Canadian Immigration

Canada is a beautiful and prosperous country and is ranked number one by the United Nations Human Development Index as the best country in the world in which to live. With this in mind, hundreds of thousands of people worldwide apply to become landed immigrants of Canada or visit each year.

If you are considering applying for Permanent Residence in Canada or to visit, one of your first considerations will be the category under which you should apply. West Coast Immigration Consultants has the knowledge and experience to assist you in this regard. The following is an overview of the various categories of Immigration open to applicants for Permanent Residence as well as to those who merely wish to visit Canada before making such an important decision.

Allow West Coast Immigration Consultants to guide you to all of the wealth, freedom and opportunities Canada has to offer. We can help you achieve your dreams.

A brief description of Canadian immigration categories

The Immigration and Refugee Protection Act governs all immigration to Canada. This Act came into effect on June 28, 2002. It has significantly changed the procedures for Immigration to Canada. The purpose of this description is not to give legal advice but merely to provide the reader with basic information about Immigration to Canada.

The Government uses a points system to assess Applicants in all categories except Family Class and in some special programs. Points are given for such things as age, education, experience, proficiency in English and/or French, arranged employment and Adaptability. The points required to succeed under Skilled Category are 67 and Business Category are 35.

The following are the Immigration Classes:

• Economic Class
  1. Canadian Experience Class
  2. Skilled Workers
• Business Class
  1. Entrepreneur
  2. Investor
  3. Self Employed
• Family Class
• Work Permit
• Student Permit
• Live-In-Caregiver
• Visitors Visa
• Provincial Nominee Program

Economic Class

1. Canadian Experience Class

   Canada has introduced a new immigration program for those who are in Canada on a study permit or a temporary work permit that allows them to gain Permanent Resident status in Canada. Applicants must hold a temporary work permit and have two years of full time work experience in a profession that qualifies under NOC Skill Types 0 (managerial occupations), A (professional occupations), or B (technical occupations); or be a foreign graduate of a Canadian post-secondary educational institution who has a minimum of one year Canadian work experience following graduation.
   
   Applications must be submitted while working in/or within one year of leaving employment in Canada. All applicants must be fluent in English and/or French and meet the score requirements on the Canadian Language Benchmarks of a level 7 for NOC Skill Types 0 and A or level 5 for Skill Type B. Applicants who are married or living with a common-law partner in Canada and whom also meets the requirements can decide who will apply as the principal applicant. General requirements for Health, Security, and Criminal Background Check apply.

2. Skilled Workers

   A skilled worker is a person who applies to Canada on his own without sponsorship. Under this category the point system is determinative. An independent applicant must score at least 67 points. The key to entry under this class is that "an applicant" must fall under an occupation listed in approved NOC list in O, A and B occupations, must have one year experience, Higher education, Fluency in English and/or French, Spouse’s higher education, applicant or their spouse’s work experience or education in Canada or relative in Canada or Validated Job Offer does help in the success of the application.
   
   General requirements with regard to Health, Security Clearance and lack of criminality apply. This is one of the most preferred ways to come to Canada. Canada does need a large skilled workforce to offset the impact of negative birth rate and aging population.

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Business Class

1. Entrepreneur

   An entrepreneur is an applicant who is an experienced businessman with a net worth of $ 300,00.00 CAD, who has a successful business record and is willing to start a new business or invest in an existing business in Canada and will be actively involved in the management of the business. The individuals applying under this category are encouraged to visit Canada prior to processing of their application.

2. Investor

   Federal Program: The applicant must have management experience of a qualifying business and control of a 33½% of the qualifying business for at least two years out of the five years beginning date of application or should have managed five full-time employees in a business for two years in a period beginning five years from the date of application.
   
   The applicant must have accumulated by his/her own efforts a net worth of at least $800,000.00 CAD and makes an investment of $400,000.00 CAD to the Receiver General for Canada, CIC acting as an agent. The investor signs a subscription agreement with approved fund. After five years CIC reimburses the money to the applicant. There are loan provisions through different banks and/or securities companies where investor can invest less than 1/3 of total investment amount and balance can be funded by the investment company under different provisions.
   
   Quebec Program: The Province of Quebec administers its own investor program. The investor signs an agreement with a fully licensed security broker firm or a trust company. The brokerage firm or trust receive and manages the investment. They are fully responsible for the way they handle the money received. The $400,000.00 is invested with Federal Government and Investment is guaranteed. No interest is paid on the investment.
   
   Financing the investment is possible and will cost $125,000.00 to an investor rather than investing $400,000.00 of your money. Presently, Quebec program has a proven record of security and reliability.

