Canadian Immigration Information

Information about Canadian Immigration

The most prominent ways of obtaining permanent resident status in Canada are outlined below.

The Independent Job Skilled Category

The Independent/Job Skilled Category permits applicants who can accumulate 70 points on a grid, which shall be explained in greater detail presently, to obtain permanent resident status in Canada. The process in question is applied to individuals who wish to settle in a part of Canada that does not include Quebec. Individuals who wish to settle in Quebec are obliged to apply to that Province’s Immigration Officials. The process used to select Independent/Job Skilled Immigrants to Quebec was changed several years ago. As a result, it is now very difficult for individuals who have not obtained their education in French, to apply under the category in question. Accordingly, I will focus on the Independent Category as it relates to Canadian rather than Quebec bound immigrants.

The factors that are taken into account in assessing a candidate who wishes to settle in one of Canada’s English-speaking provinces are education, training and experience in relation to a given job, age, reading, writing and speaking abilities in English and/or French, and Personal Suitability, which is usually determined on the basis of an interview. Other factors such as Arranged Employment form a part of the selection process, but are almost never brought into play, given the rarity of such a set of circumstances presenting themselves. I will discuss the specific categories found on the grid in point form.

1. EDUCATION

• An applicant can accumulate between 0 and 16 units of assessment in this category.
• A High School Diploma that does not include some form of trade related certification, and which will not permit for entry into university is worth 5 points.
• A High School Diploma, which will permit its recipient to enter University, is worth 10 points.
• A post secondary certificate or diploma which requires at least one full year of classroom study and the completion of a high school diploma that would allow for entry into university, as a condition of admission, is worth 13 points. Otherwise, it is worth 10 points.
• A first level university degree is worth 15 points.
• A second or third level university degree is worth 16 points.

COMMENTS

For the most part one can use one’s common sense to determine whether a person’s education will allow him or her to make a credible claim to be capable of performing the job related functions they are basing their application on. However, I should warn you that Engineers must have graduated from a school that is recognized by the Canadian Council of Professional Engineers. They must also, as a result, have their credentials assessed by the aforementioned organization. This takes a bit more time, and also costs a bit more (Cad. $ 175.00). A risk is involved in accepting an engineer who does not have a degree from a school that is already recognized by the CCPE. However, such a course of action is not always fatal, as the organization may investigate the school and find that it meets its standards. On the other hand, degrees obtained from CCPE approved schools do not always receive approval from the organization. Nevertheless, it is usually possible to bank on an individual getting a Visa if he or she did graduate from a CCPE approved school and has the necessary work experience etc. We have access to the CCPE and the schools it recognizes. We are also able to assist in the area of providing information that will permit the CCPE to assess someone’s education.

2. Education and Training Factor (ETF)

An applicant can obtain as many as eighteen units of assessment in relation to this factor. This heading of assessment provides a means by which a numerical value is attributed to an applicant’s employment profile. This is only applicable with regard to a list of positions prepared by the Canadian Government. The list is known as the General Occupations List. The list changes every once in a while, typically in a manner that makes it less inclusive. Units of assessment are allotted to all of the positions on the list in question in relation to the Education and Training Factor. Educational requirements are established by a publication known as the National Occupation Classification. Generally, the more demanding the position, the more units of assessment are granted. For example, an Engineer will receive close to the maximum units of assessment in relation to this criterion. Units of assessment are awarded as follows:

• When no formal education or training is required, one unit;
• When some secondary school education, on-the-job training or experience is required, two units;
• When a secondary school diploma is required, five units;
• When the completion of course work, training, work-shops or experience related to the occupation, and which is obtained in the context of a successfully completed secondary school diploma, is required, seven units;
• When a certificate or diploma of a college or technical school is required, or When the completion of an apprenticeship program, a specialized training program, or a vocational school training program is required, fifteen units;
• When a University Degree at the bachelor’s level is required, seventeen units; and
• When a University Degree at the master’s or doctoral level or a professional degree that requires additional education beyond the bachelor’s level is required eighteen units.

