How can I immigrate to Canada?
There are several ways that you can immigrate, the most common way is to apply to a Canadian Visa office as a skilled worker and have your application assessed under the point system that Canada uses. This system assesses your occupation, education, experience, age, language abilities and personal suitability. Currently you require 67 points out of 100 to be successful. This type of application can take from 2 – 5 years to process depending on the visa office you will use. Citizenship and Immigration Canada website can give you more detailed information: www.cic.gc.ca.
Will having an employer help me?
Having a Canadian employer who would be willing to assist your application can be a large benefit in immigration to Canada. The employer can obtain an Arranged Employment Opinion from the government of Canada to indicate that the employer has attempted to locate workers in Canada, is paying the current wage level of this occupation and that the working conditions are acceptable. With this approval you can submit it with your skilled worker application and you will receive additional points and your application will be assessed faster than the normal skilled worker application.
What about the Provincial Nominee Program?
The Province of British Columbia has a Nomination Program, where the employer can submit an application about the labour shortage they are facing and seek approval from the province to bring a foreign worker to B.C. to fill this need. With approval under this program you then submit your application to the Visa office under the skilled worker class, Provincial Nominee and it will be fast tracked to completion. You can also under this program request a work permit to allow you to come early to start work while your application is being processed. With the Provincial approval the point system of Canada is not used and you will be required to only pass your medical and security/background checks. This allows you to know that you will most likely become a Permanent Resident of Canada and assist in your decision to come early with only a work permit to start. Your family of course can also come and your spouse can be issued a work permit and your children can obtain study permits to go to school.
What is the difference between a Work Permit and Permanent Resident status?
A Canadian employer can also seek from the Canadian Government permission to hire a foreign worker to fill a labour shortage on a temporary basis this is called a labour market opinion. You as a foreign worker can not normally obtain a work permit without first having an employer in Canada seek this opinion. The employer has to show their efforts on filling the job from within Canada, the wages being paid and the working conditions of the job. If approved, you can take this approval to the Visa Office to apply for your work permit. When you apply for your work permit the immigration officer will require that you show that you have the experience and education that the Canadian employer looked for in their efforts to find a worker in Canada. This work permit will only allow you to work for the period of time that was authorized and unless an extension is given you will be required to leave Canada at the expiration of the document. It can assist you however to be in Canada working while your skilled worker application is being processed. These work permits are issued as employer specific documents and to change employers, the new employer would have to go through the process of obtaining permission to hire a foreign worker. If however your permanent application has not been completed and your work permit can not be extended you would no longer be able to continue to work.
Permanent Resident Status means that you have completed the process and you have been granted this status. You can then remain and live and work in Canada for as long as you wish. Permanent Resident Status in not Canadian Citizenship and unless you take out Canadian Citizenship you will remain a citizen of your present country.
What is a simplified application?
Due to the present backlog of application at most Canadian Visa offices, the Government of Canada decided to allow applicants to submit a less detailed application to allow them to secure a place in the line. Once your application will begin the review process then you will be required to submit all documents along with the detailed application forms.
Why are there such long backlogs?
Currently Canada takes approximately 250,000 immigrants each year. Those numbers are broken down into each category of Immigrant; Family Class, Skilled Worker, Business, Refugees etc and then each Visa office is given their target numbers to meet the total number. It is believed that there is currently over 800,000 applications waiting processing at Visa offices world wide. As well each application will have usually more than one person attached to it.
Do all Skilled Worker applicants use the simplified application?
If you will receive points due to having an arranged employment option or if you are applying under the Province of B.C. Nomination program you will not use the simplified application. Under there two programs your application will receive faster processing times so you will need to submit the detailed application. If you will be using the Buffalo, New York Visa office you will also not use the simplified application.
There is no Canadian Visa office in my City?
Canadian Visa office are located around the world, however not all deal with immigrating to Canada on a permanent basis. Some only deal with visitors, workers or students. You will need to look at the Citizenship and Immigration website to determine which Visa office will deal with your application to Immigrate. In most cases the visa office will deal with your application by mail and will only require you to come to an interview if there are questions that can only be dealt with by way of an in person meeting. Once completed your visa will be mailed to you for presentation at the port of entry you arrive at in Canada.
Will I be required to take a Medical?
All applicants for Permanent Resident Status in Canada must take and pass an Immigration medical. The visa office will advise you of the procedure and the doctors who are allowed to do the Canadian medical in your area. Do not take a medical until they send you the information.
Do I require Police Certificates?
Yes you will need to supply a police certificate for each country that you have lived in for more than 6 consecutive months, since your 18th birthday. More information on these procedures are available on the CIC website.
How can I apply for a work permit?
A work permit allows you to work for a Canadian employer for a temporary period of time. You will need in most cases to have found an employer who will go through the labour market opinion procedures to hire a foreign worker. The Federal government breaks down jobs into skill levels and if your job falls into one of 3 major groups of skilled occupations then a work permit can be issued that allows you to continue working in Canada as long as the employer can demonstrate a need and that there are no workers available from within Canada. A work permit does not however create permanent resident status at some point. You would still have to apply for that process if you wanted to live in Canada permanently.
If I obtain a work permit what about my spouse and children?
Under the skilled worker occupations if you are issued a work permit then your spouse can apply for one from within Canada once you arrive. Some visa offices may also issue one to your spouse when yours is issued you should ask when you apply if this is possible. As well your children can apply at the visa office for study permits to attend school.
How long can I be on a work permit?
When your employer seeks a labour market opinion to hire a foreign worker they indicate how long they will need the worker. Most employers ask for one or two years and if before your work permit expires they seek an extension and can show a continued need for your experience then with approval you can apply in Canada for an extension. This can go for as long as the employer continues to get approval for their request.
Can I go to Canada and then apply for a work permit?
There is no regulation in the Immigration Act that allows someone to apply in Canada for a work permit. If you were in Canada and your employer was able to receive a positive decision on a labour market request then there are two options available to obtain a work permit. The first is only available to people who are from countries that do not require a visa to come to Canada. If you are from one of those countries you can exit Canada at a land border to the U.S.A. and seek re entry and apply for your work permit at that port of entry. If you are from a country that requires a visa you can only obtain your work permit from a Visa Office. The closest visa office to British Columbia is Seattle Washington, U.S.A. This can be difficult if you do not have a visa to the U.S.A.
What about NAFTA and a work permit?
If you area citizen of the U.S.A. or Mexico it might be possible for you to obtain a work permit using this program. In short there are two basic areas of NAFTA. First, people who work for a company in Mexico or the U.S.A. and may be required to come to Canada to work for that company. The other is people wanting to come and work for a Canadian employer. Under NAFTA you must fall into an occupation that has been authorized and currently those occupations are classified as “Professionals”. These occupations all require an education level of at least a baccalaureate degree and are limited to only the occupations that have been agreed on by all three countries. A list of these occupations can be obtained on the CIC Website: http://www.cic.gc.ca/english/resources/manuals/fw/fw01e.pdf
Will I need a medical to have a work permit?
If your employment will be in a health related field or working with children you will be required to under go a medical examination before a work permit will be issued to you. As well if you are from a Visa required country and you will be in Canada working for more than six months you may also be required to have a medical examination.