1. IMMIGRATING TO CANADA
*Disclaimer – this presentation is for the purposes of providing information with respect to various immigration programs
that currently exist in Canada only. This presentation does not constitute legal advice and should you require further
clarification or have questions with respect to your own particular situation, you should contact a lawyer or immigration
specialist directly yourself.*
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Permanent Residency
What rights does Canadian permanent residence confer on the holder?
Permanent residents of Canada have the right to:
• get most social benefits that Canadian citizens receive, including health care
coverage.
• live, work or study anywhere in Canada.
• apply for Canadian citizenship after spending a certain amount of time as a
permanent resident in Canada.
• protection under Canadian law and the Canadian Charter of Rights and Freedoms.
What are a Canadian permanent resident’s responsibilities while in Canada?
• Permanent residents of Canada are required to respect all Canadian laws at the
federal, provincial and municipal levels. A conviction for a serious criminal
offence may result in the loss of permanent resident status.
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Does Canadian permanent residence need to be renewed, and if so, when and how?
• Once a permanent resident visa is granted and the holder lands in Canada as a
permanent resident, that status does not have to be renewed. It remains indefinitely
unless the holder applies for and is granted Canadian citizenship or the holder loses
his or her permanent resident status.
• An individual may lose permanent resident status for failure to meet the residency
obligation. That obligation requires a permanent resident to accumulate 730
residency days in each five-year period. Residency days may be accumulated inside
or outside Canada. To accumulate residency days while outside Canada, a
permanent resident must be: with an accompanying Canadian citizen who is their
spouse or common-law partner or, in the case of a child, their parent; employed on
a full-time basis by a Canadian business or in the federal public administration or the
public service of a province; or accompanying a permanent resident who is his or
her spouse or common-law partner or, in the case of a child, his or her parent and
who is employed on a full-time basis by a Canadian business or in the federal public
administration or the public service of a province.
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Federal skilled workers
Federal Skilled Trades Program
Quebec-selected skilled workers
Canadian Experience Class
Start-up visa
Self-employed Persons Program
Family sponsorship
Provincial nominees
Live-in caregivers
Refugees
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Canadian Experience Class
Applicants must meet the following basic eligibility requirements:
• Have at least 12 months of full-time skilled work experience (or an equal
amount in part-time) in the past three years before applying;
• Plan to live outside of the Province of Quebec;
• Have gained the Canadian work experience legally; and
• Meet minimum language requirements
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Federal Skilled Worker Program
• Re-opened in May 2014
1. 35 new occupations have been added
50 eligible occupations: please click here.
2. Previous applicants can re-apply
3. Selection criteria has not changed
No eligibility or selection criteria has been changed. This means that
applicants must still score at least 67 points on the FSW selection grid in
order to be selected for permanent residency. Points are attributed for
factors such as language skills, education, work experience, age, and
adaptability to Canada.
4. Educational assessment reports can be reused
5. Multiple applications may be accepted
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6. No new forms are required
7. Part-time work may be accepted
8. Language requirements have not changed.
9. Processing times are faster
10. Last chance to apply to the FSW program
On January 1, 2015, a new immigration intake system known as Express Entry will
come into force. This system will pre-select applicants for a range of immigration
programs, including the FSW program. As it currently stands, this is the last
opportunity for applicants to apply directly to the FSW program.
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• New Express Entry System – comes into operation on January 1, 2015
• Bring the Canadian immigration process into a more electronic model.
• Select skilled immigrants under the following federal economic immigration
programs: Federal Skilled Worker; Federal Skilled Trades; Canadian
Experience Class
• 2 step process
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Step 1: Complete an online Express Entry profile
• Candidates for Canadian permanent residence will make an expression of interest
in immigrating to Canada by creating an online profile.
• They will provide information about their skills, work experience, language ability,
education, and other personal information.
• Candidates who meet the criteria of one of the aforementioned federal economic
immigration programs will be placed in a pool of candidates.
• If a candidate does not already have a valid job offer from a Canadian employer
or a provincial nomination, he or she must register with Canada's Job Bank, which
will connect him or her with Canadian employers.
