certificate?

This depends on the category of Canada immigration under which you are applying and the Canadian Immigration Visa Office to which your application is being submitted. Police Certificates are only valid for a limited period of time. For more detailed information, you should seek expert advice or get instructions from the Canadian Immigration Visa Office where you will submit your application.

 

  • How do I obtain a Police Clearance Certificate?

It depends upon the country from which you require a Police Clearance Certificate. View detailed instructions on how to obtain a Police Clearance Certificate from each country.

 

  • Can I omit a Police Certificate from one or more countries?

If a Police Certificate is not forthcoming from a particular country, a written statement from the police officials of the country confirming their refusal to issue the certificate may be required. Citizenship and Immigration Canada may even waive this requirement altogether if a clear obstacle can be demonstrated.

 

Applicants should assume that certificates must be obtained.

 

  • What is a background clearance?

A background clearance detects applicants who "are, or have been, involved in espionage, subversion, or terrorism." It is separate from and in addition to a Police Certificate. The background clearance is conducted by the Canadian government without the participation of the applicant.

 

  • What kind of criminal history would cause me to be inadmissible to Canada?

Individuals wishing to enter Canada, either permanently or temporarily as visitors, foreign workers or international students, may be denied entry if they or their dependents are deemed criminally inadmissible.A person may be considered inadmissible on the grounds of either:

  • Criminality

  • Serious criminality

 

  • What is criminality?

Criminality is:

Within Canada:

  • A conviction of an indictable offence punishable by a sentence of less than ten years; or

  • A conviction of two or more summary offences

Outside Canada:

  • A conviction of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years; or

  • A conviction of two or more acts that, if committed in Canada, would be equivalent to summary offences;

  • A conviction of an act that, if committed in Canada, would be equivalent to a hybrid offence punishable by a sentence of less than ten years; or

  • The commission of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years.

  • What is serious criminality?

Serious criminality is:

Within Canada:

  • A conviction of an act punishable by a maximum sentence of at least ten years; or

  • A conviction that has led to a prison term of at least six months.

Outside Canada:

  • A conviction of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a maximum sentence of at least ten years; or

  • A conviction of an act that, if committed in Canada, would be equivalent to a hybrid offence punishable by a maximum sentence of at least ten years; or

  • The commission of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a maximum sentence of at least ten years.

  • What is a hybrid offence?

A hybrid offence is an offence that may be prosecuted in Canada either by way of indictment or summary conviction.

 

A conviction for an act outside Canada that is equivalent to a hybrid offence in Canada will be considered an indictable offence for Canada immigration purposes. Even if the conviction was a summary conviction in the location where it occurred, it will still be considered an indictable offence by Citizenship and Immigration Canada (CIC) as long as the offence is equivalent to a hybrid offence in Canada.

 

  • May I still enter Canada if I am criminally inadmissible?

If you are otherwise qualified but are criminally inadmissible, you may be allowed to enter Canada if Citizenship and Immigration Canada (CIC) considers you criminally rehabilitated under either:

  • Deemed rehabilitation

  • Individual rehabilitation

 

  • How do I qualify for deemed rehabilitation?

Persons who are inadmissible on grounds of may still be permitted to enter Canada if they qualify for deemed rehabilitation

 

Persons qualify for deemed rehabilitation if they have:

  • Been convicted outside Canada of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years, and they meet the following requirements:

         - Ten years have elapsed since the completion of their sentence;

         - They have not been convicted of any indictable offence or summary offence in Canada in the last ten years, or more than one summary conviction             in the ten years before that; and

        - They have not been convicted outside Canada of an offence in the last ten years that, if committed in Canada, would constitute an indictable                    offence, or of more than one summary conviction in the ten years before that.

 

Or

 

  • Been convicted outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences, and they meet the following requirements:

          - Five years have elapsed since the completion of their sentences;

          - They have not been convicted of any indictable offence or summary offence in Canada in the last five years, or more than one summary                            conviction in the five years before that; and

         - They have not been convicted outside Canada of an offence in the last five years that, if committed in Canada, would constitute an indictable                     offence, or of more than one summary conviction in the five years before that.

 

Or

 

  • Committed an act outside Canada that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years, and they meet the following requirements:

          - Ten years have elapsed since the completion of their sentence;

          - They have not been convicted of any indictable offence or summary offence in Canada in the last ten years, or more than one summary                            conviction in the ten years before that; and

          - They have not been convicted outside Canada of an offence in the last ten years that, if committed in Canada, would constitute an indictable                    offence, or of more than one summary conviction in the ten years before that.

 

  • How do I qualify for individual rehabilitation?​

Persons who are inadmissible on grounds of serious criminality cannot qualify for deemed rehabilitation; that is, simple passage of time after the completion of their sentence does not alone qualify them for rehabilitated status.

 

However, persons who fall under the serious criminality classification, as well as others who do not qualify for deemed rehabilitation, may still qualify under the individual rehabilitation category.

 

To qualify for individual rehabilitation, the person must:

  • Wait five years after the completion of their sentence before applying; and

  • Demonstrate that they have been rehabilitated and are no longer a risk for criminal activity. This may require demonstrating:

      -    A stable lifestyle

      -    Community ties

      -    Social and vocational skills

      -    That the criminal offence was an isolated event

 

  • If I cannot qualify for rehabilitation, are there any other options available if I need to enter Canada with a criminally inadmissible record?

Yes. If the applicable rehabilitation requirements have not been met, but an otherwise criminally inadmissible person has a pressing need to enter Canada, a Temporary Resident Permit (TRP) may be granted.

 

A TRP will only be granted if the danger to the Canadian public is outweighed by the criminally inadmissible person's need to be in Canada. Therefore, both the seriousness of the person's prior offence(s) and the legitimate urgency of their need to enter Canada (such as visiting a dying relative) will factor into the decision.

Specific Canada Immigration Questions

1. Federal Skilled Workers (Professionals)

 

  • Do I qualify for a Canada Immigration Visa under the Federal Skilled Worker Category?

To be eligible for a Canada Immigration (Permanent Resident) Visa under the Skilled Worker category, you must:

  • have at least one year of continuous full-time or equivalent paid work experience in the past 10 years in one of 24 eligible occupations; or

  • qualify for Arranged Employment with a Labour Market Opinion; or

  • have completed a PhD from a recognized institution in Canada; or

  • have completed 2 years of study at a recognized institution in Canada towards a PhD;

  • have sufficient funds for settlement in Canada; and

  • pass a minimum threshold of language ability for one of Canada's two official languages (English/French)

 

In addition, Canada Federal Skilled Worker (Professional) applicants must attain at least 67 points based on Citizenship and Immigration Canada's (CIC) immigration selection factors.

 

In addition, all applicants for a Canada Immigration Visa and their accompanying and non-accompanying dependents, under all categories of Canadian Immigration, must satisfy Canadian health and security/criminality requirements.

 

  • Can I still qualify as a Federal Skilled Worker if I do not have work experience in the 24 qualifying occupations?

 

In the event that you do not have any work experience in one of the 24 eligible occupations, you may also qualify if you have Arranged Employment in Canada, or have completed a PhD in Canada or two years of study in Canada towards the attainment of a PhD, and meet the 67-point pass mark.

 

  • Can you assess my eligibility under the Skilled Worker category?

 

Yes, as a first step, we recommend that you complete our free assessment form so that we may determine your eligibility for Canadian Immigration under the Skilled Worker category. Alternatively, if you feel that you are qualified as a Skilled Worker and you wish to know more about our services, or would like us to answer your questions, you maycontact Attorney David Cohen and he will be pleased to respond to you.

 

  • May I qualify under the Skilled Worker category even if I score less than 67 points?

 

Yes, Canada accepts Skilled Workers based upon their ability to become economically established in Canada. If the Canadian Immigration Visa Officer believes that the point total does not accurately reflect your ability to become economically established in Canada, the Canadian Immigration Visa Officer may use his or her positive discretion (referred to as substituted evaluation) and approve your application even though you score less than 67 points.

 

However, at a minimum, you must have worked continuously for a period of at least one year, within the last ten years, in a full-time (or part-time equivalent) paid position at a skill level recognized by Citizenship and Immigration Canada.

 

Additionally, you must meet CIC requirements to have either one continuous paid full-time year of work experience in the 24 qualifying occupations in the past 10 years; OR Arranged Employment.

 

  • May I be refused under the Skilled Worker category even if I score more than 67 points and have the appropriate work experience?

 

Yes, Canada accepts Skilled Workers based upon their ability to become economically established in Canada. If the Canadian Immigration Visa Officer concludes that you will not become economically established in Canada, the Canadian Immigration Visa Officer may use his or her negative discretion (referred to as substituted evaluation) and refuse your application even though you score at least 67 points. Moreover, an applicant may be inadmissable to Canada due to health or security issues, no matter how many point are rewarded under the Skilled Worker Category.

