November 2011
How to Immigrate to Canada
by David LeBlanc, RCIC – ICCRC Regulated Canadian Immigration Consultant
With all of the recent changes in Canadian Immigration policy, it might seem that Canada has all but pulled in the welcome mat. In many ways, that is true. The current policies are unwelcoming for the vast majority of international skilled workers that used to be the backbone of the immigration department.
Many new immigrants come under the Family Class, as a Canadian citizen or permanent resident can sponsor their spouse or life partner, dependent child under the age of 21, parent or grandparent. Recently Canada Immigration has announced a two year ‘pause’ of parent and grandparent sponsorship. There are also changes proposed in sponsoring spouses, common-law partners and conjugal partners, where a 2 year conditional visa will be issued to protect sponsors against being duped into marriages of convenience and being abandoned by their newly landed partners.
In the future, the most significant growth in Canadian Immigration will likely be under the Canadian Experience Class category. This program eases the way for those who have come to Canada as International students or temporary foreign workers to be allowed to stay, provided they meet the criteria for this category.
The main categories for immigration to Canada are:
· Self-Employed (limited to cultural and performing arts, world-class athletics, and agriculture farm managers)
For Refugee and Humanitarian categories, there are some major changes in the way these two categories are handled, that will be implemented over the next year as the new Appeals process is introduced.
Many candidates interested in immigrating to Canada still qualify under the
Skilled Worker category.
Temporarily, the Skilled Worker – independent applicant program you might qualify has been placed on “hold” until the beginning of 2013, as the Immigration Minister is reviewing all parts of the selection criteria. The overall selection grid and law changes have been announced, but without the all important details to allow us to qualify and select good clients. Many important details of the new program are not yet known.
If you are serious in your interest to
immigrate to Canada, you must make sure that you know if you really qualify now to make an application, and if not, what you will need to do to meet the criteria in the future. The requirements are very precise, and complex. It is not just a simple matter of having the right set of forms, but in understanding how all of the details of the process fit together. You can qualify, but miss important small details in the supporting documentation that will see a refusal of the file.
We ask that you revisit this page early in January 2013. As soon as all the details are published, we will provide a complete update when all details of new programs will be known.At that time, we will be glad to assess your qualifications for immigrating to Canada as a skilled worker, at no cost or obligation to you.
Here is a brief summary of other categories for quick reference.
· The Canadian Experience Class is for those who have either studied for 2 years and graduated and worked for one year after in Canada, or worked for 2 years in Canada
· The Business Class of Entrepreneurs or Investors is for those applicants who have professional experience operating or directing a business within the last 5 years.
· For the Investor, a personal net worth of CAD$1.6Million and an investment of $800,000 is required.
· An Entrepreneur needs a net worth of CAD$300,000, and is a conditional visa requiring you to make an investment in the company, create full time employment and be involved in the daily operations of the business.
In the
Canadian Experience Class, the toughest challenge for international students and temporary foreign workers is determining if the work that they do is qualifying work as defined by CIC. Only work in the top three levels, or bands, of the National Occupation Classification index, or NOC, qualify. The work needs to be done within a narrowly prescribed period of time. All applicants also must meet a set level of language proficiency in French or English in the Canadian Language Benchmarks, and only certain tests such as the TEF and the IELTS are approved for this purpose.
We have not touched at all on the many other kinds of immigration services that those inside Canada may require, such as
· Immigration detention reviews
· Appeals of refused family sponsorships at the IAD – Immigration Appeals Division.
· Appeals of refused refugee applications at the IRB – Immigration Refugee Board
· Deportation hearings and stays of removal
· Admissibility hearings for loss of residency, criminality, or other violations of the Immigration Act and Regulations
· PRRA – Pre-Removal Risk Assessment claims
Immigration law is complex, and is not a Do It Yourself project. The CIC website says that you do not need an Immigration consultant or immigration lawyer, that you can do it all by yourself. When you don’t understand the complexity of the matter, and make a simple mistake that will see you disqualified, the Visa Officers will not offer to counsel you to correct, change, or amend your application. They will simply refuse it, dashing your dreams of immigrating to Canada. The Appeals courts are full of such cases.
Having expert guidance and honest counsel is more important than ever in any successful application for immigration. Make sure that your Canadian Immigration Consultant is legally authorized to work for you. Our senior counsellors are Immigration consultants in Toronto Canada, and are Regulated Canadian Immigration Consultants RCIC – ICCRC, members of the Immigration Consultants of Canada Regulatory Council. Only RCIC’s are legally authorized to represent you in all Canadian Immigration matters.
David LeBlanc RCIC – ICCRC
Regulated Canadian Immigration Consultant
Managing Director
Ferreira-Wells Immigration Services Inc.
Canadian Immigration Consultants in Toronto Canada
1377 Bathurst Street, Toronto ON M5R 3H8
You and your Immigration Professional must have an in-depth knowledge of Canada’s Immigration and Refugee Protection Act (IRPA), and the supporting Regulations, Manuals, Operating Memorandums. New programs come in as others are revised or cancelled. Your knowledge must be current, and not based on old criteria. The programs that skilled workers qualify have changed dramatically and often recently, and how family members are defined and are sponsored became very rigidly set out in the regulations. You must have a deep knowledge of the relevant details of the Act and Regulations to know if, and how, you qualify. Something as seemingly harmless as how you describe the main duties of your job may see you disqualified and your application would then be refused. There may be unique circumstances that make you eligible to apply under humanitarian and compassionate grounds, or under a different program other than the one you are currently considering. You must select the right one before making your application. Immigration law is dynamic. There have been many recent changes to programs and how an applicant might qualify. Small changes in policy and procedure can have a dramatic impact on your chance for success. It is strongly recommended that you work with somebody who has a comprehensive and current understanding of the Act, and how it applies to your personal circumstances.