• It is important that the information provided is accurate, as providing false
information could disqualify an applicant from re-entering the pool for a number
of years.
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Step 2: Invitation to apply for Canadian permanent residence
• The Government of Canada and Provincial Governments, as well as
employers, will be able to select new immigrants from the Express Entry pool.
The highest-ranked candidates (i.e. candidates considered to have the best
chances for economic success in Canada), and those with valid job offers or
provincial nominations, will be invited to apply for Canadian permanent
residence.
• If a candidate is selected, he or she will receive an invitation to apply for
permanent residence in Canada. He or she will then have 60 days to submit an
electronic application for permanent residence.
• CIC aims to process applications within six months of the date of submission.
Candidates must ensure that they complete all necessary forms and submit all
supporting documents within this timeframe. On completion of the process,
successful candidates and their dependents (spouse and children) will land in
Canada as permanent residents.
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• Under the new Express Entry program, anyone will be able apply. Express Entry
will have no occupation list and applicants can present their credentials
regardless of what industry or profession they are in.
• Canada’s most popular immigration program for foreign workers without a job
offer is the Federal Skilled Worker (FSW) eligible occupation stream. Only a
limited number of applicants can apply (maximum 1,000 per eligible
occupation) and they must have work experience in one of 50 eligible
occupations within the last 10 years.
• Without a cap on the number of applications being accepted for processing,
applicants can apply to Express Entry at any time without fear that the program
will close or fill up before their application is completed.
Note:
Candidates in the Express Entry pool who do not receive an invitation to apply for
permanent residence in Canada after 12 months may resubmit their profile and re-enter
the pool if they still meet the criteria of at least one of the economic immigra
tion programs.
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Preparing for Express Entry:
• IELTS: a language test is required for almost every immigration stream that leads to a
Permanent Resident visa. Documenting one’s language ability may help them
immigrate, and even if an IELTS is not required for Express Entry, the score may still
help an applicant convey their English language proficiency to a potential employer.
• Credential assessment: Under the current FSW programs, foreign diplomas are given
an equivalent value in Canada. The credential assessment can also be an important
first step towards licensing or certification in their field in Canada.
• Resume and reference letters: Many people do not have an up to date resume and
have not needed to ask their employer for reference letters. Beginning to update
and edit a resume, as well as starting to determine how to obtain references may be
useful for job searching or immigrating to Canada.
• Applicants who have already applied to an existing Canadian immigration program
will need to apply separately for Express Entry to be considered under this expedited
program.
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Provincial Nominee Program – Nova Scotia
• Since June 6, 2014, an international graduate from a Canadian college or university,
with a job offer from a Nova Scotia employer, can apply for permanent residency
through the nominee program’s Skilled Worker stream.
• 3 streams – Skilled Worker, Family Business Worker, Regional Labour Demand (closed
since April 2014 – 150 places)
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PNP – Skilled Worker
• Before submitting an application to the Nova Scotia Nominee Program (NSNP),
the skilled worker must have a full-time, permanent job offer from a Nova Scotia
employer.
• Provincial priorities may change as skill shortages are met by permanent residents
or Canadian citizens.
• Skilled workers Defined as individuals with occupation within NOC skill level O, A
or B. Priority will be awarded to these higher skilled occupations.
• Semi-skilled workers have occupations that fall under the NOC skill level C
occupations.
• The Nova Scotia Office of Immigration may consider applications based on local
labour market requirement and conditions, and 6 months of work with the Nova
Scotia employer supporting the application.
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• Low-skilled workers have occupations that fall under the NOC skill level D.
• The Nova Scotia Office of Immigration may consider applications from
individuals in these occupations only if all other eligibility criteria are met, the
principal applicant has worked for at least 6 months with the Nova Scotia
employer supporting the application, there are indicators of success in the
application, and there is strong employer support.
• For skilled, semi-skilled and low-skilled workers, priority will be given to
workers whose employers have made a genuine effort to recruit qualified
Canadian citizens or permanent residents and can demonstrate they’ll provide
additional supports to assist newcomers with their settlement needs.
• The Office of Immigration will not consider applications from individuals on a
federal post-graduation work permit whose occupations fall under NOC skill
level D.
