El departamento de Inmigración de Canadá anunció cambios significativos en la determinación de la puntuación bajo el Programa de Entrada Rápida a Canadá, que surtirá efecto a partir del 6 de junio del 2017.
Los puntos serán concedidos bajo el sistema de clasificación integral en dos nuevas áreas que comprenden el buen dominio del idioma francés y tener hermanos en Canadá.
Los últimos cambios siguen el reciente movimiento para agregar puntos por estudios hechos en Canadá, y reducir la puntuación por una oferta de trabajo calificada, bajo el Programa de Entrada Rápida de Inmigración Canadá.
Un resumen de los nuevos cambios incluyen:
Más puntos por el idioma francés
Los solicitantes tendrán 15 puntos adicionales por un nivel 7 en audición, expresión oral, lectura y escritura en los Niveles de Competencia lingüística canadiense (NCLC, por sus siglas en francés) combinado con una puntuación de 4 o menos en inglés del Benchmark de Lenguaje Canadiense (CLB, por sus siglas en inglés).
Estos puntos aumentarán a 30 si el nivel 7 de francés se combina con un nivel 5 o superior en inglés.
Los puntos extras son aparte de los puntos existentes por el idioma. Más de 136 puntos pueden ser otorgados por el primer idioma oficial del solicitante, y 24 puntos por el segundo.
Nueva puntuación por tener hermanos en Canadá
Las estadísticas de la inmigración a Canadá demuestran que tener un(a) hermano(a) acelera la integración – es un factor clave en el éxito del sistema de inmigración.
Por lo tanto, los solicitantes con un(a) hermano(a) en Canadá pueden obtener 15 puntos extras bajo el programa de Entrada Rápida a Canadá.
El (la) hermano(a) debe tener 18 años o más y ser ciudadano(a) canadiense o residente permanente. Ellos deben tener un padre o una madre en común con el solicitante principal con sus esposas o pareja de hecho. Las relaciones deben ser sanguíneas, por matrimonio, derecho consensual o adopción.
El registro en la bolsa de empleo de Canadá no es obligatorio.
Ya no será un requisito para los solicitantes el registro en la bolsa de empleo de Canadá. Ellos calificarán automáticamente para recibir una invitación una vez que ellos estén en el Banco de Entrada Rápida a Canadá.
A los solicitantes que requieren de asistencia para la búsqueda de empleo se les recomienda registrarse con Global Recruiters of Montreal, la agencia interna de reclutamiento de la firma Inmigration.ca
El programa de Entrada Rápida es un sistema implementado por las autoridades canadienses de inmigración (CIC, por sus siglas en ingles) el 1ero de enero del 2015, el cual maneja solicitudes de trabajadores calificados bajo programas económicos federales.
Esto incluye el Programa Federal de trabajadores calificados, el Programa de oficios calificados, el Programa de Clase Experiencia Canadiense y algunas partes del Programa de nominados provinciales.
Las partes interesadas esperan tener de 12 a 15 sorteos y más de 30 000 invitaciones durante los primeros seis meses del año 2017, con montones de Criterios del Sistema d Clasificación Integral (CRS, por sus siglas en inglés) por debajo de 500 para permitir a las autoridades de inmigración de Canadá alcanzar los niveles anuales de inmigración para el 2017.
¿Qué significa esto para los empleadores?
Se exhorta a los empleadores asegurar una Evaluación de impacto en el mercado de trabajo (LMI, por sus siglas en inglés) o una nominación bajo el Programa de nominación provincial (PNP, por sus siglas en inglés) para asegurar la retención de los trabajadores por un largo periodo de tiempo.
Nosotros ofrecemos a los empleadores canadienses un incomparable servicio legal en inmigración y reclutamiento de nacionales extranjeros a través de nuestra empresa interna Global Recruiters of Montreal (www.grnmontreal.com). Nosotros traemos a los solicitantes aprobados en el más corto plazo de tiempo posible.
Empleadores de las más diversas ramas de la industria pueden beneficiarse directamente de nuestra posición única de ser una de las principales firmas de Canadá en línea donde puede encontrar su reclutamiento y las exigencias de inmigración.
Exhortamos a los empleadores interesados en nuestros servicios a contactarnos aquí para mayor información.
¿Qué significa esto para los solicitantes?
Se espera que a la mayoría de solicitantes que les sea emitido una Invitación para Aplicar (ITA, por sus siglas en inglés) al amparo del sistema de inmigración de Entrada Rápida a Canadá en el 2017, necesitarán una puntuación CRS muy por debajo de los 500 puntos, permitiendo que una cantidad significante de solicitantes reciban la admisión permanente a Canadá sin una oferta de empleo o una nominación bajo un programa provincial de inmigración. Sin embargo, es altamente recomendado que se asegure una oferta aprobada de empleo.
Empleadores interesados: Por favor, póngase en contacto con nosotros a través de este link para más información.
Candidatos interesados: Descubra si usted califica para unos de los programas de inmigración canadiense completando nuestra evaluación gratis en línea. Le daremos los resultados de su evaluación en 1 o 2 días laborables.
Para más información sobre Inmigración Canadá pulse aquí.
Canada’s Atlantic Immigration Pilot includes programs for high-skilled and intermediate-skilled workers, plus international graduates.
The programs are specifically for immigrants who want to permanently settle in New Brunswick, Newfoundland & Labrador, Nova Scotia and Prince Edward Island.
Up to 2,000 applications will be accepted in 2017, 2018 and 2019 with candidates requiring a job offer from a designated employer in one of the four provinces.
The employer and a settlement service provider help candidates settle in their chosen area.
Atlantic Immigration Pilot: The Programs
- Atlantic High-Skilled Program
- Atlantic Intermediate-Skilled Program
- Atlantic International Graduate Program
The work experience, education, and job offer a candidate needs depend on whether they are applying as a worker or an international student graduate. The other requirements are the same for both.
You must have worked for at least one year (1,560 hours total or 30 hours per week) within the last three years. It can be full-time, non-continuous, or part-time, as long as it adds up to 1,560 hours.
The work must be:
- In one occupation (but can be with different employers)
- Paid (volunteering or unpaid internships do not count)
- At skill type/level 0, A, B, or C of the National Occupational Classification (NOC)
- Under the Atlantic High-Skilled Program, workers need one year of experience at skill type/level 0, A, or B.
- Under the Atlantic Intermediate-Skilled Program, workers need one year of experience to be at the skill level C.
- The experience can be gained inside or outside Canada.
Candidates do not need work experience.
Candidates must have:
- A Canadian secondary (high school) or post-secondary certificate, diploma or degree,
- A foreign degree, diploma, certificate, or trade or apprenticeship education credential. Candidates need an Educational Credential Assessment (ECA) to make sure it is valid and equal to a Canadian credential. The ECA must show your education is equal to a completed Canadian secondary (high school) or post-secondary certificate, diploma or degree. Your ECA must be less than five years old when you apply.
Candidates must have:
- A minimum two-year degree, diploma, certificate, or trade or apprenticeship credential from a recognized publicly-funded institution in an Atlantic province.
- Been a full-time student in Canada for at least two years.
- Graduated in the 12 months prior to the application date.
- Lived in one of the Atlantic provinces for at least 16 months in the last two years before graduation.
- Had a visa or permit to work, study or train in Canada.
A candidate does not qualify if their study or training included:
- English or French second language courses for more than half of the program.
