Tushar Chawla, MBA, CHRP, CHRL, RCIC A commissioner of oath authorized by the ministry of attorney general
Express entry Canada's economy finds skills and abilities from around the world and manages applications for three economic programs under express entry: Federal Skilled Worker Program, Federal Skilled Trades Program and Canadian Experience Class. Express entry profile works with a comprehensive ranking system - CRS, which ranks candidates based on point system. It allows Canada to select the most qualified foreign nationals who score the maximum amount of points, and sometimes provinces will nominate certain occupations and invite candidates from the express entry profile to apply for permanent resident.
Candidate must meet minimum requirement of either Federal skilled worker, Federal skilled trades, or Canadian experience class (or provincial nominee in some cases). The education credential assessment is mandatory for Federal skilled worker, and is recommended for Federal skilled trades and Canadian experience class. The job offer is not mandatory, however, it has extra points. Nomination can be done by a province (except Quebec). A candidate may apply for a provincial nomination and express entry the same time. The job experience or offer is valid from NOC O, A, B. The dual intent is allowed when a temporary foreign worker wishes to apply for permanent residence through express entry. The express entry profile is valid for 12 months, and then it needs to be created again. When a candidate has a spouse who is a permanent resident or Canadian citizen or is not immigrating to Canada, the candidate will be assessed for the CRS points without spouse category.
Steps: a express entry profile is created, and where there is no LMIA job offer labour marker impact assessment job offer - the registration to job bank occurs. The express entry pool takes the candidate as long as the minimum criteria is met either in Federal skilled worker, Federal skilled trades, or Canadian experience class or Provincial nomination - if applicable. A score is now received from the CRS . There is potential to gain more points where a job offer is made or a provincial nomination for more points and higher ranking is made. The candidates who exceed the CRS cut-off score are issued an invitation to apply for permanent residence and they must apply within 60 days under the program that indicates on the invitation. They must meet the admissibility and other requirements under the Immigration refugee protection act.
Federal skilled worker program The program offers Immigration to foreign nationals based on first meeting the minimum requirement of skilled work experience, education and and language proficiency. The application once meets the minimum requirement moves into assessment of allocating points based factors like: age, education, work experience, if applicable a valid job offer, English, French skills, and adaptability on how well the applicant can settle. The total point grid is of 100 points and current pass mark is 67 points.
The work experience needs to be in one of the three different type of skills which are found in national occupational classification (NOC) under three groups - O or A or B. Managerial jobs, professional jobs and technical jobs with skilled trades jobs are included with thousands of titles that fall under these three skill set. Under this national occupational classification, there are duties that are set in lead statements which the applicant should have performed in the work experience. It is important that the work experience has a close fit to meeting all essential duties, and most main duties. The job work experience of minimum requirement of 1 year should had been in the last 10 years, full time with having worked 30 hours a week or 1560 hours in the year, or equal amount in part-time with having worked 15 hours a week for 24 months equal to 1560 hours in the year. Work experience should had been continuous work without breaks. Language - a test in either IELTS or CELPIP is required with meeting CLB 7 - which has a set score requirement for reading, writing, speaking and listening.
Educational credential assessment report must be completed on your foreign education which will tells us what is equivalent to Canadian standard education.
Financial - you must have enough money for applicant and for the applicant's family to settle in Canada. There is a chart of guideline that we work with to determine this amount.
Admissible - under Canadian immigration law the candidate should not be inadmissible. Sometimes due to a valid reason to come to Canada if you were inadmissible - a temporary resident permit may be approved. There are serious implications for anyone who is in Canada driving while impaired - alcohol, drugs, or cannabis and this is considered a serious criminality.