• As of May 1st, 2013, all applicants in NOC skill levels C and D occupations must
submit official language test results with their application to the Nova Scotia
Nominee Program.
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• At the time of submission, you must have work experience equivalent to 12 months
(1,560 hours or more) within the last 5 years, related to the position and skills for the
job.
• The evidence of work experience or transferable skills will be verified by certified
education and work experience via your résumé or curriculum vitae (CV) and
supporting employment documents.
• Federal guidelines generally recommend that immigrants arrive with a minimum of
$11,000, plus $2,000 for each dependent. This recommended amount is reduced in the
case of a principal applicant who is already living in Nova Scotia or has arranged
employment. In all cases, proof of some financial resources in your own name is
required.
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Regional Labour Market Demand Stream
• Now closed – will reopen on January 1, 2015 – NO JOB OFFER REQUIRED (150)
• Be between the ages of 21 and 55;
• Meet minimum language proficiency requirements;
• Have at least two years of continuous full-time work experience within the past
five years in an eligible occupation – Eligible Occupations
• Intend to work in an eligible occupation;
• Be legally residing in current country of residence;
• Have sufficient funds for settlement in Nova Scotia;
• Have at least a high school level of education and a degree, diploma, or
certificate from a post-secondary institution.
• Completed post-secondary program must be at least one year in length
• Demonstrate intent to live in Nova Scotia and ability to become economically est
ablished in the province; Complete an Employment Settlement Plan; and
attend an interview, if required.
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Family Business Worker Stream
• The Family Business Worker stream helps employers hire workers who are close
relatives, and have the work experience and required skills for positions
employers may have been unable to fill with a permanent resident or Canadian
citizen.
• Before submitting an application to the Nova Scotia Nominee Program (NSNP),
the family business worker must have a full-time, permanent job offer from a
Nova Scotia employer who is a close relative and who owns an established
business in Nova Scotia.
• The worker is the business owner’s son or daughter, brother or sister, niece or
nephew (children of brothers or sisters), uncle or aunt (parent’s brothers or
sisters) grandchild (or a step or half-relative of the same degree)
• At this time, under the Family Business Worker stream, the Nova Scotia Office of
Immigration will not consider low-skilled occupations that fall under the NOC
Skill level D.
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Self Employed Stream
The Self-Employed Persons Program seeks to bring people who will become self-employed
in Canada. They must have either:
• relevant experience in cultural activities or athletics, and intend and be able to
make a significant contribution to the cultural or athletic life of Canada, or
• experience in farm management, and intend and be able to buy and manage a
farm in Canada.
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Start Up Visa
Your application to come to Canada through the start-up visa program will
be assessed on a pass/fail basis on four requirements. You must have:
• A Letter of Support from a designated angel investor group, a venture
capital fund or a business incubator.
• An ability to communicate in either French or English equivalent to a
minimum of Canadian Language Benchmark (CLB) 5.
• Completion of one year of study at a post-secondary institution.
• An adequate amount of money in order to settle and provide for the
cost of living prior to earning an income.
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• To be eligible for the start-up visa, you must secure a minimum investment of
$200,000 from a designated Canadian venture capital fund.
• To be eligible for the start-up visa, you must secure a minimum investment of
$75,000 if the investment comes from investors affiliated with one or more of
a designated Canadian angel investor group.
• To be eligible for the start-up visa, you must be accepted into a designated
Canadian business incubator program.
• One of these programs is Innovacorp, which is a Nova Scotia program.
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Recent Changes to Citizenship Act
• On June 19, 2014, the Bill C-24 received Royal Assent and became law
Clarifying the meaning of being resident in Canada (physical presence rather than
residence);
• Modifying the period during which a permanent resident must reside in Canada
before they may apply for citizenship (four years of physical presence in Canada
during the six years preceding the filing of the application);
• Requiring that an applicant for citizenship demonstrate, in one of Canada’s
official languages, knowledge of Canada and of the responsibilities and privileges
of citizenship;
• Specifying the age of which an applicant for citizenship must demonstrate the
knowledge referred to above and must demonstrate an adequate knowledge of
one of Canada’s official languages (changed from 18-54 to 18-64);