Canadian Immigration

Immigration Categories

Federal skilled workers & Professional

• Overview of Changes
• Education
• English and French Ability
• Work Experience
• Age
• Arranged Employment
• Adaptability

Points requirement goes down to 67 points!

Overview of Changes

Federal Immigration Minister Jason Kenny has announced new rules and professions for the eligibility for Canadian Immigration in the Federal skilled worker category. Though there will be fewer professions, the qualified professionals will be able to immigrate quicker and join the Canadian work force.

The first such change was introduced in February 2008, with the onset of the Bill C50. Under these changes FSW applicants will be assessed based on certain criteria. These criteria are not applicable for applicants intending to live in the Province of Quebec or applications received before June 26th 2010.
As part of the changes, the number of occupations eligible for the federal skilled worker program has also been reduced from 38 to 29.

Due to an oversupply in the job market, 20 of the original 38 job categories have been removed, including managers in finances, computer and information systems, health care and construction, as well as university professors and college and vocational instructors. They are being replaced with 11 new occupations: social workers, psychologists, dental hygienists and therapists, pharmacists, dentists, architects, biologists and related scientists, insurance adjusters and claims examiners, primary industry production managers (except those in agriculture) and professions in business services and management.

The immigration department will also limit the number of applications in each occupation to no more than 1,000; the applications will be processed on a first-come-first-served basis. These instructions and restrictions are effective until June 30, 2011. This limit does not apply for applicants having an Arranged employment opinion.

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Education - maximum 25 points

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English and French language ability - maximum 24

If you are fluent in both official languages English and French you will be awarded 24 points. If not, you must firstly decide which language you are more fluent in. This will be your "first official language". You can gain up to 16 points for the first official language, and up to 8 points for the second official language. Your points score will be based on your ability to read, write, listen to, and speak English and French. The definition and table are below:

Calculating your language points:

Total points achieved for speak + listen + read + write for both languages.

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Work experience - maximum 21 points

At the time of applying under the new occupation list one must also submit the results of the official language proficiency test for English and/or French and either

• Have an arranged employment opinion from HRSDC OR
• Have continuous paid fulltime or equivalent part time of one year of work experience in the past ten years in one of the Preferred 29 occupations listed below:

1. Restaurant and Food Service Managers
2. Primary Production Managers (Except Agriculture)
3. Professional Occupations in Business Services to Management
4. Insurance Adjusters and Claims Examiners
5. Biologists and Related Scientists
6. Architects
7. Specialist Physicians
8. General Practitioners and Family Physicians
9. Dentists
10. Pharmacists
11. Physiotherapists
12. Registered Nurses
13. Medical Radiation Technologists
14. Dental Hygienists & Dental Therapists
15. Licensed Practical Nurses
16. Psychologists
17. Social Workers
18. Chefs
19. Cooks
20. Contractors and Supervisors, Carpentry Trades
21. Contractors and Supervisors, Mechanic Trades
22. Electricians (Except Industrial & Power System)
23. Industrial Electricians
24. Plumbers
25. Welders & Related Machine Operators
26. Heavy-Duty Equipment Mechanics
27. Crane Operators
28. Drillers & Blasters - Surface Mining, Quarrying & Construction
29. Supervisors, Oil and Gas Drilling and Service

Once you have confirmed that you meet the above requirements, you can now estimate your points score. You are granted 15 points for one year of work experience and two points for each further year up to a maximum of 21 points.

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Age - maximum 10 points

Your points score is calculated based on your age on submission of the application:

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Arranged employment (maximum 10 points)

You will gain 10 points if you have a job offer approved by Human Resources Development Canada (HRDC) as a job where it will be difficult to find someone to fill the vacancy from the resident labour market. You must be able to do the job, and meet the educational and, where relevant, licensing and regulatory requirements for the job.

You should note that it is the employer who applies to HRDC and not yourself. You may also gain the ten points in some circumstances if you are already in employment in Canada.

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Adaptability (maximum 10 points)

You can receive a maximum of 10 points based on any combination of the elements listed below:

You will either need to show the following levels of funds to come under the skilled worker category or have "arranged employment".