- Distance learning undertaken for more than half of the program.
A candidate cannot apply if their scholarship or fellowship required them to return to their home country after graduation.
Note: Atlantic Immigration Pilot candidates are able to apply for a temporary work permit if the job needs to be filled urgently. If an employer wants a candidate to apply for a temporary work permit first, the candidate needs to commit to applying for permanent residence within 90 days of the temporary application being submitted.
Under the high-skilled, intermediate-skilled and international graduate programs, candidates must have a job offer that is:
- From a designated employer in an Atlantic province.
- Reviewed by the province (See ‘Endorsement’ below)
Job offers for high-skilled workers must:
- Be skill type/level 0, A, or B
- Last at least one year
Job offers for intermediate-skilled workers must:
- Be skill type/level 0, A, B, or C
- Be indeterminate (permanent)
Job offers for international graduates must:
- Be skill type/level 0, A, B, or C
- Last at least one year
A candidate’s job offer does not need to be in the same occupation as past work experience. However, a candidate does need to meet employment requirements for the job, as listed in the NOC.
The employer does not need an LMIA. Each province will communicate a list of employers hiring under the Atlantic Immigration Pilot.
Requirements applicable to all three programs
- Score at least a level 4 in the Canadian Language Benchmark exam in English or the Niveaux de Compétence Linguistique Canadiens in French.
- Take an approved language test and meet the level for speaking, listening, reading and writing.
Results must be less than two years old on the date of application.
Proof of Funds
Requirements applicable to all three program
Candidates need to show they have enough money to support themselves and their families after immigration. Amounts depend on the size of the family and includes family members a candidate supports that are not immigrating.
Proof is not required if a candidate is already living and working in Canada with a valid work permit.
A candidate must have a needs assessment before immigrating. After the assessment, a candidate will get a plan with information about the community they are moving to and where they can get help after arrival. To find out about the needs assessment, click here.
Employers must complete an Endorsement Application for each candidate able to fill an existing vacancy.
Candidates cannot apply to Immigration, Refugees and Citizenship Canada without an endorsement., which includes details of the job offer and settlement plan.
Applicants need a settlement plan to apply for the Atlantic Immigration Pilot.
A full list of settlement service provider organizations for candidates applying from either inside or outside Canada is included below. An employer may guide a candidate on which organization to choose.
During a needs assessment, the organization will ask questions of a candidate and their family. This could happen in-person, online, or on the phone. The organization will then provide the candidate with a personalized settlement plan.
Further details will be published when the Atlantic Immigration Pilot opens in March 2017.
Settlement Service Providers
(Source: Government of Canada)
From Within Canada
|African Diaspora Association of the Maritimes||3200 Kempt Road, Suite 202
Halifax, Nova Scotia
|Antigonish Women’s Resource Centre||204 Kirk Place, 219 Main St.
Antigonish, Nova Scotia
|Association for New Canadians||144 Military Road
St. John’s, Newfoundland and Labrador
|Association Multiculturelle du Restigouche||95 Roseberry St.
Campbellton, New Brunswick
|Centre de ressources pour nouveaux arrivants au Nord-Ouest Inc.||167 Boulevard Hébert,
Edmundston, New Brunswick
|Comité d’accueil, d’intégration et d’établissement des nouveaux arrivants de la Péninsule acadienne||22 Boulevard St-Pierre Est
Caraquet, New Brunswick
|Fédération acadienne de la Nouvelle-Écosse||54 Queen St.
Dartmouth, Nova Scotia
|Fédération des Francophones de Terre-Neuve et du Labrador -Centre communautaire des Grands-Vents||65 Ridge Road, Suite 233
Saint-Jean, Newfoundland and Labrador
|Immigrant Services Association of Nova Scotia||6960 Mumford Road, Suite 2120 (second floor)
Halifax, Nova Scotia
|La Coopérative d’intégration francophone de l’Ile-du-Prince-Édouard||5 Maris Stella Avenue,
Summerside, Prince Edward Island
|Le Centre d’accueil et d’accompagnement francophone des immigrants du Sud-Est du Nouveau-Brunswick inc.||154 Queen St.
Moncton, New Brunswick
|Miramichi Regional Multicultural Association||1808 Water St.
Miramichi, New Brunswick
|Multicultural Association Chaleur Region Inc.||645 Murray Avenue, Suite 1
Bathurst, New Brunswick
|Multicultural Association of Carleton County Inc.||330 Centreville Road, Unit 4
Florenceville-Bristol, New Brunswick
Phone: 506-392-6011 109 Maple St, Unit 1A
Woodstock, New Brunswick
Phone: 506-328-4690 [email protected]
|Multicultural Association of Charlotte County||37 Main Street
St George, New Brunswick
|Multicultural Association of Fredericton||28 Saunders St.
Fredericton, New Brunswick
|Multicultural Association of the Greater Moncton Area||22 Church St., Suite C170
Moncton, New Brunswick
|New Dawn Enterprises||106 Townsend St.
Sydney, Nova Scotia
|PEI Association for Newcomers to Canada||49 Water St.
Charlottetown, Prince Edward Island
|Saint John Multicultural & Newcomer Resource Centre Inc.||165 Union St., 4th floor
Saint John, New Brunswick
|YMCA of Greater Halifax / Dartmouth||65 Main Avenue
Halifax, Nova Scotia
|YMCA of Greater Saint John||191 Churchill Boulevard
Saint John, New Brunswick
From Outside Canada
- Next Stop Canada
- Planning for Canada
Colleges and Institutes Canada and International Organization for Migration
- Pre-arrival Settlement Services
Fédération Acadienne Nouvelle-Écosse
- The Active Engagement and Integration Project
- Settlement Online Pre-Arrival Service (SOPA)
Immigrant Services Association of Nova Scotia (ISANS)
The table below shows the Quebec Ministry of Immigration, Diversity fee schedule for applications submitted in 2016 and 2017.
|Until December 31, 2016||From January 1, 2017|
|Application for a Certificat de sélection du Québec (CSQ – Québec selection certificate)|
|Business: Entrepreneur and self-employed||$1,045||$1,053|
|Each accompanying family member (except investor class)||$166||$167|
|Employer requesting validation of permanent employment||$193||$194|
|For the principal sponsored person or the first sponsored minor||$275||$277|
|For each other sponsored person||$110||$111|
|Application for a Certificat d’acceptation du Québec (CAQ – Québec certificate of acceptance)|
|Employer posting a temporary employment offer (except seasonal agriculture)||$193||$194|
|Person on a temporary stay for medical treatment||$110||$111|
|Application for recognition of an immigration consultant||$1,600||$1,612|
|Application for renewal of recognition||$1,300||$1,310|
|Comparative evaluation for studies done outside Québec (There may be translation fees in addition)||$115||$116|
Definition of Criminal Inadmissibility
When foreign nationals or permanent residents of Canada are found to have committed criminal acts, they may be deemed inadmissible to Canada. Those who are deemed inadmissible must leave Canada right away and will usually not be allowed to return to or enter Canada.
There are two main kinds of criminal inadmissibility.
- Inadmissibility for involvement in individual crime. This category is sometimes divided into two sub-categories: general criminality and serious criminality.
- Involvement in organized crime.
For more information on the two kinds of crime listed above, see the links below.
- Determining Inadmissibility for Individual Criminality
- Determining Inadmissibility for Organized Criminality
Overcoming Criminal Inadmissibility:
There are two main ways for a person to overcome a finding of criminal inadmissibility.