STEPS on intent to immigration to Canada 1. Use our smart form to receive a 360 degree evaluation on your profile to see where you stand on the comprehensive ranking system
2. Now that you know you may qualify based on a certain English test score, and education, its time that we open your WES - world education service account on their website to be able to start this process - receive a reference number that you will use for sending documents to WES yourself and by institution. This is how the mail needs to get to WES following the following format:
WES Reference No. _ _ _ _ _ _ _ World Education Services Attention: Documentation Center 2 Carlton Street, Suite 1400 Toronto, Ontario M5B 1J3 Canada
3. Book your English test if you do not have your results and anticipated your expected scores
4. Receive your WES report, and your English results
5. Express entry profile will be triggered at this time
Canadian Experience Class This is a great program for anyone who has been living in Canada working. The minimum requirement for this program is to meet language testing scores of CLB 7 for NOC O, A jobs, and CLB 5 for NOC B skill level jobs. The work experience should had been for 1 year in the last 3 years in Canada. There is no minimum education requirment for this program, however, if education is there it does help in higher ranking in the comprehensive ranking system - CRS system in express entry profile. Work experience should be in either NOC O, A, or B. The self employment or student part time work does not count for this work experience.
Federal Skilled Trades Workers A candidate is supposed to have 2 years of full time experience within the last 5 years in this program of Immigration. A CLB 4 is acceptable for English proficiency score with no minimum education requirement. Skill B are the skills specified under national occupational list that qualifies for experience under the Federal skilled trades, example, the chefs, cooks, butchers, baker, industrial, electrical, construction trades, etc. Trade should be assessed by the province.
Employers and LMIA The Canadian employers first try to hire a Canadian citizen or permanent resident. Where there is no success, the employer can then apply for a LMIA - labor market impact assessment by advertising a job for four weeks showing there was no success. Once the LMIA is approved by the HRDC - the employer can make a permanent job offer to the qualified candidate in the express entry pool. Employer also sends the LMIA information and job offer letter/contract to the candidate to include in the express entry profile. Once accepted by IRCC, the candidate will receive an ITA - invitation to apply.
Frequently asked questions
How long is my medicals valid if I take premedical for my permanent residence file?
Medical certificates for applicants who pass a medical examination in or outside of Canada are valid for twelve months from the date of the last medical assessment of an applicant's file by a medical officer and/or delegated staff.
How long is the police certificate valid if I receive this in advance for my permanent residence file?
Police clearance must be issued no more than 6 months before the date you submit your application.
Ontario - investment of $500,000 to $1 million, net worth of $800,000 to $1.5 million, 3 years of business experience as business owner or senior manager in last 5 years, CLB 4, create 2 full time jobs, active ongoing management of business, live in Ontario for 75% of each year during performance agreement period, explanatory visit in the last 12 months before applying, interviews, business plan and performance agreement
British Colombia - investment $200,000 or $400,000 if proposing a key staff member, net worth of $600,000, post secondary education or active business experience with 100% ownership for 3 out of 5 years, relevant business experience more than 3 years as active business owner manager or more than 4 years as senior manager or 1 year as active business owner manager and 2 years as senior manager, submit business plan, establish a new business or purchase and improve an existing one with 33.3% ownership or $1,000,000 investment in equity, active and ongoing management of daily operation of business, create 1 new job within one year after arrival (3 if proposing a key staff), have lived in BC for 75% of time while on a work permit prior to registration, reside within 100 km of business location.
Nova Scotia - 21+ age, high school diploma, net worth $600,000, investment $150,000, start a new business or buy an existing one in the province to actively manage it, 3 years of business experience in last 10 years as active business owner manager with 33.3% ownership or more than 5 years as senior manager, CLB 5, submit expression of interest, attend an interview, sign a business performance agreement, applicant will be nominated for PR after 1 year of business operations.