Note: The amounts listed in this table are valid for January 1st to December 31st, 2010.

You do not have to show that you have these funds if you have arranged employment in Canada.

Please note that to be able to successfully immigrate to Canada you will have to show that you are in good health and do not have any criminal convictions.

You can add up your points score below:

You will need to gain sixty-seven points under the new selection criteria.

* Click here for skilled worker assessment

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Canadian Experience Class

You must meet certain requirements to apply under this class:

You must:

• plan to live outside the province of Quebec
• be either:
• a temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience in Canada, or
• a foreign graduate from a Canadian post-secondary institution with at least one year of full-time (or equivalent) skilled work experience * in Canada
• have gained your experience in Canada with the proper work or study authorization
• apply while working in Canada – or – within one year of leaving your job in Canada

*According to the Canadian National Occupational Classification (NOC), skilled work experience means:

• Skill Type 0 (managerial occupations) or
• Skill Level A (professional occupations) or
• Skill Level B (technical occupations and skilled trades)

Your eligibility factor will depend on two requirements if you apply as a temporary foreign worker:

• your work experience and
• your ability in English or French.

If you apply as a graduate of a Canadian post-secondary educational institution with Canadian work experience, it will be assessed using the above requirements, as well as:

• your education.

To find out your eligibility contact us.

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Investors, Entrepreneurs & Self Employed persons

Investors
As an investor, you must make a prescribed investment of CDN $400,000. This investment is placed with the Receiver General of Canada.

Participating provinces then use your investment to create jobs and help their economies grow. Citizenship and Immigration Canada (CIC) will return your investment to you, without interest, in approximately five years after you become a permanent resident.

You may finance your investment. CIC has agreements with a number of financial institutions, all of which are members of the Canadian Deposit Insurance corporation ( CDIC) to facilitate the financing of your investments.

Investor — Regulatory Requirements

“ Investor” means a foreign national who
a. has business experience;
b. has a legally obtained net worth of at least CDN $800,000; and
c. indicates in writing to an officer that they intend to make or have made an investment.

“ Business experience”, in respect of an investor, means

i. the management of a qualifying business and the control of a percentage of equity of the qualifying business for at least two years in the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, or
ii. the management of at least five full-time job equivalents per year in a business for at least two years in the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application.

“ Full-time job equivalent” means 1,950 hours of paid employment.

“ Net assets”, in respect of a qualifying business or a qualifying Canadian business, means the assets of the business, minus the liabilities of the business, plus shareholder loans made to the business by a foreign national and their spouse or common-law partner.

“ Net income”, in respect of a qualifying business or a qualifying Canadian business means the after tax profit or loss of the business plus remuneration by the business to a foreign national and their spouse or common-law partner.

“ Net worth”, in respect of an investor, means
the fair market value of all of the assets of the investor and their spouse or common-law partner minus the fair market value of all of their liabilities.

“ Percentage of equity” means

a. in respect of a sole proprietorship, 100 per cent of the equity of the sole proprietorship controlled by a foreign national or their spouse or common-law partner;

b. in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and

c. in respect of a partnership or joint venture, the percentage of the profit or loss of the partnership or joint venture to which the foreign national or their spouse or common-law partner is entitled.

“ Qualifying business” means a business — other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains — for which, in each of any two years in the period beginning five years before the date of application for a permanent resident visa and ending on the date a determination is made in respect of the application, there is documentary evidence of any two of the following:

a. that the percentage of equity multiplied by the number of full time job equivalents is equal to or greater than two full-time job equivalents per year;

b. that the percentage of equity multiplied by the total annual sales is equal to or greater than CDN $500,000;

c. that the percentage of equity multiplied by the net income in the year is equal to or greater than CDN $50,000; and

d. that the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than CDN $125,000.

Immigrating to Canada as an Entrepreneur

To qualify as an entrepreneur, you must have business experience. This means that you must have managed and controlled a percent of equity of a qualifying business. Entrepreneurs must have a legally obtained net worth of at least CDN $300,000.