In some cases, a person who has committed a crime can be considered rehabilitated by the Canadian government and allowed to enter Canada.
For more information, please click here.
2. Temporary Resident Permit (TRP)
If an inadmissible person’s entry into Canada is deemed to be “justified in the circumstances”, they will be granted a TRP and allowed to enter Canada for a limited time.
A TRP will have a validity period of between one day and three years depending on the specific circumstances of the person applying for the TRP.
Note: If you are from a country whose citizens are required to obtain a visitor visa in order to enter Canada, you will have to obtain this visa along with a TRP in order to enter Canada. For a list of countries whose citizens are required to obtain a visitor visa in order to enter Canada, click here. Also, all TRP holders who would like to work or study in Canada will have to obtain the proper work or study visa in order to do so.
The following was presented by Colin R. Singer as a key note speaker at the Conference Board Canada, Immigration Summit, Ottawa, April 5, 2016.
The federal government is losing out on the world’s wealthiest investors despite Canada being an enviable destination for ultra high net worth business people. It lost its way when the previous federal government terminated the federal immigrant investor program and replaced it with a program that has failed to attract any significant interest. Canada must now reclaim its role as a dominant operator in the residence through-investment industry as it has the policy basis and the market demand to do so.
A leading study gives conclusive evidence that immigrants are far more likely to own businesses than their Canadian counterparts, a key component for economic growth. Released in March 2016 and entitled Immigration, Business Ownership and Employment in Canada, the study concludes that ‘rates of private business ownership and unincorporated self-employment are higher among immigrants than among the Canadian-born population’. We know this officially for the first time because data based on immigrant business ownership has only recently become available with the introduction of the Canadian Employer-Employee Dynamics Database, which you can access here.
Why wouldn’t Canada want to attract new residents and citizens who start their own businesses, create much-needed jobs and undertake substantive consumption expenditures in the local economy?
Canada’s history in the residence-through-investment industry
Until 2014, the Federal Immigration Investor program gave entry-level millionaires a pathway to residency and ultimately, citizenship in Canada. The scheme operated largely on the interest income earned from investors’ funds. The program benefits to Canada, peaked during the 1990s, when interest rates were high.
Despite a long regime of low interest rates, the very same scheme, with the proper investment threshold adjustments, would still put Canada at the forefront of investment immigration for mid-level applicants today, and bring immeasurable benefits to Canada, if it were not terminated. When it was cancelled in 2014, more than 15,000 mainly-Chinese business immigrants had been waiting for as long as six years, each ready to invest $800,000 in a federal backed immigrant investor program.
The previous entrepreneur program, although far less popular, was also terminated primarily because federal immigration officers could not efficiently assess the viability of proposed business projects in provinces.
The new replacement program for the former immigrant investor program was launched in February 2015 and was aimed at ultra high net worth investors. Known as the Immigrant Investor Venture Capital (IIVC) Pilot Program, it confirmed Canada`s definitive retreat from the high net worth investor industry. However the new program was doomed to fail from the start.
It aims to attract ultra high net worth individuals, (those investing $2M for temporary residence for applicant and family members) through largely uncompetitive conditions such as mandatory language testing and an investment requirement of $2 Million into an approved fund for 15 years. Programs in the USA, UK, and Australia (referred to as Tier 1 countries based on visa free travel and other indexes), among others, require considerably less onerous conditions, and this explains why less than 10 applications have been received against a target of 60 for this pilot project program.
As a consequence of this failed policy, Canada is losing out on attracting the world`s most successful business people and their families who otherwise would choose to settle here.
Conversely, the Quebec government continues to promote its highly successful Quebec Immigrant Investor Program(QIIP), which has been in place since 1986. It requires applicants to have a net worth of $1.6 million, two years of business experience in the last five, an intention to live in Quebec, an $800,000 investment over five years, after which the money is returned with no interest and a $15,000 processing fee.
The administration of the QIIP program is largely funded by the processing fees it charges investors and it was fully subscribed in 2014 and 2015 with 1,750 applicants each year. The 2016 version of the QIIP program will open on May 30th and will accept 1900 applications.
The benefits of the QIIP to the province are undeniable. Through Investment Quebec, the province manages an immigrant investor fund that issues grants to Quebec businesses. During the period January 2001 through February 2016, the QIIP program generated more than $700 Million from immigrant investors and this sum was allocated to 4,737 Quebec businesses located in 17 regions throughout the province.
Canada’s Policy Needs
On the basis of the empirical evidence contained in the Immigration, Business Ownership and Employment in Canada, findings, Canada has the policy basis to justify re-designing an ultra high net worth business immigration program. It just needs to create the right policies and well structured programs that will succeed in attracting carefully chosen ultra high net worth business people and ensure the financial benefits that can be realized.
It was recently confirmed the Liberal government plans to inject some life into the country’s struggling economy by committing substantial expenditures on a variety of projects over the next five years. The result could be a budget deficit that may exceed $120 billion during the period.
One way to offset this shortfall is to re-design policies under federal investment immigration programs that will bring significant capital to Canada and at the same time, attract some of the world`s most successful business people to settle in Canada. This will offer such individuals with opportunity to relocate their families here, enroll their children in Canadian study programs and pursue continued successful business ventures over the longer term.
If executed strategically, Canada will realize significant gains to its human capital in the immediate term and through the children of such business people, in the long term. The human capital benefit that the children of successful business people bring to Canada is immeasurable and invaluable.
A new business program must fit within the current legislative framework
Our diverse country featuring shared jurisdiction between the federal government and the provinces and territories in immigration matters has resulted in each of the 10 provinces and three territories devising their own immigration policies and programs, known as provincial nominee programs (PNP), that are tailored to their individual requirements. Given the individual nature of each province and territory, provincial governments are best suited to devise and manage their own individual programs.
Within PNPs, many of the provinces promote active entrepreneur options to a small number of high net worthbusiness people. Depending on the province, programs typically operate under modest annual quotas, and require investments ranging from $150,000 to $800,000 among other criteria.
Quebec, through its QIIP, runs the only provincial passive high net worth investor program, which will remain so because of a long-standing agreement as well as prohibitions contained in section 87 of the Immigration and Refugee Protection Regulations.
There is no logic for the federal government to create a secondary entrepreneur program that has many of the hallmarks of existing provincial programs.
Consequently, there is strong policy justification for a carefully-structured and viable passive immigrant investor program, geared towards ultra high net worth investors, at the federal level. The objective would be to resurrect the failed Immigrant Investor Venture Capital (IIVC) Pilot Program.
Current federal-level programs:
- Personal net worth of $10 million.
- Applicants must invest at least $2 million into a government-approved VC fund for a minimum period of 15 years, with no guarantee of return.
- Applicants must demonstrate their net worth threshold was obtained from lawful, for profit-making management, businesses or investment activities.
- Mandatory language testing
- Proof of completed Canadian post-secondary education of at least one year, or proof of a foreign educational equivalent (applicants with a personal net worth of $50 million are exempt).
Against a pilot target of 60 when it was established in February 2015 and extended through the end of 2015, this program has attracted less than 10 applicants. Thus far, it fails to compete with any of the programs from “Tier 1” nations on criteria such as net worth thresholds, investment term, asset class composition and language requirement stipulations.
- Commitment certificate or letter of support from a designated entity
- Sufficient unencumbered, available and transferable settlement funds
- At least one year of post-secondary education
- Mandatory language testing.
