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IMMIGRATION CATEGORIES
&
RULES FOR ADMISSION



What are the Immigration Categories? The rules for the admission of immigrants deal with three basic categories:
(Click the highlighted text below to see a list of questions and answers for each category.)

 

Independent Immigrants: those who apply on their own and who qualify for certain types of jobs or have other important assets to bring to Canada
The Independent Category is divided into three subcategories:
 

 

 Family Class:


immigrants with close family members already living in Canada
Refugees: persons seeking protection in Canada - Convention refugees selected abroad or those recognized by the Immigration and Refugee Board
Designated classes (those in refugee-like situations
)
**We do not currently process applications for Refugee status.

 

Independent Immigrants

What is an "Independent immigrant?

"Independent" immigrants are those who apply for permanent residence in Canada on their own merit. This class includes:

  • Skilled Workers
  • Assisted Relatives
  • Business Class - which includes: Self-employed Persons, Entrepreneurs and Investors

How are independent immigrants selected?

Immigrants in the independent class are assessed against a selection ("point") system. The minimum selection points for each category are:

  • Skilled Worker: 80
  • Self-employed: 80
  • Investor: 25
  • Entrepreneur: 25

What is a General Occupations List?

The General Occupations List is based on ongoing analysis of the Canadian labour market and of applications received abroad. It identifies occupations that are in demand and can, on a national basis, absorb newcomers to Canada.

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Skilled Worker Class

Who is eligible?

Canada has a vigorous immigration program for skilled and professionally trained people and in general terms Canada is currently recruiting immigrants who have:

  • a good education (evidence of the applicants qualifications must be provided);
  • employment skills that are portable to the Canadian labour market (the provision of evidence of the applicants training and experience in the labour market and demonstration that they meet Canadian standards);
  • communications skills ( in English or French) to enable easy integration into the Canadian community (an interview may be held to verify the applicants language ability and/or any other matters material to the application);
  • good character and good health (the provision that the applicant has no criminal history by submitting police clearances and also pass an immigration medical examination).

All applicants are assessed according to the immigration selection criteria. As indicated earlier, 80 points are needed to qualify as a skilled worker.

Points are calculated based on the following criteria:

  • age;
  • education and training;
  • occupation (the occupation you intend to follow in Canada);
  • arranged employment (employment which has been validated by a Canada Employment Centre certifying that there is no suitably qualified and available Canadian or permanent occupations.);
  • work experience;
  • language ability;
  • adaptability;
  • relatives in Canada.

Is the applicant's occupation important in the selection system?

Yes, it is very important. The application for an immigrant visa will be assessed mainly on your qualifications, skills and experience in the occupation you wish to follow in Canada.

The applicant must have at least one year's experience in the occupation after completion of training. The occupation must be listed on the General Occupations List, referred to earlier (unless the applicant has obtained a job offer which has been validated by a Canada Employment Centre certifying that there is no suitably qualified and available Canadian or permanent resident to fill the position). All occupations are assessed against Canadian standards for that occupation.

Who may apply as a skilled worker?

A person with special occupational skills and experience may qualify as a skilled worker. These skills must be readily transferable to the Canadian labour market. The list of occupations open for the selection of immigrants has been referred to.

Does it help to have a relative in Canada?

Having a close relative in Canada may help the applicants visa because it increases the point score under the selection system. The relative in Canada must be a permanent resident or Canadian citizen 19 years in age or over.

I have learned English as a second language. How can I show that I have a reasonable knowledge of English?

One of the principal reasons that clients are asked to come to an interview is to test their knowledge of English or French. If you wish, you may submit results from the "International English Language Testing System" (IELTS) with your application this assures an objective assessment of your English language skills. The British Council worldwide administers this test. You should undertake the "General Training" test rather than the "Academic" test. Unfortunately, we are not presently in a position to recommend a test to evaluate your knowledge of the French Language.

Do professional and/or tradesmen need registration and licensing to work in Canada?

Many occupations in Canada require registration, licensing or membership in a professional or trade association. Applicants intending to work in these occupations will need to prove they hold sufficient credentials to meet professional or trade licensing requirements so they may follow their occupation in Canada.

What if the applicant has dependants who will not accompany him/her to Canada?

Like the applicants, whether or not they will accompany the applicants dependants, must pass medical examinations and background checks before a visa can be issued. All must be included on the application form, or if 18 years or age or older, must complete their own application form. The visa office must be informed, in writing of the names of any dependants who will not accompany the applicant to Canada.

Will the applicant need to attend an interview and will everyone in the family need to attend the interview?

After reviewing the application, a visa officer will decide if an interview is necessary. The applicant's spouse and dependent children aged 18 and over will be asked to attend the interview with the applicant.

What funds are required for immigration to Canada?

There are no hard and fast rules, but applicants must demonstrate that they have enough money to maintain themselves until they find work, keeping in mind such factors as family size, destination in Canada (the cost of living tends to be higher in larger metropolitan areas than in smaller communities), whether or not employment is already arranged, and support that friends or relatives may be is able to provide.