 

  • Can the Skilled Worker category pass mark change?

 

Currently, the pass mark under the Skilled Worker category is 67 points. Citizenship and Immigration Canada may raise or lower the pass mark without any advance notice. If you currently score at least 67 points, and otherwise qualify for a permanent resident visa, you would be well advised to submit your Canadian Immigration Application at the earliest.

 

  • What happens if the pass mark changes before I receive my Canada Immigration Visa?

 

Canadian Immigration law and regulations permit the Minister of Citizenship and Immigration Canada to change the pass mark and even to implement the change retroactively. Whether or not Citizenship and Immigration Canada will impose a pass mark change retroactively is a separate issue. The Federal Court of Canada has signaled its disfavour with the practice of retroactivity in Canadian Immigration matters.

 

  • What documents must be included in support of my Application under the Federal Skilled Worker category?

 

Under the Federal Skilled Worker category, you must submit the following, in support of your application:
appropriate Canadian government processing fees;

  • appropriate application forms, signed and completed;

  • appropriate Canadian government processing fees;

  • identity and civil status documents;

  • travel documents and passports;

  • evidence of education training/professional qualifications;

  • evidence of work experience;

  • the IELTS and/or TEF results;

  • Canadian educational credential assessment;

  • evidence of Arranged Employment, if applicable;

  • evidence of points claimed, if any, under the adaptability factor;

  • police certificates and clearances;

  • proof of settlement funds;

 

It is important to note that many Canadian Immigration Visa Offices have their own specific document requirements that must be respected in order to avoid having your application returned, delayed or even refused.

 

  • Under the Federal Skilled Worker category, when must I submit my supporting documents?

Under the Federal Skilled Worker category of Canadian Immigration, your initial submission to the Central Intake Office (CIO) in Sydney, Nova Scotia must include application forms, copy of your passport bio-data page, appropriate Canadian government processing fees in Canadian dollars payable to the Receiver General for Canada, as well as additional documents in relation to your civil status, education, work experience, educational credential assessment results and language proficiency as well as proof of sufficient settlement funds. Failure to include all of the aforementioned may result in a returned application.If you are claiming points for Arranged Employment, you must also include a letter from your Canadian employer confirming that you will be employed indeterminately upon receiving your Canada Immigration (Permanent Resident) Visa along with a copy of the positive Labour Market Opinion issued by Human Resources and Social Development Canada (ESDC), or your Work Permit, or both, depending on the circumstances.

 

If you are an international student in Canada you must also include a copy of your Study Permit or other proof of your student status. 

2. Provincial Nomination Program

 

  • What is the Provincial Nomination Program?

 

The Provincial Nomination Program was established by Citizenship and Immigration Canada to allow Canada's different provinces and territories to select individuals who indicate an interest in settling in a particular province/territory and who will be able to contribute to that province/territories' economic development.

 

Most, but not all, provinces and territories of Canada participate in the Provincial Nomination Program.

 

  • Which Provinces participate in the Provincial Nomination Program?

 

The following provinces participate in the Provincial Nomination Program:

  • Alberta

  • British Columbia

  • Manitoba

  • New Brunswick

  • Newfoundland and Labrador

  • Northwest Territories

  • Nova Scotia

  • Ontario

  • Prince Edward Island

  • Saskatchewan

  • Yukon

 

  • Is the Province of Quebec part of the Provincial Nomination Program?

No. Quebec has a separate agreement with the Government of Canada, which allows the province to select individuals who indicate a desire to reside in that province. The Quebec government is the only provincial government with the authority to determine the selection of individuals outside of the Provincial Nomination Program. Quebec has its ownImmigration Selection Criteria.

 

  • Is Provincial Nomination a requirement for Canada immigration?

No. You can obtain a Canada Immigration (Permanent Resident) Visa without Provincial Nomination.

 

  • What is the advantage of obtaining Provincial Nomination?

A Provincial Nomination means that your application for a Canada Immigration Visa will be processed quickly and it provides another way of qualifying for a Canada Immigration (Permanent Resident) Visa apart from the Federal Skilled Worker category of Canadian immigration.

 

  • Where and when does an application under the Provincial Nomination Program get submitted?

An application under the Provincial Nomination Program is submitted to the appropriate provincial government office, before submitting an application for a Canada Immigration (Permanent Resident) Visa.

 

  • Does receiving a Provincial Nomination guarantee a Canada Immigration Visa?

No. Citizenship and Immigration Canada must be satisfied that a Provincial Nominee meets statutory requirements - health, security and authenticity of documents - before issuing a Canada Immigration Visa.

 

  • What criteria do most provinces look for in their Nominees?

Most provinces are looking for individuals who will contribute to the province's economic growth, and are willing to settle in that province. Criteria that provinces take into consideration may include the following:

  • Job offer in the province

  • Education

  • Work experience in critical industries

  • English and/or French Language skills

  • Close relations in that province

  • Ability to adapt to life in that province

 

  • Individual Provincial Nomination Program

 

- Alberta PNP FAQ

 

  • What is the Alberta Immigrant Nominee Program

 

The Alberta Immigrant Nominee Program (AINP), previously named the Alberta Provincial Nomination Program, is a process in which the Province of Alberta nominates candidates to immigrate to and settle in the province. It is administered by the Ministry of Employment and Immigration on behalf of the Government of Alberta.

 

  • How does then AINP work?

 

There are eight different streams under the AINP system, each with their own categories:

  • U.S. Visa Holder Stream - PERMANENTLY CLOSED

  • Engineering Occupations Stream

  • Strategic Recruitment Stream

  • Compulsory and Optional Trades Stream

  • Skilled Worker Stream

  • International Graduate Stream

  • Semi-Skilled Worker Stream

  • Family Stream - PERMANENTLY CLOSED

  • Self-Employed Farmer Stream.

 

  • What is the Employer Driven Stream?

 

The Employer Driven Stream is a process in which employers in Alberta can nominate the workers they need from outside Canada if they have been unable to fill vacant permanent positions with Canadian citizens or Permanent Residents. If an employer has extended a permanent job offer to a candidate, and the candidate has accepted a job offer, they can apply for a Provincial Nomination Certificate.

There are three categories in the Employer Driven Stream:

  • The first is the Skilled Worker Category, in which the position to be filled is a skilled occupation that falls under the "0" skill type or “A,” or “B” skill levels in the National Occupation Classification.

  • The second is the International Graduate Category, in which an employer is filling a position (in the “A,” “0” or “B” skilled levels) with a foreign student who has completed post-secondary education at a publicly-funded institution in Canada.

  • The third category is the Semi-Skilled Worker Category, in which the position to be filled is in a specific industry but does not fall under the "0" skill type or “A,” or “B” skill levels, but rather under the “C” and “D” skill levels.

 

  • What is the Strategic Recruitment Stream?

 

The Strategic Recruitment Stream is a process in which the Province of Alberta nominates people to become permanent workers in Alberta according to the province’s needs. However, a job offer from an Alberta employer is not required.

There are three categories in the Strategic Recruitment Stream:

  • The US Visa Holder Category (ON HOLD UNTIL FURTHER NOTICE),

  • The Compulsory and Optional Trades Category, and

  • The Engineering Occupations Category.

 

  • What is the US Visa Holder Category of the Strategic Recruitment Stream?

You can apply under this category if you are currently working in the US on a valid H1-B, H1-B1, H-1C, or E-3 visa in an eligible occupation, that Alberta considers an “Occupation Under Pressure,” if your US temporary work visa will be valid at the time you receive your Provincial Nomination. In addition, you must have a minimum of one year of work experience in the United States.

 

- British Columbia PNP FAQ

 

  • What is the British Columbia Provincial Nominee Program?

 

The British Columbia Provincial Nominee Program (PNP) is a process that allows the province of British Columbia to nominate immigrants to fill the economic and labour market needs of the province. There are two streams under the British Columbia PNP: the Strategic Occupations Stream and the Business Immigrants Stream.

 

  • What is the Strategic Occupations Stream?

 

This stream is for applicants who have a job offer from an employer in British Columbia that cannot be filled by a Canadian citizen or permanent resident, and are either:

  • A skilled worker;

  • A health care professional;

  • An international graduate; or

  • A semi-skilled worker.

However, the BC government recently introduced a category for international graduates holding masters or doctorate degrees in the natural, applied and health sciences from eligible BC universities. These graduates must have obtained their degrees in the last two years, and do not require a job offer from a BC employer in order to apply for provincial nomination.

 

  • Who is considered a skilled worker under the British Columbia Provincial Nominee Program?