This program was established in 2013 and grants permanent residence and work permits to qualified immigrant entrepreneurs. The program aims to recruit entrepreneurs and link them with private sector businesses in Canada. The goal is to help establish businesses that have the potential to scale internationally. However, less than 100 applications have been received against an annual target of 2,750.
The international competition
Canada has significant competition in the permanent residence-through-investment field, among tier 1 countries with the USA, UK, Portugal and Australia all providing pathways to residence with a blend of active entrepreneur and passive investor options. In total, more than 20 countries offer permanent residence opportunities.
The US EB-5 requires an investment of $500,000 or $1 million, while the minimum investment for the UK program is C$4 million with no net worth threshold or language requirements. It also allows investors flexibility on the choice of asset classes.
In general, Canada’s IIVCP has failed to attract interest because it imposes conditions that are not competitive in the international market. These include unnecessary language requirements, imposing a net worth threshold, an unreasonable term of 15 years and no flexibility for the investor in the selection of an asset class.
While Canada must re-establish a credible standing and compete with the international market place in the permanent residence field, it could have an interesting opportunity to become a dominant Tier 1 player in the citizenship through investment arena.
Currently Austria, Malta and Cyprus are the only Tier 1 countries offering a direct path to citizenship while Antigua and Barbuda, Dominica, St. Kitts and Nevis and Saint Lucia also offer such programs.
Canada, Australia, Belgium, Portugal, Singapore, the UK and the US all offer a pathway to citizenship after long periods of permanent residence.
Canada, therefore, could become a popular citizenship-through-investment destination by becoming the premier Tier 1 nation offering such a scheme. The only credible rival would be Malta, which offers Maltese citizenship that has a very high international stature.
In pursuing this new policy initiative, Canada would be in position to attract the world’s most successful ultra high net worth businesspeople along with their families and by extension their business networks. This could prove highly lucrative to Canada under a number of objective assessments, depending on the structure of the program.
Devising new programs
If Canada is to return to the forefront of the business immigration field, and replicate the success of the QIIP, it must do so with well-devised, targeted programs with competitive requirements that attract the right calibre of applicants on the basis of clear policy objectives.
A redesigned immigrant investor program can retain the best elements from international programs and add elements that meet Canadian policy objectives. A new citizenship through investment program would be geared to an even more select but very limited number of international clientele. It must remain competitive in the market.
While two separate schemes are being put forward, there are overriding considerations that must be met.
Strict due diligence and compliance mechanisms must be put in place.
Must exceed or at least equal similar international programs using a variety of objective international measures.
- Efficient cost to manage
Centralized processing, mandatorybackground checks and due diligence can be outsourced and conducted by reputable third parties. Applications must not be submitted directly by applicants or consultants but through designated intermediaries, thus ensuring standards met.
- Fast processing
Industry standard is six months, achieved by limitations on the number of applications submitted each cycle.
Having established these key requirements, the next step is to define how the separate schemes – for permanent residency and citizenship – could look.
1) New permanent residency-through-investment program
- An investment threshold of between $1.5 million and $2 million – very competitive when compared to similar programs.
- No minimum net worth, making it more attractive for an investor and easier to administer. This is consistent with the industry.
- Asset classes to be chosen by investor. This is consistent with the industry.
- Investment to exclude residential real estate, thus avoiding concerns of real estate bubbles in popular geographical areas.
- Strict due diligence and compliance, conducted by expert third parties.
- Processing fees of $20,000, plus additional fees for accompanying dependents. Processing fees can help offset program management costs, similar to the QIIP.
2) New citizenship-through-investment program
- An investment threshold of $10 million. This could be marketable, as Canada would become the only tier 1 country in North America in the citizenship-through investment industry.
- No minimum net worth, making it more attractive for an investor and easier to administer. This is consistent with the industry
- Asset classes: 50 per cent of investment allocated towards a federal infrastructure fund and 50 per cent chosen by investor, with restrictions.
- One year of permanent residence status, including a minimum of three months physical presence before an application for Canadian citizenship can be submitted.
- Strict due diligence and compliance, conducted by expert third parties.
- Processing fees of $50,000, plus additional fees for accompanying dependents. Processing fees can help offset program management costs.
- Creation of an International Refugee Fund to receive 0.0005% of investment ($5,000 per investor). This would serve as a program to provide monetary assistance to those affected by a current international migrant crisis caused by international conflicts.
The next step
Canada must now assess the tangible, objective benefits of a recalibrated residence and a well-developed citizenship-through-investment program for ultra high net worth investors to attract the highest caliber of new residents and citizens.
General Information: Contact us to receive more information about this article.
Interested Investors: Kindly complete the following form and we will contact you to discuss your global residency and citizenship investment options.
The government of Ontario has authority to nominate certain applicants for Canadian permanent residence under the Provincial Nominee Program (PNP).
The OES business program is aimed at individuals from outside Canada who want to start a business or buy an already existing business in Ontario. Those who are approved for the program will be nominated for Canadian permanent residence. Once nominated, an applicant qualifies to apply for Canadian permanent residence.
The initial Expression of Interest registration can be submitted online. For more information, click here.
There are a number of steps that need to be followed in order to apply under the OES business program:
Step 1: Make Sure You Satisfy all Criteria and Requirements
Step 2: Complete and Submit an Online Expression of Interest (EOI)
Step 3: Invitation to Apply
Step 4: Submit Your Online Application
Step 5: Application Assessment
Step 6: Sign Performance Agreement
Step 7: Before You Arrive: Temporary Work Permit
Step 8: After You Arrive: 20 Months For Business Establishment
Step 9: Nomination for Permanent Residence
Step 10: Application For Permanent Residence, Plus Three Years of Monitoring
Step 1: Make Sure You Satisfy all Criteria and Requirements
Ontario suggests candidates thoroughly self-evaluate before registering an Expression of Interest (EOI).
Primarily this should include making sure you meet minimum requirements, but candidates are strongly advised to visit the province to assess business opportunities and make local contacts.
Ontario also publishes the following list of ineligible businesses:
Ineligible Businesses Inside Greater Toronto Area
- Existing Franchises in Ontario (new foreign franchises expanding into Ontario are permitted)
- Gas Stations
- Tire Recycling *
- Scrap Metal Recycling *
- Pawnbrokers *
- Bed and Breakfasts
- Holding Companies *
- Laundromats *
- Automated Car Wash Operations *
- Pay Day Loan and related businesses *
- Businesses which have been previously owned/operated by current or former OINP business stream nominees *
* Star indicates businesses that are also ineligible outside Greater Toronto Area
An EOI is a document by which the applicant states an intention to immigrate to the province of Ontario under the OES. The EOI is filled out online. The applicant is assessed and given a score using a points system. The EOI must be filled out accurately and honestly. Points are awarded based on:
- Business experience
- Personal Net worth
- Amount of Intended investment
- Number of jobs to be created
- Whether you completed an Exploratory Visit to Ontario
- Whether your business is in one of the following sectors:
- Financial Services
- Food and Beverage Manufacturing
- Information and Communications Technology
- Life Sciences
- Water Technology
- The National Occupation Classification of the position your employment falls under.
- Language Abilities
An EOI is a document by which the applicant states an intention to immigrate to the province of Ontario under the OES. The initial EOI registration can be submitted online. For more information, click here. The applicant is assessed and given a score using a points system. The EOI must be filled out accurately and honestly. Points are awarded based on:
- The purpose and objectives of the business.
