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[HOME][Click here to find out whether you qualify to work or live in Canada]

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The Canadian government is currently issuing permanent resident visas to qualified professionals and skilled persons under the "Independent" category, who possess a variety of attributes including education and employment experience which are compatible with occupations "open" to prospective immigrants to Canada.  There are a number of occupations within this category where an approved job offer from a prospective Canadian employer is not required.

Canada also admits immigrants under the Business Class, which comprises of four sub-categories including  Entrepreneur, Investor Self Employed and Family Business Offer Of Employment.

Should you wish to receive additional information regarding temporary entry to Canada or the acquisition of Canadian permanent residence under the "Independent" Category or Business Class, we invite you to review the accompanying overview ‑  FREQUENTLY ASKED QUESTIONS (FAQ's) - CANADIAN CITIZENSHIP & IMMIGRATION -  THE ACQUISITION OF CANADIAN PERMANENT RESIDENCE UNDER THE INDEPENDENT CATEGORY AND BUSINESS CLASS ".

Thereafter, forward to us by E‑mail a summary of your profile including, nationality; current place of residence and immigration status; age; marital status; number of accompanying dependent children; education; employment experience; business and/or managerial experience; language abilities in the English and French languages; personal net worth and presence of close relatives in Canada. 

Should you qualify for Canadian permanent residence under one of the aforenoted categories, we would be pleased to provide you with our assessment of your credentials at no charge.

Readers are also encouraged to browse our World Wide Web site which can be located at the URL:  http://www.immigration.ca/  Our "5-Star Law Information" site in conjunction with the CANADIAN CITIZENSHIP & IMMIGRATION RESOURCE CENTER (CCIRC) INC., provides references to a number of our publications in the field and provides additional sources of information regarding immigration to and settlement in Canada.

The following is a compilation of Frequently Asked Questions (FAQs) which prospective applicants most often raise.

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DISCLAIMER:

 This compilation of Frequently Asked Questions has been prepared by Colin R. Singer, Attorney At Law, for the intended reference by interested individuals and is not intended to create an attorney - client communication.   This compilation may be reproduced for the personal non-commercial use of interested individuals on the express or implied condition that the contents herein are neither edited, modified nor altered in whole or in part, directly or indirectly without the express written consent of the author herein.

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LAW OFFICES OF COLIN R. SINGER
Barrister & Solicitor
Canadian Legal Experts
Citizenship & Immigration Law

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FREQUENTLY ASKED QUESTIONS
CANADIAN CITIZENSHIP & IMMIGRATION 

A)   THE ACQUISITION OF CANADIAN PERMANENT RESIDENCE

(Skilled Worker, Business Class)  

1. What does Canadian permanent resident status confer?
2.Who qualifies for Canadian permanent residence?  
3.How are applications assessed under the independent category (skilled workers)?  
4.What are the main attributes of the May 1, 1997 regulatory amendment to the skilled worker program?
5.How are officers at missions abroad being advised to apply this modification?  
6.How long does it take to obtain a permanent resident visa?  
7.Who is included in the application for permanent residence?
8.Can elderly parents be included in the application?  
9.Where are applications submitted?  
10.Do the Canadian authorities levy processing fees to evaluate an application for permanent residence?  
11.Must the applicant travel to Canada as part of the immigration process?  
    (Not applicable for persons studying or working in Canada)  
12.Who must attend the selection interview?  
13.What about the interview process?  
14.What about interview waivers?  
15.What documents are submitted along with the application?  
16.Is full-time employment experience a necessary requirement under the Independent category?  
17.What if the intended occupation differs from past employment positions?  
18.Is there a requirement for the applicant to obtain a confirmed offer of employment in order to qualify
     for permanent residence under the Independent category?  
19.What if the intended occupation requires registration/licensing?  
20.Are assets/personal net worth determining factors in the selection process?  
21.Does it help to have a relative in Canada?  
22.Do prior visa applications to Canada or the United States hinder an application to Canada?  
23.What are the obligations of Entrepreneur applicants after landing in Canada?  
24.Must an individual reside in Canada in order to maintain permanent resident status?  
25.Can foreign nationals who have applied for Canadian permanent residence under the Independent
     category obtain a temporary non-immigrant visitor's visa to Canada?  
26.Can foreign nationals who have applied for Canadian permanent residence under the Independent 
     category concurrently apply for a temporary non-immigrant employment authorisation?  
27.Is it more advantageous to apply before or after an applicant has researched the Canadian labour market?  
28.What are the current prospects for employment in Canada?  
29.What are the general tax implications of acquiring Canadian permanent residence?  
30.What if a prospective applicant is destined to the Provinces of Newfoundland, Quebec, Manitoba, 
     Saskatchewan or British Columbia?  
31.How does permanent resident status assist the visa holder in temporarily entering the United States?  
32.What are the numbers of immigrants who were admitted to Canada in 1999?

