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APPLYING TO BECOME PERMANENT RESIDENT OF CANADA

There are different ways to apply and become a Canadian Permanent Resident. Each category or program is intended to target a particular type of immigrant. Therefore, it is important to determine the criteria necessary for each category or program in order to determine the best course of action to take.

SKILLED WORKER CATEGORY:

Skilled workers are people who can become permanent residents because they are able to become economically established in Canada. To qualify as a skilled
To qualify as a skilled worker, applicants must:
Meet the minimum work experience requirements;
You must have at least one continuous year of full-time paid work experience or the equivalent in part-time continuous employment.
Your work experience must be in the category of Skill Type 0, or Skill Level A or B on the Canadian National Occupational Classification. National Occupational Classification list

You must have had this experience within the last 10 years.
Prove that they have the funds required for settlement;
The Government of Canada does not provide financial support to new skilled worker immigrants.
You must show that you have enough money to support yourself and your dependants after you arrive in Canada. You cannot borrow this money from another person. You must be able to use this money to support your family.
You will need to provide proof of your funds when you submit your application for immigration.

The amount of money that you need to have to support your family is determined by the size of your family.

Number of Family Members Funds Required (in Canadian dollars)

  • 1 Family Member $10,168 .00
  • 2 Family Members $12,659.00
  • 3 Family Members $15,563.00
  • 4 Family Members $18,895.00
  • 5 Family Members $21,431.00
  • 6 Family Members $24,170.00
  • 7 or more Family Members $26,910.00

You do not have to show that you have these funds if you have arranged employment in Canada.

Earn enough points in the six selection factors to meet the pass mark (67)

Education
Official Languages
Experience
Age
Arranged Employment In Canada
Adaptability


REQUIREMENTS:

There are two stages in the determination of whether a person qualifies as a skilled worker. The first stage is an evaluation of whether the applicant meets the “minimum requirements” to be considered a skilled worker. The second stage involves an evaluation of whether the applicant will be able to economically establish in Canada based on an award of units of assessment under the above-mentioned six selection criteria. If the applicant does not meet the minimum requirements in the first stage of assessment, the application is refused and no further assessment is required.

Stage One: Minimum Requirements

Skilled Workers must:
have at least one year of skilled work experience within the past 10 years in a management occupation or in an occupation normally requiring university, college or technical training as set out under Skill Type 0 or Skill Level A or B of the National Occupational Classification (NOC). The skilled worker must not be in an occupation that is designated a “restricted occupation”. At the present time there are no occupations listed as restricted.
have enough money to support themselves and their dependants as they settle in Canada. This is known as Settlement Funds.

Stage Two: Selection Grid

In addition to the above requirements, applicants are assessed on a variety of selection criteria which evaluate their ability to adapt to the Canadian economy.

Selection Criteria Maximum Points  
Education 25 24
Official languages (English and/or French) 21
Employment experience 10
Age 10
Arranged employment in Canada 10
Adaptability 10
TOTAL 100

To be considered under the Federal Skilled Worker category, applicants must score a minimum of 67 out of the possible 100 points.

The pass mark may be amended by the Minister to reflect changes in the Canadian labour market, economy and society as well as the changing demands of prospective immigrants to Canada.

FAMILY SPONSORSHIPS:

Canadian citizens and permanent residents living in Canada, 18 years of age or older, may sponsor their close relatives and/or family members who intend to become permanent residents of Canada. Sponsors must make a promise to support their relative or family member and their accompanying family members for a period of three to 10 years to help them settle in Canada.

Under the Canada–Quebec Accord, the province of Quebec plays an important role in determining sponsorship eligibility for Quebec residents. However, the Quebec portion of the process is begun only after Citizenship and Immigration Canada (CIC) has finished its assessment of your ability to meet Canada’s sponsorship requirements.