 

To be considered a skilled worker under the British Columbia PNP, an applicant must have a job offer in an eligible occupation in levels 0, A, and B of Canada's National Occupational Classification Matrix (NOC).

 

  • Who is considered a health care professional under the British Columbia Provincial Nominee Program?

Physicians, registered nurses and registered psychiatric nurses, and midwives are considered health care professionals under the British Columbia PNP.

 

  • Who is considered an international graduate under the British Columbia Provincial Nomination Program?

To qualify as an international graduate under the British Columbia PNP, an applicant must have graduated from a recognized British Columbia post-secondary institution within the last two years, and have completed the required portion of their degree/diploma in BC. They must also receive a full-time job offer from a British Columbia employer.

 

  • Who is considered a semi-skilled worker under the British Columbia Provincial Nomination Program?

To qualify as a semi-skilled worker under the British Columbia PNP, you must work in select Tourism/Hospitality occupations, Long-Haul Trucking occupations, and Food Processing occupations. Note: this Entry-Level and Semi-Skilled category is currently a pilot project.

 

  • What is the Business Immigrants Stream of the British Columbia PNP?

This stream is for experienced business people who intend to invest in a British Columbia business and actively manage it. There are three categories of the Business Immigrants Stream: Business Skills, Regional Business, or Strategic Projects.

Applicants who meet the requirements for one of the three categories, must also meet the following eligibility criteria:

  • The primary purpose of the business is to earn profits from active income from the supply of products/services;

  • The business' sustained commercial viability must be probable;

  • The business must provide economic benefit to BC by contributing to one of the following:

- increasing the exports of goods/services;

- increasing value-added manufacturing, processing, or primary resource activity;

- increasing BC tourism;

- increasing research and development and technology commercialization;

- creating innovative approaches to traditional businesses;

- servicing an unserved regional market;

- transferring skills, technology, and know-how to BC.

 

  • What are the requirements of the Business Skills Category under the Business Immigrants Stream?

Applicants in the Business Skills Category must have:

  • A minimum net worth of CDN $800,000;

  • A minimum investment of CDN $400,000 to establish the eligible business or purchase and expand an eligible business;

  • A minimum ownership of 1/3 of the equity of the business;

  • A business plan to create a minimum of 3 new jobs for Canadian citizens or Permanent Residents;

  • The skills and experience necessary, successful business experience, and an active on-going management role in the business.

 

  • What are the requirements of the Regional Business Skills Category under the Business Immigrants Stream?

Applicants in the Regional Business Category must have:

  • A business project located outside the Vancouver and the Abbotsford Metropolitan Areas;

  • A minimum net worth of CDN $400,000;

  • A minimum investment of CDN $200,000 to establish the eligible business or purchase and expand an eligible business;

  • A minimum ownership of 1/3 of the equity of the business;

  • A business plan to create a minimum of 1 new job for a Canadian citizen or Permanent Resident;

  • The skills and experience necessary, successful business experience, and an active on-going management role in the business.

 

  • How is the Strategic Projects Category of the Business Immigrants Stream different from the other two categories?

The Strategic Projects Category allows foreign firms who are establishing a presence in British Columbia to bring in key foreign professional, managerial, or technical staff (up to 5) intending to become Canadian Permanent Residents.

 

  • What are the requirements for the Strategic Projects Category under the Business Immigrants Stream?

Companies in this category must:

  • Make a minimum equity investment of CDN $500,000;

  • Create a minimum of 3 new jobs for Canadian citizens or Permanent Residents for every nominee applicant put forward by the company;

  • Demonstrate that the nominee applicants are essential to the proposed business;Demonstrate that they have a record of good business practices.

 

  • Can I fast-track my application under the Business Immigrants Stream?

 

No. The fast-track option has been suspended.

 

- Manitoba PNP FAQ

 

  • What is the Manitoba Provincial Nominee Program (MPNP)?

 

The Manitoba Provincial Nominee Program (MPNP) is a program that allows the province of Manitoba to nominate potential immigrants according to the needs of the province. There are several streams under the MPNP:

  • Skilled Workers Overseas Stream

  • Regular International Students Stream and the International Student Strategic Initiative Stream

  • Employer Direct Stream

  • Young Farmer

  • Business Immigration Stream

 

  • What are Priority Assessment Streams?

 

Applications under Priority Assessment Streams are assessed before other MPNP applications, and are for applicants who can show the highest potential for successful settlement in Alberta. The Priority Assessment Streams under the MPNP are the following:

  • International Students Stream

  • Employer Direct Stream

 

  • What is the Skilled Workers Overseas Stream?

 

This stream is for applicants who meet certain education and employment qualifications and have a connection to Manitoba. The connection may be:

  • A relative in Manitoba

  • A close friend or a distant relative in Manitoba

  • At least six months’ work experience in the province

  • At least one year of education in Manitoba, excluding language programs

 

  • What are the International Students streams?

 

The regular International Student stream is an employer-driven stream that enables foreign students who have graduated from a post-secondary institution in Manitoba and have worked for an employer in Manitoba for at least six months on a Post Graduate Work Permit. Applicants need a permanent job offer from this employer, and the job must be related to their studies in Manitoba. In the International Student Strategic Initiative Stream, applicants who graduate from a Manitoba post-secondary educational program of at least two academic years can apply immediately to the Provincial Nominee Program in advance of receiving an offer of employment.

 

  • What is the Employer Direct Stream?

You can apply under this stream if you have been working in Manitoba on a Temporary Work Permit for at least six months, and have a permanent, full-time job offer from your Manitoba employer. You must show the intention to permanently settle in Manitoba, and that you have the necessary education and skills for the job you are being offered.

 

  • What is the Provincial Nominee Program for Business?

The Provincial Nominee Program for Business enables the province to nominate applicants who show the ability and intention to start a business in Manitoba, purchase a business in the province or become partners in an existing business in the province.

 

  • What is the Farm Strategic Recruitment Initiative?

The Farm Strategic Recruitment Initiative is designed to attract experienced farmers who will start a farm or purchase an existing farm operation.

 

- New Brunswick PNP FAQ

 

  • What is the New Brunswick Provincial Nominee Program?

 

The New Brunswick Provincial Nominee Program (NB PNP) is a process that allows New Brunswick to nominate immigrants to settle and work in the province. There are three categories under the New Brunswick Provincial Nominee Program: the Job Offer Applicants category, the Family Support category, and the Business Applicants category.

 

  • What is the Job Offer Applicants category of the New Brunswick Provincial Nominee Program?

 

This category is for applicants who have received a job offer from a New Brunswick employer who has been unable to fill the position with a Canadian citizen or Permanent Resident. The job offer must be for a permanent, fulltime position and the compensation must be consistent with regional wages and existing collective bargaining agreements. The applicant who has been offered a job must also score a minimum of 50 points on a self-assessment test and make sure they have obtained the necessary Canadian and New Brunswick credentials for the position, if required

 

  • What is the Business Applicants category of the New Brunswick Provincial Nominee Program?

 

This category is for applicants who wish to establish a business in New Brunswick and settle there permanently. Applicants must submit a preliminary business plan to the Population Growth Secretariat of New Brunswick. A program officer will evaluate the business plan, and the applicants will be invited to an interview. Applicants who are invited to an interview will be expected to make an exploratory visit to New Brunswick in order to:

  • Learn more about the economic environment both in the province and the sector of the planned business;

  • Meet with local economic development agencies, known as Regional Enterprise Agencies;

  • Research the housing, schooling and community options in the province; and

  • Explore business opportunities

 

  • Apart from an approved business plan, what other criteria must Business Applicants fulfill?

 

Business Applicants must also:

  • Intend to play an active role in the management of their planned business;

  • Show evidence, for at least three of the last five years, of business ownership or management experience in the industry of their planned business;

  • Speak enough English or French for an interview or take steps to learn English or French before they are nominated;

  • Score a minimum of 50 points on a self-assessment test;

  • Demonstrate that they have enough funds for their planned business venture and to support their family for two years; and

  • Sign an agreement to settle permanently in New Brunswick

 

  • What is the Family Support category of the New Brunswick Provincial Nominee Program?

 

The Family Support category enables citizens and permanent residents of New Brunswick who have been living in the province for a at least one year to assist family members to settle in New Brunswick. Applicants must also fulfill the following criteria:

  • Be between the ages of 22 and 50;

  • Meet minimum language requirements in English or French;

  • Have two years of full-time experience in the last five years in their intended occupation in New Brunswick;

  • Meet education and qualifications requirements for their intended occupation;

  • Have the intent to settle in New Brunswick as well as necessary funds.

