• Immigration System

Canada's immigration system is designed to meet several national objectives, including the enrichment and strengthening of Canada's social and cultural fabric, the promotion and development of its economy, and the expression of its humanitarian principles and ideals. The various categories under which an applicant can apply, Independent Class, Business Class and Family Class, are designed to fulfill these objectives.

As a federation, Canada has divided constitutional responsibilities for immigration between the ten provinces and the Federal government, which maintains the primary role in selecting immigrants and enforcing Canada's immigration laws. The provinces have a significant role to play in Canada's immigration system. Each province is responsible for delivering the social services, education and language training required so that new immigrants can adapt to Canadian society in their new province. Several provinces have also taken a role in selecting immigrants. Quebec, Canada's only majority French-speaking province, has established its own selection system for immigrants seeking to reside in Quebec, while other provinces, including British Columbia, Manitoba and Saskatchewan have established “Nominee Programs” to meet their particular needs with regard to skilled and business immigrants.

All applications for immigration to Canada are submitted outside of Canadian territory. The Federal government has established visa offices in many countries around the world that are staffed by officers who receive and review applications for permanent residence. The processing time for an application can vary widely depending on the immigration category and the visa office applied to. Highest priority is given to Family Class applicants, especially those applicants sponsored by a spouse residing in Canada. Typically, an application will be reviewed upon receipt by the visa office and, within several months, a decision is made as to whether the applicant needs to be interviewed by an officer. If an interview is required, the application is put in an interview queue which can be anywhere from 6-24 months. If an interview is not required, an application can be finalized in 6-12 months from the date of submission.

The decision to refuse or approve an application is often made at the interview. Applicants are asked questions relevant to the category under which they have applied. For example, an independent category, or skilled worker applicant, would need to be able to discuss his/her work experience, skill level and education history, among other things.

The final stages of an application involve background checks to determine if the applicant has any criminal convictions or is a potential threat to Canadian security and a medical examination to ensure the applicant is in good health.

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Applicants who are approved for permanent residence and issued an Immigrant Visa are eligible to land in Canada within the validity of their Immigrant Visas (usually 10-12 months). One landed, they become permanent residents of Canada; their status does not expire and they are free to reside anywhere in Canada and work and/or study as they wish. Permanent residents are currently required to reside in Canada for 6 months out of any 12-month period to retain their status. However, this will soon be changed to allow permanent residents to be out of Canada for up to 3 years out of any 5-year period.

Permanent residents enjoy most of the privileges and rights of native-born Canadians and are eligible to apply for Canadian citizenship after residing in Canada for 3 years.

As well as providing for permanent immigration, the Immigration Act also allows for the admission to Canada of temporary workers, students and visitors.

As it has done throughout its history, Canada continues to accept immigrants in large numbers. With a population of only 31 million and a low birth rate, importing human capitol remains Canada's most viable solution to meeting its demographic needs. Its high-tech and developed economy faces worker shortages in many areas and is always in need of the entrepreneurial skill and energy of new immigrants. For those choosing a new destination in which to raise a family, develop a career, study, or play, Canada generous immigration system is worthy of close examination.

• Immigration Services

• Federal Skilled Worker Class

Under the new Federal Skilled Worker Class, emphasis is placed on an applicant's language ability and education and experience rather than an intended occupation in Canada. No longer must a skilled worker be assessed with reference to an Occupations List to determine if he/she qualifies. Now, all applicants with at least one year of “high skill” work experience are eligible to apply. However, the present points test is quite stringent. And those without Canadian experience or “arranged employment” may find it difficult to qualify under the current pass mark.

Selection Factors:

• Education

• Master's Degree or PhD and at least 17 years of full-time or full-time equivalent study: 25 Points;

• Two or more university degrees at the bachelor's level and at least 15 years of full-time or full-time equivalent study: 22 Points;

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• A three-year diploma, trade certificate or apprenticeship and at least 15 years of full-time or full-time equivalent study: 22 Points;

• A university degree of two years or more at the bachelor's level and at least 14 years of full-time or full-time equivalent study: 20 Points;

• A two-year diploma, trade certificate or apprenticeship and at least 14 years of full-time or full-time equivalent study: 20 Points;

• A one-year university degree at the bachelor's level and at least 13 years of full-time or full-time equivalent study: 15 Points;

• A one-year diploma, trade certificate or apprenticeship and at least 13 years of full-time or full-time equivalent study: 15 Points;

• A one-year diploma, trade certificate or apprenticeship and at least 12 years of full-time or full-time equivalent study: 12 Points;

• High school: 5 Points.

