Immigrate

Canada offers various options to people who are looking towards a better future and life in Canada and wish to immigrate to this country.

Express Entry

Express Entry which is a unique system the Canadian Government adopted to expedite the Permanent Resident visa process for skilled workers including professionals, engineers, IT Specialists etc. It is an electronic process where one has to submit online application and is based on point system so that quick processing can be done which average around 6 months

The following programs are processed by Express Entry:

Federal Skilled Worker

If you are a worker having valid work experience in a foreign country, you can immigrate to Canada and that too forever and we are the one who can help you.

The Federal Skilled Worker immigration program allows several newcomers to enter the nation annually. This is one of the three programs under the Express Entry program of Canada that gives skilled workers an opportunity to immigrate to the country.

• Federal skilled worker is the first category wherein one must have professional work experience of at least one continuous year of full-time paid work experience or the equivalent in part-time continuous employment listed in the National Occupational Classification (O, A or B) in the last 10 years in one of the 347 eligible occupations. ORHe/she must qualify for Arranged Employment In Canada with a full-time, permanent job offer from a Canadian employer along with a Labor Market Impact Assessment (LMIA) or without an LMIA if one is exempted. OR

  A Canadian diploma, certificate, or credential AND/OR a foreign educational credential, and an Educational Credential Assessment (ECA) by an agency approved by IRCC to show it is equal to a completed Canadian secondary or post-secondary educational credential.

• He/She must meet the minimum language score of CLB 7 on the Canadian Language Benchmark, or equivalent.
• Have settlement funds to support himself/herself and his/her family for six months after arrival in Canada.
• One must also score a minimum of 67 points out of possible 100 in order to qualify. The selection factors on which points are given include:-

• Education qualification : Maximum points under this category are 25 which are awarded to persons with Doctorate degrees(Phd) so on and so forth.
• Language proficiency : Maximum of 28 points are given under this category and a successful candidate must secure at least 16 points. Maximum of 28 points are awarded to proficiency in bilingualism in to official languages of Canada i.e English and French
• Work Experience : Maximum 15 points are awarded under this category and a successful candidate must obtain at least 9 marks.
• Age : Maximum 12 points are awarded to candidates between 18-35 years. After 35 years 1 point is deducted for every year and hence 0 point after 47 year.
• Arranged employment in Canada : Maximum 10 points under this category. Candidates who have validated Employment offer get 10 points.
• Adaptability : Maximum 10 points are awarded under this category. Applicants with at least one year full time Canadian Experience in a managerial, professional, technical or skilled trade are awarded 10 points. Further a validated employment offer provides 5 Adaptability points. Other considerations for awarding points under this category include, a close adult relative living in Canada, Applicant or spouse having studied in Canada, spouse has knowledge of one of the official languages in Canada.

Once selected from the Express entry Pool and awarded with an Invitation to Apply (ITA), candidates and their dependents must also undergo medical examinations and obtain security clearances as part of the Canadian immigration application process.

Canadian Experience Class 

The Canadian Experience Class is part of the Economic Class and this is managed by the Express Entry program. Approximate processing times are currently 6 months once an Invitation to Apply (ITA) is received.

To be eligible to apply under this category one must meet the following requirements:-

• He/She must have obtained at least one year of full-time skilled, professional or technical work experience in Canada within 36 months of the application date. Please be aware that Self-Employment or work experience gained while being a full-time student does not count under this category.
• The job experience must be in a Managerial job (NOC skill level 0), Professional job (NOC skill type A), Technical jobs and skilled trades (NOC skill type B)
• He/She must meet the minimum language score of CLB 5 or CLB 7 on the Canadian Language Benchmark, depending on the level of the job
• Plan to live and work outside of the province of Quebec (individuals with work experience in Quebec and who plan to reside in Quebec may apply to the Quebec Experience Class).

Final Criteria before getting Permanent Residence: Once selected from the Express entry Pool and awarded with an Invitation to Apply (ITA), candidates and their dependents must also undergo medical examinations and obtain security clearances as part of the Canadian immigration application process. This category of The Canadian Experience Class offers students with Canadian work experience the fastest and simplest path to achieve permanent residence(PR) in Canada.
After completing a program or course of study at a Canadian educational institution, international graduates are able to remain in the country and work on post-graduate work permits. Once a graduate obtains at least one year of Canadian work experience in a skilled, professional or technical field, they may then become eligible to apply under the Canadian Experience Class.

Valid option for International Students: The Canadian Experience Class offers students with Canadian work experience the fastest and simplest path to achieving permanent residence. After completing a program or course of study at a Canadian educational institution, international graduates are able to remain in the country and work on post-graduate work permits. Once a graduate obtains at least one year of Canadian work experience in a skilled, professional or technical field, they may then become eligible to apply under the Canadian Experience Class.

