immigration to canada

IMMIGRATION  TO  CANADA

Permanent Status in Canada
Independent/Skilled Worker Class

General Applications to live and work in Canada using your education, skills and work experience.

Family Class Sponsorship of an applicant by Canadian family - see below for qualifying relatives.
Business Class For those with business and/or managerial experience.
Temporary Status in Canada
Work Permit
Study Visa
Visitor Visa


Permanent Status In Canada

Independent or Skilled Worker Class

A skilled worker, in Canadian Immigration terms, is defined as someone who has active work experience for at least 1 year full-time within the past 10 years, in either a Management position or a professional, technical, skilled or paraprofessional occupation. This category does not include intermediate level clerical workers, elemental sales or service functions or primary labour occupations which do not qualify to immigrate to Canada under this class.

Applicants are assessed by Citizenship and Immigration officials according to various selection criteria which include the factors listed below. Should you be planning to immigrate with your spouse or partner, their information should also be provided with yours for combined assessment, as it will be required to further qualify and promote your Application for Immigration. In the event that your spouse/partner is in a better position than you to qualify for Immigration to Canada, it may be recommended that the Application be made primarily in their name.

(i)
Education and Work Experience
(ii)
English and French Language ability
(iii)
Age
(iv)
Posession of adequate settlement funds to relocate to Canada, job offer in Canada (if any)
(v)
Medical history, criminal record, previous applications

Assessment of the above factors may result in, what we call an unconditional qualification for Immigration to Canada, ie.you do not have to supply further information or satisfy any special criteria, eg. French language ability, but may apply directly for Immigration.

In the event that you do not qualify unconditionally, it will be necessary for a Canadian Visa Officer to further individually assess your ability to economically establish yourself in Canada. This is what we call a conditional assessment and you may commence your Application for Immigration at your discretion.

Pertaining to your Application, the following table gives a basic outline of points allocation for Canadian Immigration:

1. Education: 25 Points
2. Official Languages: 24 Points
3. Experience: 21 Points
4. Arranged Employment: 10 Points
5. Age: 10 Points
6. Adaptability: 10 Points
TOTAL POINTS: 100 Points
POINTS REQUIRED TO PASS: 67 Points

 

Full details of individual personal assessments are provided upon submission of our Free Assessment Form to assist you in establishing eligibility to Canada regarding your Application. Please note that this is a FREE service, provided you adhere to the instructions as given when completing the assessment.


If you do not qualify under the Family or Business Classes, eg. if you have no relatives in Canada and no business/managerial experience, it will be in this Class that we will assist you to apply.

Family Class

Family Class Immigration involves Sponsorship by a relative aged 18 or over and who is either a permanent resident in Canada or a Canadian citizen who is residing in or returning to Canada.

The qualifying Canadian citizen or resident can only sponsor the following relatives as applicants for immigration to Canada:

  • spouse
  • common-law/same-sex partner
  • conjugal partner
  • dependent children under age 22
  • dependent children age 22 and over (if they are full-time students, mentally or physically disabled and dependent upon their parents)
  • children adopted or to be adopted by them, or under their guardianship
  • parents
  • grandparents
  • other prescribed family members where it is warranted under humanitarian and compassionate grounds, based on the last surviving member of the family

Canadian Law has recently changed to allow Immigration sponsorship of common-law and same-sex partners, as well as partners who have been cohabiting in a conjugal relationship for at least 1 year.

Click here to go directly to complete your Free online assessment under the Family Sponsorship category.

Business Class

Canada's Business Immigration Program seeks to promote economic development and employment by attracting people with venture capital, business acumen and entrepreneurial skills to Canada. There are 3 categories of Business Immigration:

(a) 
Investors
(b)
Entrepreneurs
(c) 
Self-Employed


Here are some guidelines to the above categories, however, once you have become our client, we shall assist you to ascertain which subcategory of the Business Class best suits your qualifications and aspirations.

a) Investors

The Immigrant Investor Program (also known as the Investor Category of the Business Class) seeks to attract experienced businesspersons and capital to Canada. This category is ideal if you want to immigrate to Canada but who do not wish to be obligated to engage in any type of business/employment activity upon your arrival. There has been a 55% increase in the number of applicants in this Immigrant Investor Program from 1999-2001.

To be eligible to apply for Permanent Residence in Canada in the Investor Category, you must demonstrate business experience and a minimum net worth of 800,000 CAD (equivalent approximately to 500 000 US dollars or Euro 520 000 or £ 315 000.) Once your Application for Immigration to Canada is approved, you must make a 5 yearinvestment of 400,000 CAD which is repayable, without interest, 30 days after the end of the 5 year period. Your net worth need not necessarily have been created by your own endeavours but, rather, must have been "legally obtained" (eg. an inheritance or gift, etc.). The assets of your spouse/common-law partner/same-sex partner are included when assessing your net worth.

NB As a business investor, however, you must demonstrate that you have a certain level of business experience, which must have been attained during at least 2 of the past 5 years. There are two ways to do this:

(i)      ownership, management and control of a qualifying business of sufficient size; or
(ii)     management of a business, or a portion of a business, without the need to own it, with at least 5 full-time employees.

The investment in the Immigrant Investor Program may be financed and, generally speaking, with a minimum deposit of 135,000 CAD (+/- 84 000 US dollars) you can secure the maximum loan from certain financial institutions in order to complete the required investment of 400,000 CAD (+/- 250 000 US dollars). After the 5 year obligatory investment period, the initial capital deposit will have served to pay the interest on the loan. The cost of this financing option, therefore, represents an amount of 135,000 CAD (as of July 2001). This offer may vary according to Canadian interest rate fluctuations and the financial institution concerned. Although we are not financial investment advisors, on becoming our client we can assist you with investment arrangements and put you in touch with appropriate Canadian Investment Institutions.


