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Coming to Canada

What you need to know about Canadian immigration.
Proper advice is crucial to a successful Canadian Immigration application.

Canadian immigration reflects a liberal attitude towards the entry of foreigners. Each year, Canada welcomes hundreds of thousands of people as visitors, students, workers, and permanent residents.

Despite Canada’s generous intake of temporary and permanent entrants each year, thousands of applicants are rejected (often permanently) or delayed sometimes for years. Frequently, applicants meet all of the requirements to enter Canada, but experience rejection or delay because their applications were completed improperly. Unfortunately, failed applicants often do not realize, or are not told that there are appeal mechanisms or other resources open to them that may remedy their unsuccessful attempts to enter Canada.

It is essential to try to avoid entering the application backlog. There are currently over one million applications for Canadian immigration waiting to be processed. This backlog will take years to get through.

Canadian immigration laws, regulations and policies are complex. People often make crucial mistakes while attempting to navigate through the Canadian immigration system. In addition, the immigration and visa officers who assess immigration applications have wide discretionary powers to determine which applications will succeed and which applications will fail. It is the applicant’s responsibility, or that of their representative, to convince the decision-maker that the application should succeed. This can be a very difficult task.

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Canadian Federal Business Immigration

Canadian Federal Business Immigration A qualified lawyer will review each applicant’s skills and qualifications in assessing whether the applicant fits within one of these three business classes of immigration.

For people willing to make an investment into Canada or to own and manage a business in Canada, there are three special Federal programs which allow for the entry and settlement in Canada for themselves and their families.

There are three categories under the Federal Business Immigration Program:
 

Federal Investors are people with:

  • Proven and relevant business experience
  • A willingness and an ability to make a sizeable monetary investment in Canada. The money which is refundable without interest, must be paid into an approved financial institution
  • A sizeable and legally-obtained net worth





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Federal Entrepreneurs are people with:

  • Relevant business experience
  • A moderate net worth that was obtained legally
  • The intention to establish, own and operate a qualifying business in Canada
  • The intention to actively operate a business that creates jobs and contributes to the Canadian economy
  • A willingness to respect certain conditions after they arrive in Canada





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Federal Self-employed are people who can evidence:

  • Past relevant experience in cultural or athletic pursuits at a prescribed level
  • That their past experience will contribute to either the cultural or athletic life in Canada, or
  • Experience of farm management and the intention to buy and manage a farm in Canada

  • These are the basic requirements of the business immigration programs. The actual requirements are more complicated. Great care and diligence must be applied in launching an application under the Canadian Federal Business class.

    Learn more about Canadian Federal Business Classes
     

    Canada operates three classes of business immigrants:

  • Investor class
  • Entrepreneurial class
  • Self-employed class

  • The criteria and requirements for each class are specific. An application is allowed for only one class and cannot be changed once the application is submitted.
     

    The Investor Class:

  • The Canadian Government has temporarily suspended new applications for the Federal Investor Program. Applications postmarked or received before June 26, 2 010 will be processed. This pause will be temporary.
  • Each year, approximately 2,500 investors and their families enter Canada.
  • Investors are not required to start a business in Canada.
  • No immigration conditions are imposed upon admission to Canada.





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The Entrepreneur Class:

  • Entrepreneurs come to Canada from all over the world.
  • Business experience pertains to past ownership, duration of ownership and the size of the operation.
  • Proving that net worth was legally obtained requires documentation.
  • Qualifying Canadian business considers factors such as percentage of equity, employment generated, income and assets.





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The Federal Self-Employed Class:

  • With respect to experience, time spent in the activity as well as how recent are considered.
  • For both cultural and athletic pursuits, the level at which the applicant participated is an issue.
  • In consideration of farming activity, actual management rather than merely employment is an issue, as is actual ownership of the operation.
Coming to Canada – what you need to know about Canadian immigration

Government approval is required by anyone wishing to lawfully enter Canada.

Canadian immigration reflects a liberal attitude towards the entry of foreigners. Each year, Canada welcomes hundreds of thousands of people as visitors, students, workers, and permanent residents.