- What the business will be selling.
- How the business will operate.
- Who the customers will be.
- How the business will achieve its objectives.
- Challenges the business may face.
- A description of how the challenges will be overcome.
There is a $3,500 application processing fee. Incomplete applications will not be assessed.
Once the fee and all required documents are received, the application will be assessed. Some applicants may be required to attend a mandatory interview.
If your application is approved, you will be asked to sign a Performance Agreement. The Performance Agreement will outline the rules that must be followed in order for you to be nominated for permanent residence.
Once you sign the Performance Agreement, you will be sent a Letter of Confirmation. This letter will allow you to apply for a Temporary Work Permit from the Canadian government. If you meet all the relevant criteria of the Canadian federal government, you will receive a Temporary Work Permit.
Once you obtain a temporary work permit, you should move to Ontario and begin establishing your business as soon as possible. You must inform the immigration processing office of your arrival in Ontario within 7 days of arrival. Within 18 months of arriving in Ontario, you must submit a report showing that you are abiding by all the rules of the OES and the terms of your performance agreement.
If your report is approved, you will be nominated for permanent residence by the Ontario government. The holder of a nomination certificate may submit an application for Canadian permanent residence to the federal government as long as the nominee continues to abide by the performance agreement and the requirements of the OCS mentioned above.
If you obtain permanent residence, you will be monitored for an additional period of 36 months to make sure that you continue to abide by all the rules of the OES and the terms of your performance agreement.
The following dependants can be included in an application of the OES business program:
- Common Law Partner
- Dependent children who are:
- Younger than age 19 and do not have a spouse or common law partner OR
- Dependant on their parents due to physical or mental illness
- Dependant children of dependant children.
Interested employers: Kindly contact us here to receive further information.
La Clase del Trabajador Calificado está compuesta por la Clase Federal de Trabajador Calificado, la Clase de Trabajador Calificado de Quebec, Clase de Nominado Provincial y la Clase de Experiencia Canadiense. Es en base a puntos y otorga residencia permanente a los candidatos calificados que pueden demostrar su capacidad establecerse económicamente en Canadá. No se necesita tener una oferta laboral de un empleador canadiense.
Los candidatos interesados pueden recibir una evaluación gratis de sus calificaciones para la residencia permanente canadiense como Trabajadores Calificados al completar este cuestionario:
- Evaluación Inmigración como Trabajador Calificado
- Más información sobre la Inmigración como Trabajador Calificado
Evaluación de Inmigración Comercial
La Clase Comercial está compuesta por la Clase de Inversión y la Clase Empresarial. Está definida ampliamente como para personas que poseen un alto patrimonio neto y controlan el capital de un negocio calificado o que manejan empleados a tiempo completo en una empresa gubernamental o privada.
Un Candidato Comercial también puede incluir una Persona Independiente que se involucrará en la vida cultural, artística o agrícola de Canadá.
Los candidatos interesados pueden recibir una evaluación gratis de sus calificaciones para la residencia permanente canadiense como Candidatos Comerciales al completar este cuestionario:
Evaluación de la Clase de Auspicio Familiar
Los ciudadanos y residentes permanentes canadienses que viven en Canadá, tienen 18 años de edad o más, pueden patrocinar a familiares cercanos que incluyen cónyuges, parejas de facto/del mismo sexo, parejas conyugales que no pueden vivir juntos e hijos dependientes que apliquen desde fuera de Canadá y quieran volverse residentes permanentes de Canadá.
Los candidatos interesados pueden recibir una evaluación gratis de sus calificaciones para la residencia permanente canadiense como miembros de la Clase Familiar al completar este cuestionario:
- Evaluación de la Clase de Auspicio Familiar
- Más información sobre la Inmigración a través de la Clase de Auspicio Familiar
Evaluación de Trabajador de Oficio:
Proporcionamos asistencia a los potenciales candidatos que desean buscar empleo en un oficio en Canadá:
Los candidatos interesados pueden recibir una evaluación gratis de sus calificaciones para empleo como Trabajador de Oficio en Canadá al completar este cuestionario:
- Evaluación de Trabajador de Oficio:
- Más información sobre la Inmigración Federal de Oficios Calificados
- Más información sobre Empleo Canadiense para Trabajadores de Oficio
Evaluación para Visa de Trabajo
Los Empleadores Canadienses que deseen contratar a un extranjero para realizar trabajo en Canadá deberán obtener una opinión del mercado laboral del Departamento de Recursos Humanos y Desarrollo de Habilidades de Canadá (HRSDC, por sus siglas en inglés) que confirme el impacto de la contratación en el mercado laboral local. En la mayoría de los casos, este es un componente esencial de la elegibilidad del trabajador para aplicar a una Visa de Trabajo Canadiense.
Los lectores que han recibido una oferta laboral en Canadá y requieren nuestro apoyo para conseguir la aprobación HRSDC están invitados a completar el cuestionario a continuación para nuestra revisión y evaluación sin costo alguno.
Evaluación de Inmigración Acelerada
Frecuentemente, las personas que reciban una oferta laboral de un Empleador Canadiense pueden reubicarse a Canadá con estatus de trabajador poco después de encontrar un empleador. En algunos casos, el empleo temporal en Canadá puede conllevar a la residencia permanente. Immigration.ca, en colaboración con Global Recruiters Network (GRN) Montreal, puede ayudarlo a encontrar un trabajo en Canadá y el camino acelerado para su proceso de inmigración.
Los lectores están invitados a completar el siguiente cuestionario para recibir una evaluación gratis de sus posibilidades laborales en Canadá:
La provincia francófona de Quebec administra sus propios programas de inmigración con criterios de selección diferentes a aquellos de los programas de inmigración federales.
Los extranjeros que desean asentarse permanentemente en Quebec deben pasar por un proceso de inmigración de dos pasos. Primero, deberán aplicar para ser seleccionados por el Ministère de l’immigration et des communautés culturelles (MICC), la autoridad migratoria de Quebec. Una vez seleccionados, recibirán un Certificat de Sélection du Québec (CSQ), que les permite aplicar para una visa de Residencia Permanente Canadiense. El rol del Departamento de Ciudadanía e Inmigración Canadá en la evaluación de la aplicación del Candidato Seleccionado por Quebec está limitado a temas de salud y antecedentes criminales.
*** El Gobierno de Quebec ha anunciado que relanzará su Programa de Inversionistas Inmigrantes en el 2015. Leer más aquí ***
The Immigration and Refugee Protection Regulations governing the Economic Class comprises the Federal Skilled Worker Class, Provincial Nominee Class (“PNP”), Quebec Skilled Worker Class, Investor Class, Entrepreneur Class, Self-Employed Person’s Class and the Canada Experience Class.
On May 4, 2013, the Government of Canada introduced substantive changes to the Federal Skilled worker Class. The Minister of Citizenship, Immigration and Multiculturalism, provides assurances that new federal skilled worker applications, should receive a selection decision within 6-12 months.
The following is a compilation of Frequently Asked Questions prepared by Colin R. Singer, Attorney, summarizing procedures affecting the Economic Class. Mr. Singer appeared before the Parliamentary Standing Committee on Citizenship & Immigration as a witness, prior to the implementation of the Immigration and Refugee Protection Act, 2002.