• Official Languages (English and French)

• First Official Language (per ability – listening, reading, writing, speaking):

• High proficiency: 4 Points;

• Moderate proficiency: 2 Points;

• Basic proficiency: 1-2 Points;

• No proficiency: 0 Points;

• Possible maximum for First Official Language (all 4 abilities): 16 Points.

• Second Official Language (per ability – listening, reading, writing, speaking):

- High proficiency: 2 Points;

• Moderate proficiency: 2 Points;

• Basic proficiency: 1-2 Points;

• No proficiency: 0 Points;

• Possible maximum for Second Official Language (all 4 abilities): 8 Points.

• Experience

• 1 year: 15 Points;

• 2 years: 17 Points;

• 3 years: 19 Points;

• 4 years: 21 Points.

• Age

• 21 to 49 years at time of application: 10

• Less 2 points for each year over 49 or under 21.

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• Arranged Employment in Canada

• A Human Resources Development Canada (HRDC) confirmed offer of permanent employment: 10 Points

• A temporary work permit that is: HRDC confirmed, including sectoral confirmations: 10 Points

• HRDC confirmation exempt under NAFTA, GATS, CCFTA or significant economic benefit (i.e. intra-company transferee): 10 Points.

• Adaptability

• Spouse's or common-law partner's education: 3-5 Points;

• Minimum one year full-time authorized work in Canada: 5 Points;

• Minimum two years full-time authorized post-secondary study in Canada: 5 Points;

• Have received points under the Arranged Employment in Canada factor: 5 Points;

• Family relationship in Canada: 5 Points.

Total: Maximum 100; Pass Mark 75.

• Business Immigration

The business immigration class is designed for those individuals who are seeking to contribute to Canada's economic growth and prosperity through the experience and assets they bring to the country upon immigrating. The Canadian Business Immigration Program is divided into three classes: Investors, Entrepreneurs and the Self-employed.

• Investors

The Immigrant Investor Program seeks to attract experienced persons and capital to Canada. Investors must demonstrate business experience, a minimum net worth of C$800,000 and make an investment of C$400,000.

Currently, there are two Immigrant Investor Program that applicants can choose from: one is operated by the Canadian Federal government; the other by the Province of Quebec. In both cases, the amount of investment required is C$400,000. This amount can be invested in full by the investor for the required 5-year period after which the principal is re-paid in full. Or the investor can choose to finance the investment with a loan from a Canadian financial institution. Typically in such cases, the applicant will forgo re-payment at the end of 5-year period and pay to the financial institution an amount equal to the interest required to finance the loan.

After making the investment in the Immigrant Investor Fund and receiving an Immigrant Visa, an investor has no further investment obligations to meet as a permanent resident.

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• Entrepreneurs

The Entrepreneur Program seeks to attract experienced persons that own and actively manage business in Canada that will contribute to the economy and create jobs. Entrepreneurs must demonstrate business experience, a minimum net worth of C$300,000 and are subject to conditions upon arrival in Canada.

Once granted permanent residence, an Entrepreneur is required to establish or invest in a business in Canada as a condition of retaining permanent resident status. He/she must have an active role in managing the business and must report the progress of the venture in the three years after landing in Canada. The business must meet certain standards in terms of size and employment (at least one Canadian must be employed other than the Entrepreneur's family) and the Entrepreneur must have a minimum of 33% ownership.

After the Entrepreneur demonstrates that all “terms and conditions” of landing are met, his or her status as a permanent resident is regularized.

• Self-employed

Self-employed persons must have the intention and ability to create their own employment. They are expected to contribute to the cultural or athletic life of Canada. They may create their own employment purchasing and managing a farm in Canada.

Self-employed applicants must demonstrate their experience in these areas and must have sufficient assets to allow for their establishment in Canada.