Despite Canada’s generous intake of temporary and permanent entrants each year, thousands of applicants are rejected (often permanently) or delayed sometimes for years. Frequently, applicants meet all of the requirements to enter Canada, but experience rejection or delay because their applications were completed improperly. Unfortunately, failed applicants often do not realize, or are not told that there are appeal mechanisms or other recourses open to them that may remedy their unsuccessful attempts to enter Canada.

It is essential to try to avoid entering the application backlog. There are currently over one million applications for Canadian immigration waiting to be processed. This backlog will take years to get through.

Canadian immigration laws, regulations and policies are complex. People often make crucial mistakes while attempting to navigate through the Canadian immigration system. In addition, the immigration and visa officers who assess immigration applications have wide discretionary powers to determine which applications will succeed and which applications will fail. It is the applicant’s responsibility, or that of their representative, to convince the decision-maker that the application should succeed. This can be a very difficult task.

Canadian immigration officers scrutinize documentation thoroughly and conduct intrusive interviews. If they form an impression that an applicant is not credible or trustworthy, they will refuse to grant an applicant entry into Canada. It is for these reasons that skilled representation is vital.
 
The Canadian Federal Government is responsible for issuing visas. However, the Provincial Governments also have immigration programs. They are called Provincial Nominee Programs (“PNP”). Application under one of these programs may offer certain advantages.

The PNP programs vary from province to province. Applicants who want to immigrate to Canada may apply under one of the PNP programs. The applicant must intend to reside in the specific province they apply under. If accepted, the Provincial Government issues a PNP Certificate. The Federal Government has the authority to then issue the actual visa.

General Requirements
The requirements under this program are complicated. Great care and diligence must be applied in launching an application to enter Canada under the PNP program. A qualified lawyer will review each applicant’s skills and qualifications in assessing whether the applicant fits within the PNP classes.

Our immigration lawyer will review each applicant’s skills and qualifications in assessing whether the applicant fits this particular class of immigration.
 

Learn more about Provincial Immigration Programs (PNP):

  • In a given year approximately fifty thousand people will be granted entry under the program
  • Criteria for entry under the program varies depending on the needs of individual provinces
  • Prospective employers may be involved in the application process
  • Applications under PNP are not without challenges. However, for applicants with the appropriate qualifications, the program may offer an expedited alternative.






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AINP - Alberta Immigrant Nominee Program

The Alberta Immigrant Nominee Program (AINP) is an economic immigration program operated by the Government of Alberta with the Government of Canada’s department of Immigration, Refugees and Citizenship Canada (IRCC). It supports Alberta’s economic growth by attracting and retaining work-ready people to the province.

Individuals nominated by the Government of Alberta, together with their spouse/common-law partner and dependent children, can apply for permanent residence through IRCC as a provincial nominee. IRCC makes final decisions on all permanent resident applications.

The AINP offers options for both skilled and semi-skilled workers. You may be able to apply on your own, or with your employer. Review the streams and categories below and choose the best option for you.

For more details, click here
 

BCPNP- BC PROVINCIAL NOMINEE PROGRAM

British Columbia’s economic growth depends on having enough skilled and qualified people to meet labour market needs. The BC Provincial Nominee Program (BC PNP) is a way for high-demand foreign workers and experienced entrepreneurs to gain permanent residency in B.C.

For more details, click here
 

NWT Nominee Program

The Government of the Northwest Territories (GNWT) is working to ensure that immigration is a component of both its overall labour force and business development strategies for the short and long-term.

We recognize the considerable contribution that newcomers and immigrants can make to the NWT and welcome those interested in making the NWT their home.

Through the Department of Industry, Tourism and Investment (ITI) and Education, Culture and Employment (ECE), the GNWT delivers the Northwest Territories Nominee Program (NTNP)(link is external) in association with Citizenship and Immigration Canada.