Pursuant to the provisions of Canada’s constitutional laws, the holder of a Canadian permanent resident visa and his/her accompanying dependants are permitted to permanently reside in Canada and earn a livelihood in any one of the ten provinces or three territories within Canada. In addition, individuals with Canadian permanent residence may attend primary and secondary education institutions in the various provincially administered public school systems, tuition exempt. Permanent residents also qualify for provincially administered universal health care coverage.
(Skilled worker class, Quebec skilled worker class, provincial nominee class, entrepreneur class, investor class, self-employed persons class, Canada experience class)
The Federal skilled worker class is point based and confers permanent resident status upon qualified applicants who are able to demonstrate an ability to become economically established in Canada. Applicants are assessed under 6 factors and numerous sub factors of assessment providing for 100 points. Individuals with at least one year of continuous full-time employment experience, or the equivalent in part-time employment in one or more “open” occupations, within the 10 years preceding the date of their application and who possess the required settlement funding, may qualify for assessment. Applicants who do not meet the applicable pass mark may be accepted under the positive discretion provisions of the regulations. This mechanism is (rarely) used to accept a number of applicants who will be able to successfully settle in Canada yet who do meet the applicable pass mark.
Under the Quebec skilled worker class and the Provincial nominee class, applicants may become permanent residents on the basis of their proven ability to become economically established in Canada, in accordance with immigration programs and selection criteria administered by Quebec or the provinces.
A detailed review of the Quebec skilled worker program may be obtained here.
A detailed review of the Provincial nominee programs may be obtained here.
The Investor class is point based and confers permanent residence to applicants who demonstrate an ability to become economically established in Canada on the basis of their business or management experience and high personal net worth. Approval is contingent upon the investor undertaking to commit an irrevocable, passive, non-interest bearing investment of $800,000 in a government guaranteed investment fund. As of February 11, 2014, the Canadian government announced the end of its Immigrant Investor program. Currently, Investor Immigrants must intend to settle in the province of Quebec and apply under the Quebec Investor class.
A successful applicant under the Quebec Investor class is one who has a) owned and operated a business for 2-years in the previous 5-years or has held a high level management position for 2-years in the previous 5-years in a private company, government or NGO; b) possesses a personal net worth of at least CAD $1,600,000 legally acquired and c) undertakes to invest $800,000 in a passive government guaranteed investment for a period of five years and receive no interest. Applicants may finance their investment and liquidate only $180,000 to $220,000 into a government approved financing program for five years and receive no return of capital.
The Entrepreneur class is point based and confers permanent residence to applicants who demonstrate an ability to become economically established in Canada on the basis of their business experience and personal net worth. Approval is contingent upon the entrepreneur undertaking to invest and become active in the management of a qualifying business operated in Canada that will contribute to the economy and create employment. Entrepreneurs may apply under the Quebec Entrepreneur class or a number of Provincial Nominee Programs.
A successful applicant is generally one who has a) managed a qualifying business and has controlled a percentage of equity of the qualifying business for at least two years in the period beginning five years preceding the application; b) possesses a personal net worth of $300,000 and c) undertakes to control a percentage of the equity of a qualifying Canadian business and provide active and ongoing management of the qualifying Canadian business that will create at least one incremental full-time job for Canadian citizens or permanent residents, other than the entrepreneur and their family members. This condition must be fulfilled for a period of one year within the period of three years after the day on which the entrepreneur becomes a permanent resident.
The Self-Employed class refers to applicants who have the intention and the ability to create their own employment and make a significant contribution to the cultural, artistic or athletic life of Canada, or to create their own employment by purchasing and managing a farm in Canada.
A successful applicant is one who has at least two years of experience in the period beginning five years before the date of the application and ending on the day a determination is made on the application, in self-employment in cultural activities or in athletics; participation at a world-class level in cultural activities or athletics; or farm management experience.
To qualify, the applicant must demonstrate a sufficient financial net worth which, although less than an entrepreneur and not specified in the regulations, should enable the applicant to be self-employed in Canada and make a significant contribution to specify economic activities in Canada and to meet the initial settlement requirements for the applicant and accompanying dependants.
Skilled Workers are persons with suitable education, work experience, age and language abilities under one of Canada’s official languages and who are selected as permanent residents under six selection factors which demonstrate their likelihood to become economically settled in Canada. Applicants are assessed under 6 factors and numerous sub factors of assessment providing for 100 points. Individuals with at least one year of continuous full-time employment experience, or the equivalent in part-time employment in one or more “open” occupations, within the 10 years preceding the date of their application and who possess the required settlement funding, may qualify for assessment.
Applications submitted under the Federal skilled worker class undergo a two-stage assessment process.
To qualify under the First-Stage, skilled worker applicants must meet the following conditions:
1. Eliminatory condition:
- Possess at least one year of applicable experience in one of 50 major high demand occupations (health, skilled trades and finance) listed here; OR
- Possess an approved offer of “Arranged Employment”; OR
- Legally living in Canada for a minimum of one year as a temporary foreign worker and have received a permanent full time employment offer from current employer; OR
- Are enrolled in good standing in a Canadian PhD program and have completed at least two years of the program or graduated within the 12 months preceding the application.
Applicants who meet one of the above eliminatory conditions will be eligible for continued processing as a skilled worker under a second-stage at which time they must also meet each of the following essential selection conditions:
2. Essential selection conditions:
- Possess one-year, within the previous 10 years, of suitable continuous full-time paid work experience or the equivalent in part-time continuous employment; AND
- The work experience must be classified within Skill Type 0 (Managerial Occupations), Skill Level A (Professional Occupations), or Skill Level B (Technical Occupations and Skilled Trades) within the meaning of the National Occupational Classification system; AND
- Score sufficient points under the skilled worker point grid comprising of six selection factors. The current pass mark is 67 points; AND
- Possess suitable settlement funding; AND
- Undergo a successful security background and medical examination.
The Regulations enumerates the factors and allocates the maximum number of units as follows:
|ARRANGED EMPLOYMENT IN CANADA||Max. 10|
For a detailed breakdown of the Skilled Worker immigration factors, please click on the following link.
In summary, the Immigration and Refugee Protection Regulations under the skilled worker class features a selection process THAT:
- Implements a selection regime that places emphasis on higher education, language abilities and flexible transferable skills.
- Favours married (or common-law partners, conjugal partners) applicants with university education at the graduate level.
- Rewards applicants with government approved job offers in Canada.
- Provides the Minister of Citizenship and Immigration with authority to set and amend the pass mark at any time during the process with no lock-in protection for an application under assessment. This gives rise to a highly unpredictable selection regime.
- Preserves the discretionary powers of a visa officer to assess an applicant’s overall settlement potential, irrespective of the point total and approve an application under the positive discretion (or refuse an application under the negative discretion) provisions of the regulations. This mechanism is used to accept a number of applicants who will be able to successfully settle in Canada yet who do meet the applicable pass mark.
- Follows a processing system based on an applicant’s nationality or current place of legal residence.
- Establishes a continuing conformity principle requiring applicants to meet applicable selection criteria at the time an application for a permanent resident visa is made as well as at the time the visa is issued. This gives rise to a highly unpredictable selection regime.
