Facilitating your Application Process to Canada

Applying for Permanent Residency through Express Entry

NOTE: on January 1, 2015 the Government of Canada launched Express Entry – a new application management system. Participation in Express Entry will be mandatory for all economic immigrants under the Canadian Experience Class, the Federal Skilled Worker Program, the Federal Skilled Trades Program, and optional for Provincial Nominee Program applicants.

The Application Process and Comprehensive Point System

Applicants who qualify for one of Canada’s economic immigration streams (see below) will be required to complete an online candidate profile using Express Entry. Applicants will receive points based on a number of factors meant to assess a candidates ability to succeed in Canada. A maximum of 1200 points will be awarded as follows:

– 500 points: Core Human Capital Factors, including age, education, language and Canadian experience

– 100 points: Skill Transferability, including foreign qualifications, degrees and work experience

– 600 points: Positive Labour Market Impact Assessment or Provincial Nomination Certificate

Applicants being accompanied by a spouse or common-law partner will receive 100 fewer points in Core Human Capital Factors and Skill Transferability with those points instead being assigned to the accompanying spouse or common-law partner in order to make up the comprehensive total.

Applicants who do not already hold job offers supported by a positive Labour Market Impact Assessment will also be required to register with the Job Bank.  The Job Bank will assist applicants in connecting with prospective employers in support of their application.

The Express Entry pool of applicants will be reviewed regularly and top ranked candidates, as well as those holding job offers supported by a positive Labour Market Impact Assessment, will receive an Invitation to Apply for Permanent Residency. Once invited, candidates will have 60 days to complete their application.

Economic Immigration Streams – An Overview

In order to apply for Permanent Residency in Canada through Express Entry you must qualify for one of the Economic Immigration Streams below.

Canadian Experience Class

The Canadian Experience Class allows foreign nationals who have been working in Canada for a period of one year to apply for permanent residence on the basis of their Canadian experience. In order to be eligible, applicants must have a minimum of one year of full-time skilled work experience in Canada in the three years before applying, meet certain language criteria, and plan to live outside of Quebec.

Provincial Nominee Programs (PNPs)

Most provinces in Canada (Ontario’s program will be created soon) have an agreement with the Government of Canada that allows them to play a more direct role in selecting immigrants who wish to settle in that province. Please contact us to discuss this. The first stage is applying to the province where you wish to settle. The province will consider your application based on their immigration needs and your genuine intention to settle there.
Before applying to immigrate to Canada, provincial nominees must complete the provincial nomination process. After you have been nominated by a province, we will have to make a separate application to Citizenship and Immigration Canada (CIC) for permanent residence. A CIC officer will assess your application based on Canadian immigration regulations.
Provincial nominees are not assessed on the six selection factors of the Federal Skilled Workers Program.

Skilled Worker Program

Applicants who possess a high level of education and/or significant work experience that can be transferred to the Canadian labour market, usually apply under this category. The Applicant must meet certain criteria in order to qualify for immigration under the Skilled Worker category. The immigration criteria are set out in a point system format.

The Point System

The Applicant’s qualifications are assessed through a point system. This point system is made up of six (6) factors to which a visa officer will allocate points. These factors are:

Education (maximum 25 points) – The highest level of education attained, and the total number of years of education by the Applicant.

Language Ability (maximum 24+4 points) – The Applicant’s ability to speak, listen, write, and read in either one or both of Canada’s official languages – English or French. Please note that if the Applicant claims points under the language factor, proof of language proficiency must be provided. Proficiency in a second official language is worth an additional 4 points.

Work Experience (maximum 15 points) – The number of years the Applicant has worked in his/her profession.

Age (maximum 12 points) – The current age of the Applicant. The ideal age is between twenty-one and forty-nine (21-49) years.

Arranged Employment in Canada (maximum 10 points) – Either of a) a permanent job offer in Canada for which the Applicant is qualified, or b) the Applicant is currently employed in Canada and holds a work permit which is valid for twelve (12) months, and was confirmed by HRSDC.

Adaptability (maximum 10 points) – The Applicant may be awarded points under this factor if they can show that they or their dependants will adapt easily to living in Canada. Examples are: spouse’s education, arranged employment, and family members who are Canadian Permanent Residents or Citizens.

The current pass mark is 67 points. Should the Applicant receive a score which is slightly less than the pass mark, discretionary points may be awarded by the visa officer if the Applicant can show their ability to successfully establish himself/herself in Canada. Please contact our office for further information regarding discretion cases.

Spouses

A spouse is defined as an individual who is 16 years of age or older and is a:,

spouse by marriage;
common-law partner; or
conjugal partner

Dependents

A dependent child is defined as:

A child under the age of 19 and does not have a spouse or common-law partner;
A child who financially dependent on a parent since before the age of 19 because of a disability.

