Canada Immigration Classification
The qualifications are for skilled
workers and all occupations which require a post secondary education
can qualify and with skill level of O, A and B, on the National
Occupation Classification. Certain criteria are evaluated and the
applicant is required to score 67 points out of 100 points. The
points are calculated based on criteria such as age, language, work
experience and educational level. An important part of the Immigration
Regulations includes a language test to prove language proficiency.
The two accepted language tests are the IELTS for English and the
TEF for French. Contrary to popular belief, it is possible to obtain
an exemption from these language exams in certain cases. Along with
this Permanent Immigration status application, spouses and dependants
under 22 years of age may accompany the applicant and can be included
in the same application.
There are also requirements for
necessary proof of funds, which is generally ten thousand Canadian
dollars for the principal applicant and three thousand dollars for
each additional member of the family. These funds must be in liquid
form. An additional step for applicants is to pass a medical examination
and background screening for any criminal records. Applications
must be processed from the country in which the applicant resides
and/or the country in which the applicant has been living for more
than 12 months on a valid visa. Under the new rules, applications
may no longer be transferred from one visa office to another to
reduce the processing time. The processing time will depend on the
current volume at the visa office and applications are processed
in the order received.
The Federal Immigration Regulations
are well known to the general Canadian population and much information
regarding these regulations is available through the official government
websites as well as on the Internet.
The Provincial governments have
signed agreements with the Federal government of Canada that has
resulted in another form of permanent immigration. Within Canada
there exists the Federal Immigration Regulations that apply to permanent
immigration throughout Canada. In 1993, the province of Quebec signed
an agreement with the Federal Immigration Department, which gave
the Quebec government direct immigration powers for its particular
province. This action allowed Quebec to target specific needs within
the province for workers and laborers. Since that time, all other
provinces, except Ontario, have signed their own agreements with
the Federal government. These Provincial Immigration Programs differ
slightly across the provinces, so let’s look at them individually.
Under the Entrepreneur Class, a
business person must possess net assets of $300,000 Canadian dollars,
obtained legally. These are total assets and not cash amounts. A
loan cannot be taken to show the net worth requirement but a loan
can be available once you are in Canada, just like it is available
to any other Canadian business person. The applicant must have at
least two to three years of business management experience in his/her
own business. There must be a viable business plan to start a new
business or run an existing business in Canada. The applicant is
required to employ two persons and start the business within three
years of arrival in Canada. In addition to devising a business plan,
undertaking an exploratory trip to Canada to assess the business
viability will positively influence the outcome of the entrepreneur’s
application. There are no language or education requirements, although
in a dual language environment it may be helpful to settle and do
business in Canada with French and/or English language skills. Every
province in Canada, except Ontario, has its own business immigration
program and some provinces have decreased the capital requirements
from $300,000 for entry, to attract business people to those provinces.
The next category is Business Immigration under the Investor Class. The main difference between the Entrepreneur and the Investor classes is that the Investor is not required to start a business in Canada. The key requirement for the Investor Class is having a global net worth of $800,000 Canadian dollars, obtained by the applicant’s own business endeavours or obtained legally. The applicants must have at least two - three years of business experience or executive experience where they managed a department or a company and managed at least five people. This immigration class is designed to attract upper management individuals who have a high net worth but may not have owned a business directly. The applicant must make a deposit of $400,000 Canadian dollars for a period of five years with no interest in specific Government approved Banks. This deposit is to be made only after approval of the visa application and is closely monitored to insure the transaction is secure with the government. If the applicant does not wish to liquidate assets, there is an option to obtain a loan of $400,000 Canadian dollars and pay interest charges totalling $125,000. There is no obligation to start a business. There are also no language or education requirements. This business category requires extensive paperwork and presentations to document how the money has been generated. The applicant must also prepare for an interview with the immigration officer and it is crucial to document the generation of the wealth year by year.
The final business immigration category is the Self- employed Class. This category applies to three main classes of applicants: Farmers, Cultural activity individuals and Athletic activity individuals. For farmers, there is no specific money requirement, but experience has shown that assets worth $300,000, or greater, in Canadian dollars is the basic requirement. The applicant should have two years of farm management experience and should be ready and willing to purchase, manage and operate a farm in Canada. The applicants should also be able to support their family through the farming activity, although they are not required to employ any additional individuals in the farming business. The Cultural or Athletic activity applicant should have participated in an activity at the world-class level in order to make an application for business immigration. There is a special program under the Quebec Self-employed Class. Any occupation in which a person can be self-employed in Quebec can qualify for immigration to Canada, provided he meets the net asset requirement of $100,000 Canadian dollars and other requirements.
