PERMANENT VISAS CANADA
Permanent visa
Canadian immigration law recognizes two types of visa - permanent and temporary. Permanent visa are also called immigrant visa or permanent resident visa. One can obtain permanent resident visa by applying in one of the available categories under federal or provincial programs or by being sponsored as a family member of Canadian citizen or permanent resident.
Being permanent resident of Canada means that you can live and work in Canada, leave and return as you wish, and that you are entitled to the same rights and have the same duties as other Canadian citizens or permanent residents.
As a permanent resident of Canada, you will still use your passport that you used to come to Canada. You will need to obtain visitor visa to travel to countries that require entry visa for citizens of your native country. Only after you become citizen of Canada, will you be able to apply for Canadian passport.
As a permanent resident, you are subject to immigration law and may be subject to deportation if you commit serious crime. As a citizen of Canada, you will have more rights and more protection than permanent residents
Federal programs
Immigration to Canada is a joint responsibility of the federal and provincial governments. Majority of new immigrants will come to Canada through one of the many federal immigration programs, whether it's economic or family class immigration program. Refugee protection too is governed by federal government.
Immigration can be temporary or permanent. Temporary residents of Canada are those foreign nationals who are in Canada with temporary work permit, temporary student permit, or visitor visa.
There is also a group of people who are in Canada with Temporary Resident Permit - a special permit issued by the government to those people who want to immigrate to Canada but are inadmissible either for medical or criminal reasons. This could be considered something like conditional permit. There is no special application to be made - its issuance is based on discretion of the Minister and on humanitarian and/or compassionate grounds.
Family Class
According to Immigration and Refugee Protection Act (IRPA), every Canadian citizen and permanent resident has the right to sponsor his closest relatives: spouse or common-law spouse (a conjugal partner is included in this category), minor dependent child, parents and grandparents.
A child under the IRPA is a biological or adopted child who is under 22 years of age or a child who is over 22 years but is a full-time student and fully financially dependent on the parent or a child who is over 22. In many situations, the status of a dependent child may change during processing of the application - it is important to have a clear strategy and awareness of possible outcome. You should always consult a professional if your children are nearing the age of 22 before you submit the application.
In some instances, a Canadian citizen or permanent resident may sponsor other relative, not included in the family class category. That can be the case if the Canadian sponsor has no other relatives in Canada and no relatives that he could otherwise sponsor under the IRPA.
To be a sponsor, one must qualify. Generally, to sponsor parents and grandparents, the sponsor must meet the financial requirements of Low-income cut-off table. Consult the table before you submit your application - failure to meet LICO will result in a refusal of your sponsorship application.
If you want to sponsor your spouse or common-law partner, you are exempted from the requirement to meet the LICO. However, you still have to prove that you will be able to support your spouse after he/she lands in Canada.
Sponsors must live in Canada. The only exemption is if a Canadian citizen (not permanent resident) lives exclusively abroad and wants to sponsor his/her spouse or common-law partner.
As in all applications to Citizenship and Immigration Canada, a proper strategy and planning is very important. Even the most seemingly simple applications can result in unexpected complications. Consult a professional when in doubt.
Contact ELS Canada if you have questions or doubts. We will always reply to an e-mail if you state that you plan to sponsor a relative. If you don't do so in your first e-mail, you will be asked to describe your situation and then given our assessment of your situation. At this point, you will be able to decide whether you want us to help you or not.
Entrepreneur
You may qualify as an entrepreneur under the federal business immigrant program if you have legally accumulated a net worth $ 300,000 CAD and have at least 2 years business experience in a qualifying business within the past 5 years. You must also intend to purchase or invest in existing business, provide active and ongoing management of the qualifying Canadian business and create at least one full-time job equivalent for Canadian citizens or permanent residents outside your family.
When you apply as an entrepreneur, you will be asked to provide a conclusive proof of how you obtained your funds, of your previous business experience and of your intentions to establish a business in Canada. If you are used to deal in cash, you will have a hard time to provide the required proof.
If you meet the requirements of this category and your application is approved, you will have three years after you become permanent resident to meet the terms and conditions of your immigrant visa. In these three years you have to meet the conditions for a period of at least one year:
Once you have complied with the terms and conditions of your immigrant visa, you must ask the Minister to remove the restrictions on your visa. These terms and conditions apply to your family as well. If you don't comply with them, your immigrant visa (and your family's) may be revoked and you may have to leave Canada.
As a good businessman, you should know that it is important to consult a professional before you decide to apply under this category.
We are here to help you with anything concerning immigration to Canada. Due to the complexity of business applications, we will not be able to do full analysis of your situation in the free-of-charge assessment. You may still fill the questionnaire out but you will find that vital information is missing from the assessment sheet. If you want to be assessed as a business immigrant, please fill out the paid assessment questionnaire and pay the nominal fee. After you receive your report, you can decide how you wish to proceed.
Investor
As an investor, you must have a proven track record in business and have legally accumulated a personal net worth of $800,000 or more and have invested or are willing to invest $ $400,000 for a minimum period of 5 years in approved funds. This investment will bear no interest for the period of 5 years. You may also finance part of the investment if you don't want to have the full amount locked in.