B)    THE ACQUISITION OF CANADIAN CITIZENSHIP

33.What are the benefits of obtaining Canadian Citizenship?  
34.Who qualifies for Canadian citizenship?
35.Where are applications for Canadian Citizenship submitted?  
36.How is the citizenship process administered?  
37.Are prior periods of temporary sojourns in Canada, counted towards the acquisition of citizenship?  
38.Can periods of non-physical residence be counted towards the Citizenship residence requirements?
39.Is a Canadian Citizen entitled to become employed in the United States?  
40.What is the number of Canadian permanent residents who were granted Canadian citizenship in 1999?  
41.What are the benefits of engaging the services of an attorney who specialises in Canadian Citizenship 
     & Immigration law or Quebec immigration matters?  
42.Who consults this FAQ?

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A)   THE ACQUISITION OF CANADIAN PERMANENT RESIDENCE

(Skilled Worker, Business Class)

1. What does Canadian permanent resident status confer?

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.  

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2.Who qualifies for Canadian permanent residence?

The Independent category in its current format is "point oriented" and provides for the granting of permanent resident status to applicants who are assessed a total of 70 units under 9 factors of assessment.  Typically, individuals with an undergraduate, graduate or post graduate degree in engineering, mathematics, life sciences, computer science or business administration and who possess sufficient (1-3 years depending on the occupation) of related work experience, have the best chance to obtain permanent resident status under the Canadian Independent category.

The Entrepreneur category allows for qualified applicants to receive Canadian permanent residence on the basis of an investment plus active participation in a business or commercial venture in Canada.  A qualified applicant is generally one who intends and has the ability to establish, purchase, or make a substantial investment in a business or commercial venture in Canada that will make a significant contribution to the economy and whereby employment opportunities will be created or continued in Canada for one or more Canadian citizens or permanent residents, other than the entrepreneur and his dependants.

The notion of substantial investment is not defined in the Regulations and is therefore an issue, which gives rise to the use of discretion by an inland immigration officer during the mandatory reporting process.

The concept of ability relates to an applicant's past business or managerial track record, his efforts to become familiar with the Canadian business community, language skills, etc., and is likewise a highly discretionary issue left to the judgment of the interviewing visa officer.

To qualify under this category, an applicant must at a minimum, provide documentation evidencing an overall personal net worth in the area of $300,000 Can; and 2-3 years of business or upper managerial experience.

The Investor category allows for the acquisition of Canadian permanent residence on the basis of a five-year passive irrevocable investment in an approved Canadian company in the amount of $400,000.  Applicants can, depending on the program selected, receive a government guarantee securing the return of the investment, which provides for the return of capital plus interest.

Successful applicants must provide documented evidence of a proven and successful business track record, and have a personal net worth in excess of $800,000 Can which has been derived directly or indirectly from the management of a commercial enterprise.

Self Employed refers to an applicant who intends and has the ability to establish or purchase a business in Canada that will create an employment opportunity for himself and will make a significant contribution to the economy or the cultural or artistic life of Canada.

