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PERMANENT STATUS IN CANADA

A. Independent/Skilled Worker Category

Applicants in this category must have a minimum of one (1) year of full-time work experience in an occupation, which appears on Canada's National Occupations List, after having completed their formal education/training. In order to qualify and they are subject to Employment Requirements for their occupation as stipulated by Citizenship and Immigration Canada officials. They are then assessed according to various selection criteria (i.e. age, education, occupation, occupational demand, years of work experience, English/French language ability, personal suitability and family in Canada) by Citizenship and Immigration Canada officials and applicants must attain a minimum score of sixty seven (67) points overall in order to be eligible to become permanent residents of Canada. Given the fact that Canada's National Occupations List, Immigration Act and Immigration Regulations are always subject to change, applicants who might currently qualify for Immigration to Canada in this category, might not qualify at a later date if their applications are not locked in under the current system as the List, Immigration Act and/or Immigration Regulations change(s).

B. Family Class
Canadian citizens or Canadian permanent residents who reside in Canada are currently eligible to sponsor for admission to Canada the following persons:

• their Spouses, Common Law or Conjugal Partners 16 years or older
• their dependant children as defined in the Immigration Regulations
• their mother and father and any accompanying dependant children as defined in the Immigration Regulations
• their grandparent(s)
• brothers, sisters, nephews, nieces or grandchildren who are orphans; under the age of 18 and not married or in a common-law relationship

PLEASE NOTE: Canadian citizens, residing abroad, might also be eligible to sponsor their spouses and dependant children for as long as they can prove to Citizenship and Immigration Canada officials that it is their intention to return to Canada to settle in the country, permanently, upon the issuance of the immigrant visa(s) to the dependant(s) that they are sponsoring. The filing of a Sponsorship Application, Sponsorship Agreement and Financial Evaluation Form along with Application for Permanent Residence of the person being sponsored with a designated Case Processing Centre in Canada are the first steps in the sponsorship process. Once the sponsorship has been approved the designated Case Processing Centre in Canada sends the application to Visa post abroad and he/she must meet statutory requirements.

C. Business Immigration
Canada's Business Immigration Program seeks to promote economic development and employment by attracting people with venture capital, business acumen and entrepreneurial skills. The Business Immigration Program currently falls under three categories of immigrants:

• Entrepreneurs
• Self-Employed
• Investors

Entrepreneurs
Currently, those wishing to come to Canada as Entrepreneurs must demonstrate their intention and ability to establish, purchase or invest in a business that will create or maintain employment for at least one (1) Canadian citizen or permanent resident other than a member of their family. Those applying under the Entrepreneur category will have conditions placed on their visas which require them to prove to Citizenship and Immigration Canada officials that:

• they have purchased/invested in an existing business or have established a new business with net worth of at least $300,000/- in Canadian funds;
• they have made a significant capital investment in the business;
• they have actively managed the business; and
• they have created at least one (1) job for a Canadian citizen or permanent resident of Canada other than a member of their family. Once the requirements are complied with, conditions placed on their Visas are removed.

Self-Employed
Those interested in applying in the Self-Employed category must demonstrate an intent and an ability to create employment for themselves. Their endeavours must constitute a significant contribution to the Canadian economy or to Canada's cultural and/or artistic life.

Investors
An Investor is defined as a person who has successfully operated or controlled or directed a business or commercial undertaking and who has accumulated, through his/her own endeavours, at least $1,600,000 in Canadian funds. Prior to visa issuance, immigrant Investors must pay $800,000 CAD to the Receiver General for Canada. The investment is subsequently allocated to the participating provinces and territories in Canada. Funds are used for job creation and economic development. The full amount of investment (without interest) is repaid to the investor after 5 years. The exact date of repayment depends on when the $ 800,000/- is received by the Citizenship and immigration, Canada. At the latest, the amount would be returned 5 years and 3 months after the date of payment. The return of the investment is fully guaranteed by participating provinces and territories.” Investors are not required to start any business in Canada nor are any conditions imposed upon admission to Canada.

TEMPORARY STATUS IN CANADA

The Immigration Act and 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.

D. Employment Authorizations
Foreign workers whose skills are in short supply, or who can provide significant economic or other benefits to Canada, are issued Employment Authorizations and admitted on a temporary basis. In many instances, a job validation from a Human Resources Skills Development Canada Centre (“HRSDC”) is required before the applicant can submit his/her Application for an Employment Authorization to a Canadian visa post abroad. In such instances, the prospective Canadian employer must give details of the foreign worker’s job offer to an HRSDC. An employment counsellor will check to determine if the offer of employment meets the prevailing wages and working conditions for the occupation concerned. A check will also be made to see if the job cannot be filled by a suitably qualified and available Canadian citizen or permanent resident. If these conditions are met, the HRSDC will approve (validate) the job offer. They will then issue a confirmation of offer of employment and send this to the Canadian visa post in the country where the foreign worker is currently residing. An Employment Authorization will NOT be issued to a foreign worker to come to Canada to look for work.

E. Student Authorizations
Most international students are required to have authorizations to receive academic, professional or vocational training in Canada. Community college and university students may be issued authorizations which are valid for the duration of their program of study. Customary prerequisites are that the student:

• has already enrolled in a government-approved academic institution;
• has paid his/her tuition fees and been accepted by the academic institution; and 
• has to know English or French to follow course lectures and reading assignments before the student can submit his/her Application for a Student Authorization to a Canadian visa post abroad.

F. Visitors
The Immigration Act requires all visitors, except those exempt by regulation, to obtain a Visitor Visa before coming to Canada. Applicants must demonstrate to visa officials that they have significant family, social, economic and cultural ties to their country of origin and that they have sufficient means to support themselves during their visit to Canada. Applicants must also satisfy visa officials that there is no risk that they will overextend their visit to Canada.

G. Refugee
People who fear living in or returning to their countries, need protection and want to come to Canada come in Refugee category. Canada accepts thousands of refugees every year in order to follow its objective in Canada's Immigration Act stating "to fulfill Canada's international legal obligation with respect to refugees and to uphold its humanitarian tradition with respect to the displaced and persecuted". Canada's refugee protection system consists of two components:

• Refugee and Humanitarian Resettlement Program, for people seeking protection from outside Canada;
• Asylum in Canada, for persons making refugee protection claims from within Canada.