If the National Occupational Classification provides an indication that educational requirements for a position can vary, the immigration selection process will attribute the lesser of the two values to the position, insofar as the Education and Training Factor. Accordingly, if the completion of technical school or university will permit an individual to work at a given position, the units of assessment awarded in relation to the ETF will be fifteen rather than seventeen units.

3. EXPERIENCE

An applicant can obtain as many as eight units of assessment in relation to this criterion. At least two units must be obtained, if an applicant hopes to gain acceptance of his or her permanent resident candidacy. An applicant must be able to show one year of full time experience at the job he or she is attempting to base an application for permanent resident status in Canada upon. There is some leeway available where individuals who have done paid research while studying at the graduate level are concerned. In other words it might be possible, with the proper presentation, to count school time as "full time experience." Part time work over a period of two years might also permit for a claim of one year of full time experience.

One of the most important things to note in this regard is the relationship between ETF and units of assessment available under the Experience portion of the selection grid. Each year of full time experience is worth two points, and an applicant must be able to accumulate at least two points on this part of the grid if he or she is to acquire a visa. A maximum of eight points can be obtained under this heading. In other words an applicant can be assessed two points per year, for up to four years of employment. However, there is a symbiotic relationship between ETF and the Experience portion of the selection grid. It is important to understand that the more units of assessment awarded in relation to ETF, the more units will be awarded for experience. Positions that carry with them a low ETF will only generate two or four points for experience. This means that an applicant, who has been trained and employed as a bookkeeper, for example, will only be credited with two years of work experience, even if he or she has been working for many years. Generally speaking an applicant must have worked in an occupation with an ETF that requires technical or college training in order to obtain credit for more than two years of experience. By the same token, it is very hard to reach the necessary total of seventy units of assessment if one cannot obtain at least six units of assessment in relation to the Experience portion of the selection grid.

A graphic breakdown of the Experience portion of the assessment process is as follows:

• An applicant who receives one or two units of assessment in relation to ETF can receive a maximum of two units of assessment for experience
• An applicant who receives five or seven units of assessment in relation to ETF can receive a maximum of four units of assessment for experience
• An applicant who receives fifteen units of assessment in relation to ETF can receive a maximum of six units of assessment for experience
• An applicant who receives seventeen or eighteen units of assessment in relation to ETF can receive a maximum of eight units of assessment for experience.

4. OCCUPATION

As many as ten units of assessment can be obtained under this heading. However, a single unit of assessment can also be provided for under this heading. The units awarded under this heading are determined by the General Occupations List that is published by the Canadian Government. Each occupation on the list has a value attributed to it. The list and the values it attributes to occupations can be changed at any time. As I have already mentioned, it is expected that the list will change in the upcoming months. The value to be attributed to occupations on the list is arrived at on the basis of considerations relating to labor market activity on both an area and a national scale, consultations between Immigration Officials and members of the Department of Human Resources and Development, Provincial Governments, and any other relevant organizations and institutions.

This category is designed to make it easier for individuals with certain, highly desirable backgrounds, to immigrate to Canada. The manner in which units of assessment are allocated under it can be amended easily and without any need for a change to existing laws. A good example of how this works is provided by the case of applicants who have training and experience in computer science related activities. They receive the maximum compliment of ten units of assessment under this category. Someone who has training as a bookkeeper, for example, will only receive one unit of assessment.

In very exceptional cases units of assessment can be awarded under this category of the selection grid, even if the position occupied by the applicant is not on the General Occupations List. Arranged Employment, in relation to a position, which requires a relatively high ETF assessment, must be provided for, if that is to happen. Such situations are not frequently encountered, and we are not likely to have any reason to deal with the issues involved therein.