 

In addition to being a close family member to the applicant, the Supporter must fulfill the following criteria:

  • The Supporter must be a Canadian Citizen or Permanent Resident, residing full-time in New Brunswick;

  • The Supporter must be operating a business or working in New Brunswick for at least 12 consecutive months;

  • They must be financially self-supporting;

  • They must agree to participate in an interview with an official from the Population Growth Division;

  • The Supporter must agree to assist the applicant in creating a Settlement Plan; and

  • They may only support one applicant (and their dependents) at a time

Newfoundland and Labrador PNP FAQ

 

  • What is the Newfoundland and Labrador Provincial Nominee Program?

 

The Newfoundland and Labrador Provincial Nominee Program (NL PNP) is a program that allows the province ofNewfoundland and Labrador to nominate immigrants based on the needs of the province. There are three categories under the Newfoundland and Labrador PNP:

  • Skilled Worker

  • Immigrant Entrepreneur (under revision)

  • International Graduate

 

  • What is the Occupational/Skilled Worker Category?

 

This category is for applicants who have received a valid job offer from a Newfoundland and Labrador employer who can show the position could not be filled locally, and that the applicant’s skills will have a critical impact on the successful operation of the business. The applicant must have the background (training, education, experience) and credentials that the position requires.

 

  • What is the Immigrant Entrepreneur Category?

 

(This program is currently under revision)This category is for applicants who wish to start a new business, or purchase all or part of an existing one in Newfoundland and Labrador. Applicants must intend to be self-employed in that business, and first submit a business plan in what is called the Pre-Assessment phase, and can only submit an application from provincial nomination once this business plan has been approved.

 

  • What other criteria must applicants fulfill to qualify under the Immigrant Entrepreneur Category?

 

(This program is currently under revision) The applicant’s intended business activity must be in a business that is expected to grow in a strategic sector. In addition the applicant must show at least five years of experience managing a business, have a minimum net worth of CDN $450,000, of which CDN $350,000 must be in liquid assets, and invest at least CDN $200,000 in the new or existing business. All applicants must make an exploratory visit to the province and be interviewed by the Department of Human Resources, Labour and Employment of the Office of Immigration and Multiculturalism.

 

  • What is a Strategic Sector?

 

(The Immigrant Entrepreneur Category is currently under revision) The following sectors are considered Strategic Sectors in Newfoundland and Labrador:

  • Biotechnology

  • Environmental industries

  • Aerospace

  • Information technology

  • Research and development

  • Science and technology

  • Manufacturing

  • Oil and gas

  • Mining

  • Agricultural and Agrifoods

  • Healthcare

  • Tourism: winter/adventure and eco- tourism operations

  • Creative and Cultural Industries

  • Fisheries: valued-added enterprises or aquaculture

 

  • What is the International Graduate Category?

 

Foreign students who have graduated from a post-secondary program at a Canadian institution may be eligible for a provincial nomination under this category. Students must have received a degree, certificate or diploma from this institution within the 2 years preceding the date of application, and have studied in Canada for a specified period of time. Study must have been for a minimum of two years full-time, or 1 year if the program completed required a previous degree or diploma. In addition, students must have received a job offer for a position related to their field of study from an employer in the province.

 

Nova Scotia PNP FAQ

 

  • What is the Nova Scotia Nominee Program?

 

The Nova Scotia Nominee Program (NSNP) is a process that allows Nova Scotia to nominate immigrants based on the needs of the province and the potential of the applicants to successfully settle in the province. There are three streams under this program:

  • The Skilled Worker Stream;

  • The Family Business Worker Stream; and

  • The Community Identified Stream

 

  • What is the Skilled Worker Stream of the Nova Scotia Nominee Program?

 

This stream is for applicants with a permanent, full-time job offer from a Nova Scotia employer who can demonstrate that they have made a genuine effort to fill the position with a Canadian citizen or Permanent Resident before extending the offer of employment to the applicant. The employers must demonstrate that they will be able to help the applicants settle in Nova Scotia and that they have an acceptable strategy in place to recruit and retain foreign workers.

 

  • What are the eligibility criteria for an applicant who has received a job offer under the Skilled Worker Stream of the Nova Scotia Nominee Program?

Applicants who have received an eligible job offer must:

  • Meet certain age, language proficiency, education and work experience requirements;

  • Show that they have legal status in their country of residence;

  • Show that they intend to settle in Nova Scotia permanently; and

  • Have the necessary education, training and credentials required for the position they have been offered.

 

  • What is the Family Business Worker Stream of the Nova Scotia Nominee Program?

Nova Scotia family business owners can nominate close relatives from abroad to fill positions in their businesses. The business owner or his/her spouse, common-law or conjugal partner must have a close family relationship (sibling, child, grandchild, uncle or aunt, nephew or niece) with the applicant and demonstrate that they will be able to help the applicant settle in Nova Scotia.

 

  • What are the eligibility criteria for an applicant who has received a job offer under the Family Business Worker Stream of the Nova Scotia Nominee Program?

Applicants who have received an eligible job offer from a family member must:

  • Meet certain age, language proficiency, education and work experience requirements;

  • Show that they have legal status in their country of residence;

  • Show that they intend to settle in Nova Scotia permanently; and

  • Have the necessary education, training and credentials required for the position they have been offered.

 

  • What is the Community-Identified Stream of the Nova Scotia Nominee Program?

To apply under this stream, an individual must not be eligible for any other NSNP stream. Applicants who have established strong connections to a mandated Nova Scotia community organization can apply under this stream. The nominating community organization must provide the applicant with a Letter of Identification. In addition, the applicant must show he that he or she is employable and would be able to contribute to the economy of the mandated community.

 

Ontario PNP FAQ

 

  • What is Opportunities Ontario: Provincial Nomination Program?

Opportunities Ontario is a Provincial Nomination Program that enables the province of Ontario to nominate potential immigrants to settle and work in the Province of Ontario. There are two main categories under the new system: The General Category and the International Student Category.

 

  • What is the Opportunities Ontario General Category?

The General Category is for Ontario employers and for investors who wish to hire foreign workers in a skilled occupation (occupations classified as skill type ‘A’, ‘0’, or ‘B’ in the National Occupation Classification). In order to be eligible, the foreign workers must have at least two years of full-time experience in their respective skilled occupations within the last five years.

 

  • Who qualifies as an Investor under this category?

For companies setting up locations in Ontario, eligible investments must exceed CDN $3-million and create at least 5 permanent, full-time jobs in the province. For individuals to be eligible, an investment of at least $1 million is required as well as a 33.3% control in the company and involvement in the day-to-day management of the business.

 

  • What is the Opportunities Ontario International Student Category?

This category allows Ontario employers to hire foreign students who have completed a program of study of at least two years or more at publicly-funded post-secondary educational institution in Canada. The student must have completed at least half their studies in Canada, and must either be in the final semester of their program or have graduated within the last two years. In addition, the student must have studied full-time. NOTE: Students who have obtained a Master's degree or PhD from a publicly-funded Ontario university do not need a job offer to qualify for the program.

 

  • Does my job offer have to be in my field of study under this category?

No. However, it must be in a managerial, professional or skilled occupation (classified as skill type ‘0’, 'A', or ‘B’ in the National Occupation Classification).

 

  • How does the process work?

 

The program is employer-driven, which means that the employer or investor and the job offer must first be approved by Opportunities Ontario before the foreign worker can apply for Provincial Nomination. Once the applicant receives a Provincial Nomination Certificate from Ontario, the application must be submitted at the federal level for criminal and medical checks.

 

  • Does obtaining a Provincial Nomination Certificate mean I have obtained a Canadian Immigration (Permanent Resident) Visa?

 

No. Once you receive your Provincial Nomination Certificate, you must submit your file to immigration authorities in order to have your application for Permanent Residence processed. Citizenship and Immigration Canada is responsible for processing your security and medical checks and issuing your Canadian Immigration (Permanent Resident) Visa. However, as your qualifications will have already been assessed at the provincial level, you will not need to have them assessed at the federal level.

 

Prince Edward Island PNP FAQ

 

  • What is the Prince Edward Island Provincial Nominee Program (PEI PNP)?

 

The Prince Edward Island Provincial Nominee Program is a fast-track category of Canadian immigration in which the province of Prince Edward Island nominates applicants to immigrate to and settle in the province.

 

  • How does the PEI PNP work?

 

To be nominated by Prince Edward Island, an applicant must meet certain age, language, education, experience and adaptability requirements and fall under one of the seven PEI PNP categories.

The PEI PNP consists of two categories and a total of five immigration streams:

  • Labour Impact

- Skilled Worker

- Critical Worker

  • Business Impact

- 100% Ownership

- Partial ownership

- Work Permit

 

  • What is the Skilled Worker Stream of the PEI PNP?

