For individuals seeking to immigration to Canada as a Federal Skilled Worker, in the Canada Experience Class or in the Federal Skilled Trades Program, the first step is to submit basic information into an electronic "pool". This information includes the results of an official language test and, for any education not attained in Canada, the results of an Educational Credential Evaluation. If an application does not already have an approved Labour Market Impact Assessment, it is also necessary to register with the JobBank. Every few weeks, Immigration Refugees and Citizenship Canada will make a "draw" of the best candidates from the pool based on selection criteria that they will make known before the draw. Prospective applicants may remain in the pool for a maximum of 12 months.
Federal Skilled Workers
Skilled workers are assessed based on a Selection Grid (points system). This grid assigns points for education, language ability, employment experience, age, arranged employment in Canada, and adaptability. An applicant must have a minimum of one year of work experience within the past 10 years in a management occupation or in an occupation normally requiring university, college or technical training.
Sixty-seven (67) points out of one hundred (100) must be attained in categories such as age, education, language ability, adaptability, work experience and availability of arranged employment.
Canada Experience Class
This category is designed for individuals who have worked or studied in Canada for specified durations of time and meet language requirements.
Federal Skilled Trades Program
This program is for individuals who are qualified in a skilled trade. To be eligible, an applicant must have at least 2 years of full time work experience in a skilled trade within the five years prior to applying and meet the NOC requirements for the particular trade. As well, an offer of full time employment and a certification of qualification from a provincial authority is required.
Individuals who have experience in managing a farm or who have experience in dealing with cultural or athletic activities may be eligible to apply under this Category provided that they meet certain selection criteria.
Start Up Business Class
This category grants permanent residence to foreign entrepreneurs who are able to secure a minimum investment for their business venture through one of the government's designated venture capital firms, angel investor groups or business incubator organizations.
Family Class Sponsorships
A Canadian citizen or permanent resident who is at least 18 years old can sponsor certain relatives to come to Canada. Those individuals who can be sponsored are spouse, conjugal or common law partners; dependent children (including adopted children) under the age of 19; parents and grandparents; and other certain relatives.
Humanitarian and Compassionate Cases
Canadian Immigration law allows for applicants for permanent residence to request that humanitarian and compassionate considerations be taken into account if they are inadmissible or do not meet the requirements of the Immigration and Refugee Protection Act. The decision as to whether to approve any such application is a discretionary one. It should be noted that there are some exceptions such that some prospective applicants for permanent residence are not able to ask for such considerations to be taken into account.
(including various entrepreneur and investor programs)
Each province has a unique program designed to attract immigrants who meet labour market and other needs. Many are based on job offers or developing a business.
(skilled workers, entrepreneurs, investors)
Quebec has its own immigration program that is unique to the province and is not considered one of the Provincial Nominee Programs.
Immigrant Investor Venture Capital Pilot Program
There are only approximately 50 spaces in the program and investors who can demonstrate that that they have a legally obtained net worth of $10 million will be required to make a $2 million non-guaranteed investment
for 15 years into a designated venture capital fund.
Litigation and Other
Immigration and Refugee Board
The Immigration and Refugee Board is Canada's largest administrative tribunal. It has four divisions.
Refugee Protection Division
The Refugee Protection Division considers claims by those who assert they should be recognized as Convention Refugees or who are people in need of protection.
Refugee Appeal Division
The Refugee Appeal Division hears appeals from the Refugee Protection Division.
The Immigration Division conducts detention reviews and as well conducts hearings into possible inadmissibility to Canada.
The Appeal Division considers appeals of removal orders by the Immigration Division (though not all people have such a right of appeal) and also considers appeals of refusals by overseas visa posts of family sponsorship applications.
One can ask the Federal Court to review an immigration or citizenship decision made by the Immigration and Refugee Board or a decision made by Citizenship and Immigration Canada or Canada Border Services Agency where the Board did not have jurisdiction to make an initial decision or consider an appeal. Generally the Court will have to agree to hear the case . The Court considers the evidence that was before the decision maker whose decision is being challenged and does not hold a new hearing.
We assess applications of permanent residents in order to determine if they are eligible to file an application for Canadian citizenship pursuant to the Citizenship Act that is in force at the time. As well, we advise on grants of citizenship and the circumstances wherein Canadian citizenship can be transmitted from one generation to the next. In addition, we can be retained to file Citizenship Appeals.
Permanent Residence Cards
A permanent resident (PR) card is the official proof that an individual is a permanent resident of Canada. A valid PR card is required when re-entering Canada on a commercial vehicle. Most cards are valid for five years.
Residency Obligation Issues
In order to maintain residence status, with some limited exceptions, a permanent resident must physically reside in Canada for 730 days in every 5 year period. In order to officially lose your permanent residence there is a report written and an opportunity to respond.
Permanent Residents who are returning to Canada from abroad are generally expected to show their permanent resident cards before boarding commercial transportation and upon their arrival in Canada. Sometimes permanent resident swill not have a valid card with them for various reasons including loss, expiry, or that they never had one. In such instances permanent residents can apply for a travel document in order to return to Canada. Whether they are issued one depends on a number of matters including how much time they have spent in Canada in recent years and when they were last in Canada
Relinquishment of Permanent Residence
There are different procedures regarding voluntary relinquishment of permanent residence status depending on whether such status was granted under the former Immigration Act or under the current legislation.