5. ARRANGED EMPLOYMENT

A maximum of ten units of assessment is available under this heading. However, this is a factor that almost never comes into play. I have processed well over a thousand applicants for immigration to Canada and I have only seen one case that involved such a set of circumstances. It requires that an applicant have a job waiting for him or her in Canada. The job must be validated, on a permanent basis. This means that the applicant’s ability to work in Canada must be approved by an Employment Center, on a long-term, or permanent, basis. Such a development will only occur if it can be shown that there is no one in Canada who is capable of doing the job in question. Short of highly specialized executives and scientists, it is very unlikely that an applicant will qualify for arranged employment.

6. THE DEMOGRAPHIC FACTOR

A maximum of ten units of assessment is available under this heading. The Government determines how many units will be available under this heading. The current allotment now stands at eight units. The government is able to manipulate this heading in order to regulate the number of visas that will be granted during any given period of time. If immigration levels are low, then this heading will likely grant a good allotment of assessment units. If levels are higher, it can be expected that the units awarded under this heading will be less substantial.

7. AGE

A maximum of ten units of assessment can be allotted under this heading. Applicants who are at least 21 and no more than 44 years of age will receive ten units of assessment in this category. Otherwise, two units come off for each year after 44.

8. LANGUAGE

A maximum of fifteen points is available under this heading. An applicant who speaks, reads and writes French and English in a fluent manner can accumulate fifteen units in this area of the grid. Such individuals are rare, and most of them already live in Canada.

Candidates are assessed in relation to their ability to read, write and speak English and French. Units are awarded separately with regard to each of the three skills. The general rule is that a candidate gets two units of assessment for everything he or she does well, and three units of assessment for everything he or she does fluently, where the first language is concerned. He or she will receive two units of assessment for everything done fluently in relation to the second language and one unit of assessment for everything done well.

However, if an applicant totals two to five units of assessment in relation to this category, he or she will only be awarded two units of assessment. The threshold of six units must be reached before more than two points can be scored. A graphic representation of the language aspect of the selection grid is as follows:

FIRST OFFICIAL LANGUAGE

SECOND OFFICIAL LANGUAGE

Units of Assessment for Credits Earned

0-1 Credit: O units

2-5 Credits: 2 units

6-15 Credits: The applicant receives the same number of units

9. PERSONAL SUITABILITY

This is where the difference between 70 units, and totals an applicant accumulates under the other headings is made up. The maximum number a candidate can receive under this heading is ten units, so obviously a total of at least sixty units must be accumulated before this factor is taken into consideration. Generally we are not willing to take anything less than a 63 before interview. Even this is borderline, and we might impose a condition relating to improved language abilities by the time of an interview, before we agree to accept the case. Sixty-four and up is where we start to get comfortable.

Personal suitability is determined on the basis of adaptability, initiative, determination, resourcefulness, and other such stock phrases, which are really just terms that permit an Officer to exercise discretion. However, if an applicant is properly prepared for his or her interview the Officer’s discretion should be limited, and ultimately exercised in a positive manner. Exploratory visits, friends in the area of the country where the individual intends to settle and experience in living in a Western society are other matters that are taken into consideration in this regard.

10. BONUS POINTS

People who have a nephew, niece, brother, sister, aunt, uncle parent or grand parent who is a citizen or permanent resident of Canada, and who resides in Canada will get 5 extra units of assessment on the selection grid. They meet the definition of the term "Assisted Relative" which is found in the Regulations to the Immigration Act. The person in Canada must be at least nineteen years of age, however. It should be noted that the Immigrant could benefit from the applicable provisions of the Regulations, if his or her spouse qualifies as an Assisted Relative. It is also important to understand that the Immigrant does not have to settle in the same part of the country as their relative. Thus people who have relatives in Quebec can get credit for them without having to indicate that they wish to settle in that Province.

Other Pertinent Issues

A. Criminality

It is very difficult to provide an exhaustive or even comprehensive outline of what is involved where this issue is concerned. People, who have committed crimes that would have proven to be indictable offences had they been committed in Canada, will have a hard time qualifying to immigrate to Canada. That is the general rule. However, sometimes these individuals can show that they have been rehabilitated. Generally, the longer the period of time involved since the crime was committed and since the sentence was served, the better off the applicant will be. Still, extensive research must be done in such cases, and extra expenses must be incurred.