When you immigrate to Canada as an entrepreneur, you must have the intention and the ability to control a percentage of equity of a qualifying Canadian business. You must provide active and ongoing management of the qualifying Canadian business. Your business must create at least one new full-time job for a Canadian citizen or permanent resident. You must meet these requirements within three years of becoming a permanent resident.

Before your immigrant visa is issued, you are required to sign a statement that you intend and will be able to meet the conditions of permanent residence.

Entrepreneur — Regulatory Requirements

“ Entrepreneur” means a foreign national who
a. has business experience;
b. has a legally obtained minimum net worth; and
c. provides a written statement to an officer that they intend to and will be able to meet the conditions referred to in subsections 98(1) to (5).

Conditions

98.

(1) An entrepreneur who becomes a permanent resident must meet the following conditions:

a. the entrepreneur must control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 per cent;

b. the entrepreneur must provide active and ongoing management of the qualifying Canadian business; and

c. the entrepreneur must create at least one incremental full-time job equivalent for Canadian citizens or permanent residents, other than the entrepreneur and their family members.

(3) The entrepreneur must meet the conditions for a period of at least one year within the period of three years after the day on which the entrepreneur becomes a permanent resident.

(4) An entrepreneur who becomes a permanent resident must provide to an officer evidence of compliance with the conditions within the period of three years after the day on which the entrepreneur becomes a permanent resident.

(5) An entrepreneur must provide to an officer

a. not later than six months after the day on which the entrepreneur becomes a permanent resident, their residential address and telephone number; and

b. during the period beginning 18 months after and ending 24 months after the day on which the entrepreneur becomes a permanent resident, evidence of their efforts to comply with the conditions.
“ Business experience”, in respect of an entrepreneur, means the management of a qualifying business and the control of a percentage of equity of the qualifying business for at least two years in the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application.

“ Full-time job equivalent” means 1,950 hours of paid employment.

“ Minimum net worth” means

a. in respect of an entrepreneur, CDN $300,000; and

b. in respect of an entrepreneur selected by a province, the minimum net worth required by the laws of the province.

“ Net assets”, in respect of a qualifying business or a qualifying Canadian business, means the assets of the business, minus the liabilities of the business, plus shareholder loans made to the business by a foreign national and their spouse or common-law partner.

“ Net income”, in respect of a qualifying business or a qualifying Canadian business means, the after tax profit or loss of the business plus remuneration by the business to a foreign national and their spouse or common-law partner.
“ Net worth”, in respect of an entrepreneur, means the fair market value of all of the assets of the entrepreneur and their spouse or common-law partner minus the fair market value of all of their liabilities.

“ Percentage of equity” means

a. in respect of a sole proprietorship, 100 per cent of the equity of the sole proprietorship controlled by a foreign national or their spouse or common-law partner;

b. in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and

c. in respect of a partnership or joint venture, the percentage of the profit or loss of the partnership or joint venture to which a foreign national or their spouse or common-law partner is entitled.

“ Qualifying business” means a business – other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains – for which, in each of any two years in the period beginning five years before the date of application for a permanent resident visa and ending on the date a determination is made in respect of the application, there is documentary evidence of any two of the following:

a. that the percentage of equity multiplied by the number of full time job equivalents is equal to or greater than 2 full-time job equivalents per year;

b. that the percentage of equity multiplied by the total annual sales is equal to or greater than $500,000 CDN;

c. that the percentage of equity multiplied by the next income in the year is equal to or greater than $50,000 CDN; and

d. that the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000 CDN.
“ Qualifying Canadian business” means a business operated in Canada by an entrepreneur – other than a business primarily for the purpose of deriving investment income, such as interest, dividends or capital gains – for which there is in any year within the period of three years after the day the entrepreneur becomes a permanent resident documentary evidence of any two of the following:

a. the percentage of equity multiplied by the number of full time job equivalents is equal to or greater than two full-time job equivalents per year;

b. the percentage of equity multiplied by the total annual sales is equal to or greater than CDN $250,000;

c. the percentage of equity multiplied by the net income in the year is equal to or greater than CDN $25,000; and

d. the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than CDN $125,000

Immigrating to Canada as a Self-employed Person

As a self-employed person, you must have relevant experience in cultural activities, athletics or farm management. You must also have the intention and ability to establish a business that will, at a minimum, create employment for yourself. You must make a significant contribution to cultural activities or athletics or purchase and manage a farm in Canada.