Medical Examinations

The Applicant and each of his/her dependents (whether accompanying the Applicant or not) is required to undergo a Medical Examination. The Medical Examination must be performed by a physician who has been approved by Citizenship and Immigration Canada to perform these important exams. The Applicant and each dependent must pass the Medical Examination, therefore showing that none of them has a medical condition that creates a danger to public health, or would cause significant demands on Canada’s health and/or social services.

Police Certificates

Each Applicant and dependent over the age of eighteen (18) must provide police clearances from each country in which they have resided for more than six months. The Applicant may have to consult various Consulates, Embassies and High Commissions for countries where difficulties arise in obtaining the required clearances.

Leaving Canada

A Permanent Resident is free to travel in and out of Canada. However, in order to comply with the residency obligations, he/she must accumulate two years of physical presence in Canada for every five-year period after they become a landed Permanent Resident (arrived in Canada). An exception to this rule would only apply to any one of the following:

The Permanent Resident is accompanying a Canadian-citizen spouse or common-law partner;
The Permanent Resident is a child under 19 years of age, accompanying a Canadian-citizen parent;
The Permanent Resident is employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province; or
The Permanent Resident is a child under 19 years of age, accompanying a permanent resident parent who is outside Canada and employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province.

A Permanent Resident may lose his/her status if she/he fails to comply with the residency obligations. When a Permanent Resident fails to meet their residency obligations, a departure order may be issued. This order requires that person to leave Canada. The decision to issue a departure order may be appealed to the IAD within 30 days of receiving the notification.

For further information regarding the procedures for applying for Canadian Permanent Residence under the Skilled Worker Category, please contact our office.

As of January 1, 2015, the Federal Skilled Trades program is now managed under the new expedited electronic management system called Express Entry.  The key change from before January 1, 2015 you must create a profile in Step 1 of the Express Entry process, and be ranked according to your personal qualifications.  Based on this ranking (out of a maximum 1,200 points), Citizenship and Immigration Canada (CIC) will make regular draws and send invitations to apply for permanent residence, to the highest ranked and most qualified candidates from the Express Entry profile pool.  Step 2 is to submit your application and supporting documentation to CIC for the permanent residence approval process, with the goal of approvals in less than 6 months, based on verifying your qualifications and meeting other security, medical and admissibility criteria.

Three federal skilled worker/trade immigration programs are now managed under this new Express Entry system, with plans to expand further.  With the new Comprehensive Ranking System scoring system, it has become more challenging to successfully apply for permanent residency status in Canada; however, the benefits are: once invited to apply, the process should take less than 6 months to complete, and; there are no more caps or quotas for programs currently managed under this new electronic and expedited system.

Fortunately for prospective applicants, there is a continued need for federal skilled trades workers in Canada, and jobs are available almost on-demand, within in-demand industries and urban centres the country.

The minimum requirements to be eligible include:

Have at least two years of full-time (or an equal amount of part-time) work experience in a skilled trade within the five years before you apply;
Meet the job requirements for that skilled trade as set out in the National Occupational Classification (NOC) skill type B except for needing a certificate of qualification;
Meet the required language proficiency levels in English or French for each language ability (speaking, reading, writing, listening);
Have an offer of full-time employment for a total period of at least one year, OR
A certificate of qualification in that skilled trade issued by a Canadian provincial or territorial authority;
You must be admissible to Canada;
You must plan to live outside the province of Quebec.

The Skilled Trades currently eligible for the Federal Skilled Trades Program are organized under these major and minor groups of the NOC:

Major Group 72: industrial, electrical and construction trades;
Major Group 73: maintenance and equipment operation trades;
Major Group 82: supervisors and technical jobs in natural resources, agriculture and related production;
Major Group 92: processing, manufacturing and utilities supervisors and central control operators;
Minor Group 632: chefs and cooks, and;
Minor Group 633: butchers and bakers.

Speak to an immigration professional at Mamann, Sandaluk & Kingwell LLP to schedule a consultation about whether you qualify to apply for permanent residency under the Federal Skilled Trades program.

As of January 1, 2015, the Federal Skilled Trades program is now managed under the new expedited electronic management system called Express Entry.  The key change from before January 1, 2015 you must create a profile in Step 1 of the Express Entry process, and be ranked according to your personal qualifications.  Based on this ranking (out of a maximum 1,200 points), Citizenship and Immigration Canada (CIC) will make regular draws and send invitations to apply for permanent residence, to the highest ranked and most qualified candidates from the Express Entry profile pool.  Step 2 is to submit your application and supporting documentation to CIC for the permanent residence approval process, with the goal of approvals in less than 6 months, based on verifying your qualifications and meeting other security, medical and admissibility criteria.