It is important to understand that the key test is whether a crime committed outside of Canada, would have been considered an indictable crime in Canada, at the time it was committed. Political prisoners from China or the former Soviet Union provide the easiest example of the issue of importance here. There is no doubt that people who served time in prison camps were convicted of having committed a "crime." However, if a comparison is done between the provisions of the statute that provide for the crime in the country in which it took place, and the Canadian Criminal Code it will often be evident that the acts which led to the foreign conviction would not have provided for criminal liability in Canada. It is generally a good idea to caution an individual as to the fact that you are not likely to guarantee visa issuance where criminality related issues are involved. It is also a good idea to ask for a premium and to request that as much information as possible be provided in documentary form. This will permit for the necessary research to be accomplished. Experts in Criminal Law often have to be engaged, but I am quite competent and experienced in relation to such matters.

B. Medical Inadmissibility

Here too, it is rather difficult to be succinct or exact. The concern of the Canadian Government is the cost involved, potential or otherwise, in granting a visa to someone with a serious medical condition. People with Aids, Cancer, or Downs Syndrome will have a very hard time getting a Visa. It should be noted that all members of an applicant’s family, provided that they will be accompanying him or her to Canada, must be able to meet established criteria in this regard. You should also note that special problems are posed where children are concerned, as it is very difficult to just leave them behind if they do not qualify from a medical point of view.

In cases that involve such problems, guarantees and the best possible rate cannot be offered. I have contacts in Ottawa and access to information that should permit for decisions that are more or less informed to be taken. However, it is quite difficult to predict in advance what the outcome will be where cases of this sort are involved, unless an individual is suffering from, or has suffered from a very serious affliction.

Business Class Applicants

Investors, Entrepreneurs and Self-Employed applicants all qualify under this general heading. Quebec is a viable option in relation to these applicants, and I have substantial experience working with business class applicants to that province. Self-employed applicants are not often seen, and I will not discuss that category at this point, except to say that it is generally reserved for world class artists and related occupations.

The Investor Category

To qualify as an Investor an applicant must be able to show:

• That he has successfully operated controlled or directed a business (for a minimum period of at least three years, where Quebec is concerned), and has a net worth of at least Cad. $800,000 which he has accumulated by his own endeavors; and
• That he has invested Cad. $400,000 in a Canadian Government approved investment plan, for a minimum period of five years.

There are several government approved investment projects to choose from, each of which offers different forms of security and rates of return. I strongly recommend that my clients choose an investment project in which the capital and interest are secured by the bonds of blue chip multi-national corporations. I am in a position to put clients in touch with representatives of a number of different investment firms, and will be happy to help if it proves to be necessary. It should be noted that some investment projects do not require that the applicant invest the full amount of Cad. $400,000. An applicant may deposit as little as Cad. $125,000 and borrow the balance required from the investment project.

The Entrepreneur Category

To qualify as an entrepreneur, the applicant must:

• Have actively managed a successful commercial enterprise (for at least three years where Quebec is concerned)
• Have sufficient assets to establish or acquire a business in Canada
• Establish or acquire a business in Canada within two years of his or her arrival as a permanent resident, and actively participate in the management of the same.

While there is no minimum net worth required in order to qualify, on the Federal level, the same is not true where Quebec is concerned. Generally speaking, our experience dictates that applicants should have a net worth of at least Cad. $250,000 in order to stand a good chance of success. There are exceptions, however, and each case must be studied on its own merits.

It should be noted that applicants under this category are often required to pay an exploratory visit to Canada. This will require a visitor’s visa and may pose problems to people who live in certain countries. It is also important to understand that there is a condition on an applicant’s visa, if he or she enters Canada as an Entrepreneur. The person must establish or purchase a business within two years of landing as a permanent resident. They must also have the condition removed, by allowing immigration officials to confirm that the business has been established. This is a time consuming process that involves extra expense.