 

This stream is for applicants who have received a job offer from a Prince Edward Island employer in a professional or skilled occupation. In addition to the job offer, applicants must:

  • Have the necessary education and training for the position they are being offered;

  • Be able to speak English or French, as required by the position;

  • Show the intention to settle in Prince Edward Island;

  • Score 50 or more on the PEI PNP Self-Assessment Form; and

  • Have a minimum of 14 years of education and two years of full-time work experience within the last five years

 

  • Which occupations are considered under the Critical Worker Stream?

 

The Critical Worker Stream is open for applicants who have a job offer from a Prince Edward Island employer for one of the following occupations:

  • Truck Driver

  • Customer Service Representative

  • Labourer

  • Food and Beverage Server

  • Housekeeping Attendant

 

Saskatchewan PNP FAQ

 

  • What is the Saskatchewan Immigrant Nominee Program (SINP)?

 

The Saskatchewan Immigrant Nominee Program (SINP) is a process that allows the province of Saskatchewan to nominate immigrants to fill the economic and labour market needs of the province. There are ten categories under this program:

  • Skilled Workers

  • Health Care Professionals

  • Family Members

  • Entrepreneurs

  • Farm Owners/Operators

  • Long Haul Truck Drivers

  • Students

  • Hospitality Sector Project

  • Large-Scale Investors

  • Science and Technology

 

  • How do I qualify as a Skilled Worker under the Saskatchewan Immigrant Nominee Program?

 

You must have a permanent, full-time job offer from a Saskatchewan employer as either a worker in a skilled, professional, or managerial position, or a foreign worker who has been working for a Saskatchewan Employer for at least six months on a Temporary Work Permit.

 

  • How do I qualify as a Health Care Professional under the Saskatchewan Immigrant Nominee Program?

 

You may qualify if you have been working in the Saskatchewan on a Temporary Work Permit as a physician, nurse, or other health care professional for at least six months, and have received a permanent, full-time job offer.

 

  • How do I qualify as a Family Member under the Saskatchewan Immigrant Nominee Program?

 

To qualify under this category, you must have a close family member who is a Citizen or Permanent Resident of Canada and who has been residing in Saskatchewan for at least one year. Your close family member(s) must be willing to sign an affidavit of support, saying that they will provide you with settlement assistance. In addition, you must:

  • Be between 18 and 49 years of age;

  • Have completed at least one year of full-time postsecondary education and received a degree, certificate or diploma;

  • Have at least one year of full-time work experience in the last ten years in your intended occupation;

  • Speak enough English to be able to work in Saskatchewan; and

  • Have a permanent, full-time job offer from a Saskatchewan employer, or intend to find employment in Saskatchewan and have enough funds to initially settle in Saskatchewan.

 

  • Who is considered a close family member under the Family Member Category of the Saskatchewan Immigrant Nominee Program?

 

Under this category, a close family member can be a parent, a sibling, a child, an aunt or uncle, a niece or nephew, a grandparent, a first cousin, a step-family member or an in-law of the same relationship.

 

  • How do I qualify as an Entrepreneur under the Saskatchewan Immigrant Nominee Program?

 

To qualify as an Entrepreneur under the Saskatchewan Immigrant Nominee Program, you must have a personal net worth of more than CDN $300,000, and be willing to invest $150,000 in a new or existing Saskatchewan business. In addition, you must:

  • Demonstrate 3-5 years of business management or business ownership experience;

  • Plan to have an ongoing management role in the business;

  • Have enough funds for the establishment of the new business or partnership in the existing business;

  • Submit a Business Proposal or a Relocation and Settlement Plan;

  • Sign a Performance Agreement Based on your Business Proposal or Relocation and Settlement Plan and make a CDN $75,000 deposit into a trust account; and

  • Participate in a Landing Interview after arriving in Saskatchewan

 

  • How do I qualify as a Farm Owner/Operator under the Saskatchewan Immigrant Nominee Program?

 

To qualify under as a Farm Owner/Operator, you must have a minimum personal net worth of at least CDN $500,000, and have signed a Performance Agreement committing to purchase an existing farming operation in Saskatchewan and make a good faith deposit of $75,000. You must have visited Saskatchewan within two years of signing the offer, for at least five business days, and demonstrate that you are a knowledgeable farm operator. There is also a Young Farmers stream of this category, with a lower net worth requiremement, for farmers under the age of 40.

 

  • How do I qualify as a Long Haul Truck Driver under the Saskatchewan Immigrant Nominee Program?

To qualify as a Long Haul Truck Driver, you must have a permanent, full-time job offer from a Saskatchewan trucking company after having worked for them for at least six months on a Temporary Work Permit. You must have at least two years of trucking experience, and a valid Saskatchewan truck-driving license.

 

  • How do I qualify as a Student under the Saskatchewan Immigrant Nominee Program?

To qualify as a student, you must have spent at least six months working in the Saskatchewan on a Post-Graduation Work Permit, after having graduated from a recognized Canada post-secondary educational institution. In addition, you must have a permanent, full-time job offer from your Saskatchewan employer.

 

  • How do I qualify under the Hospitality Sector Project of the Saskatchewan Immigrant Nominee Program?

You may qualify under this project if you hold a valid Temporary Work Permit in Canada for one of the following occupations: Food/Beverage Server, Food Counter Attendant/Kitchen Helper, or Housekeeping/Cleaning Staff. Your employer must have been approved by the SINP. You may apply under this category if you have worked in Saskatchewan for a period of six months or more and have a permanent, full-time job offer from a Saskatchewan employer. Additionally, you must have at least a grade 12 level education (or the equivalent) and speak enough English to work in Saskatchewan.

 

  • What are the requirements for the Masters and PhD Graduate Stream?

You must have completed the degree requirements for a Master’s or PhD program at the University of Saskatchewan or the University of Regina that was at least one academic year in length and apply within two years after your degree was granted. In addition, you must intend to live in Saskatchewan and fulfill ONE of the following:

  • Have at least six months of work experience in your field of training in Saskachewan; OR

  • Are currently employed in your field of training or have received a job offer in your field of training in Saskatchewan for a period of at least six months; OR

  • Have sufficient funds to support yourself and any accompanying family members for a short period without work.

  • You may also need to meet specific English requirements.

 

  • What is the Large-Scale Investors Stream?

This stream of the Entrepreneur Category is for applicants who intend to actively invest at least CDN $1 million in Saskatchewan. You will also need to meet the requirements of the Entrepreneur Category. Applications in this stream will be given priority processing.

 

  • How do I qualify under the Science and Technology Stream?

 

In addition to the basic requirements of the Entrepreneur Category, applicants in this stream fulfill ONE of the following:

  • Own a patent and intend to commercialize it by means of an active investment in Saskatchewan; OR

  • Own an innovative IT idea and intend to commercialize it by means of an active investment in Saskatchewan; OR

  • Have the intention to invest actively in a partnership with an existing science and technology-based firm in Saskatchewan.

 

Yukon PNP FAQ

 

  • What is the Yukon Nominee Program (YNP)?

 

The Yukon Nominee Program enables the territory to nominate applicants according to the territory’s needs and the applicants’ potential adaptability to life in the Yukon. There are two different categories under the Yukon Nominee Program: the Skilled Worker/Critical Impact Worker category and the Yukon Business Nominee Program.

 

  • What is the Skilled Worker/Critical Impact Worker Category?

 

This is an employer-driven category that enables employers in the Yukon fill vacant positions with qualified immigrants when the national and territorial labour markets cannot fill them.

 

  • What is the Yukon Business Nominee Program?

 

The Business Nominee Program is comprised of two categories: The Entrepreneur Category and the Self-Employed Category. The Entrepreneur Category enables business owners and operators in certain industries to propose a business plan to start a business, invest in an existing business, or purchase a business upon immigration. Applicants must meet certain financial requirements and business qualifications. The Self-Employed Category allows professionals to immigrate to the Yukon to provide a service in demand in the province.

 

  • Does obtaining a Provincial Nomination Certificate or a Quebec Selection Certificate mean I have obtained a Canadian Immigration (Permanent Resident) Visa?

 

No. Once you receive your Provincial Nomination Certificate or your Quebec Selection Certificate, you must submit your file to immigration authorities in order to have your application for Permanent Residence processed. Citizenship and Immigration Canada is responsible for processing your security and medical checks and issuing your Canadian Immigration (Permanent Resident) Visa. However, as your qualifications will have already been assessed at the provincial level, you will not need to have them assessed at the federal level.

3. Business Immigration

 

  • What is the Business Immigration Program?

 

The Business Immigration Program is a category of Canadian Immigration under which individuals with business/managerial experience and relatively high net-worth may qualify for a Canada Immigration (Permanent Resident) Visa. There are three sub-categories within the Business Immigration Program: Immigrant Investors,Entrepreneurs and Self-Employed Persons.

 

  • What documents must I provide in support of my application under the Business Immigration Program?