In other words, the three federal immigration programs now under the Express Entry process, including the Canadian Experience Class have gotten more difficult and competitive; however, if you have the experience, skills, language proficiency and or/arranged employment to rank you amongst the top of the Express Entry pool, the approval process to gaining permanent residence can now be completed in 6 months or less.

Regarding the Canadian Express Class itself, the criteria are:

12 months of Canadian full-time skilled (or an equal amount in part-time) work experience (NOC 0, A or B) under a valid work permit in the previous three years before you apply;
There is no education requirement for CEC – but to earn CRS points under Express Entry, you either need:
A Canadian secondary (high school) or post-secondary certificate, diploma or degree, OR
A completed foreign credential AND an Educational Credential Assessment (ECA) report from a CIC-approved agency)
Meet the required language levels needed for your job in each language area (reading, writing, speaking, listening) – minimum CLB 7 for NOC 0 and A jobs and CLB 5 for NOC B jobs from a language test approved by CIC
Plan to live outside the province of Quebec.

Important note: self-employment and work experience gained while you were a full-time student (for example, on a co-op work term) does not count under this program.

Canada offers the most established and the most widely used investment immigration programs in the world conferring permanent resident status. Canada accepts close to six thousand business applicants annually providing permanent residence to 15,000 immigrants. Canada offers European style social benefits complete with the resultant high levels of taxation and unparalleled quality of life. Under the Canadian model, business immigrants can enjoy the benefits of a national health care program, affordable first class education and a national pension system that provides measurable annual income upon retirement.

Canada’s constitutional laws feature a dual immigration system. Business immigrants can therefore choose between a Federal immigration program composed of the English speaking provinces and a more popular program exclusively managed by French speaking Quebec. The Quebec immigration program offers significantly faster processing times and other benefits.

THE INVESTOR PROGRAM

The Federal Investors Class

The Federal Investor program is passive in nature and requires an investment of $400,000 CAD which is deposited with the Receiver General of Canada and a personal net worth of $800,000 CAD with two years of suitable management or business experience. The investment bears no interest and must be maintained for five years. Applicants may state a desire to live anywhere in Canada except Quebec. The investment is government guaranteed and the proceeds are allocated to the Provinces excluding Quebec.

The intention is to attract business acumen and investment to Canada. A qualified applicant has typically owned and/or managed an active trade or business, which may include professional practices, rather than merely managing investment activities. In this context gray areas include professionals that don’t manage the business, passive real estate investors and investment managers. For example developing real estate may qualify where as merely owning real estate may not qualify. Gifts and inheritances only qualify where the applicant parlayed the gift or inheritance into a business that he or she actively manages.

The regulations require management of five or more full-time employees or compliance with two of four bright light tests, designed to define the scale of the underlying business, for at least two years in the period beginning five years before the date of the application and ending on the day a determination is made on the application;

• Percentage of ownership in the enterprise times number of full time employees, not less than two;
• Percentage of ownership times total annual sales not less than $500,000;
• Percentage of ownership times net income not less than $50,000;
• Percentage of ownership times year end net assets not less than $125,000.

The Federal program permits applicants to finance the bulk of their investment through designated banking institutions. Typically the financing schemes require a down payment of $120,000. The bank loans the applicant the balance of $280,000. The applicant deposits the sum of $400,000 with the Receiver General. The Canadian government guarantees repayment of the bank loan not the investor’s down payment.

The bank takes fees and interest from the down payment, the immigration agent takes their commissions from the down payment. The Federal government disburses the net proceeds to the Provinces for use in a variety of public projects. The net cost to the investor is the down payment. The five year investment period begins following visa issuance.

The QUEBEC Immigrant Investor Program

The Quebec program is virtually the same as the Federal program with the following important distinctions: the investment is guaranteed by the Province of Quebec; professionals such as doctors, dentists, accountants and lawyers do not qualify as management experience; one must state an intention to settle in Quebec; the investment proceeds are allocated to the Province of Quebec rather than the English speaking provinces and the five year investment period begins following Quebec approval, even before the investor comes to Canada. If the investor is refused by the Federal authorities for a medical or security inadmissibility, the investment is refunded.

A Quebec investor is defined as a foreign national with three years of management experience in a lawful and profitable agricultural, industrial or commercial enterprise, in a government body or an international body and who possesses a personal net worth of $800,000 CAD accumulated through lawful economic activities. The investor must also undertake to invest $400,000 CAD for five years, in a prescribed (government guaranteed) investment.

When assessing applications, the definition of management experience is strictly followed and given a narrow interpretation by the Quebec government authorities. It states:

“The actual assuming on a full-time basis of responsibilities and duties related to the planning, managing and control of material, financial and, where applicable, human resources, provided that such responsibilities and duties are not assumed in the context of an apprenticeship, training, or specialisation process attested to by a diploma”.

One may finance the investment in a manner similar to the Federal program except that the Province of Quebec designates securities brokerage firms and investment banks to finance the investment rather than banks.