The next program is the Manitoba Immigration Program and other Provincial Nominee Programs. The provinces of Manitoba, New Brunswick, Prince Edward Island and Saskatchewan have developed a high demand occupation list. Applicants may only apply for immigration status under the PNP program for those occupations specifically. In addition, the applicant must have a permanent job offer from an employer residing in one of the fore-mentioned provinces.
The selection criteria are the same as the Federal program but there is some difference in the number of passing points required in each PNP, as shown here. For the provinces of British Columbia, Alberta, Newfoundland and Nova Scotia, there is a Priority Industry Category instead of an occupation list. Similar to the Quebec system, the applicant is first approved as a Provincial Nominee and the applicant is then required to make an application to the Federal government of Canada for medical and security clearance. Once visa is issued, the applicant may live anywhere in Canada.
The Family Class is for individuals with blood relatives in Canada. If you are a Canadian Citizen or permanent resident of Canada, over the age of 18 years, residing in Canada and have the necessary income in the last 12 months to be able to provide for their basic requirements, you may sponsor your parents, grandparents or adopted children. You may also sponsor your orphaned brother or sister, nephew, niece or grandchildren who are under the age of 18 years and unmarried. When you sponsor your parents you may also sponsor your siblings who are under the age of 22 years. You may also sponsor them if they are over 22 if they are full time students, or if they are financially dependent on your parents due to a physical problem or disability.
You may not sponsor family members if you are in default of a previous sponsorship, have a deportation order against you, are in prison, have an un-discharged bankrupt or have been convicted of sexual or serious criminal offences. The sponsor in Canada first makes the sponsorship application and once the application is approved in Canada, an immigration application has to be made to the visa office abroad.
Within the Family Class there is also Spouse Sponsorship. If you are a Canadian Citizen or permanent resident of Canada, over the age of 18, residing in Canada and are able to provide for their basic requirements, you may sponsor your spouse or common-law or conjugal partner who has no dependent children. In this class the sponsor is not required to show any financial ability.
You may not sponsor a spouse if you are in default of a previous sponsorship, have a deportation order against you, are in prison, have an un-discharged bankrupt or have been convicted of sexual or serious criminal offences. The first sponsorship application is made by the sponsor in Canada and upon approval an immigration application is made to the visa office abroad. If the sponsor is a Canadian citizen living out side Canada, the sponsorship is viable provided the couple intends to stay in Canada after obtaining immigration visa for the foreign spouse. Under the new IRPA regulations, the sponsor can make an application for sponsorship within Canada while the foreign spouse is on a temporary work permit status in Canada. This allows the spouse to live in Canada while awaiting the final outcome of the immigration visa application.
- Universal Immigration Consultancy provides services for the entire
process of filing the necessary documentation.
- The first step in the process is the initial assessment of the application.
- We will obtain the necessary and relevant information from the applicant in order to make the initial assessment.
- Once the assessment is completed, we send it to the applicant with our retainer agreements.
- Once the signed agreement and a retainer deposit are received from the applicant, we begin the information gathering process.
- The applicant is sent a letter stating the documentation they must provide, as well as a set of forms for them to fill out.
- When our office receives the documents from the applicant, we prepare the application, fill out the forms and submit the application. We ensure that the information package is complete in its entirety before submitting the application to the Canadian government.
- Once the file has been submitted, we communicate with the Canadian government in a manner that will help to expedite the immigration process.
- Within 4-12 weeks after submission, the applicant will receive a file number. The number is an acknowledgement of receipt of the file and generally specifies the length of waiting period before processing can be completed.
- We do not receive any communication from the Canadian Government during this processing period.
- Once an officer reviews the file, the first decision made is whether an interview will be required or not.
- If no interview is required, the file is approved and instructions for medical and security clearance are issued. If the officer has questions or concerns regarding the file and would like to address them directly with the applicant, a request for personal interview will be made.
- Our office will assist the applicant in preparing for the interview and provide the applicant with information that will increase the possibility of passing the interview and satisfying the queries of the officer.
- Within 2-4 weeks time after the interview the decision will be sent to the visa post.
- The applicant is then required to carry on with medical and security checks.
- The medical examination results are valid for a period of one year from the date of the examination. If for any reason the visa is not issued within that time frame, the medical examination must be redone.
- During the entire visa application process if there are any changes in the applicant’s family structure, employment status, education status, residency, etc., the Canadian government must be notified.