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Permanent Residence 2017-08-16T20:43:26+00:00

Permanent Residence

Express Entry

Provincial Nominees

Caregiver Program

Family Sponsorship

Humanitarian and Compassionate Class

Refugees

Business / Investor Immigration

Express Entry

As of January 2015, a new selection system titled ‘Express Entry’ is in effect to simplify the process of selection of candidates for permanent residence in Canada. To enter the system, all potential candidates are required to create an online profile with the system. Only the candidates whose profiles meet the selection requirements will be admitted to Express Entry pool. The selection requirements consider the following factors:

  • Age;
  • Education: this section takes into account your secondary and post-secondary diplomas. Your foreign credential must be assessed against Canadian standards of education by one of the authorized organizations for the purposes of immigration;
  • Language Proficiency: in French and/or English;
  • Work Experience;
  • Arranged Employment in Canada;
  •      A job offer now only need to be for a minimum of one year from the time you become a permanent resident. 
  • Adaptability: this section assesses factors beyond the minimum set-out requirements such as the candidate’s and their spouse’s or common-law partner’s education level, language proficiency, previous work or/and study in Canada.

Profiles accepted into the Express Entry pool are assessed against the Comprehensive Ranking System. Top-ranking profiles are regularly selected by Citizenship and Immigration Canada to be invited to apply for permanent residence in Canada.

You may apply under the following immigration categories:

  • Federal Skilled Worker or Skilled Trades:for skilled worker applicants who would like to reside in any province or territory, except Quebec.
  • Quebec Skilled Worker: for skilled worker applicants who wish to immigrate to the Province of Quebec.
  • Canadian Experience Class: for applicants with existing Canadian work experience in a skilled occupation who wish to reside in any province or territory, except Quebec.
  • Provincial Nomination Program (PNP) Skilled Workermany Canadian provinces have created specific skilled worker programs for those intending to live and work in their particular province or territory. These are fast-track Canadian Immigration (Permanent Residency) programs. For province-specific information, please visit British Columbia PNP, Nova Scotia PNP, and Prince Edward Island PNP to read more.

Federal Skilled Workers

The Federal Skilled Worker Program allows individuals to be selected for permanent residency upon the merit of their ability to become economically independent or established in Canada.  In order to be eligible for this category, candidates must fit one of the following three criteria:

  • Have an offer of arranged employment in Canada; or,
  • Have been living in Canada legally for at least one year as either a temporary foreign worker or international student; or,
  • Have at least one year of experience as a skilled worker in one of the occupations from NOC 0, A or B

Federal Skilled Trades

To apply under this program, a prospective candidate must meet certain requirements:

  • Choose to reside outside the province of Quebec (for those planning to settle in the Province of Quebec, the province has created its own immigration program – please refer to Quebec-selected skilled workers for more information);
  • Prove minimum language proficiency in English and/or French;
  • Have eligible work experience: no less than two years of full-time work experience (or equivalent in part-time) as a skilled trade professional within the last five years;
  • Have an offer of full-time employment in Canada for period of one year or longer; OR,
  • Pass certification with a Canadian authority in the chosen skilled trade and be issued the appropriate certificate of qualification.

Canadian Experience Class

The Canadian Experience Class Program was designed to retain individuals who have gained official work experience in Canada in one of the skilled occupations (managerial, professional or skilled jobs, trades) and proved themselves as able to successfully adapt to living and building their career in Canada. Candidates that qualify under this class may be invited to stay and apply for permanent residence in Canada.

To apply under this program, a prospective candidate must meet certain requirements:

  • Have at least 12 months of full-time skilled work experience (or equivalent in part-time) in Canada within the three years preceding the date of application. Please note that eligible Canadian work experience must have been gained during a period wherein the applicant was legally admitted to Canada and authorized to work;
  • Prove minimum language proficiency in English or French, as required for the job in question;
  • Intend to settle outside the province of Quebec (Quebec has a separate process for skilled workers immigration – see Quebec Skilled Workers to learn more ).

 

We will assess your chances of applying for permanent residence in Canada in the Federal Skilled Workers Program at no cost for you. Please answer the questions of our Free Assessment Form, and we will respond with your chances.

Provincial Nominees

The Provincial Nomination Program was designed to help provinces support the immigration process of those who wish to both settle in their province and who will be able to contribute to its economic development.

Ten provinces have signed an agreement with Canada whereby they may nominate a certain number of persons to become permanent residents within their territory, based on the results of such an individual’s assessment and ability to help the province prosper. Applications processed through a Nominee Program are significantly shorter than those done through other Canadian Immigration programs.

Each province has its own qualifications with respect to its own economic and labour needs.

Caregiver Program

The Caregiver Program, previously known as the Live-in Caregiver Program, allows professional caregivers to work in Canada for up to 4 years. Caregivers are individuals who are qualified to work without supervision in a private household providing care for children, elderly, people with disabilities and/or high medical needs.

Employment and Social Development Canada has always acknowledged the shortage of caregivers in this country, thus providing an opportunity for Canadian families to hire foreign caregivers to care for their loved ones.