Frequently Asked Questions and Answers

1. Who is included in the application for permanent resident status?

The application for permanent resident status includes the applicant, his or her spouse and any unmarried children under the age of nineteen years. Unmarried children over the age of nineteen may also be included in the application, if they are full time students, and have been so since they reached the age of nineteen. Exceptions to this rule may be made if circumstances permit. An aged relative may also be permitted to accompany a family to Canada; if it can be shown that crucial emotional and financial support would be denied the relative if he or she could not accompany the family.

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

The applicant may choose any Canadian Processing Post to process the file, as long as the processing takes place outside of Canada, and as long as he or she can travel in order to attend a selection interview at the post in question. The processing time varies from six to twelve months; depending on the processing post that is used. Generally speaking, the applicant and all of the family members who are over eighteen will have to travel to attend a selection interview.

3. What documents are submitted along with the application for permanent residence?

Skilled Worker applicants are required to submit documents pertaining to their education, working experience and proof of settlement funds. Investor and Entrepreneur applicants will be required to provide documentary evidence of business experience, as well as assets. Assets must be capable of being traced back for at least two years. This is done to prevent individuals from borrowing other people’s money to qualify. However, where Quebec is concerned, it is permitted to include as part of assets, those that are in the name of an applicant’s wife or minor children. Assets taken into consideration include real estate, business interests, jewelry, provided such items are properly evaluated. All applicants are required to submit statutory documents - birth certificates; marriage certificates and certificates proving that no criminal activity has been engaged in. Medical clearance must also be provided for.

4. When can Canadian Citizenship be obtained?

Canadian citizenship may be acquired after three years of permanent residence. Citizenship is voluntary, and Canada recognizes the concept of dual citizenship.

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

If one remains outside Canada for a cumulative period of more than six months in any twelve-month segment of time, a legal presumption is raised as to the fact that the individual in question intended to abandon Canada as the place of his or her permanent residence. So if one were away from Canada for more than six months during the year, he or she would have to prove that there was no intention to give up permanent resident status. This is a question of fact, and an individual who plans to be away from Canada for long periods of time should consult with a qualified expert before leaving. Proof of the fact that a residence, bank account and car have been kept in Canada could turn out to be very important. The payment of income taxes, the presence of children in Canada, and a host of related factors are also taken into consideration. A Returning Resident Permit can also be obtained, if the circumstances permit. This will permit an applicant to spend time abroad without having to worry about the deemed presumption of intent to abandon Canada.

6. What about Canadian Income Tax?

Canada imposes income tax on the basis of residency, not citizenship. Thus, it is possible to become a Canadian citizen and a nonresident for tax purposes. After becoming a permanent resident, but before attaining citizenship, an individual is required to pay Canadian taxes on worldwide income. New reporting provisions have recently been added to the Income Tax Act, but the Act also permits for newly arriving permanent residents to establish an off shore trust, which can be used as the site of all of an applicant’s non-Canadian source of income - other than that generated through employment related activity. The trust avails for a maximum period of five years, and makes it possible to become a Canadian citizen and nonresident in Canada, within the life span of the trust.

7. What about processing fees?

Processing fees are non-refundable. Right of Landing Fees are refundable, should an applicant fail to qualify for, or land in Canada. Additional processing fees are charged to applicants who choose to settle in Quebec. They are not refundable either. Federal processing fees are as follows:

Principal Applicant (Entrepreneur & Investor Category) Cad. $1000

Principal Applicant (Skilled Worker) Cad. $500

Spouses and dependent children who are at least nineteen years old Cad. $500

Children under the age of nineteen Cad. $100

Right of Landing Fees are refundable and Cad. $975 for all family members over the age of 19.

Quebec’s Processing Fees, which must also be paid, when the alien’s intended destination is Quebec, are as follows:

Principal Applicant Investor Category Cad. $850

Principal Applicant Entrepreneur Category $700

Principal Applicant (Skilled Worker) Cad. $300

Spouses and dependent children Cad. $100