Immigration to Canada

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Independent Class Immigration | Business Class Immigration | Family Class Immigration | Student Visa | Work Permit | Visitor Visa (Temporary Resident Visa) | Citizenship | Refugees | Newcomers Introduction to Canada

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Every year, Canada welcomes thousands of new residents. Coming to Canada as an immigrant is an exciting opportunity. If you are interested in immigrating to Canada, you have a number of options when applying for permanent residence status.

Skilled workers are people who may become permanent residents because they are able to become economically established in Canada. To be accepted as a Skilled Worker, applicants must:

• meet the minimum work experience requirements;
• prove that they have the funds required for settlement; and
• earn enough points in the six selection factors to meet the pass mark.

The chart bellows summarizes the available points. 

Canada has three classes of business immigrants: investors, entrepreneurs and self-employed persons.

You must choose to apply under only one of these classes, even if you meet the requirements for more than one class. Features of each type are listed below to help you make that decision. Note that you cannot change the class you are applying under once you have submitted your application.

Investors

Investors must have business experience. They must have either:

(a) managed a qualifying business and controlled a percentage of equity of a qualifying business for

at least two years in the period beginning five years before the date of application, or

(b) they must have managed at least five 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.

The investor class applicant must have a net worth of at least $800,000. They are required to make an

investment of $400,000, paid to the Receiver General of Canada. The investment is subsequently

allocated to participating provinces and territories in Canada. These 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 exact date of repayment depends on when the $400,000 is received by

Citizenship and Immigration Canada. At the latest, the amount would be returned five years and 3

months after the date of payment. The return of the investment is fully guaranteed by participating

provinces and territories.

Features of the Investor Program

• Investors are not required to start a business in Canada;

• Investments are fully guaranteed by provinces and territories that participate in the

program;

• The provinces and territories control the investment during the five year lock-in period;

and

• No immigration conditions are imposed upon admission to Canada.

Under the Canada-Quebec Accord, the province of Quebec operates its own immigrant investor

program. All investors in the Quebec program must intend to live in Quebec and must be selected by

Quebec. In common with the federal program, investors in the Quebec program must invest $400,000

and have a net worth of $800,000.

Entrepreneurs

Entrepreneurs must have business experience. They must have managed a qualifying business and

controlled a percentage of equity of a qualifying business for at least two years in the period

beginning five years before the date of application.

The entrepreneur class applicant must have a net worth of at least $300,000. Additionally, they must

have the intention and the ability to:

1. Control a percentage of equity of a qualifying Canadian business equal to or greater than 331/3% ;

2. Provide active and ongoing management of the qualifying Canadian business; and

Applying for Permanent Residence: Business Class Applicants 7

3. Create at least one incremental full-time job equivalent for one or more Canadian citizens or

permanent residents other than the entrepreneur applicant and their family members.

Entrepreneurs are required to sign a declaration stating they intend and will be able to meet the

conditions of 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.

Under the Canada-Quebec Accord, the province of Quebec operates its own immigrant entrepreneur

program. All entrepreneurs in the Quebec program must intend to live in Quebec and must be selected

by Quebec. In common with the federal programs, entrepreneurs in the Quebec program must have a

net worth of $300,000.

Self-employed persons

Self-employed immigrants must have relevant experience. Points are awarded for

relevant experience within the five-year period immediately preceding the date of application.

Features of the Self-employed persons program

• No immigration 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

· purchase and manage a farm in Canada.

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

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;
• 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.

Spouse or Common-Law Partner in Canada Class

You may also sponsor a spouse or common-law partner from within Canada if they have been living with you in Canada and have maintained their legal temporary status. Sponsorship of a spouse or common-law partner includes their dependent children whether inside or outside of Canada.

Sponsoring a Relative or Family Member

If you want to sponsor any of the above listed relatives or family members, you may have to meet certain income requirements. 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.

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.

Applying as a Sponsored Immigrant

If you wish to become a permanent resident of Canada, your relative or family member in Canada must first apply to sponsor you. You must be one of the relatives or family members listed above to be eligible for sponsorship.

Both you and your sponsor need to sign a Sponsorship Agreement. The Agreement outlines your mutual obligations to each other. Your sponsor must promise to support you and your family members financially for three to 10 years so that you will not need to apply for social assistance. You must promise to make every effort to become self-supporting (unless you are elderly.)

More than 130,000 students come to study in Canada every year. This does not include people studying French or English as a second language. Foreign students bring a rich culture to our classrooms. Your knowledge and skills are welcome in our schools.

The provinces regulate schools in Canada. The provinces are also in charge of health care and medical services. Contact the school where you want to study for more information on living and studying in Canada.

You do not need a study permit if you are planning to study in a short-term program in Canada of six months or less.

Think carefully: We encourage you to apply for a study permit before you come to Canada if you are planning to continue on your studies in another program after the short program. This will allow you to apply for your new program from within Canada. Otherwise, you will have to apply to a Canadian visa office abroad.

Before you come to study in Canada you will need:

• a letter of acceptance from the school of your choice;
•  
• proof that you have enough money to pay school fees and live near the school;
•  
• to establish that you will return home at the end of your studies;
•  
• to pass a medical exam if needed; and
•  
• to qualify as a temporary resident in Canada, including a temporary resident visa if needed.

Every year over 90,000 foreign workers enter Canada working temporarily to help Canadian employers address skill shortages in Canada. Citizenship and Immigration Canada (CIC) and Human Resources Development Canada (HRDC) ensure that these workers will support economic growth in Canada and create more opportunities for all Canadian job seekers.