One of the reasons for the program’s high popularity was the direct pathway to permanent residence that it offers for foreign caregivers and subsequently for their families upon the completion of 2 years of full-time work in Canada.

This decades’ old immigration program has recently seen significant changes wherein Citizenship and Immigration Canada has introduced 2 new streams in addition to the existing live-in caregiver program.
One of the main changes was the lifting of the ‘live-in’ condition, which was a mandatory requirement under the old program. Following the changes implemented in the Temporary Foreign Worker Program as of November 30, 2014, caregivers are no longer obligated to reside in their employers’ dwellings.
Another significant change introduced in November 2014 was the annual cap of 2,750 applications accepted under each of the streams. This change was implemented due to a huge back log of almost 60,000 applications that have been sitting in the processing pipeline for the past few years.
The new Caregiver Program, as implemented for Labour Market Impact Assessment (LMIA) applications received by Service Canada after November 30, 2014, will be delivered in two streams:

  • Caring for Children (under 18 years of age)
  • Caring for People with High Medical Needs

In addition, the current Live-in Caregiver Program will remain in effect for all live-in caregivers who:

  • Currently are employed under an LMIA received by Service Canada prior to November 30, 2014;
  • Applied for the initial work permit under an approved LMIA received by Service Canada prior to November 30, 2014;
  • Complete the work requirement of the Live-in Caregiver Program.

‘Caring for Children (under 18 years of age)’ Stream

To qualify for Permanent residence under this stream you must meet the following requirements:

  • Complete 3,900 hours of authorized full-time work within four years from the time of arrival in Canada as a home child care provider (NOC 4411);
  • Demonstrate the Canadian Language Benchmark 5 as verified by the results of a designated third-party language test;
  • Complete a Canadian post-secondary education credential of at least one year, or an equivalent foreign credential supported by a designated third-party Educational Credential Assessment.
    ‘Caring for People with High Medical Needs’ Stream

To qualify for permanent residence under this stream you must meet the following requirements:

  • Complete 3,900 hours of authorized full-time work within four years from the time of arrival in Canada providing in-home or health facility care to persons with disabilities, chronic disease, or elderly people above 65 years of age as a registered nurse, registered psychiatric nurse, a licensed practical nurse, a nurse aide, a patient service associate or a home support worker;
  • Be licensed to practice in Canada, if applicable (for nursing occupations);
  • If applying as a registered nurse or registered psychiatric nurse, you must satisfy the Canadian Language Benchmark 7 as supported by the results of a designated third-party language test;
  • If applying in any other qualifying occupation, you must satisfy the Canadian Language Benchmark 5 as supported by the results of a designated third-party language test;
  • Complete a Canadian post-secondary education credential of at least one year, or an equivalent foreign credential supported by a designated third-party Educational Credential Assessment.

To be eligible under this stream, the Temporary Foreign Worker must demonstrate that they performed two-years of duties in Canada, as described in one of the following National Occupational Classifications:

  • Registered nurses and registered psychiatric nurses (NOC 3012)
  • Licensed practical nurses (NOC 3233)
  • Nurse aides, orderlies and patient service associates (NOC 3413)
  • Home support workers and related occupations, but not Housekeepers and related occupations (NOC 4412)

We have assisted hundreds of caregivers in becoming Canadian Permanent Residents upon meeting the program requirements. We will be glad to be of assistance to your specific situation. Please contact us for an assessment of your eligibility to apply under this program.

Family Class Immigration

Canadian citizens and permanent residents of Canada (residing in Canada) and Canadian citizens (residing outside Canada) who are 18 years of age or older are allowed to sponsor certain family members to come to Canada under the Family Class.

According to the definition provided by Immigration Regulations, a foreign national is a member of the Family Class, if, with respect to a Canadian Sponsor, the foreign national is a:

  • Spouse (including same-sex spouses), common-law or conjugal partner who is 18 years of age or older;
  • Dependent child (no matter which parent is supporting the child, and also including children adopted overseas);
  • Father or mother;
  • Grandfather or grandmother;
  • Orphan under age 18, if sibling, niece or nephew, or grandchild of sponsor;
  • Child under age 18 to be adopted in Canada;

If the sponsor does not have any members of Family Class that are already Canadian citizens or permanent residents, nor has any family members that could be sponsored as members of Family Class in the categories listed above, then the sponsor may sponsor another relative of any age with whom they have a familial relationship.

Spouse or Common-Law Partner Sponsorship

Canadian citizens living outside of Canada may sponsor their spouse, common-law partner, conjugal partner who have not been convicted of an offense causing bodily harm, provided that they are able to demonstrate that they will reside in Canada after their sponsored landing(s).

Permanent residents residing abroad may not sponsor family from outside Canada. Furthermore, a spouse or common-law partner in Canada may only file an in-Canada application to sponsor their spouse or common-law partner if they are already cohabiting in Canada. Otherwise, the application must be filed through a visa office – these areas of the application process can give rise to confusion and challenges for sponsors. In order to receive the visa in question through this immigration program, the sponsor and sponsored person must prove that their relationship qualifies under one of three categories:

  • Spouse;
  • Common-Law Partner; or,
  • Conjugal Partner.

