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Changes to Canada's Immigration Act
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Copyright 2007 © All rights reserved. Designed By: Mays Domat |
PERMANENT STATUS IN CANADA
TEMPORARY STATUS IN CANADA
PERMANENT STATUS IN CANADA A. Independent/Skilled Worker Category Applicants in this category must have a minimum of
one (1) year of full-time work experience in an occupation, which
appears on Canada's General Occupations List, after having completed
their formal education/training, in order to qualify and they are
subject to Employment Requirements for their occupation as
stipulated by Citizenship and Immigration Canada officials. They are
then assessed according to various selection criteria (i.e. age,
education, occupation, occupational demand, years of work
experience, English/French language ability, personal suitability
and family in Canada) by Citizenship and Immigration Canada
officials and applicants must attain a minimum score of seventy (70)
points overall in order to be eligible to become permanent residents
of Canada. Given the fact that Canada's General Occupations List,
Immigration Act and Immigration Regulations are always
subject to change, applicants who might currently qualify for
Immigration to Canada in this category, might not qualify at a later
date if their Applications are not locked in under the current
system and the List, Immigration Act and/or Immigration
Regulations change(s). B. Family Class Canadian citizens or Canadian permanent residents who reside in Canada are currently eligible to sponsor for admission to Canada the following persons:
PLEASE NOTE: Adult siblings CANNOT be sponsored. In most instances, low income cutoff requirements as established by Citizenship and Immigration Canada officials must be met. Canadian citizens, residing abroad, might also be eligible to sponsor spouses and/or dependant children for so long as they can prove to Citizenship and Immigration Canada officials that it is their intention to return to Canada to settle in the country, permanently, upon the issuance of the immigrant visa(s) to the dependant(s) that they are sponsoring. The filing of a Sponsorship Application, Undertaking of Assistance, Sponsorship Agreement and Financial Evaluation Form with a designated Case Processing Centre in Canada are the first steps in the sponsorship process. Once the sponsorship has been approved or approval of the sponsorship has been deferred, the person being sponsored must then file an Application for Permanent Residence with a Canadian visa post abroad and he/she must meet other statutory requirements. C. Business Immigration Canada's Business Immigration Program seeks to promote economic development and employment by attracting people with venture capital, business acumen and entrepreneurial skills. The Business Immigration Program currently falls under three categories of immigrants:
C(1) Entrepreneurs Currently, those wishing to come to Canada as Entrepreneurs must demonstrate their intention and ability to establish, purchase or invest in a business that will create or maintain employment for at least one (1) Canadian citizen or permanent resident other than a member of their family. Those applying under the Entrepreneur category will have conditions placed on their visas which require them to prove to Citizenship and Immigration Canada officials that:
Failure to satisfy these conditions within two (2)
years of arriving in Canada, can result in the removal of an
Entrepreneur and his/her dependants from Canada.
C(2) Self-Employed Those interested in applying in the Self-Employed
category must demonstrate an intent and an ability to create
employment for themselves. Their endeavours must constitute a
significant contribution to the Canadian economy or to Canada's
cultural and/or artistic life. C(3) Investors An Investor is defined as a person who has
successfully operated or controlled or directed a business or
commercial undertaking and who has accumulated, through his/her own
endeavours, at least $800,000 in Canadian funds. Prior to visa
issuance, immigrant Investors must pay $400,000 CAD to the Receiver
General for Canada. Citizenship and Immigration Canada, as agent for
approved provincial government-administered venture capital funds,
will prepare and deliver to the Investor a debt obligation in the
amount of $400,000 CAD, repayable (without interest) thirty (30)
days after the expiry of the five (5) year allocation period. The
investment is not refundable after visa issuance. Citizenship and
Immigration Canada will allocate immigrant investment to approved
provincial funds according to an allocation formula. Citizenship
and Immigration Canada will subsequently distribute the money among
the funds. After five (5) years, the funds will repay Citizenship
and Immigration Canada, for subsequent repayment to Investors. TEMPORARY STATUS IN CANADA The Immigration Act and Regulations
not only cover persons who wish to live in Canada permanently but
also those who wish to study and/or work temporarily in Canada and
persons who wish to visit. D. Employment Authorizations Foreign workers whose skills are in short supply, or
who can provide significant economic or other benefits to Canada,
are issued Employment Authorizations and admitted on a temporary
basis. In many instances, a job validation from a Human Resources
Development Canada Centre (“HRDCC”) is required before the applicant
can submit his/her Application for an Employment Authorization to a
Canadian visa post abroad. In such instances, the prospective
Canadian employer must give details of the foreign worker’s job
offer to an HRDCC. An employment counsellor will check to determine
if the offer of employment meets the prevailing wages and working
conditions for the occupation concerned. A check will also be made
to see if the job cannot be filled by a suitably qualified and
available Canadian citizen or permanent resident. If these
conditions are met, the HRDCC will approve (validate) the job offer.
They will then issue a confirmation of offer of employment and send
this to the Canadian visa post in the country where the foreign
worker is currently residing. An Employment Authorization will NOT
be issued to a foreign worker to come to Canada to look for work. E. Student Authorizations Most international students are required to have authorizations to receive academic, professional or vocational training in Canada. Community college and university students may be issued authorizations which are valid for the duration of their program of study. Customary prerequisites are that the student:
F. Visitors The Immigration Act requires all visitors,
except those exempt by regulation, to obtain a Visitor Visa before
coming to Canada. Applicants must demonstrate to visa officials that
they have significant family, social, economic and cultural ties to
their country of origin and that they have sufficient means to
support themselves during their visit to Canada. Applicants must
also satisfy visa officials that there is no risk that they will
overextend their visit to Canada.
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