Federal Skilled Trades Class 

This class is designed to bring immigrants to Canada who can establish themselves economically in the country.
The Federal Skilled Trade Class is part of the Economic Class and this is managed by the Express Entry program. Approximate processing times are currently 6 months once an Invitation to Apply (ITA) is received. Eligibility criteria under this programme are as under:-

• The prospective candidates must have offers of employment from up to two employers in Canada of at least one year duration (accompanied by an LMIA) OR a Certificate of Qualification from a provincial or territorial body
• He/She must meet the minimum language score of CLB 5 for speaking and listening, CLB 4 for reading and writing.
• He/She must have obtained 24 months of qualified work experience in the skilled trade in the last five years
• He/She must be qualified to meet the requirements of the job offer(s) or trade in Canada, as defined by the NOC.

There are a total of 90 eligible occupations under this category which fall under following general categories:

• Industrial, electrical and construction trades
• Maintenance and equipment operation trades
• Supervisors and technical occupations in national resources, agriculture and related production
• Processing, manufacturing and utilities supervisors and central control operators
• Chefs and cooks
• Butchers and bakers

Certification or Offer of Employment :

Trade certification in Canada falls under provincial jurisdiction. Each province outlines which professions will be regulated and establishes regulatory bodies where applicable. Provincial certification is often difficult to obtain from outside Canada and accordingly this program will be most beneficial to tradespeople who obtain an approved offer of employment from a recognized employer, or who are already working in Canada as temporary foreign workers. Not all trades are regulated in all of the provinces. Where a trade is not regulated, an offer of employment becomes mandatory.

Trades people who obtain an approved offer of employment for one year or more in their trade from a Canadian employer are also eligible to apply. The offer of employment will be evaluated to ensure that it is an eligible trade and that the hiring will have a neutral effect on the Canadian Labour Market.

Final Criteria before getting Permanent Residence:

Once selected from the Express entry Pool and awarded with an Invitation to Apply (ITA), candidates and their dependants must also undergo medical examinations and obtain security clearances as part of the Canadian immigration application process.

Provincial Nominee Program 

For candidates who have PNP sponsorship from a province. There are many programs candidates can apply under this category.

Eligible criteria under PNP

One must meet the eligibility requirements for one of the Immigration Programs that are processed by Express Entry. Each program has its own eligibility requirements. If one meets the requirements, an expression of interest to apply can be made by creating a profile detailing personal information including skills, work experience, language ability (test scores), education.

All candidates who meet the eligibility requirements to apply will be placed into a pool and are ranked using a Comprehensive Ranking System. Periodically, a certain number of the highest ranked applicants will be invited to apply for Permanent Residence and are granted 600 points which is added to their express entry score. Once a candidate receives an Invitation to Apply (ITA), they have 90 days to submit an application for permanent residence with ALL necessary accompanying documents. All required documents must be submitted within this timeline, otherwise they will be refused. After completing the process, successful candidates and their dependents (spouse and children) can land in Canada as Permanent Residents and be on their way to becoming Canadian Citizens.

Candidates who are in the Express Entry pool and have yet to receive an ITA (invitation to apply), will remain in the pool for 12 months and may be selected at a future date. If a candidate is not selected after being in the pool for 12 months, a new expression of interest can be made by creating another profile.

Benefits of applying under PNP program

Once a Provincial Nominee Certificate is granted, you receive 600 point that goes towards your Express Entry score. On average, individuals without a PNP certificate will score between 300 and 500. The most recent cutoff scores to be selected for Express Entry have been in the 400 – 500 range. Individuals with a PNP Certificate automatically are granted 600 points to add to their Express Entry core of 300-500 points. The PNP certificate would give a final Express Entry score above 900 which is significantly higher than the current cutoff selection score of around 400-500 points.

Business Investor

Business visa is granted to business visitors in Canada. One is classified as a business visitor if he fulfills following criteria:-

1. If someone is coming to Canada to take part in international business without being part of the Canadian labour Market.
2. If someone is visiting Canada to look for expanding his business by either investing or developing business relationships

Business visitors generally stay in Canada for few days/weeks but maximum stay allowed is 6 months as is the case for visitor visa.

For qualifying as a business visitor one must satisfy following conditions:-

• To establish that his/her stay is less than 6 months
• One must establish that he/she is not trying to enter Canadian labour market
• One must establish that his main business and source of income is outside of Canada.
• One must have valid documents to establish all above points plus he/she must have valid travel documents, have enough money for duration of stay and for return.
• One must also establish that he plans to leave Canada at end of his visit and he/she is not a health/security risk to Canada.

As a business visitor one can undertake following activities in Canada:-

• He/she can buy Canadian goods
• Can take orders for goods and services
• Can attend meetings, conferences, trade fairs and other such activities.
• Can get training by Canadian parent company.
• Can get training from Canadian company from whom they have purchased goods or services.

Family Sponsorship

Any Canadian citizen or a permanent resident of Canada, age 18 or over, can sponsor his/her family members to become Canadian permanent residents. As permanent residents, they can live, study and work in Canada.However a sponsor is responsible for supporting his/her relatives financially when he or she arrives. There are only predefined relations whom one can sponsor.

