Changes
to Canada's Immigration Act 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.
After reading this, please do not hesitate to fill out my free consultation form to better estimate your individual case.
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
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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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