For more details, click here
 

Saskatchewan Immigrant Nominee Program

The Saskatchewan Immigrant Nominee Program (SINP) offers you a way to immigrate to Canada. Through the SINP, Saskatchewan:
  • Invites residency applications from non-Canadians who want to make Saskatchewan their home.
  • Nominates successful applicants to the federal government, so they can gain permanent residency in Canada.

    The SINP is only one of the steps toward becoming a permanent resident in Saskatchewan. All applicants must also apply for residency through Immigration, Refugees and Citizenship Canada (IRCC) Canadian Immigration Commission.

    For more details, click here
Canada is a rapidly growing country with a great need for skilled workers and professionals. Each year, thousands of people in this class enter the country.

The Canadian government accepts applications for permanent resident status from people who have the skills needed to succeed in Canada.

There are labor shortages in many segments of the Canadian economy. People from all over the world can fill these shortages.

General Requirements
People who wish to qualify under this class of immigration must:
 
  • Achieve a minimum score on a point system based on experience, age, education, language skills, and adaptability to Canada.

  • Entry into Canada as a skilled worker or professional represents a wonderful opportunity to start a new and prosperous life in a great and safe country. The actual requirements under this program are complicated. Great care and diligence must be applied in launching an application to enter Canada under the Skilled Worker Class.
The Canadian government has enacted laws to allow people to immigrate to Canada based on their familial connection with a Canadian citizen or permanent resident of Canada. For this reason, Canadian citizens and permanent residents may sponsor foreign family members for entry and permanent residence.

Not all family members can be sponsored. There are specific requirements for both the sponsor and specific requirements for the family member being sponsored.

Generally, “family” is considered in broad terms. However, there are limitations as to who may be considered a family member in the immigration legislation.
In-home caregivers fill a very specific labor shortage in Canada. Foreigners who apply to enter Canada as a in-home caregiver are provided with a work permit in order to provide in-home care to people in Canada. Caregivers can assist in the care of children, the elderly or people who are challenged in some form. Caregivers are people hired by Canadian employers to live in a home in Canada and take care of such people. Their duties involve supervision, the administration of medicines, calling for help in an emergency, and other related duties.

In-home Caregivers are protected by a written contract. Pay, hours of work and working conditions must be fair. After a relatively short period of work in Canada, a in-home Caregiver can apply for permanent residency.

General Requirements:
  • Applications involve dealing with a total of three government departments
  • A job offer from an employer is required at the beginning of the process
  • A correctly-worded employment contract
  • Documented skills and training from the applicant or relevant work experience from the applicant
  • A carefully completed application
  • Securing a work permit

  • The actual requirements under the In-home Caregiver program are complicated. Great care and diligence must be applied in launching an application to enter Canada under this program.
The Canadian Experience Class is a relatively new and exciting way to achieve immigration to Canada. The program represents a great opportunity to achieve permanent residence in Canada for those who have undertaken relevant employment or study in Canada. Certain people who are in Canada on a temporary work permit and certain people in Canada who have graduated from a post-secondary facility in Canada may qualify for immigration under the Canadian Experience Class.

General Requirements:
  • Applicants may fall under one of two sub-classes: Temporary Foreign Worker Stream or Post-Graduation Stream
  • The applicant must have, in a specific classification of job in Canada, two years of full-time equivalent skilled-work experience within the three years preceding the date the application is made or
  • The applicant must have completed a required program of study in Canada and obtained a Canadian educational credential, having been enrolled full-time in this program of study or training for two years and acquired one year of full-time equivalent skilled-work experience in Canada at a specific classification,
  • For either sub-class, proficiency in French or English.

  • The actual requirements under these programs are complicated. Great care and diligence must be applied in launching an application to enter Canada under the Canadian Experience class.
In Canada, people place great importance on the role of education in securing high living standards and personal happiness. For these reasons a great deal of investment is made in schooling at every age level, and the people of Canada enjoy one of the world’s best systems of education at very reasonable cost. For its part, the country gains great benefit from investing in education. The very high rate of literacy among Canadians contributes to business innovation, productivity and economic development.

