Immigration Canada Permanent Resident FAQs
What is Family Class Immigration - Permanent Residence in Canada?
Answer:This deals with those immigrants who are sponsored to become a Permanent Resident by a close relative in Canada who is either a Citizen or Permanent Resident of Canada. Your relative in Canada is your Sponsor.
How does your relative qualify as a Sponsor?
Answer:Your sponsor must be:
- Your spouse or;
- Your Mother or Father or;
- Your Grandmother or Grandfather or;
- Your dependent child or;
- Your brother, sister, nephew, niece who is orphaned under the age of 19 years and who is unmarried or;
- Any relative who has no relatives listed above whom they can sponsor.
What requirements are necessary to be a Sponsor?
Answer:The Sponsor must be able to financially support the immigrant (and dependents) and to provide for their essential needs. There also are strict income requirements that the Sponsor must meet to qualify. However, if the Sponsor is sponsoring a spouse or a dependent child under the age of 19 who is unmarried, then these strict income requirements do not apply. However, the sponsor must still demonstrate his or her ability to financially support the immigrant. The Sponsor must also sign a Sponsorship Agreement between the Sponsor and the Immigrant as well as enter into an agreement with the Government of Canada. The Sponsor in entering into the agreement with the Government of Canada agrees to provide for the essential needs of the immigrant and dependents for a prescribed period of time. Failure to meet any of the terms and conditions provided for in this agreement could result in legal action being taken against the Sponsor. A Sponsor can only be a Canadian citizen or permanent resident who is at least 19 years old who is physically residing in Canada (or able to demonstrate an intention to reside in Canada by the time the sponsored family member lands in Canada) and who is not in prison; not bankrupt; and not under a removal (deportation) order if a permanent resident. A Sponsor can also have a Co-Signer whose income can be included along with that of the Sponsor. The Co-signer can only be the Sponsor’s Spouse and must also be a Canadian Citizen or Permanent Resident who is at least 19 years old and who is not in prison; not bankrupt and not a person under a removal (deportation) order if a permanent resident. If you plan to work in Canada, have a job offer in Canada, you are an inter-company transfer applicant being transferred to your company’s Canadian office or you want to establish a new business in Canada then consider a Canada Work Visa.
What is a Canada Work Visa?
Answer:A Canada Work Visa or Canada Work Permit is a document issued by the Canadian government that allows a foreigner such as US Citizen to legally work in Canada for a temporary period of time.
Do all foreigners require a Canada Work Visa?
Answer:No. There are certain persons who are EXEMPT or do not require Canada Work Visas (subject to certain conditions):
- Foreign Diplomats
- Military Personnel
- Performing Artists (under certain circumstances)
- Ship or Truck Personnel
- Designated Foreign Buyers and Sellers
If I work in Canada for a period of time, can I get Permanent Resident status?
Answer:Possibly. If you work in Canada for two years under a valid Work Permit you may eligible for Permanent Resident status under the Canadian Experience Class depending on your job classification and your language proficiency.
What if I need a Canada Work Visa, how do I get a Work Permit for Canada issued to me?
Answer:Generally, there is a two-step procedure involved in obtaining a Canada Work Visa. Step 1: Get a A Labour Market Opinion (LMO) letter from Service Canada (formally HRSDC) Before applying for a Canada Work Visa, in most cases, you need to obtain a Labor Market Opinion (LMO) from Service Canada (formally HRSDC). The procedure involved in obtaining an LMO from Service Canada is that the prospective Canadian employer applies for approval of the job offer to the foreign worker. Service Canada will issue the LMO approval or confirmation IF they are satisfied that there are no Canadian citizens or Canadian permanent residents who are qualified for and willing to fill the position offered by a foreign worker OR that the foreign worker will train Canadians during his or her employment in Canada. Typically, the prospective employer must demonstrate to Service Canada that it has made efforts to recruit a Canadian citizen or Canadian permanent resident for the position but had not been successful in finding a suitable Canadian candidate. The Canadian employer will often be required to advertise for the position offered to the foreign worker. If Service Canada is satisfied that the prospective employer has made best efforts to hire a local worker, they will “Confirm” the offer of employment to the foreign worker and issue and LMO letter. Step 2: Application for Canadian Work Visa. Once the LMO has been issued by Service Canada, the foreign worker will be invited to apply for a Canadian Work Visa or Canadian Work Permit at a Canadian Consulate, Embassy or High Commission outside of Canada. In some cases, the foreign worker will be required to attend at an interview with a visa officer. If the visa officer is satisfied that the foreign worker’s employment will not adversely effect employment in Canada for Canadians, and that the foreign worker qualifies for the position, then a Canada Work Permit will be issued. Note : In some cases, applicants from certain countries will be required to undergo medical examinations. Exemptions from Service Canada LMO Applications: Fast Track Processing for Canada Work Visas Not Everyone requires an LMO to get a Canada Work Visa. There are certain occupations which do not require an LMO from Service Canada such as:
- Certain computer professionals who qualify under the Software Development Workers Pilot Project (SDWPP)
- Foreign Students holding a Canadian Study Permit
- Citizens of the United States whose occupations fall under the North American Free Trade Agreement (NAFTA). This category is for US Citizens and Mexican Citizens.
- Spouses of Highly Skilled Workers who qualify under the Spousal Pilot Project
- Given the wide range of offences caught by the criminal inadmissibility provisions, it is essential that you investigate the potential criminal history of all your nonimmigrant clients entering the US for business or pleasure before sending them to the US.
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