3. Self Employed

   A foreign national who has relevant experience and has the intention and ability to be self-employed and make significant contributions in Canada is eligible under this category. The self-employed person must have two years of experience in a period beginning five years before the date of application for immigration to Canada and ending on the day determination is made in respect of application. Following types of activities are considered under this category:
   1. Self employed in cultural activities or athletics;
   2. Participation at a world-class level in cultural activities or athletics; or
   3. Farm Management Experience;

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Family Class

This is the class of persons who can be sponsored by a Canadian Citizen or Permanent Resident who are members of his or her immediate family. Sponsorship under this class does not require any points. The members of this class are:

1. The spouse or common-law partner of the person or Conjugal Partner;
2. A dependent child of the person or of the person’s spouse or common-law partner or Conjugal Partner;
3. A dependent child of the dependent child referred to paragraph (b)
4. Parents and their dependent children who are under 22 years of age or if over 22 years, full time students or have a disability and financially dependent on parents;
5. Grandparents;
6. Orphan brothers, sisters, nephew/niece under 18 years and destitute children under 18 years of age whom a Canadian wishes to adopt;
7. In-case a Canadian Citizen or Permanent Resident has no relative in Canada and no Family Class Relative whom he/she can Sponsor, they can Sponsor any one relative for Immigration to Canada;

Spouses and dependent children’s application are processed on a priority basis, settlement and other requirements do apply in some cases. There is a combined application for spouses and dependent children. The sponsorship originates in Canada. In the case of a refusal of family class application, the sponsor has the Right of Appeal (except in certain circumstances) to the Immigration and Refugee Board of Canada) – Immigration Appeal Division.

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Work Permit

Foreign Workers whose skills are in short supply or who can provide significant economic or other benefit and employment has neutral effect on Canadian employees are issued work permit and admitted to Canada on a temporary basis. In many cases, a job validation from HRSDC is required unless there is an exemption for specific occupations, e.g., IT Professionals, Construction Workers etc. These exemptions change depending upon Canadian employer demands. There are also exemptions under certain Trade Agreements, i.e., NAFTA, GATT, etc. In order to find out specific information concerning your situation, contact us. It is brought to your attention that in the event that a temporary worker has been in Canada and has worked for two years in National Occupation Classifications 0, A, or B category, the individual is entitled to file an application for immigration to Canada while residing in Canada. The applicant is required to meet specific criteria to qualify. If you think you fall under this category, contact us.

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Student Permit

Canada is encouraging foreign students to choose Canada as the preferred place of studies. In order to qualify, applicant must have sufficient resources to fund his/her studies, genuine intention to study and good track record of education. In case the student studies in Canada for a period of two years, he/she is entitled to a open work permit for a period of three years upon completing their studies. In the event the student gains one year of work experience, they are eligible to apply for permanent residence in Canada.

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Live-In-Caregiver

Canadian Citizen or Permanent Residents can sponsor a foreign live-in-caregiver to look after children or disabled family member/s or disabled old age parent/s.

The applicant must have grade 12 education, must have knowledge of English or French and have either 6 month’s Diploma in the field of child care / health care; or one year of paid full time work experience.

The applicant is entitled to gain permanent residence in Canada after two years of work as a live-in-caregiver in Canada.

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Visitors Visa

The Immigration and Refugee Protection Act requires all visitors, except those exempt by regulation, to obtain a visitor visa before coming to Canada. Applicants must demonstrate to visa officials that they have significant family, social, economic and cultural ties to their country of origin and that they have sufficient means to support themselves during their visit to Canada. Applicants must also satisfy visa officials that there is no risk that they will over stay on their visit to Canada.

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Provincial Nominee Program

Provincial nominees are selected based on their ability to contribute to the province's economic development. Usually, but not always, a genuine Canadian job offer from an employer within the province is a requirement under the Provincial Nomination Program.

Most provinces in Canada participate in the Provincial Nomination Program. Participating provinces sign agreements with Citizenship and Immigration Canada (CIC) that allow the provinces to directly select immigrants who meet the requirements they have established. Immigrants who wish to apply as a Provincial Nominee must first apply to the province where they wish to settle:

• Alberta PNP (AINP)
• British Columbia PNP
• Manitoba PNP
• New Brunswick PNP
• Newfoundland and Labrador PNP
• Nova Scotia PNP
• Ontario PNP
• Prince Edward Island PNP
• Saskatchewan PNP (SINP)
• Yukon PNP (YNP)

Before submitting an application to immigrate to Canada, a Nominee must first receive a Provincial Nomination Certificate from the province . After a successful nomination by a province, a separate application must be made to Citizenship and Immigration Canada for Canada Immigration (Permanent Resident) Visa.

Provincial Nomination Program Processing Times vary from one Canadian Immigration Visa office to another.

For more information on the Provincial Nomination Programs (PNP), contact us.

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