This would apply to self-employed consultants, independent sub contractors, artists, musicians, beauticians, etc.  Prospective applicants would be expected to demonstrate by way of documentation, a "track record" of 2-3 years, and possess a sufficient personal net worth that would vary depending on the type of business and intended destination in Canada.

The family business program is geared to expand the opportunities for family reunification.  It provides an opportunity for a Canadian resident to bring to Canada a member of his family when he can demonstrate that for reasons of trust it is more sensible to employ a family member than to use normal recruiting practices to locate an employee.  Generally, the business must have been in a viable operating position for a minimum period of one year unless the job offer is associated with an expansion of the established business.  As well, the prospective family member immigrant must have related work experience, aptitudes and sufficient abilities to perform the duties of the position in question.  

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3.How are applications assessed under the independent category (skilled workers)?

Applications are assessed on 9 Factors, with each factor being assigned a numerical value.  Successful applicants must receive a minimum of 70 units of assessment with at least one unit under the factor - Experience.  Schedule I of the Regulations enumerates the factors and allocates the maximum number of units as follows:

1) Education	16
2) Employment and Training Factor	18
3) Experience	8
4) Occupational Factor	10
5) Arranged Employment	10
6) Demographic Factor	10
7) Age	10
8) Language	15
9) Personal Suitability	10
Maximum Score	107

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4.What are the main attributes of the May 1, 1997 regulatory amendment to the skilled worker program?

On May 1, 1997 statutory instrument SOR/DORS97-270-01 - Regulations Amending the Immigration Regulations, 1978, was promulgated into force.  This regulatory modification (the “modification”), abolished the Canadian Classification and Dictionary of Occupations (CCDO) and replaced this outdated tool with the National Occupational Classification (NOC) as a system used to categorize occupations in Canada.

In summary, the modification:

Introduces the NOC, the Career Handbook and other component publications, as published by the Minister of Human Resources Development.  The NOC classification system comprehensively evaluates skill groupings and occupations.  It replaces the CCDO as the method used to categorize occupations for assessment and selection under Schedule I of the Regulations.

Replaces the Specific Vocational Preparation (SVP) factor with Education and Training Factor (ETF).  This factor evaluates the skill requirement for an occupation on the basis of the education and training needed to perform the occupation in question.

The ETF provides for the allocation of 1-18 units of assessment based on the education and professional, vocational, apprenticeship, in-plant, or on-the-job training necessary to acquire the information, techniques and skills for the occupation in which the application is assessed under the Occupation Factor.

Of critical importance to the assessment is the introduction of the Educational and Training Indicator (ETI) contained within the provisions of the NOC.  ETI forms the basis of calculating the ETF.  Occupations in the NOC are allocated a numerical ETI rating from 1 to 8.  The ETF then allocates 1, 2, 5, 7, 17 or 18 units of assessment for each corresponding ETI.  The modification provides that where an occupation has more than one ETI rating, the lowest shall be used to calculate the ETF.  This principle according to the Department recognizes that applicants may have separate but converging training paths for equivalent qualifications in a given occupation.  Therefore the lowest acceptable ETI for acquiring the necessary skills to practice the occupation, must according to the Department, be the basis for assessment.

Modifies the Experience Factor.  A new method of calculation permits the allocation of up to eight units of assessment, depending on the number of units awarded under the ETF and the actual number of years of employment.

Replaces Occupation Demand with Occupation Factor.  Units of assessment are now allocated to applicants who intend to pursue occupations listed on the General Open Occupations List (GOL).  The new Occupation Factor provides that the applicant must be qualified and have performed a substantial number of the main duties as described in the NOC.  The Minister of Citizenship and Immigration shall determine the employment opportunities after consultation with the Human Resources Development Canada, provincial governments and any other relevant organizations and institutions.

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5.How are officers at missions abroad being advised to apply this modification?