New Brunswick- 65 points pass mark, age 22-55, 2 years of post secondary education, CLB 5, net work $600,000 with $300,000 available funds, investment $250,000, experience 33.3% business ownership for 3 of last 5 years or senior manager for 5 years with responsible for 2 employees, 5+ days exploratory visit and interview required, business plan, sign a deposit agreement for $100,000 to be refunded once the business is established and has been operating for 1 year, create 2 full time jobs, must keep operating the business for 2 years after the deposit is refunded
Prince Edward Island - start a new business, net worth of $600,000, investment of $150,000, age 21-59, high school diploma, CLB 4, have employment or business ownership experience, submit business plan, sign a performance agreement, attend an interview, active management of business, operate business during 12 months before receiving nomination
Alberta - self employed farmer - net worth $500,000, investment $500,000, education, training and work experience in farming, CLB 4, high school diploma, gross annual income of $21,833, business plan, prove that a Canadian financial institution is willing to finance the project
Manitoba - establish or purchase a business or become partner in an existing one within two years of arrival on a work permit, CLB 5, high school diploma, net worth $500,000, investment of $250,000 within Manitoba capital region or $150,000 outside of region, 3 years of experience as active business owner or senior manager in last 5 years, business owner must own 33.3%, explanatory visit within 1 year prior the application, create 1 full time job, submit business plan, sign a business performance agreement. Farm investor pathway - establish and operate a farm in rural Manitoba, net worth $500,000, investment of $300,000 in tangible assets, 3 years of farm ownership and operation experience, prove farming skills, technical knowledge and technological experience, only primary agricultural production accepted, mandatory exploratory visit and interview, must live on the farm and actively manage its daily operations, submit business plan
Saskatchewan - establish or buy or partner in a business, net worth $500,000, investment $300,000 in Regina/Saskatoon or $200,000 in other regions in Saskatchewan, 33.3% ownership or $1,000,000 investment, 3 years of relevant business experience in past 10 years, sign performance agreement, create 2 job positions (non relative workers), business establishment plan. Regular stream Farm Owner Operators - net worth $500,000, good faith deposit $75,000 to be refunded within 2 years after landing and completion of agreement terms, farm operation knowledge and experience, sign performance agreement, exploratory visit of 5 working days. Young Farmer Stream - net worth $300,000, good faith deposit $75,000, under 40 of age, 3 years of farm ownership, practical farming or farm management experience, marketable employment skills, exploratory visit of at least 5 working days.
Northwest Territories - net worth $500,000 and investment of $300,000 in Yellowknife region, net worth $250,000 and investment of $150,000 outside Yellowknife region, deposit of $75,000, purchase or become partner in an existing business or start a new one, 33.3% ownership or $1,000,000 investment, CLB 4, submit business plan, 4 day exploratory visit and interview, sign performance agreement
Yukon - net worth $500,000 including $300,000 in liquid assets, $300,000 investment in first two years with 33.33% ownership, not yet purchased or started the business, business must be in strategic sector, 65 points pass mark, IELTS 4, high school diploma, 3 years of management experience, 5 years of relevant work experience, exploratory visit and interview, submit business and settlement plan to implement within 2 years of arrival before receiving nomination for PR, work permit will be granted for the 2 year period before nomination
Permanent resident status To maintain a permanent resident status you must reside in Canada for 730 days every 5 year period and it can be combination of being physically present in Canada, or accompanying aborad a parent, spouse or common law partner who is a Canadian citizen, or being employed abroad by a Canadian business or Government service, or accompanying abroad a parent, spouse, or common law partner who is employed by a Canadian business or in Government service.
For those who would be working outside of Canada - work should be full time or under a contract, the work assignment should be controlled from the head office in Canada, and a connection needs to be maintained to the Canadian business. Also, the work assignment is temporary, and after the assignment is finished, the person needs to continue to be working for the same employer returning to Canada. Some examples of Canadian business can be legal entities federally or provincially incorporated with ongoing operations in Canada. It also includes companies capable of generating revenue and carrying out activities in anticipation of profit with majority of voting/ownership held by Canadian Citizens, Permanent Residents or Canadian Businesses. The organization should have got created by following the Canadian or provincial laws.