Note: Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply under any of the above three categories, provided they meet all eligibility requirements.

Individuals sponsored to come to Canada by their spouse, common-law partner or conjugal partner are granted conditional permanent resident status with certain conditions and obligations attached depending on the status of their relationship at the time of sponsorship. These conditions are:

  • The sponsor is financially responsible to support the sponsored partner for three years even if the marriage or relationship fails.
  • Individuals who come to Canada as spouses are banned from sponsoring a new spouse in turn for 5 years after receiving Canadian Permanent Residency;
  • On April 18, 2017, the Government of Canada has REMOVED the two years condition that applied to sponsored spouses or partners of Canadian citizens and permanent residents to live with their sponsor in order to keep their permanent resident status.

Child Sponsorship

A dependent child, both natural and adopted, may be sponsored to live with the Canadian parent(s) as Permanent Residents in Canada if the child:

  • Does not have dependent children of their own;
  • Is under 19 years of age.

A child will still be considered as a dependent if they have depended substantially on their parents for financial support since before the age of 19 and cannot independently support themselves financially due to a mental or physical condition.

 Note:

The new age limit of “under 22” will come into effect this fall, on October 24, 2017, raising it from the current “under 19” requirement. The increased age will apply to new applications for all immigration programs under Immigration, Refugees and Citizenship Canada, including for refugees. Children who are 22 years of age or older and who rely on their parents due to a physical or mental health condition will continue to be considered dependent children.

Parent and Grandparent Family Class Sponsorship

Under present criteria, a maximum of 10,000 applications under the Parent and Grandparent sub-category will be accepted for processing each calendar year. To be eligible for Family Class sponsorship, the sponsor in Canada must meet the following requirements:

  • Be a Canadian citizen or Permanent Resident;
  • Be 18 years of age or older;
  • Demonstrate, for a period of 3 consecutive years prior to sponsorship, income greater than the annual Minimum Necessary Income for the program published by Citizenship and Immigration Canada. Only official documents issued by the Canada Revenue Agency (CRA) will be accepted to demonstrate income for the three years prior to submission;
  • Sign an undertaking to financially support the parent or grandparent, and reimburse the government for any social assistance paid out to the relative, for a period of 20 years from the date of permanent residence. If the sponsor resides in Quebec, an additional ‘undertaking’ must be signed.

For those who wish to bring their families to Canada, the Super Visa still remains a quick and easy way to reunite parents and grandparents with their loved ones.

Humanitarian and Compassionate Class

Most applications for Canadian permanent residence need to be brought to a Canadian Visa Mission overseas; however, the Humanitarian and Compassionate case category provides an avenue by which one can apply for permanent residence from within Canada. Section 25 of IRPA (Immigration and Refugee Protection Act) permits individuals who are already in Canada and facing exceptional circumstances to apply for permanent residence on humanitarian and compassionate grounds. Applicants must show that these circumstances are unusual, undeserved, and indeed exceptional. If the immigration authorities are of the opinion that such special circumstances exist, the individual will be granted an exemption from visa requirements and permission to remain in Canada as a permanent resident.

In most cases, the applicant’s establishment in Canada, his or her familial ties to Canadian citizens or permanent residents, and interests of a child will be taken into consideration, as well as the degree of hardships that the applicant would experience if he or she were subject to deportation from Canada.

Applicants of the Humanitarian and Compassionate case category, however, are not exempt from the requirements of passing medical, criminal, and background clearances.

Who Can Apply on Humanitarian and Compassionate Grounds?

You may apply for permanent residence based on these grounds if you meet the following requirements:

  • You currently reside in Canada;
  • You do not qualify to apply for permanent residence from within Canada in any other classes: Spouse or Common-Law Partner, Live-in Caregiver, Protected Person/Refugee, Temporary Resident Permit Holder;
  • You believe that you would experience disproportionate hardship if required to leave Canada.

We have successfully handled hundreds of cases of applications for humanitarian and compassionate consideration and will be glad to be of service to you. Please contact our office for more information on this category and a pre-assessment of your situation requiring the humanitarian and compassionate approach.

Refugee Claims

Canada provides asylum for those in need of protection that are able to prove to the Immigration and Refugee Tribunals and Canadian Visa Missions overseas that their lives are in danger in their home countries or the countries of their habitual residence.

Canada is proud of its historic tradition of extending protection to those individuals who were unable to obtain adequate protection from their governments or states. Protection is offered to individuals seeking asylum under the 1951 Geneva Convention of Refugees (refugee claims based on prosecution for a political opinion, religious beliefs, sexual orientation, or membership in a specific group), and under the Convention against Torture wherein asylum is extended to persons facing threats to their lives or cruel and unusual punishment.

Claims for protection are assessed on the basis of their merits. Within Canada claims for protection are heard by Tribunals of Refuge Boards, while overseas claims are assessed by the Officers of Canadian Visa Missions. Most often, the nature of the claim is presented by way of written submission and later heard at a claimant interview with a visa officer.

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