Canada welcomes people from abroad to share in its excellent system of education. As a result, each year, tens of thousands of students come to this country in order to study. They, too, reap the benefits, as it is well known that an education in Canada offers a huge variety of programs, great schools and excellent research facilities. Canadian credentials are recognized and accepted all over the world.

General Requirements for a student visa:
  • Study must take place in an approved Canadian educational facility
  • Applicants must satisfy any language, vocational or other tests that may be required
  • Required documentation must be submitted
  • Applicants must have sufficient financial means of support and they must budget for tuition, living costs and travel
  • Applicants must provide strong evidence of ties to the home country.

  • The actual requirements under this program are complicated. Great care and diligence must be applied in launching an application to enter Canada under this program.
Many people want to enter Canada to work on a temporary basis. Eventually, in certain circumstances, a person who works in Canada on a temporary work permit can apply for permanent resident status. Every year Canada welcomes over 150,000 foreign workers to fill temporary jobs and there are still labor shortages in Canada.

Obtaining a work permit can be an excellent way to make a fair wage, to gain valuable experience and training, and to establish the groundwork for eventual permanent status in Canada.

Another great advantage to obtaining a work permit is that accompanying family members may also be able to work in Canada simply because of the relationship with the family member who has a work permit.

General Requirements
Applicants must:
  • Find a Canadian employer or fit within a specific exemption class
  • Actually qualify for the intended occupation
  • Satisfy any language, vocational or other tests that may be required
  • Provide the required documentation
  • Have sufficient means of support and a budget for living costs, travel and tuition if applicable
  • Provide strong evidence of ties to the home country.

  • The actual requirements under this program are complicated. Great care and diligence must be applied in launching an application to enter Canada under this program.
Everyone who comes into Canada must have government approval. Each year more than 5 million people come to Canada on a temporary resident basis. Millions more are denied entry.

Many people require a Temporary Resident Visa to travel to Canada if entering for a temporary purpose, such as tourism, visiting family or friends, or some limited business trips. In some cases people come from a visa exempt country (i.e. no visa required), but many people require a visa. These visas can be difficult to obtain.

General Requirements for applicants:
  • The provision of required documentation
  • Sufficient means of support and budget for tuition, living costs and travel
  • The provision of strong evidence of ties to the home country.

  • The actual requirements under this program are complicated. Great care and diligence must be applied in launching an application to enter Canada under this program.
Permanent residency in Canada is a highly sought after status. Permanent residents of Canada enjoy most of the same rights and privileges as Canadian citizens.

While many people who go through the process of Canadian immigration acquire permanent residency as a step towards full citizenship, this is not compulsory. It is perfectly acceptable to live in Canada for a lifetime as a permanent resident.

A person must apply for permanent resident status under one of the immigration programs. Refusal or delay is not uncommon in the process of application for permanent resident status. Strict rules and ever-changing entry requirements, such as those associated with language requirements, are challenges which must be overcome in gaining this status.

General Requirements for applicants:
  • The provision of required documentation
  • Sufficient means of support and budget for tuition, living costs and travel
  • The provision of strong evidence of ties to the home country.

  • The actual requirements under this program are complicated. Great care and diligence must be applied in launching an application to enter Canada under this program.
Canada is renowned for its great humanitarian tradition and for honoring its international obligations toward people at risk. For decades, this country has offered shelter to thousands of people each year who have a genuine fear of persecution, cruel and unusual treatment or punishment, torture, or danger to their lives in their own country.

Refugee claims are accepted for evaluation from inside or outside Canada. Claims may be sponsored by groups or by individuals.

If successful, a claimant for refugee status may be offered a new and secure life in Canada as a permanent resident and, subsequently, as a citizen.

As worldwide the need for refugee resettlement increases, Canada receives far more claims for refugee status than it can possibly accommodate. In consequence, despite its very liberal attitude towards the issue of refugees, the country is obliged to exercise great caution in establishing genuine need, economic sustainability and the protection of the Canadian public.

General Requirements
Immigration Officers receive the claim for refugee status.

If the receiving officers decide the claim has merit, they will refer it to the Immigration and Refugee Board of Canada (IRB).