Voluntary relinquishment of PR status To do the above the person needs to have a Canadian permanent resident card with being a citizen of another country outside of Canada. The person should be over 18, and if under 18, all legal guardians must consent on this in writing. Relatives in Canada are not affected by this dissolution of the permanent resident status unless there was an ongoing sponsorship application.
Loss of permanent resident status This can happen when a permanent resident becomes a Canadian citizen or a removal order that was made comes into effect, or a 30/60 day period to file an appeal in/out of Canada expires.
Humanitarian and compassionate factors when loss of permanent resident status occurs Medical condition of the permanent resident or close relative happened with leaving no possible alternative arrangement, or there were circumstances that were beyond control, or if children who had mental or physical disability and were dependent on the parent they were accompanying prevented parents to travel. Officer looks at factors like degree of establishment and ties to Canada, and measures any degree of hardship on he PR and family if the PR status is removed.
Permanent resident Cards Cards are never issued outside of Canada, and a temporary travel document can be issued to enter Canada. PR card gets revoked when a person ceases being a permanent resident.
Citizenship of Canada It is available for people who are born in Canada in Canadian land, airspace, water, and Canadian registered ships and aircrafts. Citizenship for a child still applies even if the parent (s) were not a permanent resident or Canadian citizen or if they were in Canada not on a legal status.
Children born abroad are automatically granted the Canadian citizenship if the Canadian parent (s) are employed abroad as a Crown Servant (with the Canadian Armed Forces, a Canadian Federal Public Administration or in the public services of a Canadian province or territory). Citizenship is not obtained if parent (s) were in Canada in a diplomat or diplomat-like job and neither parent was a permanent resident or a Canadian citizen at the time of birth.
If children is born outside of Canada to a parent who is a Canadian citizen, they become citizens automatically as well. There is no need to any connection to Canada. If the children do not wish to have the Canadian citizenship, they will need to renounce the Canadian citizenship. If the parents died, this still does not affect the citizenship eligibility. It is interesting that the adopted children born outside Canada and adopted by a Canadian parent are treated the same as other children born abroad to a Canadian parent in the context of obtaining Canadian Citizenship
The first generation limit though applies - if born abroad on or after April 17th, 2009, one parent must have been born in Canada or naturalized before the birth. If born abroad before April 17th, 2009, one parent must have been born in Canada or naturalized or could have been born outside Canada to a Canadian citizen (the birth should have been registered with the Canadian government even though the person was born abroad or one of the parents should have been granted Canadian citizenship before the person was born.
After April 17th, 2009, if born abroad to a parent who was born abroad, that person is not a Canadian citizenship unless if the parent's parent was in the same position when the parent was born abroad, the first generation rule would not apply.
Becoming a naturalized Canadian citizen in Canada The person should be minimum of 18 years old and hold a permanent resident status, if a child is under 18, then the parent or legal guardian must apply on behalf of the child and one parent must be a citizen of Canada or applying for the citizenship for same time.
Residency requirement is supposed to be for the permanent resident for 3 years (1095 days) in the last 5 years before applying, and there is no minimum requirement for being present for number of days in each year. A maximum of 1 year can be counted if the person was in Canada as a temporary resident, any time spent as employed abroad as a Crown servant while a permanent resident does counts as if the time was spent in Canada. Also the time spent abroad similar way with a Canadian citizen/permanent resident parent, spouse, or common law partner who is employed abroad as a Crown servant also counts as if the time was spent in Canada.
Income taxes should have been there filed for 3 years, and if the person age is between 18-54 - meeting language requirement is needed, and also to pass the citizenship test. For the test takers - who fail - can also take test again, and if they fail again, then an interview may be scheduled. The oath must be taken in Citizenship ceremony. Exception to this is that all these requirements can be waived for language, citizenship test, oath - if where were compassionate reasons - mental or physical disability.
Language requirement for citizenship is CLB 4 - IELTS general or CELPIP -G, or REF.