You can sponsor relatives or family members from abroad if they are:

Spouses, common-law or conjugal partners 16 years of age or older;
Parents and grandparents;
Dependent children, including adopted children;
Children under 18 years of age whom you intend to adopt;
Children under guardianship;
Brothers, sisters, nephews, nieces or grandchildren who are orphans; under the age of 18 and not married or in a common-law relationship; or
you may also sponsor one relative of any age if you do not have an aunt, uncle or family member from the list above who you could sponsor or who is already a Canadian citizen, Indian or permanent resident.
A son or daughter is dependent when the child:
is under the age of 22 and does not have a spouse or common-law partner;
is a full time student and is substantially dependent on a parent for financial support since before the age of 22, or since becoming a spouse or common-law partner (if this happened before age 22); or
is financially dependent on a parent since before the age of 22 because of a disability.
If you live in any province in Canada except Quebec and wish to sponsor a relative or family member, you must sign an Undertaking with the Minister of Citizenship and Immigration. You must also sign a Sponsorship Agreement with your relative or family member that outlines your mutual commitments to each other. For Quebec residents, an undertaking will be signed with the province of Quebec. With the exception of spouses, and dependent children, Citizenship and Immigration Canada requires a financial assessment, in order to determine whether or not sponsors are financially capable of sponsoring a relative from the family class. The Low Income Cut Off is the mandatory minimum amount of annual income that sponsors are required to have. If you have previously sponsored relatives or family members who have received social assistance, you may not be allowed to sponsor another person. Sponsorship is a considerable commitment so you should take this obligation seriously.

LOW INCOME CUT-OFF TABLE
Effective until February 1, 2007

Family Size Minimum necessary income

  • 1 Person (the sponsor) $20,337.00
  • 2 Persons $25,319.00
  • 3 Persons $31,126.00
  • 4 Persons $37,791.00
  • 5 Persons $42,862.00
  • 6 Persons $48,341.00
  • 7 Persons $53,821.00
    For each additional person 5,480.00

Co-Signers

If the sponsor’s income is not enough and under the Low Income Cut-Off point, the sponsor’s spouse or common-law spouse, is allowed to co-sign the financial undertaking, in order to have their income added to the sponsor’s. Co-signers are equally responsible for supporting the sponsored immigrant, and are jointly liable if there is a default in the agreement.

Spouse or Common-Law Partner in Canada Class

You may also sponsor a spouse or common-law partner from within Canada if you have been living together in Canada. Most spouses and common-law partners can stay in Canada after applying for permanent residence even if they do not have legal status at the time of the application. When sponsoring a spouse or common-law partner, the applicant may also include their dependent children whether inside or outside of Canada.

Your Rights and Obligations as a Permanent Resident of Canada

You and your dependents have the right to live, study and work in Canada for as long as you remain permanent residents, and are entitled to most social benefits accorded to Canadian citizens. When you have met citizenship requirements (3 years after obtaining permanent residency), you may apply for Canadian citizenship and a Canadian passport.

There are a few limitations on permanent residents:

  • You cannot vote in certain elections.
  • You may be ineligible for certain jobs requiring high-level security clearances.
  • As permanent resident, you also have the same legal obligations as Canadians,
    such as paying taxes and respecting other laws.
  • If you or your dependents commit serious crimes, you or your dependents risk being deported from Canada.
    You remain a permanent resident until you become a Canadian citizen or abandon Canada as your place of residence. You may be considered to have abandoned Canada if you have frequent and/or lengthy absences from the country. If you travel to Canada to present your Immigrant Visa to obtain permanent residence and then return to live in your home country indefinitely, you will lose your permanent resident status.


BUSINESS CLASS IMMIGRATION:

Canada welcomes successful business people seeking new opportunities and challenges. The Business Immigration Program is designed to encourage and facilitate the admission of these individuals. In addition to providing excellent business opportunities. Canada is a multi-cultural country that boasts one of the world's highest standards of living, with excellent health, education, and social systems. The Canadian government welcomes business immigrants and offers services to help immigrants start business and settle in Canada.