 

In addition to Citizenship and Immigration Canada application forms, education-related and status documents (passports, birth/marriage certificates, etc.), you must submit documents proving your business and/or managerial experience, as well as documents evidencing your net worth.

 

  • Under the Business Immigration Program, am I required to live in a particular province?

After becoming a Canadian Permanent Resident, you may live, work and engage in business activities in any Canadian province or territory, regardless of where you initially indicated you intended to reside on your application form. However, as an Entrepreneur intending to reside in the Province of Quebec you will be required to manage a commercial enterprise, which you must establish or acquire a portion of, in that province.

 

  • How can I qualify under the Immigrant Investor Program?

PLEASE NOTE: The Federal Investor Program is closed until further notice.

As an Immigrant Investor planning to reside anywhere in Canada, except in the Province of Quebec, you must have:

  • a net worth of at least CAD$1.6 million, lawfully obtained;

  • the funds to invest CAD$800,000 (financing available) for five years with Citizenship and Immigration Canada, which acts as agent on behalf of provincial and territorial investment funds; and

  • managed and owned an equity interest in a qualifying business, as defined under Citizenship and Immigration Canada Regulations; or, managed/supervised at least five employees for a period of two years within the last five years.

 

PLEASE NOTE: The Quebec Investor Program will be accepting applications between August 1st and August 16th, 2013.

As an Immigrant Investor planning to reside in the Province of Quebec, you must have:

  • a net worth of at least CAD$1.6 million, lawfully obtained;

  • the funds to invest CAD$800,000 for five years in a government of Quebec guaranteed investment fund; and

  • managerial experience in a commercial, industrial or agricultural enterprise; or managerial experience in a government, governmental organization, or international organization for a period of two years within the last five years.

4. Family Sponsorship

 

  • Who qualifies for a Canada Immigration Visa under the Family Sponsorship category?

Close relatives of of a Canadian citizen or a Canadian permanent resident.

 

More particularly, to qualify under the Family Sponsorship category, the Sponsored person(s) must be related to the Canadian Sponsor in one of the following ways:

  • Spouse, common-law partner, or conjugal partner; or

  • Parent or grandparent; or

  • Dependent child; or

  • Orphaned, unmarried, and under 18 years of age brother, sister, nephew, niece, or grandchild; or

  • Intended adopted child under 18 years of age; or

  • One other relative, if the sponsor has no relative listed above and no relatives who are Canadian citizens or Canadian permanent residents.

 

  • Who can be included in the Sponsored person's application for a Canada Immigration Visa?

Under the Family Sponsorhsip category, the following individuals can be included in the Sponsored person's application for a Canada Immigration Visa:

  • The spouse, common-law partner, or conjugal partner of the Sponsored person

  • The dependent children of the Sponsored person

  • The dependent children of the Sponsored person's spouse, common-law partner or conjugal partner

  • The dependent children of the Sponsored person's dependent children

  • The dependent children of the Sponsored person's spouse, common-law partner or conjugal partner's children

 

  • Who qualifies as a "Dependent Child"?

For Family Sponsorship purposes, a dependent child means a child who is:

  • Under 22 and unmarried on the date the application for sponsorship is submitted (and still unmarried on the date the child lands in Canada); or

  • Of any age or marital status and is a continuously enrolled full-time student, who is financially dependent on his or her parents since before the age of 22 (or since becoming a spouse or common-law partner, if this happened before 22); or

  • Is financially dependent on a parent since before the age of 22 because of a disability.

 

  • Must the dependents of the Sponsored person accompany the Sponsored person to Canada?

No, but whether they are accompanying the Sponsored person or not, all of the Sponsored person's dependents are required to pass applicable police and security clearances, and medical examinations.

 

  • What financial criteria must be satisfied to qualify as a Sponsor?

To qualify, the Sponsor must be able to demonstrate the financial ability to provide for the essential needs of the Sponsored person(s) and any accompanying dependents. This requirement is waived if:

  • The person requiring sponsorship is the spouse, common-law partner or conjugal partner of the Canadian Sponsor; or

  • The person requiring sponsorship is the dependent child of the Canadian Sponsor.

 

  • What does "Essential Needs" mean?

The Sponsor must undertake to provide the Sponsored family members with:

  • Food, clothing, shelter and other basic requirements of everyday living; and

  • Dental and eye care and other health needs not covered by public health services available to all Canadian citizens and permanent residents.

 

The obligation to provide for the essential needs of the Sponsored person(s) will only arise if the Sponsored person(s) are unable to provide for these needs on their own.

 

  • Can the undertaking to provide "Essential Needs" be shared?

Yes, the undertaking to provide "Essential Needs" can be shared by a co-signer, but only by the Sponsor's spouse, common-law partner or conjugal partner.

 

  • What if the Sponsor does not have the requisite financial ability?

If the Sponsor does not have the required financial ability, the spouse, common-law partner or conjugal partner of the Sponsor may act as a co-signer to the undertaking. In such case, their combined financial abilities will be assessed, and the co-signer will be equally liable in case of default.

 

If the combined financial abilities of the Sponsor and the co-signer still do not meet the minimum requirements, then the Family Sponsorship Application will be refused.

 

The financial ability requirements do not apply if the Sponsored person is a spouse, common-law partner or conjugal partner or a dependent child of the Sponsor.

 

  • What other criteria must the Sponsor satisfy?

In addition to the required financial ability, the Canadian Sponsor must:

  • Be a Canadian citizen or permanent resident at least 18 years of age;

  • Be physically residing in Canada, except for Canadian citizens sponsoring a spouse, common-law partner, conjugal partner, or dependent child, as long as the Sponsor can demonstrate the intention to return to Canada by the time the Sponsored family members lands in Canada;

  • Not be in prison;

  • Not be an undischarged bankrupt;

  • Not be receiving government welfare assistance, except for disability;Not be under a removal order, if a permanent resident;

  • Not be convicted of a sexual offence, or any offence against the person being sponsored in the five years before the date of application;

  • Not be in default of court-ordered support payments to an ex-spouse or child;

  • Not be behind in payments on any immigration loans; and

  • Not be the sponsor, where the sponsored family members recieved social assistance while the undertaking was in effect.

 

  • As a Sponsor, what obligations are there toward the Government of Canada?

The Sponsor and the Sponsor's co-signer, if applicable, are obliged to sign an undertaking with the Government of Canada promising to provide for the essential needs of the Sponsored person(s) for a period of time following the arrival of the Sponsored person(s) in Canada.The purpose of this agreement is to ensure that the Sponsored family members do not become dependent on Canadian public welfare assistance. A similar provincial undertaking is required for Sponsors who reside in Quebec.

 

  • Can the undertaking be revoked or modified?

The undertaking, once made, cannot be cancelled or modified by the Sponsor at any time after the Sponsored family members have arrived in Canada.

 

  • What if the Sponsor does not fulfill the terms of the undertaking?

Failure to meet any of the commitments provided for in the undertaking may result in legal action being taken against the Sponsor and the co-signer.

 

  • Are there any other agreements that the Sponsor must enter into?

The Sponsor is obliged to enter into a Sponsorship Agreement with the Sponsored person(s). By signing this agreement, the Sponsor agrees to provide for the "Essential needs" of the Sponsored person(s), and the Sponsored person(s) promise to make every effort to become self-supporting.

 

  • What documents must the Sponsor submit?

The Sponsor and the Sponsor's co-signer, if applicable, must complete and submit:

  • An "Application to Sponsor and Undertaking"

  • A "Sponsorship Agreement"

  • A "Sponsorship Evaluation"

  • A "Spouse/Common-law Partner Questionnaire"

  • Government processing fees, and

  • If applicable, a "Use of Representative" form

 

The following additional documents are required:

  • The "Statutory Declaration of Common-Law Union" form (only required where the Sponsor's co-signer is a common-law partner);

  • Documents supporting the sponsor's Sponsorship Evaluation, which may include:

- Tax returns

- Notice of Assessment from Revenue Canada

- Pay stubs or letters from employers indicating salary and length of time employed

- Proof of other income such as rental and pension income, and

- Proof of financial obligations such as mortgages, property/school taxes, personal loans/lines of credit, alimony payments and insurance   payments.

  • Documents demonstrating the Canadian status of the Sponsor, which may include a:

- Permanent Resident Card; or

- Record of Landing; or

- Canadian Birth Certificate; or

- Citizenship Card; or

- Certificate of Registration of Birth Abroad together with Certificate of Retention of Canadian Citizenship; and

  • Documents demonstrating relationship to the Sponsored person(s), which may include:

- Marriage certificates

- Adoption orders

- Passports indicating identity of parents/children

  • If applicable, documents proving that all previous marriages or common-law partnerships have been severed prior to entering the relationship with the spouse or common-law partner to be sponsored

  • Documents showing that the sponsor who currently resides outside Canada intends to return to Canada by the time the sponsored person(s) land(s) in Canada.