Operations Memorandum entitled “Transition from CCDO to NOC” provides the Department’s recommendation as to how officers are requested to interpret the modification.

Officers using the NOC as an assessment tool must be satisfied that the prospective immigrant has performed a substantive number of the relevant duties outlined under the Main Duties heading of the four digit NOC and meets the employment requirements listed in the Career Handbook.

In making assessments, officers are being reminded that substantive should not be interpreted quantitatively, but rather qualitatively. The NOC employs a holistic approach to occupations, not to specific jobs; employers in Canada retain the right to determine which specific qualifications are required of specific positions offered. Assessing officers must be satisfied that applicants possess the appropriate qualifications, which would allow them to successfully integrate into the labor market and to perform the main duties in their intended occupation in Canada.

Factor 4 of the amended Regulation states that the applicant must have completed those duties, which are essential to perform the occupation in Canada.  For example, should an applicant demonstrate that he/she has completed a certain number of the main duties listed in the NOC, but fail to meet what are commonly considered as the essential duties for that occupation, the occupation should be downgraded as the applicant would not likely be able to successfully integrate into the labor market in that occupation in Canada.

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6.How long does it take to obtain a permanent resident visa?

Depending upon the time of year, the visa office in question and other factors, the processing time for an application for permanent residence filed under the independent category can vary from between 4 months and 30 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.

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7.Who is included in the application for permanent residence?

 The application for permanent residence generally includes the applicant, spouse and any unmarried children under the age of 19 years.  Children over the age of 19, can in certain instances, be included as accompanying dependants.

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8.Can elderly parents be included in the application?

Generally, parents are not included as accompanying dependants of the main applicant.  Parents can be sponsored after the applicant becomes a Canadian landed permanent resident. In exceptional cases, an elderly parent can be included as an accompanying dependant pursuant to the "Last Surviving Member" policy.  

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9.Where are applications submitted?

Applications for Canadian permanent residence must be filed with an appropriate visa office outside of Canada.  The effective selection of the processing visa office can greatly reduce the overall processing time, which varies, from post to post.

In some regions skilled worker applications are processed by Area/Regional Processing Centres.  This concept designates certain missions abroad as area centres, responsible for the processing of skilled worker applications within a geographic territory.  Applicants within a specified territory are encouraged although not required, to file applications for permanent residence with a designated Regional Processing Centre.  Again, the effective selection of the visa office, which may be outside the designated area processing centre, can greatly reduce the overall processing time of the application.

For business applications, the Department has also implemented the use of Business Immigrant Coordination Centres that are designed to offer a specialized service staffed with officers knowledgeable in the procedures that are particular to the business immigration program and the area from where the applicant resides.

Business applicants are required to submit their applications with one of the nine which include the visa offices in the following locations: Beijing, Damascus, Hong Kong, Berlin, London, Paris, Seoul and Singapore and Buffalo.

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10.Do the Canadian authorities levy processing fees to evaluate an application for permanent residence?

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 $500 CAD for each adult. As well, a Right Of Landing Fee of $975 CAD is levied for each person who is at least 19 years of age applying for permanent residence.

Processing fees must be filed with the applications.  Right Of Landing fees must be filed prior to visa issuance.  Applicants are encouraged to verify with local missions for applicable post specific payment procedures.

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11.Must the applicant travel to Canada as part of the immigration process?  (Not applicable for persons studying or working in Canada)

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.

Entrepreneurs are being encouraged to undertake exploratory visits to Canada and participate in information sessions sponsored by the provinces.  Such efforts relate to an indication of an applicant's ability to meet the universal terms and conditions of admission.

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12.Who must attend the selection interview?

The applicant and spouse (where applicable), will generally be required to travel to the processing visa office and attend the selection interview.  In some 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 19 years attend the immigration selection interview.  The selection of the processing visa office is therefore one factor in determining who must attend the selection interview.  

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13.What about the interview process?

Under the Independent and Self-Employed categories applicants who "on paper" are assessed a minimum of 60 units of assessment, are either interviewed or interview waived.