The Quebec program has been more popular than the Federal program because they process the applications much faster and pay brokers higher commissions. It’s that simple. The final result is no different than the Federal program except that an applicant must land in the Province of Quebec. But the Canadian Constitution allows Canadian permanent residents to land in Quebec and move elsewhere later.

Once approved the Quebec destined applicant will undergo Federal security and medical background checks prior to visa issuance, which generally takes place within 3-6 months following Quebec approval.

THE ENTREPENEUR PROGRAM

The Federal Entrepreneur Class

The Entrepreneur class confers permanent residence upon applicants who demonstrate an ability to become economically established in Canada on the basis of their two years of suitable business experience and a personal net worth of $300,000 CAD. Approval is contingent upon the entrepreneur undertaking to invest and become involved in the active management of a qualifying Canadian business operated in Canada that will contribute to the economy and create employment for Canadians.

There are two important distinctions from the Investors Class. First, the Entrepreneur Class applicant must establish and become active in the management of a qualifying Canadian business in Canada. Approved applicants are therefore admitted to Canada under a conditional visa and must report regularly to immigration authorities. Applicants who do not fulfill their qualifying Canadian business conditions may be subjected to removal hearings which could lead to deportation of the applicant and family members.

Second, applicants without qualifying business experience cannot qualify. Thus unlike the Investors Class, the management of five or more full-time employees option is not available under the Entrepreneur Class.

To Qualify a successful Entrepreneur Class applicant is one who has:

• Managed a qualifying business and has controlled a percentage of equity of the qualifying business for at least two years in the period beginning five years preceding the application; AND
• Possesses a personal net worth of C$300,000 legally obtained (assets may comprise of inheritances as well as the assets of a spouse/common-law partner/same-sex partner) AND
• Undertakes to control at least 33% of the equity of a qualifying Canadian business and provide active and ongoing management of the qualifying Canadian business that will create at least one incremental full-time job (37.5 hours per week or more) for Canadian citizens or permanent residents, other than the entrepreneur and their family members. This condition must be fulfilled for a period of one year within the period of three years after the day on which the entrepreneur becomes a permanent resident. This is known in the industry as meeting entrepreneurial terms and conditions.

The Quebec Entrepreneur Program

The Quebec program differs substantially from the Federal program.

A Quebec entrepreneur is defined as a foreign national with three years of management experience in a lawful and profitable agricultural, industrial or commercial enterprise and who will establish, acquire or participate in the active management of a lawful and profitable agricultural, industrial or commercial enterprise that will immediately employ three full-time residents of Quebec, other than the foreign national and his accompanying dependants.

To qualify, an applicant must possess a personal net worth of $300,000 acquired legally, and have sufficient settlement funding to cover the cost of the applicant’s first three months of living expenses in Quebec.

Like Investor applicants, the definition of management experience is strictly followed and given a narrow interpretation by the Quebec government authorities.

Unlike the Federal program, Quebec entrepreneur applicants must successfully defend a business plan during a selection interview which presented in general terms, outlines the feasibility and relevancy of the project to Quebec. The selection interview is typically preceded by a preliminary market visit to the Province of Quebec by the applicant.

Once approved, the application proceeds to Federal security and medical verifications followed by visa issuance with mandatory terms and conditions, within an overall processing delay which can vary between 18-30 months.

Applicants who do not plan to remain in Canada on a full-time basis should not even consider applying under the Entrepreneur program.

THE SELF EMPLOYED CLASS

The Federal Self Employed Class

The self employed class is geared towards applicants who have relevant self-employment experience as well as the intention and the ability to create their own employment and make a significant contribution to the cultural, artistic or athletic life of Canada, or to create their own employment by purchasing and managing a farm in Canada.

A successful applicant is one who has at least two years of experience in the period beginning five years before the date of the application and ending on the day a determination is made on the application, in self-employment in cultural activities or in athletics; participation at a world-class level in cultural activities or athletics; or farm management experience.

To qualify, the applicant must demonstrate a sufficient financial net worth which, although somewhat less than an entrepreneur and not specified in the regulations, should enable the applicant to be self-employed in Canada and make a significant contribution to specified economic activities in Canada and to meet the initial settlement requirements for the applicant and accompanying dependants.

The QUEBEC Self Employed Program

Self-employed applicants are assessed in Quebec under a point system. To qualify, the self-employed must have two years of applicable experience, possess a personal net worth of $100,000, have sufficient settlement funding and will come to Quebec to create employment for the applicant by practicing a profession. Successful unmarried applicants must obtain 40 points out of a possible 84 points on pre-selection and 50 points out of a possible 94 points on selection. Married applicants must obtain 48 points out of a possible 101 points on pre-selection and 58 points out of a possible 111 points on selection.