If the Sponsor resides in the Province of Quebec, corresponding forms provided by the Quebec Government will be required in addition to the Federal forms.

 

  • What documents must the Sponsored person(s) submit?

The Sponsored person(s) must submit an Application for Permanent Residence in Canada and an Additional Family Information Form, as well as a Use of Representative Form, if applicable. The Sponsored person's spouse, common-law partner or conjugal partner and each dependent child aged 18 or over (whether accompanying the Sponsored person or not) will each be required to complete and submit a Schedule 1 form. If the Sponsored Person is a spouse or common-law partner, he/she will need to complete a Sponsored Spouse/Partner Questionnaire. Applicants destined to the Province of Quebec will be required to complete an Application for a Quebec Certificate of Selection form. All sponsored persons must submit proof of having completed a medical examination with a Citizenship and Immigration Canada designated medical practitioner.

The following additional documents are required:

  • Statutory documents, such as:

- Police Clearance Certificates

- Birth certificates

- Household register forms

Valid passport and ID cards, etc. and

  • Documents proving the relationship to the Sponsor, such as:

- Marriage certificates

- Birth certificates

- Household register forms

 

  • Where is the Sponsorship Application submitted?

If the Application is to be processed outside of Canada, the Sponsor must submit the Sponsorship Application to the Canadian Immigration Case Processing Centre located in Mississauga, Ontario.

 

If the Application is to be processed inside Canada, the Sponsor must submit the Sponsorship Application to the Canadian Immigration Case Processing Centre located in Vegreville, Alberta.

 

  • Where is the Sponsored person's part of the application submitted?

If the Application is to be processed outside of Canada, the Sponsored person's Application:

  • Is submitted along with the Sponsorship Application to the Canadian Immigration Case Processing Centre located in Mississauga, Ontario. Once the Sponsor has been approved, the Sponsored person's Application will be forwarded to the appropriate Canadian Immigration Visa Office located outside of Canada.

 

If the Application is to be processed inside Canada, the Sponsored person's Application:

  • Is submitted along with the Sponsorship Application to the Canadian Immigration Case Processing Centre located in Vegreville, Alberta, where it will be processed once the Sponsor has been approved.

 

  • Are there circumstances that may allow a Sponsored person to apply from within Canada?

A Sponsored person, inside Canada, who is the spouse, common-law partner, conjugal partner or dependent child of the Sponsor can apply from within Canada.

 

Moreover, for humanitarian and compassionate reasons, other Sponsored persons may apply from within Canada. However, Citizenship and Immigration Canada must be convinced that the Sponsored person(s) would suffer excessive hardship while waiting for their application to be processed from outside of Canada.

 

  • Can a Sponsored person work or study in Canada if their application is being processed in Canada?

While waiting for their Canada Immigration Visas, Sponsored persons are allowed to work or study in Canada only after the Sponsorship Application has been approved in principle by Citizenship and Immigration Canada. They will then be granted an Open Work Permit or a Study Permit.

 

Of course, if the Sponsored person was already in Canada on a valid Work Permit or Study Permit, they may continue to work or study as the case may be.

 

  • Must Sponsored persons and Sponsors attend personal interviews?

In certain cases, Citizenship and Immigration Canada may want to meet with the Sponsored person(s) and their Sponsor when they have concerns as to the genuineness of the family relationship claimed.

 

  • How long will the entire Sponsorship Application process take?

Spousal, Common-law or Conjugal Sponsorship Applications and the Sponsorship of dependent children are a priority at all Canadian Immigration Visa Offices and such applications are processed ahead of all other applications for permanent residence in Canada.

 

The length of the Sponsorship Application process varies depending on the Canadian Immigration Visa Office to which the Sponsored person's Application For Permanent Residence In Canada has been forwarded.

 

  • Can a same-sex partner be sponsored?

For those married in Canada, same-sex marriages are valid for sponsorship of a spouse.

 

For those married outside Canada, same-sex marriages are valid if the marriage was recognized in the country in which it took place. Same-sex common-law and conjugal relationships are valid within and outside Canada for sponsorship of a partner.

5. Canadian Experience Class

 

  • What is the Canadian Experience Class Program?

 

The Canadian Experience Class Program is a category of Canadian immigration under which temporary foreign workers in Canada may qualify for a Canada Immigration (Permanent Resident) Visa.

 

  • How can I qualify under the Canadian Experience Class?

 

As an individual applying for Permanent Residence under the Canadian Experience Class, you must:

 

Be a foreign worker who has accumulated a minimum of one year of full time skilled work experience in Canada within the past 36 months, and intend to settle outside of the Province of Quebec.

 

  • Can I apply for Permanent Residence under the Canadian Experience Class if I intend to live in the Province of Quebec?

 

Applicants who intend to settle in the Province of Quebec will have to submit their application through the Ministère de l’Immigration et des Communautés culturelles du Québec, as Quebec has its own selection process.

 

  • Can I still qualify for the Canadian Experience Class if I am temporary resident of Quebec?

 

Yes, all experience within Canada is taken into account provided that you intend to live outside the Province of Quebec.

 

  • Does my work experience have to be related to my education in order to be recognized?

 

For international graduates, your work experience does not have to be related to your education, as long as you have accumulated the work experience after graduating from an approved Canadian post-secondary educational institution.

 

  • Am I eligible to qualify under the Canadian Experience Class even though I have already returned to my home country?

 

Yes, provided that you submit your application to the Canadian Immigration Visa Office within a year of having left your Canadian employment.

 

  • Can I still qualify for the Canadian Experience Class if I have acquired a one-year degree or certificate from an approved Canadian post-secondary educational institution?

 

When considering education, all candidates must have acquired at least two years of academic study in Canada and must have graduated from an approved Canadian post-secondary educational institution to qualify for the Canadian Experience Class.

There is, however an exception to this rule. You would still be eligible for the Canadian Experience Class in the event that you have completed a one-year Master’s degree after completing another program that is one year in length and from an approved Canadian post-secondary educational institution. The programs must be completed within two years.

 

  • Can I apply for the Canadian Experience Class if I have already submitted an application for Permanent Residence through the Skilled Worker Program?

 

Yes, although your new application through the Canadian Experience Class program will be subject to new fees unrelated to your Skilled Worker application.

 

  • Are my English or French-as-a-second-language courses counted towards my education requirements under the Canadian Experience Class?

English- or French-as-a-second language courses do not count toward education requirements under the Canadian Experience Class. However, if your education in Canada includes a second language component, that education can be counted provided that the second language component does not make up more than half of your course load.

6. Quebec Skilled Worker

 

  • What is a Quebec Selection Certificate (Certificat du Sélection du Québec)?

 

A Quebec Selection Certificate (Certificat du Sélection du Québec) allows you to immigrate to, and settle in Quebec. If your intended destination in Canada is within the province of Quebec, you must obtain a CSQ before you obtain a Permanent Resident Visa.

 

  • How is immigrating to Quebec different than immigrating to the rest of Canada?

 

Quebec is responsible for selecting immigrants to settle within the province. In order to immigrate to Quebec, you must first obtain a Cértificat du Sélection du Québec (Quebec Selection Certificate, commonly known as a CSQ). It is important to note that a CSQ is not a Permanent Residence Visa. Once you submit an application for a CSQ, your qualifications are assessed at the provincial level, and once you receive approval at the provincial level (your CSQ) your application is submitted at the federal level for medical and security checks. You receive your Permanent Residence Visa after being approved at the federal level.

 

  • Why are the requirements different for a CSQ than for a Federal Skilled Worker application?

 

Quebec is a culturally distinct province, and the only fully francophone province in Canada. Your chances of being selected by Quebec depend on your ability and willingness to settle and work in the province and adapt to the daily life.

 

  • The immigration requirements and procedures for the Federal Skilled Worker program recently changed. How does this affect CSQ applications?

 

The recent changes to the Federal Skilled Worker program do not affect CSQ applications at all. The CSQ requirements and procedures remain the same.

 

  • If I don't speak French, can I still obtain a CSQ?

 

Possibly. The selection is done on a points-based assessment. If you meet the selection points requirements without speaking French you may still be granted the CSQ. Fill out our online assessment forms to find out if you qualify.

 

  • If I qualify as a Quebec-Selected Skilled Worker and obtain a CSQ, do I then have to meet the points requirement for the Federal Skilled Worker Program?

 

No. It is important to note that the selection criteria for a Quebec Skilled Worker are not the same as those for the Federal Skilled Worker Program. If you obtain a CSQ, your application must still be submitted at the federal level for security and medical checks. However, your qualifications do not need to be assessed at the federal level, as the province will already have approved them and selected you for immigration to Quebec.