Generally, an interview would be scheduled to determine inter alia, whether an applicant will demonstrate favourable personal qualities including motivation, initiative, resourcefulness etc., which are the criteria used to assess personal suitability.  The interview may likewise be conducted to ensure the accuracy of the information contained in the documentation submitted; 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 in an "open" occupation (rather than take on a student status); to verify whether there are sufficient grounds to exercise positive discretion; etc.

Under the Business Class (Entrepreneur and Investor), 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.

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14.What about interview waivers?

Certain Visa Offices engage in the practice of waiving interviews. This is a highly discretionary aspect of the Regulations and is largely a function of the visa office in question, the residence of the applicant and the qualifications of a particular applicant.  

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15.What documents are submitted along with the application?

Applications filed under the Independent category generally include documents pertaining to the applicant's education and employment experience.  Business Class cases must be supported by documentation, which corroborates an applicant’s business/managerial, experience.  During the process, applicants are required to submit statutory documents such as birth certificates, marriage certificates and certificates of non-criminal conviction from each place of residence where an applicant has permanently resided for more than 6 months since age 16 years.

Certain visa offices are currently following a "one-step" operating procedure.  This entails the perfecting of the permanent residence application at the initial stages, with the filing of certain requisite documentation at the time of application submission.

Therefore, the timing of the production of supporting documentation will vary from post to post.  

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16.Is full-time employment experience a necessary requirement under the Independent category?

In most instances, at least one year of full-time employment experience related to the applicant's intended occupation in Canada, is a necessary preliminary requisite to qualifying for permanent resident status.  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.

This aspect of an applicant's profile gives rise to the use of discretion by the visa office and accordingly, should be addressed in an appropriate manner, on a case by case basis.  

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17.What if the intended occupation differs from past employment positions?

With exception, zero units of assessment under the experience factor precludes further processing of the application.  However, where the various components of an applicant's employment profile are compatible with the job description of an "open" occupation, current guidelines provide in certain cases for the recognition and transferability of the related experience.

Interviewing visa officers currently apply a policy consistent with recent changes in judicial interpretation which address the issue of whether or not an applicant meets the employment requirements of their intended occupation as set out in the National Occupational Classification (NOC).

The number of units of assessment awarded under the experience factor will depend upon reasoned presentations on the part of the applicant which demonstrate the applicant meets the requirements of NOC and would ultimately be left to the discretion of the interviewing visa officer.

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18.Is there a requirement for the applicant to obtain a confirmed offer of employment in order to qualify for permanent residence under the Independent category?

The Canadian Citizenship & Immigration authorities do not impose a requirement for applicants to secure a confirmed offer of employment.  In essence, current Canadian immigration policy provides that if an applicant meets the skilled worker selection criteria, he/she is likely to become successfully established in Canada.  However, "arranged employment", (confirmed by a Human Resources Development Centre) will provide a prospective applicant with an additional 10 units of assessment and in some cases, is an important aspect of the selection process.

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19.What if the intended occupation requires registration/licensing?

There are a number of occupations requiring registration and/or licensing and where special immigration procedures apply.  The typical occupations include:

ENGINEERS - Applicants are encouraged to have their education and employment experience favourably assessed by the Canadian Council of Professional Engineers (CCPE).  Applications for permanent residence would include an assessment form (IMM 1338) with a non-refundable service fee of $175 payable to the Council.  The visa office will forward the request to the Council for assessment.

The applicant may directly forward to the Council, the request for assessment.

ENGINEERING TECHNOLOGISTS and TECHNICIANS - Applicants are encouraged to have their education and employment experience favourably assessed by the Canadian Council of Technicians and Technologists (CCTT).  Applications for permanent residence would include an assessment form (IMM 1338) with a service fee of $175 payable to the Council.  The visa office will forward the request to the Council for assessment.