Exploratory trip
Both the federal and provincial governments strongly advise Business Immigrants to make an exploratory trip to familiarize themselves with the place and get a more realistic sense of the opportunities and challenges of their business project in the province that they want to start business and settle with their families.

There are three types of Business Immigrants to Canada:

1. INVESTORS:

In order to be eligible as an Investor under the Business class immigration, applicants must have a net worth of at least $800,000 Canadian dollars. (You may also include your spouse's assets when assessing your net worth, if applicable). The applicant will be required to make an investment of $400,000 Canadian dollars in approved projects in Canada. The provincial governments use the funds for job creation and economic development. The full amount of the investment (without interest) is repaid to the investor after five years. The return of the investment is fully guaranteed by participating provinces and territories. Provinces and territories secure the investment against the loss.
Many potential Business Immigrants, though able to meet the program's net worth requirements, may have difficulty raising the liquid assets required ($400,000 CDN) in a short period of time or they do not wish to tie up their money for a period of five years while receiving no interest on the transaction. As a result, the Investor has the option to receive a loan from a financial institution in Canada for up to 70% of the investment. So, the Immigrant Investor deposits $120,000 CDN. (Approx. $75,000 US), borrows the remaining of the $280,000 CDN and nothing is paid back at the end of the term. The Investor's deposit of about $120,000 CDN. (Approx. $75,000 US) is used up by the financial bank to pay the interest charges for the value of about $280,000 CDN loan for the five year term. No monthly payments or interest is required to be paid by the Investor for the loan of about $280,000 CDN. In effect the cost of the program would be about $120,000 CDN. (Approx. $75,000 US) to the Investor.
For Business applicants who wants to participate on the investor program to obtain their permanent residency in Canada, and do not wish to invest the required amount of $400,000 CDN for any reason, our company can arrange for you to obtain a loan of $280,000 CDN from a Canadian Bank or Financial Institution in Canada, so the cost of the program will be about $120,000 CDN (approx. $75,000 US) to you.
Besides the net worth requirement of $800,000 CDN, the Investors will be required to prove that they have significant business experience.
The Quebec government manages its own immigration programs providing for Independent Business applicants selection rules. In many respects, the province of Quebec has the most secured investor program, as government regulations are stricter.

"Business experience", in respect of an investor, means

  1. the management of a qualifying business and the control of a percentage of equity of the qualifying business for at least two years in the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, or;
  2. the management of at least five (5) full-time job equivalents per year in a business for at least two years in the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application.


Advantages of the Applicant under the Investor program:

  1. Investors are not required to start a business in Canada as in the case of the Entrepreneur program;
  2. Investments are fully guaranteed by provinces and territories that participate in the program;
  3. The provinces and territories control the investment during the five year lock-in period; and
  4. No immigration "terms and conditions" are imposed upon admission as in the case
    of the Entrepreneur program.

The Investor program is best suited for people who are obliged to constantly travel to and from Canada as soon as permanent residence is established and do not wish to be subjected to reporting immigration requirements as is the case with the Entrepreneur program.

2. ENTREPRENEURS:

Entrepreneur must have business experience. They must have managed a qualifying business and controlled a percentage equity of a qualifying business for at least two (2) years in the period beginning five (5) years before the date of application. The entrepreneur class applicant must have a legally obtained minimum net worth of at least $300,000 and are required to sign a statement that they intend and will be able to meet the conditions or permanent residence.

Features of the Entrepreneur Program:

  • A minimum net worth requirement of $300,000;
  • A requirement that within three years of becoming a permanent resident, the entrepreneur must have controlled and have actively managed a qualifying Canadian business for a period of at least one year, and that the business must have created employment opportunities for others; and
  • All family members are admitted under the same conditions as the principal applicant; the conditions are removed once the entrepreneur satisfies the conditions.