Officers may refuse to refer the claim to the IRB if the claimant:
  • Has been recognized as a Convention refugee by another country to which he or she can return
  • Has already been granted protected person status in Canada
  • Arrived via the Canada-United States border
  • Is not admissible to Canada on security grounds, or because of criminal activity or human rights violations
  • Made a previous refugee claim that was found to be ineligible for referral to the IRB
  • Made a previous refugee claim that was rejected by the IRB
  • Abandoned or withdrew a previous refugee claim.

  • Subsequently, the IRB decides who is a Convention refugee or a person in need of protection.
IRB Appeals & Federal Court
If an immigration application is unsuccessful, there may be the option to have a decision reversed by the Immigration and Refugee Board (IRB) (specifically the Immigration Appeal Division). If there is no appeal, the next option may be to have the refusal judicially reviewed to the Federal Court. Both of these options are very complicated. However, Canadian courts and tribunals are fair.

The Immigration Appeals Division (IAD) generally hears four types of appeals:
  • Rejected sponsorship applications
  • Appeals of removal orders
  • Residency obligation appeals
  • Minister’s appeals

  • If an applicant has been refused for any immigration or temporary application, a qualified lawyer will review the case to determine if there is a right of appeal, if there is a right to a judicial review, and whether the chances of success are high or low.

    The appeals process is only open to certain types of refused applications. There are strict time limitations to file an appeal. It is very important for failed applicants to determine (a) if there is a right of appeal, (b) the time limitations for filing an appeal, and (c) the chances that an appeal will be successful.

    Hearings are usually open to the public. An appeal before the IAD offers a real chance to enter or remain in Canada.

    Great care should be taken in the preparation of the appeal. The opportunity to uncover mistakes that were made in the original negative decision should be taken advantage of. Where possible, new and supportive evidence should be gathered and introduced at the appeal.

    Presentation before the IAD must be handled with considerable skill. Points in favor of the applicant’s case must be presented in a logical sequence and a persuasive manner.

    There is generally a good chance of success at the appeal stage if the appeal is properly prepared and properly presented. However, the loss of an appeal can have serious consequences for entering or remaining in Canada.
Canadian citizenship comes with significant benefits. Each year, over 170,000 people apply for Canadian citizenship. Becoming a citizen offers rights and privileges in one of the finest countries in the world.

General Requirements:
  • Permanent resident status
  • Length of residency verification
  • Proof of language skills
  • Knowledge of Canada and of rights and responsibilities
  • Proof that no criminal charges or actions by the immigration department are pending against the applicant
  • Depending on age, completion of a citizenship test
  • Attendance at a citizenship ceremony.

  • The actual requirements under this program are complicated. Great care and diligence must be applied in launching an application for citizenship.
The North American Free Trade Agreement (“NAFTA”) contains a special provision that allows citizens of the United States and Mexico relatively quick and simple entry into Canada on a temporary basis. The programs are applicable to persons who qualify as:
  • Business visitors
  • Intra-company transferees
  • Professionals, and
  • Traders and investors.

  • Nationals of the United States and Mexico who wish to come to Canada, and who are engaged in designated occupations and activities, may proceed with application without the involvement of Human Resources and Skills Development Canada. This means that obtaining a Labor Market Opinion, which can be problematic, is not a requirement under NAFTA.

    General Requirements:
    To be eligible under this program an applicant must be:
  • A Mexican or American citizen and
  • A professional whose work is specifically listed and who has pre-arranged employment with a Canadian enterprise in an occupation matching the specified qualifications
  • An intra-company transferee who can meet stipulations pertaining to previous employment in the United States or Mexico, who is transferred to Canada to work in a specified capacity or
  • A trader or investor seeking to carry out substantial trade in goods or services, mainly between Canada and the applicant’s country of citizenship, or conduct substantial investment activities in Canada, in a supervisory or an executive capacity, or in a capacity that involves essential skills, and who can meet all the requirements of NAFTA.

  • The actual requirements under these programs are complicated. Great care and diligence must be applied in launching an application under NAFTA.