These are as follows:-

• Spouse(Husband or wife as the case may be), common-law partner or conjugal partner
• Parents and Grandparents : which include father, mother, grandfather or grandmother
• Dependent child : one’s own or adopted but must be 21years or younger
• Other relatives : only Lonely Canadians who do not have any other family member can sponsor their relatives

Definition of Relationships

• Spouse – Legally married husband or wife.
• Common-law partner – common-law partner, either of the opposite sex or same sex, if they have been living together in a conjugal relationship for at least one year in a continuous and uninterrupted 12-month period and have combined their affairs to set up a household.
• Conjugal partner – This category is for partners, either of the opposite sex or same sex under exceptional circumstances beyond their control that prevent them from living together and therefore they cannot qualify as common-law partners or spouses

Sponsorship Obligations

All sponsors must sign an undertaking to provide the sponsored person with the basic requirements from the day they enter Canada until the term of the undertaking is over. This undertaking is a contract between the sponsor(s) and IRCC that the sponsor will be under obligation to repay the government for any social assistance payments made to the sponsored person for the entire period of the contract, even if there are changes of circumstances such as marital breakdown, separation, divorce, or a financial change in circumstances.

• In the case of a spouse, common-law partner or conjugal partner this obligation is for the period of three years.
• In the case of a child under the age of 19 years, of the sponsor or the spouse, this obligation commences on the day that the child becomes a permanent resident of Canada for the period of 10 years or until the child reaches the age of 25 years, whichever comes first
• In the case of a dependent child over the age of 19 years, this obligation is for a period of three years.
• In the case of parents and grandparents, the sponsorship obligation extends for a period of 20 years from the date in which the member becomes permanent resident. For all other family members, the obligation is for a duration of 10 years. The Supreme Court of Canada, in its 2011 judgment of Attorney-General of Canada vs. Mavi, the court decided that while a sponsor’s obligation to reimburse the state for benefits collected by his or her relatives can be deferred in some circumstances, but in no case it can be wiped off the books entirely.

Citizenship

Canada offers citizenship by birth as well as through naturalization.
For acquiring citizenship through naturalization, the applicants must be permanent residents (PR) of Canada for at least three years and there are certain other requirements:-

• The applicant must be a permanent citizen of Canada for at least 3 years during the last 5 years.
• He/She must have been physically present in Canada for at least 183 days during any of the three qualifying calendar years that are fully or partially within the five years immediately before they apply.
• He/She must have met all applicable requirement under the Income Tax Act to file income taxes for any four taxation years that are fully or partially within the six years immediately before they apply.
• He/She must Intend to reside in Canada OR work outside Canada in or with, or
  accompany certain family members employed in or with: the Canadian Armed Forces or the federal public administration or the public service of a province
• He/She must be able to communicate (speak and understand) in English or French (if they are 65 years of age or older, this does not apply)
• He/She must be able to demonstrate, in English or French, knowledge about Canada and the responsibilities and privileges of citizenship (if they are 65 years of age or older, this does not apply)
• He/She must be at least 18 years old

Minor Application (under 18 years of age)

Minors who are under 18 years of age can also apply for citizenship provided he/she is an permanent resident and has a parent who is either a Canadian citizen, or who is applying for citizenship at the same time. They need to deposit only the processing fee along with application and are not required to to take the citizenship test.

Applicants are ineligible for Canadian citizenship if He/She

• is under a removal order
• Have a criminal record or are facing charges in Canada
• Been refused Canadian citizenship as a result of misrepresentation
• Had his/her Canadian citizenship revoked

Processing of Citizenship Application

Fully completed applications are submitted to the citizenship office in Sydney, Nova Scotia where they are pre-screened to ensure that the application is complete in all respects and the 4-year residence rule has been complied. Within 12 months from submission, applicants will be required to attend an interview to demonstrate their knowledge of Canada in one of Canada’ Official languages.

Citizenship Language Requirement

All adult applicants (over 18 years of age) for citizenship must provide evidence of their knowledge of one of Canada’s official languages (English or French) on the date their application is submitted. The minimum language abilities to be met are described in the regulations as the capacity to:

• Be able to take part in short, every day conversations in any of official language
• Be able to understand simple instructions in any of official language
• Be able to use basic grammar, simple structures and tenses in oral communication
• Be able to use vocabulary that is adequate for routine oral communication

The applicant for Citizenship must have English or French speaking and listening abilities that meet the language requirements described in above points. Written proficiency is not necessary. Evidence of language proficiency must include one of the following:

• Results of an IRCC approved language test
• Diploma or transcripts showing secondary or post-secondary education in English or French
• Results from a government funded language course showing CLB 4 or NCLC 4 or higher.

Individuals who have already undergone language testing while applying for permanent residence(PR) can use those results as evidence of proficiency, even if they have expired. Language tests currently approved by IRCC for citizenship application purposes are:

• International English Language Testing System (IELTS)
• Canadian English Language-Proficiency Index Program (CELPIP)
• Test d’Évaluation Française (TEF)
• Test d’Évaluation du Français Adapté au Québec (TEFAQ)

Citizenship Refusal

If one’s application for Canadian citizenship is refused, He/She may appeal to the Federal Court of Canada. The first step in the appeal process involves filing a Notice of Application to the Federal Court within 30 days of receipt of the decision from Citizenship. This timeline is very important and must be adhered to.