To qualify as an Entrepreneur, the applicant must be able to meet the following conditions:

  1. An entrepreneur who becomes a permanent resident must meet the following conditions:

    o the entrepreneur must control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 percent;

    o the entrepreneur must provide active and ongoing management of the qualifying Canadian business; and

    o the entrepreneur must create at least one incremental full-time job equivalent for Canadian citizens or permanent residents, other than the entrepreneur and their family members.
  2. The entrepreneur must meet the conditions for a period of at least one year within the period of three years after the day on which the entrepreneur becomes a permanent resident.
  3. An entrepreneur who becomes a permanent resident must provide to an officer evidence of compliance with the conditions within the period of three years after the day on which the entrepreneur becomes a permanent resident.
  4. An entrepreneur must provide to an officer:
    o not later than six (6) months after the day on which the entrepreneur becomes a permanent resident, their residential address and telephone number; and
    o during the period beginning 18 months after and ending 24 months after the day on which the entrepreneur becomes a permanent resident, evidence of their efforts to comply with the conditions.

"Business experience", in respect of an entrepreneur, means the management of a qualifying business and the control of a percentage of equity of the qualifying business for at least two years in the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application.

3. SELF-EMPLOYED:

Self-employed immigrants must have relevant experience and have the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada. Other business immigrants with more generic business abilities will be required either to meet the entrepreneur or investor definitions, or to qualify as skilled workers or be selected as provincial nominees.

"Relevant experience" in respect of a self-employed person means at least two (2) years of one of the following types of experience in the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, as follows,

  1. self-employment in cultural activities or in athletics,
  2. participation at a world-class level in cultural activities or athletics, or
  3. farm management experience.

"Specified economic activities" in respect of a self-employed person means cultural activities, athletics or the purchase and management of a farm.

Features of the Self-employed Program:

  • No immigration "terms and conditions" are imposed on this class.

Self-employed immigrants must have the experience, intention and ability to establish a business that will, at a minimum, create an employment

  • opportunity for themselves and that will make a significant contribution to cultural activities or athletics in Canada, or to purchase and manage a farm in Canada.

Selection Criteria

To be selected as a Business Immigrant, you must meet first the definition of the business class in which you are applying under (investor, entrepreneur or self-employed person). If you successfully meet the definition, you are then assessed against five (5) selection factors (age, education, official languages, experience and adaptability). The pass mark for all three (3) classes of business is 35. The maximum possible score for each class is 100.
Entrepreneurs and investors are assessed under five selection factors: (relevant experience, age, education, language abilities, and adaptability).

Self-employed applicants must meet the definition of a Self-employed category as described above. Self-employed immigrants will be evaluated against a similar selection criteria point system applicable to their circumstances.


PROVINCIAL NOMINEE PROGRAMS:

Under the Provincial Nominee Program, each province is allowed to select or nominate immigrant who will potentially contribute to the particular labour and economic needs of that specific province. Each province may establish its own selection criteria and procedures to select such immigrants according to their ability to get integrated and successfully settled in that province.

Similar to the requirements under Skilled Worker Immigration Program, immigrants are selected on the basis of a point system intended to target applicants who will satisfy the labour and economic requirements of that province. Points are credited depending on various grounds, such as education, skills, work experience, age, etc. Each province attributes a number of points to be depending on each category.

Applicants must have an intention to continue residing in the province in which they apply. After an applicant has been nominated under the program, the province will issue a Provincial Nominee Certificate to the applicant.

The applicant then must apply for Canadian Permanent Residency at the nearest Canadian Embassy, High Commission, or Case Processing Centre.

Applicants must also keep in mind that Citizenship and Immigration Canada makes the final decision on admissibility. The applicant must satisfy security, criminal, and medical requirements.

At present the following provinces are participating in this program:

Some provinces also have business immigration programs as part of the Provincial Nominee Program.

The Province of Quebec has its own criteria for selection of Skilled Worker immigrants. Similar to the Provincial Nominee Program, if you wish to live in Quebec, you are required to obtain a Certificat de selection du Quebec (CSQ).

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