 

  • Who can I include on my CSQ application?

 

You can include your spouse or common-law partner on your application, as well as any of your dependent children aged 22 or younger. It is important to note that Canada recognizes same-sex unions.

 

  • How can the Law Firm of Campbell, Cohen assist me with a CSQ application?

The Law Firm of Campbell, Cohen can represent you throughout the process, from the initial stage (application for a CSQ) until your Permanent Residence application is approved, which includes submission of your application at the federal stage as well.

7. Refugee Status

 

  • Do I qualify for Canadian Refugee Status?

 

A refugee is a person who fears persecution if they go back to their country of nationality. Fear of persecution usually means a serious chance of physical harm or detention or some other form of cruel and unusual punishment. In some cases discrimination or harassment could be considered serious enough to amount to persecution.

 

  • Must I have already experienced persecution?

 

No. The Citizenship and Immigration standard is whether or not there is a serious possibility that you would be persecuted if you go back to your country.

 

  • What are typical examples of Refugee cases that are accepted?

 

  • Members of minority religious groups or ethnic minorities who fear persecution from the general population or non-governmental organizations where the police are unable or unwilling to protect them.

  • Members of an opposition political party who fear retribution because of their political opinion or their refusal to support the government.

  • People who are persecuted by a powerful criminal gang or mafia such as drug traffickers.

  • Homosexuals who are persecuted simply because of their sexual orientation.

  • Women who fear beatings from their husbands, violence or other serious forms of punishment from other family members.

  • Women who refuse to conform to expectations such as arranged marriages, dress code and genital mutilation. In fact Canada is a world leader in recognizing gender-based persecution and has issued guidelines to ensure that these claims are dealt with in a fair and sensitive manner.

In all the above cases refugees must explain what persecution they fear and why they cannot receive protection from their government.

 

  • Can my family members be protected with me?

 

Yes, in most cases the Citizenship and Immigration Canada respects the principle of family unity so that a family will have one hearing and one decision.

 

  • How do I know if my Refugee Claim will be accepted?

 

There is no guaranteed way to know if you will be accepted since a single decision maker of Canada's Immigration and Refugee Board will hear your testimony and must decide if your claim is credible. That is why it is essential to provide documentary proof of your story and to be well prepared for your hearing, and to hire a lawyer who is an expert in refugee law. Since June 28th 2002, the government of Canada accepts refugees who fear cruel and unusual punishment, a risk to their life, or torture. However, your claim will not be accepted if your fear is one of generalized violence faced by everyone in the country, if it is based on a need for medical treatment, or if you can obtain protection from the authorities in any part of your country. Furthermore, if the Refugee Board believes that you are a member of a terrorist group, have participated in human rights violations or have committed serious non-political crimes, you can be excluded from refugee protection.

 

If you are a citizen in more than one country then you must explain why you cannot obtain protection in all your countries of citizenship. If you can automatically obtain protection in another country then you could be denied protection in Canada.

 

  • How long do I have to wait until I have a decision?

 

Processing times are between 12 and 18 months.

 

  • What can I do if I am refused?

You would have the right to remain in Canada while you apply for an appeal and make submissions for a Pre removal Risk Assessment. You may also make an application for permanent residence in Canada based upon humanitarian and compassionate grounds.

 

  • Do I have the right to work in Canada while my Refugee Claim is processed?

Yes, almost from the beginning of the refugee process.

 

  • Can my children go to school while my Refugee Claim is processed?

Yes. Children of refugee claimants can attend public elementary and high schools free of charge.

 

  • Can I (and my family in Canada) receive medical treatment while my Refugee Claim is processed?

The federal government of Canada guarantees emergency medical treatment at no charge for those who cannot afford to buy their own medical insurance. Some medical clinics also offer free check ups to refugee claimants.

 

  • Is it true that Canada has closed its borders to Refugees coming from the U.S.A.?

As of December 2004, refugees entering Canada by land from the United States are no longer allowed to make their refugee claims at the Canadian Port of Entry. However, this does not apply to refugees who make their refugee claim from inside of Canada, regardless of how they arrived. It does not apply to people arriving at Canadian airports even if they first passed through the U.S. Even in claims made at the U.S. - Canada border, exceptions apply for children under 18, and for refugees who have extended family members in Canada including parents, grandparents, children, grandchildren, nieces, nephews, uncles and aunts.

 

  • Can I apply for Refugee protection from outside Canada?

Yes, if you are outside your country, but this is very difficult in most cases. You must first apply to the United Nations High Commission for Refugees (UNHCR). You usually have to show that you will be economically successful in Canada. Also, the refugee definition is more restrictive, you do not have the right to a lawyer at your interview, and the waiting period could be many years. You must also show that you cannot be settled in your country of present residence.

8. Temporary Resident Visa

 

  • What is a Temporary Resident Visa?

 

Canadian citizens and Canadian Permanent Residents have the right to enter Canada freely. Other visitors to Canada, including tourists, students, and workers, may need a Temporary Resident Visa (TRV) from Citizenship and Immigration Canada (CIC) to enter Canada.

 

  • Does everyone planning to visit Canada require a Temporary Resident Visa?

 

No. You do not need a Temporary Resident Visa to visit Canada if you are from a visa-exempt country. Citizens from all other countries must apply for a Temporary Resident Visa before entering Canada.

 

  • Do I need a Study Permit if I plan to study in Canada?

 

If your studies will last less than six months in Canada, then no Study Permit is required. Any studies beyond six months require a Study Permit, in addition to a Temporary Resident Visa, if you are not from a visa-exempt country.

 

  • How do I qualify for a Work Permit to work in Canada?

 

There are many ways to qualify for a Work Permit. In some situations, the Canadian employer must demonstrate that they were unable to find Canadian citizens or Canadian Permanent Residents to fill the position.

 

  • What can I do if my application for a TRV is refused?

 

If your visitor visa application is refused, there is no formal appeal process. In addition, you may only reapply if your situation has changed substantially or you have considerable new information to submit.

 

  • What can I do to help a friend or family member obtain a TRV to visit Canada?

 

If your friend or family member requires a TRV to visit Canada, their initial application must be made outside the country, at the visa office responsible for their country or region. You may provide them with a Letter of Invitation, explaining how you will help the person to visit Canada. For example, you may state that you will pay for plane tickets or accommodation. While a Letter of Invitation may help a TRV application, it does not guarantee that the person will receive a visa.

 

  • What documents are required for the application?

 

In addition to the application forms and required fees, you will need to submit photos, proof of financial support, a photocopy of your return ticket or travel itinerary (if applicable), and any other documents required by the visa office responsible for your country or region.

 

  • I am a US resident with a Green Card. Do I need to apply for a TRV?

 

No. You may simply present your passport and your valid Green Card at the Canadian border.

 

  • Can I fill out one application for my family if we are traveling together?

 

No, each family member must complete and sign the required forms. Parents or guardians may help their children fill out the forms, and will need to sign for any children under the age of 18. All the applications can be submitted in one envelope, with one payment receipt for the total fee for all applications.

 

  • How long can I stay in Canada on my TRV?

If there is no stamp, handwritten date or document in your passport indicating an expiry date, your status as a temporary resident will expire six months from the day you arrive in Canada.

 

  • How can I extend my stay?

 

You may apply online or using a paper application to extend your status as a temporary resident. You may apply online or using a paper application to extend your status as a temporary resident. You should submit your application for an extended stay in Canada at least 30 days before your status expires. If your temporary resident status expires after you submit your application for an extension but before you receive a decision on the application, you may remain in Canada under implied status. This status lasts until a decision is made on your new application.

 

  • Can I study in Canada on my TRV?

 

In general, international students require a study permit to pursue an educational program in Canada. However, there are several exceptions to this rule. If your program in Canada is less than six months you do not require a study permit, although it may be a good idea to apply for one in case you decide to continue your studies. As well, you may study in Canada without a study permit if you are a family member or staff member of a foreign representative accredited by Foreign Affairs and International Trade Canada. You should contact your embassy in Canada for more information. In addition, if you are a member of a foreign armed force under the Visiting Forces Act, you will not be required to obtain a study permit. If your family members wish to study in Canada, they must meet the requirements. Finally, if you are in Canada on a work permit or student visa, your minor children can study at the secondary or elementary level. They must first enter Canada on a visitor visa.

 

  • Can I work in Canada on my TRV?

 

As a general rule, a foreign national must obtain a work permit in order to work in Canada, although there are some exceptions.

 

  • Do I need a TRV to come to Canada on business?

If you are from a country that requires a visa to visit Canada, you will need to apply for a TRV just like any other visitor to Canada. The application is the same as for a visitor visa. For more information, please visit our page on Business Visitors.