On November 28, 2008, the Minister of Citizenship, Immigration and Multiculturalism, provided assurances that new federal skilled worker applications should receive a selection decision within 6-12 months from submission. This contrasted substantially with applications submitted under the old regime where, depending upon the time of year, the immigration program and the office in question and other factors, the processing time for an application for permanent residence filed under the economic class can vary from between 12 months and 40 months. This is the time generally needed to demonstrate compliance under one of the applicable categories; a clean bill of health for the applicant and accompanying dependants; sufficient assets to successfully establish the family in Canada; and a confirmation of no criminal inadmissibility’s for the applicant and the overage accompanying dependants. (The immigration offices in New Delhi, Islamabad, Beijing, Manila and Accra historically attract the most applications and therefore have the longest processing times).
The application for permanent residence generally includes the applicant, spouse or common-law partner or conjugal partner 16 years of age or older and any unmarried children under the age of 19 years. Children over the age of 19 may in prescribed circumstances, be included as accompanying family members.
Applications for Canadian permanent residence under the Skilled Workers Class are initially filed inside Canada through the Centralized Intake Office – Case Processing Centre in Sydney, Nova Scotia. Once approved, the application will undergo further processing with an appropriate immigration office outside of Canada that serves the country where the applicant is legally residing or the immigration office that serves the applicant’s country of nationality.
Applications for permanent residence must include the appropriate non-refundable processing fees for applicants and their accompanying dependants. For applicants applying under the skilled worker program the application fee is currently set at $550 CAD for each applicant as well as each family member of the principle applicant who is 22 years of age or older. A fee of $150 shall apply to each family member under the age of 22 years. As well, a Right of Permanent Residence Fee of $490 CAD is levied, prior to visa issuance, for each person who is at least 22 years of age applying for permanent residence.
Processing fees must be filed with the application. Right of Permanent Residence fees are submitted upon request by the visa office, prior to visa issuance. Applicants are encouraged to verify with local missions for applicable immigration office specific payment procedures.
The applicant need not visit Canada as part of the immigration process. However in some cases, familiarity with the Canadian landscape and particularly with the area of intended destination can impact positively on the assessment.
Applicants applying under the Investor or the Entrepreneur class are encouraged to undertake exploratory visits to Canada and participate in information sessions sponsored by the provinces. For Entrepreneur Class applicants, such efforts may relate to an indication of an applicant’s ability to meet the universal terms and conditions of admission.
The applicant and spouse (where applicable), will generally be required to travel to the processing immigration office and attend a selection interview. In many cases, the requirement for a spouse to attend the selection interview can be waived.
As well, certain posts require that accompanying dependant children over the age of 22 years attend the immigration selection interview.
Generally, an interview would be conducted to ensure the accuracy of the information contained in the documentation submitted; to clarify issues relating to the applicant’s background; to confirm an applicant possesses the necessary means to settle in Canada; to verify the absence of security inadmissibility’s; to ensure the applicant is intending to enter the Canadian labour market; to verify whether there are sufficient grounds to exercise positive discretion; etc. The interview cannot be conducted to verify an applicant’s language abilities.
Under the Business Class (Investor, Entrepreneur, Self-Employed), applicants are interviewed to ensure conformance with the statutory definitions and to review the general parameters of the business proposal in Canada.
Applicants are advised to bring to the interview, all original documentation supporting the application; certificates of non-criminal conviction; evidence of settlement funds.
Certain factors may justify the waiving of a selection interview. This is a highly discretionary aspect of the Regulations and is largely a function of the immigration office in question, the habitual residence of the applicant and the documentation in support of the applicant’s qualifications.
All Federal Skilled Workers applications must contain in prescribed format, the name, birth date, and address, nationality and immigration status of the applicant and all family members of the applicant and the class of visa being requested. The application must also contain the four-digit codes from the National Occupational Classification that corresponds to each of the occupations engaged in by the applicant and that constitutes the skilled worker’s work experience. Supporting documentation includes copies of passports, birth and marriage certificates, proof of language proficiency, evidence of past work experience, official evaluation of education credentials, evidence of sufficient settlement funds, photos and the required processing fees.
Yes. During the First-Stage evaluation process, applicants must:
- Possess at least one year of applicable full-time experience in one of 50 major high demand occupations (health, skilled trades and finance) listed here; OR
- Possess an approved offer of employment “Arranged Employment”; OR
- Be legally living in Canada for a minimum of one year as a temporary foreign worker and have received a permanent full time employment offer from current employer; OR
- Be enrolled in good standing in a Canadian PhD program and have completed at least two years of the program or graduated within the 12 months preceding the application.
During the Second-Stage evaluation process, applicants must possess:
At least one year of experience within the past 10 years in one of the occupations listed in either Skill Type 0 or Skill Level A or B of the National Occupational Classification (the “NOC”) is a necessary preliminary requisite to qualifying for permanent resident status.
To receive consideration for experience, the applicant must perform the actions described in the lead statement for the occupation as set out in the NOC and at least a substantial number of the main duties of the occupation including all of the essential duties. There is no obligation to meet the occupational employment requirements described in the NOC.
Applicants must specify in their application the four-digit code of the NOC that corresponds to each of the occupations engaged in by the applicant and that constitutes the skilled worker’s work experience.
A number of graduate students and post doctoral candidates may not possess so called “full time” employment experience within the traditional sense other than faculty related internships, teaching positions, etc. In many cases, such experience may prove sufficient.
The number of units of assessment awarded under the experience factor will depend upon reasoned presentations and supporting documentation on the part of the applicant demonstrating that the applicant meets the requirements of NOC and would ultimately be left to the appreciation of the interviewing visa officer.
There is no requirement for an applicant to become employed in Canada in an occupation that is consistent with past employment experience.
No. Under current rules, an applicant can qualify for admission under the Federal Skilled Workers program without an approved offer of employment on the basis of possessing at least one year of applicable full-time experience in one of 50 major high demand occupations.
However, applicants who do not meet the above requirement must obtain a suitable offer of employment which must be approved by Employment and Social Development Canada (“ESDC”). This is referred to as “arranged employment”. This will also provide a prospective applicant with an additional 15 units of assessment.
The current selection rules favour applicants with government approved job offers in Canada.
There are a number of occupations in Canada requiring registration and/or licensing, as a condition of employment, a process that varies from province to province. However, the employment requirements including occupational licensing is not a requirement that must be met as a condition of immigration approval.
Under the skilled worker class, applicants must provide evidence of sufficient funds for the family to travel and settle in Canada as measured against the current annual Low Income Cut-Off (LICO) published by Statistics Canada.
A sum of approximately $22,000 would satisfy the requirements for a family comprising of the applicant, spouse and two children. Such evidence may be furnished immediately prior to visa issuance.
Exempt from this financial requirement would be applicants who have received an approved job offer in Canada.
The principal applicant receives five points for adaptability if they or their accompanying spouse or common-law partner, have a close relative in Canada such as a parent, grandparent, child, grandchild, spouse, common-law partner, sister, brother, uncle, aunt, nephew or niece who is a Canadian citizen or permanent resident and is physically residing in Canada.
Current legislation provides that permanent resident status is maintained if a person is physically resident in Canada for at least 730 days (2 years) within any period of 5 years, or if other circumstances are met.
If not physically present in Canada, permanent resident status can be maintained while abroad where the Canadian resident is abroad with a Canadian citizen spouse or parent; with a Canadian employer, or with a Canadian permanent resident who works for a Canadian employer.
It is sufficient for a permanent resident to demonstrate at examination, if they have been a permanent resident for less than five years, that they can potentially meet the 730-day residency obligation in respect of the five-year period immediately after their arrival in Canada. An officer is not permitted to exclude the possibility that an applicant who has resided abroad for three years, may still be able to comply with the residency obligation during the remaining two years of the five-year period.