OCCUPATIONAL THERAPISTS - Applicants are encouraged to have their education and employment experience favourably assessed by the Canadian Association of Occupational Therapists.  Applications for permanent residence would include an assessment form (IMM 5206) with a service fee of $100 payable to the Association.  The visa office will forward the request for assessment.

Applicants, who are favourably assessed by the applicable professional entity, may likely be admissible for immigration purposes.  However such individuals, once landed will still be obliged to obtain the proper provincial licensing credentials in order to practice in the desired profession/occupation.  

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20.Are assets/personal net worth determining factors in the selection process?

Under the Independent category, personal net worth is not a selection criterion under which an applicant is assessed.  However, assets can impact positively upon an applicant's assessment under the factor "Personal Suitability".

All applicants must however provide evidence of sufficient funds for the family to travel and settle in Canada.  Generally, a sum ranging between $8,000 - $20,000 CAN would be deemed sufficient depending upon the size of the conjugal family and the area of intended destination.  Such evidence would be furnished immediately prior to visa issuance.  For additional insight into this area, kindly refer to our publication "SETTLEMENT FUNDS".

Under the Business Class, the asset profile is a regulatory criterion under the Investor category.  For entrepreneurs, although the Regulations do not provide for a specified personal net worth, visa officers take this criterion into consideration when evaluating an applicant's intention and abilities.  

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21.Does it help to have a relative in Canada?

Having a close relative in Canada such as mother, father, son, daughter, brother, sister, uncle, aunt or grandfather, grandmother provides an applicant with additional units of assessment under the selection process.  

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22.Do prior visa applications to Canada or the United States hinder an application to Canada?

This is another area, which is quite sensitive and should be addressed appropriately.  

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23.What are the obligations of Entrepreneur applicants after landing in Canada?

Applicants and all their accompanying dependants are landed with mandatory (universal) "terms & conditions" requiring that the main applicant inter alia, establishes or invests into and remains active in a business or commercial venture in Canada.  The business must create or maintain employment opportunities for at least one Canadian permanent resident other than the applicant and his family.

There is a monitoring process which requires landed entrepreneurs to report to an inland Canada immigration centre every six (6) months until the inland immigration officer is satisfied that the investment complies with the regulations.

Failure to comply with the universal terms and conditions can lead to an inquiry, which may result in the deportation of the applicant and his landed dependants.  

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24.Must an individual reside in Canada in order to maintain permanent resident status?

Current legislation discourages a Canadian permanent resident from remaining outside of Canada for more than six months in any twelve-month period.  Where prolonged absences are required, a Returning Resident Permit may be obtained from the Canadian authorities which would allow for continuous absences of up to two years while permanent resident status is preserved.  For example, individuals who wish to complete their studies or honour the terms and conditions of an existing employment contract may qualify for such a permit.  This is a highly discretionary area of the regulations. For additional information on this topic, kindly refer to our publications:  "RETURNING RESIDENT PERMIT - A FALSE SENSE OF SECURITY" and the CANADIAN RETURNING RESIDENT PERMIT - FAQ.

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25.Can foreign nationals who have applied for Canadian permanent residence under the Independent category obtain a temporary non-immigrant visitor's visa to Canada?

Traditionally, visa officers have viewed concurrent applications for permanent residence and temporary entry as being incompatible with each other.  Visitor’s (work, study or visit) with pending immigrant applications will be subject to the issue of Dual Intent which in itself has been the subject of ongoing debate within the department of Citizenship and Immigration as well as the judicial community including the Federal Court of Appeal.  Recent clarifications which attempt to conform to a global view of the world community, provide that immigration officer’s 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.

Under current immigration policy, applicants are encouraged to become familiar with Canada's landscape which assumed will augment the applicant's likelihood of successfully integrating into Canadian society.  Applicant's are discouraged however from "waiting" inside Canada during the permanent residence application process.  Accordingly, applicants who wish to procure temporary entry into Canada and who have pending, an 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.  

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26.Can foreign nationals who have applied for Canadian permanent residence under the Independent category concurrently apply for a temporary non-immigrant employment authorization?