How long will it take to obtain the visa?

Applicants are processed on a first-come, first-served basis. Processing times depend on the complexity of the application and the number of applications being processed. In general, consider 10 to 20 months.

The most important factor in determining how long it will take to process an application is whether the applicant has submitted the correct documents to support the application.

Business Class

Applicants have an excellent chance of qualifying under the Business Immigration Program if they have owned or operated their own business, have management experience, marketing skills and adequate financial resources.

The Business Immigration Program helps to strengthen our economy by providing Canadians and permanent residents of Canada with job opportunities and other economic or cultural benefits. All prospective immigrants must meet Canada's health and security requirements. The selection criteria are different for each class of business immigrant.

The Business Class is subdivided into three categories:

 

Self-employed Category:

Self-employed immigrants must prove to visa officials that they intend and have the ability to establish or purchase a business in Canada. This business must create a job for the applicant and make a significant contribution to the economy, or the cultural or artistic life of Canada. Proven ability is shown by applicants who have previous business or cultural experience or self-employment, and sufficient financial resources. The applicant does not have to provide or create employment for another person. Qualifying persons are artists, athletes, or musicians.

Back to Business Class Categories

 

 

Entrepreneur Category

Prospective immigrants applying under the entrepreneur category must fulfill the following criteria:

  • they intend and have the ability to establish, purchase or make a substantial investment in a business in Canada; a total net worth of C$250,000 is advisable;
  • their business will make a significant contribution to the economy;
  • this business will create or continue one or more jobs in Canada other than for themselves and their dependants; and
  • they will provide active and ongoing participation in the management of the business.

Entrepreneurs will be admitted on condition that they establish a qualified business within two years of landing in Canada. All entrepreneurs and their dependants are admitted to Canada as immigrants on condition that the principal applicant (the entrepreneur) comply with the terms and conditions of landing specified in the applicants visa. They are monitored on a regular basis and counseled on their compliance with terms and conditions. Failing to comply with the terms and conditions could lead to removal proceedings. The Entrepreneur does not have to be fluent in either English or French.

Back to Business Class Categories

 

 

Investor Category:

This program seeks to provide economic growth in all regions of Canada by attracting experienced business persons and new investment capital to Canada. Immigrant investors can now be assured of the financial security of their investment.

How does an investor qualify?

  • the investor must have a minimum net worth of C $ 1,000,000;
  • the net worth must have been accumulated through their own endeavors;
  • the minimum investment is C $ 500,000;
  • investors must invest in the program of the federal government of Canada to be selected.

**Investors are not required to play an active management role relative to their investment.

Back to Business Class Categories

 

 

Family Class

Who is eligible to sponsor someone for permanent resident status in Canada?

Sponsors must be Canadian citizens or permanent residents who are 19 years old and over, and living in Canada.

A sponsor must be able to provide for the lodging, care, maintenance and normal settlement needs of the applicant and accompanying dependants for 1 to 10 years. Sponsors who have failed to carry out a similar responsibility toward another member of the family class may not be allowed to sponsor another person.

Who is eligible for sponsorship in the family class?

  • wife/husband;
  • fiancé (e);
  • parents, grandparents;
  • brothers, sisters, nephews, nieces, grandchildren, who are orphans, unmarried and under 19;
  • children under 19 whom the sponsor plans to adopt;
  • any other relative, if the sponsor has none of the above or any family in Canada.

Who is a dependent son or a dependent daughter?

There are three ways sons or daughters can be "dependent" on their parents:

Under age 19 and unmarried

The sponsored person must be unmarried when they apply for a visa and still unmarried when the visa is issued.

Full time students *

Sponsored students must

  • be studying at a college, university, or other educational institution; and -must be studying or training when they apply for their visa and when the visa is issued; and
  • have been supported financially by their parents from age 19 r from the date of their marriage

    * Students may interrupt their studies for up to 12 months.

Children with a disability

Sponsored children with a disability must be:

  • supported mainly by their parents; and
  • unable to support themselves because of the disability

What of other family members?

If an applicant is a Canadian citizen or permanent resident who does not have a spouse, son, daughter, father, mother, grandfather, grandmother, brother, sister, uncle, aunt, nephew, or niece in Canada, and who does not have a family class relative to sponsor, the applicant may sponsor one relative regardless of relationship.

How long do sponsors have financial responsibility for family class relatives immigrating to Canada?

Sponsors agree to assist family class relatives for up to 10 years, as determined by an immigration officer.

How long will it take to process the application abroad?

Once the local Immigration office or Case Processing Centre has approved the sponsorship, the visa office will be advised and will send an application form to the applicant. The applicant must return the form as quickly as possible and undergo a medical examination, as instructed by the visa office. A visa will be issued once all requirements are met - within six months of application in routine cases involving spouses and dependent children.

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