Canadian residency rules are among the most flexible. In effect one who is recently admitted as a permanent resident can theoretically leave Canada for up to three years after activating their resident visa to pursue their existing obligations while preserving Canadian permanent residence throughout this initial period.
Traditionally, visa officers have viewed concurrent applications for permanent residence and temporary entry as being incompatible with each other.
Current law attempts to clarify the issue and provides that immigration officers must assess the present intention of the applicant when a person applies to visit Canada and verify the question of whether the applicant has the ability and the intention to enter Canada for a temporary purpose and thereafter leave Canada at the expiry of the visitor status, regardless if the long-term goal is to secure permanent residence in Canada. Visitor’s (work, study or visit) with pending immigrant applications may be subject to the issue of Dual Intent if they cannot demonstrate that they will leave Canada by the end of the period authorized for their stay.
Under current immigration policy, applicants are encouraged to become familiar with Canada’s landscape, which will augment the applicant’s likelihood of successfully integrating into Canadian society. Applicants are discouraged however from “waiting” inside Canada during the permanent residence application process. Applicants who wish to procure temporary entry into Canada and who have a pending application for permanent residence will be required to demonstrate sufficient ties to their current country of residence prior to the issuing of a temporary visitor’s visa by the Canadian visa office.
The issues raised above should be reiterated here as well. In addition, applicants who wish to procure a temporary work permit must generally initiate the process with the assistance of the prospective employer who must file an application with the Canada Employment authorities inside Canada. It is only after the employment authorities have confirmed that the hiring in question will have a neutral effect on the local labour market that the application would be approved and forwarded to the appropriate visa office outside Canada for immigration assessment and processing. This is known as obtaining a positive “labour market opinion”. As the average processing time for permanent residence applications currently exceeds 12 months at most immigration offices, it may be advantageous in many cases, for the applicant to apply for a temporary work permit either prior to or during the processing of an application for permanent residence.
The Canadian immigration authorities are continuously revising programs and policies to reflect Canada’s changing labour market requirements. The current Regulations provide the Minister of Citizenship and Immigration with authority to set and amend the pass mark at any time during the process with no lock-in protection for an application under assessment. Qualified applicants who manifest a serious interest in obtaining permanent residence would be encouraged to proceed with the filing of the application(s) and the non refundable government filing fees in a timely fashion so as to initiate and conclude the processing at the earliest possible time.
As well, since the processing of a permanent resident visa application generally takes many months to complete, Canadian employers are often willing to consider sponsoring the candidacy of qualified foreign applicants under a temporary work visa. Applicants may therefore consider canvassing the Canadian labour market while simultaneously processing an application for permanent residence.
Employers in the Canadian Health Care, Engineering, Financial Services sectors, Construction and Skilled Trades, Machining and Heavy Equipment Operators, Automotive and Agriculture are recruiting qualified individuals who are lawfully permitted to take up employment in Canada on a temporary or permanent basis. Many of these firms are currently advertising available positions in Canada’s leading newspapers, trade journals and or through the Internet.
The Canadian Government imposes income tax on the basis of residency rather than citizenship. It is therefore possible to become a Canadian citizen and a non-resident for tax purposes. After becoming a permanent resident and prior to attaining citizenship, an individual would be required to pay Canadian taxes on worldwide income.
The assets of a newly arriving immigrant are not taxed under Canadian law.
Pursuant to the provisions of the Quebec/Canada Accord, the Immigration and Refugee Protection Act and the Quebec Act Respecting the Selection of Foreign Nationals, the Quebec Government is currently the only provincial government in Canada to have concluded a comprehensive agreement for the purpose of facilitating the formulation, coordination and implementation of immigration policies and programs with respect to the admission of foreign nationals to the province.
However, the Canadian Citizenship & Immigration authorities maintain exclusive jurisdiction in the areas of visa issuance, and medical and criminal inadmissibility.
Applicants, who are intent on settling in Quebec after acquiring Canadian permanent residence, are encouraged to file their applications for a Quebec Certificate of Selection with the appropriate Quebec Delegation outside Canada. Once this undertaking is completed and approved, the appropriate Canadian visa office would review the appropriate applications for Canadian permanent residence.
Applicants destined to Quebec or who attempt landing in Quebec without prior approval from the Quebec authorities will likely experience difficulties at a Port Of Entry. This is a sensitive issue and must be addressed by experienced counsel.
A detailed review of the Quebec skilled workers program may be obtained from here.
All of the provinces have concluded agreements with the Canadian government under the Provincial Nominee program, which provide for the selection of a very limited number of foreign nationals destined to one of those provinces each year. Most provincial programs require employer sponsorship to support a nomination. Owing to the general requirement of employer sponsorship as well as the high volume of applications that are currently awaiting processing under most provincial program outside Quebec, applicants applying under a Provincial Nominee program are strongly encouraged to secure approved job offers, regardless of the point total received following a self-assessment, in order to increase their chances for approval under a provincial nominee program.
A detailed review of the Provincial nominee programs may be obtained here.
Citizens from the list of countries referenced in the Country List “A”, the following writing (Removal of U.S. Entry Visa Requirements for Certain Permanent Residents of Canada) are required to file an application with a U.S. consulate along with a non-refundable $100 filing fee. First time applicants with the exception of children under 16, adults over 60 and persons with diplomatic status, will likely be required to attend a personal interview. The visa once issued, will be valid for a period of five to ten years.
Landed immigrants in Canada holding passports from Country List “B” of the writing do not require visas to travel to the United States, because their countries of origin have reciprocal visa-waiver agreements with the U.S.
Canadian permanent residence does not confer any particular US immigration benefits. Canadian citizens may travel to the US without a visa, and may seek employment in one year increments under the North American Free Trade Agreement (NAFTA). NAFTA provides a list of eligible classes of employment most of which are executive, managerial, professional or scientific in nature. The US does not offer Canadians a fast track to permanent residence or employment outside of the NAFTA list.
Generally, one may apply for Canadian citizenship if one has maintained permanent residence in Canada three of the four years preceding the application.
Canadian and authorities in the United States have concluded a number of efforts to further expand upon cooperative strategies in the areas of shared intelligence gathering, administration of customs and revenue policies and joint procedures on security with government agencies in the United States in order to better secure our North American perimeters. Such initiatives also include information and electronic database sharing with law enforcement agencies between G8 member countries, including Canada.
However, Canadian immigration policies currently reflect a more strict approach to the selection and admission of foreign nationals for reasons that relate to the volume of applicants worldwide, who are interested in relocating to Canada and therefore which do not necessarily relate to the events of September 11, 2001.
There were 229,040 immigrants admitted to Canada under all categories in 2002, including approximately 138,000 Economic Class (Skilled Workers and Business Immigrants) comprising of applicants and their accompanying family dependants. In 2003, 221,355 immigrants were admitted to Canada including 121,050 Economic Class. In 2004 there were 235,824 admissions including 133,746 economic immigrants. Similar numbers were admitted in 2005.
The annual plan for 2009 includes up to 156,600 immigrants in the Economic Class; 71,000 in the family class; and 37,400 in the humanitarian class.
“We are all citizens of the world and the tragedy of our times is that we do not know this”. – Woodrow Wilson
Interested employers: Kindly contact us here to receive further information.