Immigration Categories

Changes to Canada's Immigration Act


In 1992, 1994, 1995, 1996, 1997, 1998, 1999 and, again, in 2000, Canada was ranked number one (1) by the United Nations Human Development Index as the best country in the world to live in. With this in mind, thousands of people worldwide apply to become permanent residents of Canada each year. If you are considering applying for Permanent Residence in Canada, one (1) of your first considerations will be the category under which you should apply. 

We have the knowledge and experience to assist you in this regard. The following is an overview of the various categories of Immigration open to applicants for Permanent Residence as well as to those who merely wish to come to Canada on a temporary basis. 


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PERMANENT STATUS IN CANADA 

Independent/Skilled Worker Category
Family Class Sponsorships
Business Immigration
Entrepreneurs
Self-Employed
Investors 

TEMPORARY STATUS IN CANADA 

Employment Authorizations
Student Authorizations
Visitors
 
 


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).  

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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: 

  • their spouse or fiancé(e) 

  • their mother and father and any accompanying dependant children as defined in the Immigration Regulations 

  • their dependant children as defined in the Immigration Regulations 

  • their grandparent(s)

  • an orphaned sibling, nephew, niece or a child they intend to adopt who is under the age of nineteen (19) years and unmarried 

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.    

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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: 

  • Entrepreneurs 

  • Self-Employed 

  • Investors   

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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: 

  • they have purchased/invested in an existing business or have established a new business; 

  • they have made a significant capital investment in the business; 

  • they have actively managed the business; and 

  • they have created at least one (1) job for a Canadian citizen or permanent resident of Canada other than a member of their family. 

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.  

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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.  

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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. 

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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. 

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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.  

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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: 

  • has already enrolled in a government-approved academic institution; 

  • has paid his/her tuition fees and been accepted by the academic institution; and 

  • has to know English or French to follow course lectures and reading assignments before the student can submit his/her Application for a Student Authorization to a Canadian visa post abroad.

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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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