All investments must be of a significant economic benefit to the province where the project is located and cannot involve residential real estate and must contribute to the creation or maintenance of employment opportunities for Canadian citizens or permanent residents. You cannot invest in just any fund - these funds must be approved by federal government or, in the case of Quebec, by the government of Quebec.
You must show that you have business experience for at least two years within the past 5 years before you submit your application.
Immigrant visa issued under this category have no restrictions.
Proper planning and strategy development are of utmost importance. You should contact not only immigration professional but also an accountant, financial planner and other professionals that may provide you with valuable insight in what becoming an investor in Canada means.
As a good businessman, you should know that it is important to consult a professional before you decide to apply under this category.
We are here to help you with anything concerning immigration to Canada. Due to the complexity of business applications, we will not be able to do full analysis of your situation in the free-of-charge assessment. You may still fill the questionnaire out but you will find that vital information is missing from the assessment sheet. If you want to be assessed as a business immigrant, please fill out the paid assessment questionnaire and pay the nominal fee. After you receive your report, you can decide how you wish to proceed.
Self-employed
This is probably the most misunderstood category. It is important to read the whole definition of what self-employed means in terms of immigration to Canada. This category is restricted to persons who have experience and ability to be self-employed in Canada in cultural activities, athletics, or farming.
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.
"Specified economic activities" means cultural activities, athletics or the purchase and management of a farm
"Relevant experience" means a minimum of two years of experience, during 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, consisting of
(i) in respect of cultural activities
(A) two one-year periods of experience in self-employment in cultural activities
(B) two one-year periods of experience in participation at a world class level in cultural activities, or
(C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B),
(ii) in respect of athletics,
(A) two one-year periods of experience in self-employment in athletics,
(B) two one-year periods of experience in participation at a world class level in athletics, or
(C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B), and
(iii) in respect of the purchase and management of a farm, two one-year periods of experience in the management of a farm;
Independent Immigration Class:
This third class includes skilled workers, entrepreneurs, investors and self-employed persons, applying on their own initiative and assessed against the point system. The Selection Criteria focuses on age, education, occupation, experience, and facility in one or both of the official languages, personal suitability and a bonus for eligible relatives living in Canada.
Provincial nomination programs fall under this category. Provinces have their own point system and have a limited number of nominations they can issue on an annual basis. Immigrant that receives provincial nomination, does not have to meet federal selection criteria but must meet the health, criminal conduct, and financial criteria set forth by the federal government.
Refugee Class
Canada is known for its generous and understanding approach to persons who seek protection at its borders. However, there is a misconception about the system. Many people believe that it is the easiest way to obtain permanent residence. Often, people are persuaded by friends or their friends to seek refugee protection even if it is clear that such application will be eventually refused. Many years are lost, lives destroyed and families separated because of a wrong advice at the onset of the journey.
Never apply for a refugee status unless you are fully confident that your situation warrants protection under the Act. If you are reading this before you begin the journey to Canada , read about what a refugee is:
A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
(a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or
(b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally
(a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
(b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if
(i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,
(ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
(iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
(iv) the risk is not caused by the inability of that country to provide adequate health or medical care.
If you are in Canada and you are thinking of claiming refugee protection, contact a reputable professional to find out what your chances are – often, there is a better way to become permanent resident. Even if it would mean that you cannot enjoy the benefits of being in the process. At the end of the day, the easy way is often the way that leads nowhere.
Definition of Skilled Worker
In the federal Skilled Worker Class, a skilled worker is someone who has at least one year of work experience within the past 10 years in one of the occupations listed in either Skill Type 0 or Management of Skill Level A or B of the National Occupational Classification (NOC). The NOC was developed by HRDC to be a systematic taxonomy of occupations in the Canadian labour market.
In other words, not every occupation will qualify you to be a skilled worker. Only skilled occupation will be considered when assessing an application for permanent residence. For example, if you are truck driver, your experience will not be considered. If you are carpenter, your experience will be considered.
Use our free service to find out whether you could qualify as a skilled worker. Fill out the assessment form or send us your resume. Make sure that your resume contains all information that we need to make a proper assessment. SEND YOUR ASSESSMENT FORM TODAY
Skilled workers and professionals: Who can apply—Arranged employment
If you have an offer of permanent employment from a Canadian employer, it can improve your chances of having your federal skilled worker application approved.
Depending on your circumstances, the requirements for a valid offer of employment are different.
1) If you are currently working in Canada:
•your current employer must have made an offer to give you a permanent job if you are accepted as a federal skilled worker, and
•your temporary work permit must be valid both when you apply for a permanent resident visa and when the visa is issued.
In addition:
•your work permit must have been confirmed by Human Resources and Social Development Canada (HRSDC) through a positive labour market opinion or
•you must be in a category that is exempt from an Arranged Employment Opinion
in order for your offer of employment to be valid.
2) In all other cases:
You must not be working in Canada and you either
•do not have a valid work permit or
•you have a work permit, but your circumstances are different from those described in the first example.
In this case, the offer of employment is valid if your prospective employer
•has made an offer to hire you on an indeterminate basis if you are accepted as a federal skilled worker, and
•has obtained a positive Arranged Employment Opinion from HRSDC
and you
•meet all required Canadian licensing or regulatory standards associated with the job.
Note: You cannot arrange for an HRSDC confirmation of a job offer. Your employer must do this.
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