No immigration conditions are imposed on this class. You must have enough money to support yourself and your family members after you arrive in Canada.

Self-employed Persons — Regulatory Requirements

“ Self-employed person” means a foreign national who has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada.

“ Relevant experience” in respect of a self-employed person, means at least two years in the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, in the following types of experience:

i. Self-employment in cultural activities or in athletics, and
ii. Participation at a world-class level in cultural activities or athletics, or
iii. Farm management experience.
“ Specified economic activities” in respect of a self-employed person, means cultural activities, athletics or the purchase and management of a farm.

* Click here for fast track investor visa to Canada

1. Quebec investor immigration program as of Feb 2nd, 2009

1.1 New Regulation:
Under the new Regulation, effective February 2nd, there will be 9 essential documents:
1. Application for a selection certificate (ASC);
2. The duly signed Investment Agreement;
3. The duly signed Declaration from the Financial Intermediary
4. Power of attorney;
5. Government processing fees;
6. Narrative document;
7. Proof of family ties;
8. Passports;
9. Principal applicant’s education diploma, if applicable.
Please note that the MICC has not yet made the new forms available, including the new checklist. The MICC indicated that these forms will be posted on their web site by February 2nd.

Additional highlights include:

- Management Experience:
i. Any candidate that satisfies the criteria of management experience receives 10 points automatically on the selection grid;

ii. The general caliber of management experience is relaxed and the notion of
authority is introduced. That is, a candidate may be mandated by his employer to exercise his functions of planning, developing, controlling, etc. Therefore, a first-level manager may satisfy the management criteria.

 iii. The professional candidate must have the equivalent of 2 full-time positions (at least 30 hours/week each) in addition to himself. Therefore, 2 employees working 15 hours/week is the equivalent to 1 full-time employee. However, an employee who works 60 hours/week is still considered 1 employee and not the equivalent of 2 full-time employees. Moreover, the professional candidate must be registered with the professional order in his country.

- Net Worth:
iv. Spouse’s net assets – Although the definition of the net worth now includes, in its calculation, the net assets of the spouse, the total amount cannot be obtained from the spouse only. In fact, although the Regulation does not clearly define what percentage from each the candidate and the spouse is eligible, the MICC extends that the candidate should have obtained the majority of the net assets. Moreover, if the candidate requires a portion of the net assets of the spouse to qualify, the spouse will have to declare all his/her net assets in the application.

v. Donations – Have to have been received at least 6 months prior to the date the application was filed. The lawful origin of the funds and the capacity of the donor to make such a donation will be expected to be proven. Expect many questions and verifications if this amount is important in the history of acquisition of funds.

vi. Inheritances – Could have been received any time prior to submitting an
application, but must have been received according to the legal dispositions of the country where the transaction was made. If this cannot be demonstrated, the sums received will be considered a donation.

To find out your eligibility contact us.

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Provincial nominees

Most of the provinces and territories have an agreement with the Federal Government and have different nominee programs to attract the skills, education and work experience needed to make an immediate economic contribution to the province or territory that nominates them. In order to be eligible under this program the applicants must be nominated by a Canadian province or territory.

Every province or territory which has this program have their own criteria for nomination and can change without notice. Consult us before submitting your application.Provincial nominees are not assessed under the six selection factors as in the Federal Skilled worker & Professional categories.

Here is a list of the provinces and one territory currently participating in this program.

• Alberta
• Manitoba
• Newfoundland and Labrador
• Ontario
• Saskatchewan
• British Columbia
• New Brunswick
• Nova Scotia
• Prince Edward Island
• Yukon

To find out your eligibility contact us.