The issues raised above should be reiterated here as well.  In addition, applicants who wish to procure a temporary authorization visa must generally initiate the process to obtain an employment authorization 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 not adversely affect the local labour market that the application would be forwarded to the appropriate visa office outside Canada for immigration assessment and processing.  This is known as "employment validation".  As the processing time at the employment validation stage can entail a delay of up to six months, it would not be advantageous in many cases, for the applicant to apply for a temporary authorization visa during the processing of an application for permanent residence.

Certain programs exist however, which exempt an applicant from obtaining employment validation as a condition of obtaining an employment authorization. Under such programs, applications for employment authorization may be issued while applications for permanent residence are under process.  

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27.Is it more advantageous to apply before or after an applicant has researched the Canadian labour market?

The Canadian immigration authorities to reflect Canada’s changing labour market requirements are continuously revising the various occupations, which are open to prospective immigrants to Canada. Moreover, it is common knowledge that the Government of Canada is presently reviewing numerous proposals for possible amendments to Canada's Citizenship & Citizenship legislation.  Accordingly, 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 ensure the preservation of their qualifications.  It is the date of submission of the application, which generally determines which regulatory selection criteria, will be applied.

As well, since the processing of either a permanent resident or an employment authorization visa generally takes months to complete, Canadian employers prefer to consider the candidacy of applicants who possess the appropriate legal status to become permanently employed in Canada.  This increases the marketability of a potential applicant for the prospective Canadian employer.  

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28.What are the current prospects for employment in Canada?

The Canadian High Technology, Engineering and Finance sectors and firms therein are now recruiting qualified individuals who are lawfully permitted to take up employment in Canada on a permanent basis.  Many of these firms are currently advertising available positions in Canada's leading newspapers, trade journals and or through the Internet.  

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29.What are the general tax implications of acquiring Canadian permanent residence?

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.  However, the tax legislation allows for newly arriving permanent residents to establish an offshore trust into which may flow all of the non-Canadian sourced income, except employment income.  The trust avails for a maximum period of five years and it is therefore possible to become a Canadian citizen and a non-resident within the life span of the trust.  

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30.What if a prospective applicant is destined to the Provinces of Newfoundland, Quebec, Manitoba, Saskatchewan or British Columbia?

Pursuant to the provisions of the Quebec/Canada Accord, the Canadian Immigration 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 still 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.

Applicants destined to Quebec may wish to refer to our publication "QUEBEC IMMIGRATION - FAQ".

The Provinces of Newfoundland, Manitoba, Saskatchewan and British Columbia have also concluded agreements with the Canadian government under the Provincial Nominee Program which provide for the limited selection of foreign nationals destined to one of those provinces.  Readers may wish to browse our related writings on these topics.

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31.How does permanent resident status assist the visa holder in temporarily entering the United States?

Canadian permanent residents holding citizenship from the following countries, are exempted from obtaining entry visas for temporary visits to the United States:

Antigua, Australia, Bahamas, Bangladesh, Barbados, Belize, Bermuda British subjects), Botswana, Brunei, Cyprus, Dominica, Fiji, Gambia, Ghana, Grenada, Guyana, India, Ireland, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, St. Kitts and Nevis, St. Lucia, St. Vincent, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom (including its colonies, territories and dependencies such as Hong Kong), Vanuatu, Western Samoa, Zambia, Zimbabwe.

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32.What are the numbers of immigrants who were admitted to Canada in 1999?

There were 189,816 immigrants admitted to Canada under all categories, including 105,404 Skilled Workers and Business Immigrants (comprising of applicants and their accompanying family dependants).

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B)    THE ACQUISITION OF CANADIAN CITIZENSHIP

33.What are the benefits of obtaining Canadian Citizenship?

Citizenship legally obtained, is a lifetime status and permits the issuance of a Canadian passport.