Click here to go directly to complete your Free online assessment under the Canadian Immigration Investors program.


b)                     Entrepreneurs

The Entrepreneur Program seeks to attract experienced businesspersons that will own and actively manage businesses in Canada that will contribute to the economy and create jobs.

To apply as an Entrepreneur, you must demonstrate business experience and a minimum net worth of 300,000 CAD (+/-185 000 US dollars). Your net worth need not have been created by your own endeavours but, rather, must have been "legally obtained" (i.e. inheritance, gift, etc.). Assets of your spouse/common-law partner/same-sex partner are also included and should be amalgamated when assessing your net worth.

Unlike Investors, the only way in which an Entrepreneur can demonstrate business experience is through management and control of a qualifying business of sufficient size. You will be required to provide documentation proving that, within any 2 of the last 5 years, you controlled and managed a Qualifying Business that meets any 2 of the defined requirements regarding equity, full-time employees, sales and net income.

Assuming that you successfully apply for and receive Canadian Permanent Residence as an Entrepreneur, you will be required to document that, for a period of at least 1 year within a period of not more than 3 years after landing, you owned and managed a Canadian Business that meets any 2 of the defined requirements regarding equity, full-time employees, sales and net income. In addition, at least 1 incremental, full-time equivalent job must be created for someone other than you and your dependants or immediate family.

For assistance in this category, you are requested to fill out a basic form entering this information to be checked by a registered Canadian Immigration Lawyer, appointed by Accurate Immigration Services. There is no charge for this enquiry.

Click here to go directly to complete your Free online assessment under the Canadian Immigration Entrepreners program.



c)                     Self-Employed

Self-employed persons must have the intention and ability to create their own employment and make a significant contribution to the cultural, artistic or athletic life of Canada, or, to create their own employment by purchasing and managing a farm in Canada.

Only if you have been self-employed in cultural activities or in athletics, or have participated at a world class level in cultural activities or in athletics or have farm management experience are you eligible to apply within this class.

Temporary Status In Canada

The Immigration and Refugee Protection Act and Immigration Regulations not only cover persons who wish to live in Canada permanently but also those who wish to study and/or work temporarily in Canada and persons who wish to visit.

Work Permit

A foreign national may not work in Canada unless authorized to do so. In many instances, a work permit is required and will only be issued by an Immigration officer after Human Resources Development Canada ("HRDC") approves the job offer of a prospective Canadian employer to a foreign national. There are exceptions to this requirement, as well, the circumstances of which vary on a case by case basis. HRDC is not required to provide an opinion on each individual offer of employment. Rather, HRDC may provide this opinion with respect to a single job offer, a group of job offers made by a single employer or a single or group of job descriptions that reflect needs across a range of Canadian employers.

In addition to considering whether the prospective employer has made reasonable efforts to hire a Canadian for the job opening and whether or not the wages and working conditions offered are sufficient to attract and retain a Canadian in the job, HRDC can also consider other elements that might indicate a benefit for Canada and Canadian job-seekers. This approach recognizes that some of these benefits might offset concerns HRDC would otherwise have with respect to the employers' job search efforts.

Work permits will continue to be refused in situations where the HRDC opinion is that the wages and working conditions offered are insufficient to attract and retain Canadian job-seekers. This policy is to ensure that foreign workers are not improperly used by Canadian employers to drive down the wage structure in the Canadian labour market.

In most instances, once HRDC has approved a job offer, you will be contacted by the Canadian visa post (i.e. High Commission/Embassy/Consulate) to which the approval was sent. You may be asked to go to an interview or to send some information by mail and may also be asked to undergo a medical examination at your own expense. In deciding whether you are permitted to work in Canada, officers must examine whether you are genuinely entering the labour market. If you meet all requirements and have all of the necessary documents, will you receive a work permit.

The work permit will state that you can work at a specific job for a specific period of time for a specific employer. A work permit will NOT be issued for you to come to Canada to look for work. It is valid only for the specific job, the specific amount of time and the employer stated on the form.

Study Permit

As a foreign national you may not study in Canada unless you are in possession of a study permit. It should be noted, however, that if the course or study program lasts for 6 months or less, a study permit is not required.

Please take note of the following general information regarding studying in Canada:

(i) Each Canadian university, technical school or community college sets its own requirements. The registrars of these schools can provide information on tuition fees, health insurance, scholarships, lodging and living expenses, and language requirements.

(ii) Every post-secondary student in Canada has to pay tuition fees. The fees vary from school to school and from year to year. The registrar will help you to determine the fees required.

(iii) Canada has 2 official languages: English and French. You will need to know one or the other to follow course lectures and reading assignments. Some post-secondary schools might ask you to take a language test for a small fee. Once again, school registrars can give you information on language requirements.

Visitor Visa

The Immigration and Refugee Protection Act requires all visitors, except those exempt by regulation, to obtain a visitor visa before coming to Canada.

You must therefore demonstrate to visa officials that you have significant family, social, economic and cultural ties to your country of origin and sufficient means to support yourself during your visit to Canada, as well as satisfying visa officials that there is no risk that you will overextend your visit to Canada.

 


The information on this page is intended to be general in nature and does not constitute legal advice. Accurate Immigration Services expressly denies liability and accepts no responsibility for the results or consequences of any legal representation provided by any of the Attorneys or legal firms listed herein
2001 - 2007