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Sponsor Your Family

If you are a Canadian citizen or a permanent resident of Canada, you can sponsor your spouse, common-law partner, conjugal partner, dependent child (including adopted child) or other eligible relative (such as a parent or grandparent) to become a permanent resident. Certain conditions apply for sponsoring a relative.  Please contact us to find out if you are eligible to sponsor.

You as a sponsor also have a responsibility of supporting your relative financially and make sure that they do not need financial assistance from the Government.

You can start the sponsorship process when you, as a citizen or permanent resident in Canada, apply to be a sponsor.

There are two different processes for sponsoring your family. One is for sponsoring your spouse, conjugal or common-law partner and/or dependent children. Another process is used to sponsor other eligible relatives.

To find out your eligibility contact us.

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Visiting Canada

Canada welcomes you as a tourist. Every year, people from around the world come to visit Canada. If you wish to come to Canada to travel, sight-see, enjoy leisure activities and visit friends or relatives, the Visitor Visa is best suited to you.

You have to meet certain requirements in order to attain a visitor visa. In some cases you may need a Temporary Resident Visa. Visa exempt countries can visit Canada with a valid passport.

Contact us

Working temporarily in Canada

Every year, over 90,000 foreign workers enter Canada to work temporarily in jobs that help Canadian employers address skill shortages, or as live-in caregivers.

A work permit is needed for most temporary jobs in Canada, though for some positions and business people it is not necessary. More information on work permits for temporary jobs.

Contact us

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Studying in Canada

More than 130,000 students come to study in Canada every year and even more come to Canada to learn English or French. The provinces regulate education and schools in Canada. In order to study in Canada, you may need a study permit or a temporary resident visa, though not everyone must have these documents.

Before you can apply for a study permit, you must have been accepted at a recognized school, university or college in Canada.

For more detailed information on studying in Canada: Contact us

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Permanent Resident Card:

A PR card is required for all permanent residents of Canada seeking to re-enter Canada on a commercial carrier (airplane, boat, train or bus).  It is an official proof of your status in Canada.

The PR card was introduced in June 2002, all new permanent residents automatically receive their first Permanent Resident Card as part of the immigration process.

If you came to Canada as a permanent resident before June 2002, you were issued an Immigrant Visa and Record of Landing (IMM 1000). This is one of the documents you may need to support your application for your first, or replacement, Permanent Resident Card.

If you received permanent resident status before June 28, 2002, you may apply for a Permanent Resident Card. This also applies if you became a permanent resident after this date and did not receive a card at that time, or you need to replace an expired, lost or stolen card. The Permanent Resident Card expires every five years. Check the expiry date and apply for a new one well before you plan to travel outside Canada.

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Citizenship

• the person applying is the child’s parent, adoptive parent or legal guardian
• the child is a permanent resident, but does not need to have lived in Canada for three years and
• one parent is already a Canadian citizen or is applying to become a citizen at the same time. This also applies to adoptive parents.

• have been convicted of an indictable (criminal) offence or an offence under the Citizenship Act in the three years before you apply
• are currently charged with an indictable offence or an offence under the Citizenship Act· are in prison, on parole or on probation
• are under a removal order (have been ordered by Canadian officials to leave Canada)
• are under investigation for, are charged with, or have been convicted of a war crime or a crime against humanity or
• have had your Canadian citizenship taken away in the past five years.

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The Live-In Caregiver Program

Live-in caregivers are individuals who live in a Private home to provide care for children, elderly persons or persons with disabilities.

There are steps and requirements that both the employer and the employee must follow to hire a Live-In Caregiver.

To be eligible to work as a live-in caregiver in Canada, one must have a job confirmation letter from a Canadian employer, a written contract with the future employer, Successful completion of the equivalent of Canadian secondary school, at least 6 months training  or at least one year of full time experience during the past 3 years, Good knowledge of English or French and a work permit before you enter Canada.

If you want to work as a live-in caregiver in the province of Quebec, you must obtain a certificate d’acceptation du Québec (Certificate of acceptance).

To find out your eligibility contact us.