Unlike permanent resident status, the status afforded by Canadian citizenship, legally obtained, is not affected by the principle of "use it or lose it".  

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34.Who qualifies for Canadian citizenship?

As a general rule, individuals with three years of permanent resident status during the preceding four years can qualify for Canadian citizenship.  

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35.Where are applications for Canadian Citizenship submitted?

Applications are submitted at the local citizenship office in the area of an applicant's residence.  Applications may likewise be submitted directly to the citizenship office in Sydney, Nova Scotia.  

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36.How is the citizenship process administered?

Applications submitted through a local citizenship office are pre screened to ensure that the three-year residence rule has been met. Applicants are thereafter scheduled for an informal interview with a citizenship officer to review the merits of the submissions in support of the application.

Within about 12 - 15 months from submission, applicants may be required to appear before a Citizenship Judge to provide evidence of their knowledge of one of Canada’s Official languages as well as an understanding of the overall Canadian political structure.  

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37.Are prior periods of temporary sojourns in Canada, counted towards the acquisition of citizenship?

Applicants admitted to Canada on temporary status can receive credit for one-half day to a maximum of one year, for each day of such temporary status in Canada.  

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38.Can periods of non-physical residence be counted towards the Citizenship residence requirements?

Generally, actual physical residence is required.  However in a number of instances, non-physical residence has been acceptable. The issue of physical and non-physical residence has given rise to substantial litigation and accordingly merits further consideration by prospective applicants.

For a more thorough discussion on this issue, kindly refer to our publication - "CANADIAN CITIZENSHIP AND THE THREE YEAR RESIDENCE REQUIREMENT".    

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39.Is a Canadian Citizen entitled to become employed in the United States?

Under the provisions of the North American Free Trade Agreement, Citizens of Canada, who fall within a particular professional designation, can qualify for a US non-immigrant employment visa. This type of visa can be issued at a border INS office without the need to obtain prior approval from the local Department of Labour authorities.  As well this type of one-year renewable visa can ultimately lead to US Green Card status.  

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40.What is the number of Canadian permanent residents who were granted Canadian citizenship in 1999?

There were approximately 200,000 permanent residents who were granted Canadian citizenship in 1999.  

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41.What are the benefits of engaging the services of an attorney who specializes in Canadian Citizenship & Immigration law or Quebec immigration matters?

The Canadian and Quebec Immigration laws and regulations provide for the extensive use of discretionary authority by immigration officers.  Such discretion must be exercised in precise and well-defined limits.

There are a number of issues which are more complex than the average applicant (and in many cases, Canadian visa officers, general consultants, etc) fully understand and which merit the participation of reputable Canadian legal counsel in the process of planning for and acquiring Canadian permanent resident status.  These issues are the subject of volumes of reported case law and Immigration Board decisions and are referred to in part, in Government of Canada procedures manuals, Government Operations Memorandums, and the like and provide for the full-time employment of a number of persons in the public sector within the Department of Citizenship & Immigration Canada.

An attorney specializing in this field will be able to ensure the filing and perfecting of applications in the appropriate manner. As well, effective counsel will be able to recognize the presence of irregularities in the use of discretionary authority, the misapplication of immigration directives and guidelines, the misapplication of regulatory definitions and the committing of fundamental breaches in the legal duty to act fairly during the assessment process and, intervene with the visa office on an ongoing basis where required.  An experienced and competent attorney will ensure that irregularities are raised within the proper delays, and that the issues in question can be properly addressed before the appropriate authorities.

In practical terms, a reputable attorney will effectively prepare submissions, which satisfactorily address the issues where discretion is a factor.  A reputable attorney will effectively present to the visa office instances of irregularities in the assessment process which most often will be corrected, thus avoiding the need to avail the use of the judicial system.

Lastly, Canadian Visa Offices, pursuant to the Privacy Act and its attendant regulations, are strictly prohibited from divulging to third party representatives, any information regarding the processing of an application unless such persons retain either Canadian Citizenship or Canadian permanent resident status.