General questions about Canadian Immigration.
Introduction to Canada Immigration FAQ
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.
2. How is a Work Permit different from a Canada Immigration Visa ?
A Work Permit allows an eligible visitor to reside and work in Canada for a limited period of time, and restrictions are usually placed on the type of employment which can be pursued. It will not, by itself, lead to Canadian Permanent Resident 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.
3. Can I apply for Permanent Resident status and Temporary status 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.
4. Is my current immigration status relevant for Canadian 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 certain 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.
5. I have heard that Canada Immigration Regulations have changed. How will I be affected?
Canada immigration regulations, laws and policies are constantly subject to change. The effect of these changes will vary considerably from one applicant to another, depending on the particular circumstances. The last significant change took place in November 2008, at which time the Canadian Minister of Immigration announced important modifications to the Federal Skilled Worker category of Canadian immigration.
6. Is there a benefit to using an immigration consultant for immigration to Canada?
Yes, there is. 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 attorney represents you. Moreover, a perfected application will, in many cases, shorten the immigration process, allowing you to obtain your Canada Immigration Visa faster.
7. How do I retain Canreach Immigration to represent me for Canadian Immigration purposes?
Generally, as a first step, we recommend that you complete our free assessment form so that I may determined your eligibility to immigrate to Canada under the Skilled Worker, Provincial Nomination, Family Sponsorship or Business categories.
Alternatively, if you feel that you are qualified to immigrate to Canada and you wish to know more about our services, or would like Canreach to answer your questions, you may contact us and we will be pleased to respond to you.
Federal Skilled Workers (Professionals) FAQ
1. 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 should :
- 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 in one of Citizenship and Immigration Canada's 38 qualifying occupations; or have Arranged Employment; or have been legally residing in Canada for one year as a Temporary Foreign Worker or International Student and currently be residing in Canada.
- have sufficient funds for settlement in Canada, unless you have Arranged Employment in Canada.
- earn sufficient points (currently 67) in the six selection factors to meet the pass mark under the Skilled Worker category.
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.
2. Can I still qualify as a Federal Skilled Worker if I do not have work experience in the 38 qualifying occupations?
Yes, you may qualify to immigrate as a Federal Skilled Worker if you have lived in Canada for at least one year as a Temporary Foreign Worker or an International Student and can meet the 67-point pass mark.
You may also qualify if you have Arranged Employment in Canada and meet the 67-point pass mark.
3. 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. 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 may contact our office and we will be pleased to help you.
4. Can 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
1. one continuous paid full-time year of work experience in the 38 qualifying occupations in the past 10 years;
2. one year of legal residence in Canada as a Temporary Foreign Worker or International Student and currently be residing in Canada; OR
Business Immigration FAQ
1. 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.
2. 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.
3. 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.
4. How can I qualify under the Immigrant Investor Program?
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 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.
As an Immigrant Investor planning to reside in the Province of Quebec, you must have:
- a net worth of at least CAD$800,000, lawfully obtained
- the funds to invest CAD$400,000 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.
5. How can I prove that my net worth has been lawfully obtained ?
You must demonstrate the origin and accumulation of your wealth through reliable, third-party documentary evidence: tax returns, pay stubs, deeds of purchase/sale, statements from stockbrokers, business/real estate valuations, etc. You must be able to demonstrate that your assets were gained through means, which are considered legal, including gifts or inheritances.
6. As an Immigrant Investor, will I be obliged to work and/or engage in business activities in Canada ?
While you are entitled to engage in work and business activities upon arrival in Canada, there is absolutely no obligation to do so.
7. When do I, as an Immigrant Investor, commit my investment amount ?
You must commit your CAD$800,000 investment amount before final approval from Citizenship and Immigration Canada or Quebec Immigration officials, if you intend to reside in the province of Quebec.
8. Will my investment be returned to me if my Immigrant Investor application is refused ?
Yes, your money will be promptly refunded by Citizenship and Immigration Canada or Quebec Immigration officials, as the case may be.
9. How can I qualify under the Entrepreneur Program ?
As an Entrepreneur applicant, planning to reside anywhere in Canada, except in the Province of Quebec, you must have:
- a net worth of at least CAD$300,000, lawfully obtained
- at least two years of managerial experience in a profitable commercial, industrial or agricultural business during the last five years, and controlling at least 25% of capital equity and
- the intention and ability to manage and own at least one-third of a qualifying Canadian business as defined under Canadian Immigration Regulations, for at least one year within three years of arriving in Canada.
As an Entrepreneur applicant planning to reside in the Province of Quebec, you must have:
- a net worth of at least CAD$300,000, lawfully obtained
- at least two year's of managerial experience during the last five years and control at least 25% of the capital equity in a profitable commercial, industrial or agricultural business.
- submit a business project with the purpose of creating or acquiring a business in Quebec that you will manage and own at least 25% of capital equity with a value of at least CAD$100,000, or have acquired a business in Quebec that meets the same requirements.
Provincial Nomination Program FAQ
1. 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.
2. Which Provinces participate in the Provincial Nomination Program?
The following provinces participate in the Provincial Nomination Program:
* British Columbia
* New Brunswick
* Newfoundland and Labrador
* Northwest Territories
* Nova Scotia
* Prince Edward Island
3. 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 own Immigration Selection Criteria.
4. 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.
5. 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.