Canadian Immigration Regulations at a glance

• Do I qualify for immigration to Canada?
• Which class should I apply under?
• What conditions do I need to satisfy?
• How long does it take to process a visa? Click here for more information

To help answer some of these questions here is a brief introduction to the Canadian immigration system...

Essentially, there are four main ways to emigrate to Canada. You can
apply under one of three permanent residence classes:

Skilled Worker

Family

Business

The fourth option is to apply for a Temporary Residence Visa.

LATEST UPDATES - For recent changes and news on Canadian immigration policies and regulations, please click here

SKILLED WORKER

This is the most popular class, with applicants allocated points on the basis of a range of eligibility factors related to their ability to become economically established in Canada.

Firstly, for a Federal Skilled Worker application to be deemed eligible for processing, you must;:-

• include the results of your official language proficiency test, AND
• have a valid offer of “arranged employment”, OR
• have one year of continuous full-time paid work experience in at least one of the 29 occupations listed below.

Note: The occupations above are all Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian NOC list.

If you meet these minimum requirements, your application will then be processed according to the six selection factors in the skilled worker points grid. The six selection factors are:

• your education (Applicants are awarded up to 25 points).
• your abilities in English and/or French, Canada’s two official languages (Applicants are awarded up to 24 points).
• your work experience (Applicants are awarded up to 21 points).
• your age (Applicants are awarded up to 10 points)
• whether you have arranged employment in Canada (Applicants are awarded up to 10 points).
• your adaptability. (Applicants are awarded up to 10 points).

Applicants must achieve a minimum of 67 points out of 100. You must also show that you have enough money to support yourself and your dependents after you arrive in Canada.

If you are applying under one of the 29 eligible occupations, as of June 26, 2010, a maximum of 20,000 Federal Skilled Worker applications will be considered for processing in the following 12 months. Within the 20,000 cap, a maximum of 1,000 Federal Skilled Worker applications per eligible occupation will be considered for processing each year.  These limits do not apply to applications with an offer of arranged employment.

New federal skilled worker applications that do not meet the eligibility criteria outlined above will not be processed and the application fee will be refunded by Citizenship and Immigration Canada.

Click here - for further details of eligibility criteria and application processing times.

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FAMILY

There is also the family visa for persons who have qualifying relatives in Canada who are willing and eligible to sponsor them.

Sponsors must be a Canadian citizen or permanent resident: spouse, common-law or conjugal partners; dependant child, parent or grandparent; an orphaned brother, sister, niece, nephew or grandchild (under 19); and any relative if the Canadian sponsor does not have another close relative who is in Canada or who can be sponsored to come to Canada.

The most common type of family class application is for those persons who are married or engaged to a Canadian citizen or permanent resident. 

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BUSINESS

Applicants are divided into three subcategories: Self-employed, Entrepreneur and Investor.

As the name suggests, the Self-Employed class is suitable for self-employed business persons who do not necessarily intend to employ other persons in their business. This class is limited to farmers and applicants who will be of cultural, artistic or sporting value to Canada. Under this class there is no minimum capital or past ownership requirements, but applicants must prepare a viable, well-researched business proposal and possess sufficient funds and acceptable experience to establish or purchase the proposed business in Canada. Past self-employment, though not strictly required, is considered an asset. There is also a requirement to meet the pass mark.

Under the Entrepreneur class, you must have past business experience in a qualifying business for a specified period. Applicants must also possess a net worth of at least C$300,000. Upon arrival in Canada, there is a requirement to establish or purchase a business enterprise and provide active and ongoing management of that business within three years. Your business must create at least one new full-time job for a Canadian and meet other requirements of a qualifying business. There is also a requirement to meet the pass mark.

Applicants under the Investor class must possess a total net worth of at least C$800,000 and invest C$400,000 of this amount with the Canadian Receiver General for 5 years.

Although the fund is Government guaranteed, no interest is payable. Applicants must prove that the funds have been generated through their own business initiative and that they have previously managed either 5 full-time staff for at least 2 years OR owned a share in the business they have managed for at least two years in the five years prior to applying. If you do not wish to undertake an investment, an alternative is to establish a loan arrangement with a Canadian bank, whereby the amount to be invested is borrowed. Under this option, it is still necessary to possess an overall net worth of C$800,000. The down side of this option is that you must pay the interest charges accumulated over the 5-year term.

The main advantages of the Investor class are that you do not need to actively own and operate a business and that you are issued with permanent residence immediately upon approval. All applicants must satisfy health, police, character and credibility checks, and a range of other criteria.

IMPORTANT NOTE; If you do not qualify under any of the above classes, you may be able to apply under one the Provincial Government Nominee programmes. Although only a limited number of places are available every year, the regulations differ from those described above, as they are set by the Provincial Government according to economic and social needs of that region. Contact Four Corners Immigration for further information.

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TEMPORARY VISAS

A number of temporary residence visas are also available:

Work Permits: If you are offered a job that cannot be filled by a Canadian and the Canadian employer is able to satisfy a Service Canada labour market assessment, then you may be able to apply for a work permit. The permit is issued for the duration of the employment contract usually up to a maximum of 3 years. Important note: Canadian employers are generally reluctant to sponsor offshore candidates unless there are specific skills shortages, and do not consider applicants unless ALREADY in possession of a Canadian residence visa and present in Canada for interview. So unless you are to be transferred to Canada by your current employer, this can be a very difficult visa to obtain.

Student visa: If you are enrolled into a qualifying course at a Canadian tertiary institution, you can apply for a student visa. This visa allows you to study full-time and to work a limited number of hours per week. Other temporary visas include young persons working holiday programmes and visas for live-in caregivers.

For further information on these visa options please contact our experienced team of Client Services Agents as they will explain the immigration regulations and entry criteria in greater detail. 

CAUTION: Immigration regulations can change without advance notice. (Information in this page correct as at 1st July 2010.)

Canadian Migration News - For lots of useful information and handy tips on moving to this incredible country, please visit www.migrationnews.com

LATEST UPDATES - For recent changes and news on Canadian immigration policies and regulations, please click here

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