Red flags for obtaining citizenship If the permanent resident does not meet requirements, or if the status in permanent resident is in doubt by being subject of a fraud or immigration investigation or inquiry or a removal order on the resident. Any time spent in prison parole/probation does not count towards the citizenship and the applicant cannot apply during this time also. Any charges or convicted of, or on trial for or appealing a charge under the Citizenship Act, or an indictable offence inside or outside of Canada or war crimes/crimes against humanity, or an offence under the Citizenship Act in the 4 years before applying. Or if citizenship was taken away before of fraud in the past 10 years, or if if citizenship application was refused under misrepresentation grounds in the past 5 years, or cannot demonstrate adequate knowledge of Canada and CLB 4 to citizenship officer during the hearing.
Applicant is able to file for leave for judicial renew within 30 days of the date on the refusal letter if application is refused.
Super visas This type of visa is for parents or grandparents of permanent residents or Canadian citizen. It comes with allowing multiple entries and is valid for up to 10 years or from the same validity of the passport minus one month. The person who has this super visa can stay up to 2 years. There is also a mandatory requirement for having taken medical insurance of $100,000 for at least one year from the date of entry. A financial agreement from the child or grand child is also needed for income requirement based on the LICO.
Study permit for students A regular stream requires a valid passport, proof of financial support which will included payment made for tuition fee, living and return travel expenses for students, and family if applicable, police certificate, and medical examinations along with a letter of acceptance from a designated learning institute - DLI, in Canada.
A direct student stream - it is for legal residents of China, India, the Philippines, Vietnam, and Pakistan most recently added in 2019 - the students require medical exam, and a GIC guaranteed investment certificate of $10,000 from a Canadian financial institution, along with proof of tuition payment for first year of study, and submit language score of CLB 7 - IELTS 6.0 overall with no band less than 6.0 in listening, reading, writing, and speaking.
Working while studying For any work from International students - the on-campus work permit is not required, student must have a valid study permit, and enrollment status of full time at a designated Canadian post secondary institute, have a or applied for a social insurance number SIN.
For off campus - work permit is also not required, student has valid study permit, is enrolled full time at a designated Canadian post secondary institution (ESL/FSL/General interest/Preparatory programs are not eligible). Program of study should be for minimum of six months in duration, and student can work 20 hours a week during academic sessions and full time during holidays, student should have or applied for the social insurance number - SIN.
For co-op or internship term - work permit is required, and a valid study permit as well. The intended employment must be essential part of the academic program in Canada, the ESL/FSL/General interest/Preparatory programs are not eligible
Post graduation work permit is required with a valid study permit, the duration is generally same length of study program for people who studied in programs of more than 8 months, but under two years in length. The programs which have two years or longer, the post graduate work permit may be issued for up to three years, student should have graduated from the designated Canadian post secondary institution - the distance learning is not eligible. The application should be made within 90 days after written confirmation of completed studies is received by the student, and there should not had been ever issued a previous post graduate work permit.
Family class Spousal sponsorship - sponsor is supposed to be minimum of 18 years of age, a Canadian citizen, permanent resident or a registered India, and also signs an undertaking promising to provide for the basic requirement of the sponsored person. The income LICO should be met for the past 12 months, and exception to this meeting of income requirement is exempt for the sponsorship of a dependent child who has no dependent child, or an adopted person under 18 years of age, or a spouse, common law partner or conjugal partner with no dependent child. The length of undertaking for spouse, common-law, conjugal partner is three years. For dependent child under 22 when becoming a permanent resident is 10 years or the day the child becomes 25, whichever comes first. For depending child 22+ when becoming a permanent resident is three years. For parent/grandparent and accompanying dependents is twenty years. For all other relatives is ten years.
Parent and grand parent sponsorship - the LICO + 30% must be met for previous three taxation years, and only the Canada revenue agency proof is acceptable
BILL C-35 - Know the law?
Immigration advice cannot be given by any individual who is not a RCIC licence holder or a lawyer authorized to practice in Canada. Penalties up to $100,000 and/or two years in prison