In almost all cases you must have a valid work permit to work in Canada.

These steps must be followed before you apply for a work permit:

• An employer must first offer you a job.
• HRDC must normally provide a labour market opinion or 'confirmation' of your job offer. However, some types of work are exempt from this process.
• After HRDC confirms that a foreign national may fill the job, you apply to CIC for your work permit.

To visit Canada you:

• must be healthy. You might need a doctor's examination;
• must respect Canadian laws;
• will need a valid passport, proof of who you are or other travel documents; and
• will need a Temporary Resident Visa (TRV) if you are from one of these countries:

Visitor Visa Exemptions

Many people do not require a visa to visit Canada. These include:

• citizens of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei, Costa Rica, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Israel (National Passport holders only), Italy, Japan, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Solomon Islands, Spain, Swaziland, Sweden, Slovenia, Switzerland, United States, and Western Samoa;
• persons lawfully admitted to the United States for permanent residence who are in possession of their alien registration card (Green card) or can provide other evidence of permanent residence.
• British citizens and British Overseas Citizens who are re-admissible to the United Kingdom;
• citizens of British dependent territories who derive their citizenship through birth, descent, registration or naturalization in one of the British dependent territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena or the Turks and Caicos Islands;
• persons holding a valid and subsisting Special Administrative Region passport issued by the Government of the Hong Kong Special Administrative Region of the People's Republic of China;
• persons holding passports or travel documents issued by the Holy See.

• You must be 18 years of age or older to apply to become a Canadian citizen.
• You must be a Permanent Resident.
• You must be in Canada legally as a "permanent resident."

You must have lived here for at least three years

You must have lived in Canada for at least three years out of the four years right before the day you apply. For example, if you are applying for citizenship on 1 June 1997, we will count back to 1 June 1993. The time you spent in Canada BEFORE you became a resident will be counted as half time only if it happened within these four years. All the time you lived in Canada after you became a permanent resident counts as full time. If you came to Canada on a visa (for example on a student or work visa) before becoming a permanent resident, you may call the Call Centre (see below for the numbers) to find out when you can apply for citizenship.

You must know English or French

English and French are the official languages of Canada. You must know enough of either language so that you can understand other people and they can understand you. This means you need to be able to speak and understand spoken English or French or be able to read and write in simple English or French.

You must learn about Canada

You must know about the rights and responsibilities that Canadians have, such as the right to vote. You must also know some things about Canada's history and geography, and about our political system. When we receive your application, we will send you an acknowledgement letter as well as a copy of the free publication A Look at Canada. You should be able to answer questions about all the information in A Look at Canada when you go for your citizenship test.

Applying for children

Children do not need to have lived in Canada for three years. If you are the parent of a child who is under 18 years of age, you may apply for your child as soon as the child receives permanent resident status. To apply for your child, you must already be a Canadian citizen or be applying to become a citizen.

Children do not write the citizenship test.

Who cannot become a Canadian Citizen?

You cannot become a Canadian citizen if:

• you are or were in prison, on parole or on probation in the past four years.
• you were convicted of an indictable crime in the past three years; or
• you have been charged with a crime -- an indictable offence;
• you are under a deportation order and are not allowed to be in Canada now;
• you are now charged with an offence under the Citizenship Act;
• you are under investigation for a war crime or a crime against humanity; or
• your Canadian citizenship has been taken away (revoked) in the past five years.

The above list, however, is not intended to include all prohibitions -- things which could stop you from becoming a Canadian citizen.

The application form has important information on it about "prohibitions." It is important you read this information before you fill in the form.

The Citizenship Act states that you must tell us this information when you apply for citizenship. We will check with the police to find out if you have a criminal record that would keep you from becoming a Canadian citizen. We will also check immigration records to make sure that you are in Canada legally. If you think you may not qualify because you have been charged with a crime or have a criminal record, or if you need any more information on this subject, please contact the Call Centre (see below for the numbers).

Canada offers protection to people in Canada who are afraid of returning to their home country. A claim for protection can be made at a port of entry or at a Canada Immigration Centre (CIC) office in Canada. Once a CIC officer decides that a refugee protection claimant is eligible to be referred, the claim is sent to the Immigration and Refugee Board (IRB) for a decision on the risk on return.

Protection is conferred when the IRB determines that they are a Convention refugee or person in need of protection.

Convention refugee

A Convention refugee is a person who is outside of their country of nationality or habitual residence and who is unable or unwilling to return to that country because of a well-founded fear of persecution for reasons of race, religion, political opinion, nationality or membership in a particular social group.

Person in need of protection

A person in need of protection is a person in Canada whose removal to their country of nationality or former habitual residence would subject them to the possibility of torture, risk to life, or risk of cruel and unusual treatment or punishment.

Protected person

A protected person can either be a Convention refugee or a person in need of protection.

Cases Not Sent to the IRB:

The following categories of persons are not eligible to have a claim referred to the IRB:

• Persons recognized as Convention refugees by another country to which they can be returned;
• Persons already determined to be protected persons under the Immigration and Refugee Protection Act or its regulations;
• Persons who arrived in Canada, directly or indirectly, from a country other than their country of nationality or former habitual residence and designated by the Immigration and Refugee Protection Act regulations;
• Persons who were determined to be inadmissible on grounds of security, human rights violations, serious criminality or organized criminality;
• Persons who had a previous refugee protection claim rejected by the IRB;
• Persons who had a previous refugee protection claim determined to be ineligible for referral to the IRB; or
• Persons who had a previous refugee protection claim withdrawn or abandoned.

Newcomer's Introduction to Canada

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