PERMANENT RESIDENCE VISAS
Individuals who wish to reside in Canada permanently must obtain an immigrant visa prior to coming to Canada to reside permanently. An immigrant visa entitles the holder to reside in Canada permanently. A Canadian permanent resident is entitled to, among others, universal health care and post-secondary education at tuition fees set for residents or citizens. In order to maintain permanent residence in Canada the resident must live in Canada for 2 years in every 5 year period.
An application for an immigrant visa must be made at the Canadian Visa Post (Embassy/Consulate/High Commission) responsible for processing immigrant visas for your country of nationality or residence.
Immigrant Visas are available under the following categories:
1. Skilled Worker.
2. Business.
3. Family Reunification.
Below is a broad overview of these categories to help you decide which
category best suits you.
1- SKILLED WORKERS
All workers are awarded permanent visas on the basis of a points system. Currently applicants under the skilled worker category must accumulate 67 points in order to be eligible for a permanent visa. Individuals are awarded points for their age, education, work experience, ability in English and/or French, wether they have family members in Canada, whether they have worked or studied in Canada previously, and whether they have a job offer that has been approved by Human Resources Skills Development Canada.
This category can, among others, cover individuals who work in professions such as engineering, law, medicine, architecture, health occupations as well as skilled trades such as chefs, carpenters, and tool and dye makers. These are only examples and this category covers a very large range of individuals.
2- BUSINESS
Permanent Residence business visas are available in 3 categories,
a) Entrepreneur.
b) Investor.
c) Self-employed.
a) Entrepreneurs
Entrepreneurs can qualify for a permanent visa if they have owned or operated their own business. In order to qualify the business operated by the potential candidate must meet certain financial criteria in any two of the last 5 years of operation. You do not have to be a 100% owner of the business. In addition, you must have a minimum net worth of $300,000.00 CDN.
A permanent residence visa under the entrepreneur category has terms and conditions attached to it. These terms and conditions require the candidate to either purchase or establish business in Canada that would need to meet certain financial criteria within the first 3 years of the candidate arrival in Canada. You must be at least a 1/3 owner of the business.
b) Investor
Under the investor category the individual is required to invest in a government approved investment funds. In order to qualify under this category you must have a minimum net worth of $800,000.00 CDN. In addition, you must have either owned and operated a business which meets certain financial criteria in at least 2 of the last 5 years or have held a management position and managed five full time employees in at least 2 of the last 5 years. Unlike the entrepreneur visa, the permanent residence visa under this category has no terms and conditions attached to it.
c) Self-Employed
In this category the individual must have the intention to create self-employment in an activity related to cultural activities, athletics or the purchase and management of a farm.
3. FAMILY OF UNIFICATION
The family of unification category allows Canadian citizens or permanent residence to sponsor specified relatives. These applications are commenced by the sponsoring relatives in Canada and finalized at the Canadian Visa post responsible for the sponsored relative's country of nationality or residence. In the case of spouses (married, common-law and same-sex), one of the specified relatives, these applications can also be commenced and finalized within Canada where the sponsored spouse is in Canada.
Hart A. Kaminker can assess your qualifications for admission to Canada as a permanent residence upon completion of the assessment.
In connection with the permanent visa categories there may be medical and or criminality issues which may make an individual inadmissable to Canada. Hart A. Kaminker through his knowledge of Canada's immigration laws is in a position to advise you as to whether or not any medical or criminal problems would make a potential candidate inadmissable to Canada and how to if possible overcome those difficulties.
TEMPORARY VISAS
Temporary visas are available in the following categories:
1. Work Permit
2. Student Permit.
3. Visitor Permit.
1. WORK PERMITS
Work permits are necessary for most foreign nationals who wish to work in Canada. In most cases the employer who wishes to hire the foreign nationals will be required to obtain a positive labour market opinion from Human Resources Skills Development Canada (HRSDC). There are some exceptions to the requirement to obtain a positive labour market opinion. These exceptions may be covered by international agreements such as the NFTA, GATS or the CCFTA (Canada's trade agreement with Chile).
Other categories which are exempt from the necessity of a labour market opinion from HRSDC are (this list is not exhaustive):
* Individuals who will provide a significant benefit to Canada (where they are clear social, cultural or economic benefits to Canada).
* Intra-Company transferees (covering senior managers and specialized knowledge workers).
* Entrepreneurs/Self Employed (covering primarily individuals who are seeking to establish themselves permanently in Canada as an entrepreneur or self-employed person).
Where a labour market opinion is required by HRSDC and where HRSDC provides a positive labour market opinion, the foreign national uses the positive labour market opinion in order to obtain a work permit. In order to obtain a positive labour market opinion from HRSDC, the Canadian employer will need to meet certain criteria and requirements, one of which is to demonstrate efforts to recruit Canadians or permanent residence to fill the position in question.
2. - STUDENT PERMITS
Student permits are necessary in most cases where a foreign national wishes to persue a course of study in Canada. This may be at post secondary institutions such as a university, college, or private college or secondary studies at Canada's public schools or private schools. In order to obtain such a permit an application must be made to the relevant Canadian visa post.
3. VISITOR PERMITS
Visitor permits are available for individuals who wish visit Canada for any number of reasons including visiting relatives, visiting for pleasure, or visiting to explore business opportunities.