You may immigrate to Canada by applying under any of the different and numerous categories and streams of the economic programs offered by the federal and provincial governments. You may also be sponsored by a relative in Canada as the country is committed to family members being reunited.
At Vista Canada, we will determine your best options for your road to success towards your aim of becoming a resident of Canada, either temporarily or permanently. Together, we will work out, given your circumstances and your future goals and preferences. We only want what is best for you and will therefore study your profile and lay out our immigration advice and the steps to be undertaken towards the filing of your application. Which of our services may we help you with?
Canadian law provides that foreign nationals may be selected as members of the family class on the basis of their relationship to a Canadian citizen or a permanent resident.
Family Reunification programs allow the sponsorship of the following relatives: spouses, common-law partners, conjugal partners, dependent children, adopted children, parents and grandparents, orphaned minor siblings, nephews, nieces, and grandchildren, and any relative, if the sponsor is alone in Canada without family members.
The Federal Economic Class/ Express Entry
Economic programs are constantly being updated. Interested professionals and workers need expert advice as to which of the offered categories they qualify in order to settle in Canada on a permanent basis together with their families. Generally, selection is based on one’s age, education, work experience, language proficiency, and other factors.
Express Entry is a competitive ranking system adopted by Canada to determine who among the eligible applicants should get an invitation to apply for permanent residence. Candidates are those who are found qualified under the Federal Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience Class.
The Provincial Nominee Program
Canada’s provinces and territories can nominate workers who have the skills, education, and work experience and who are interested in settling in a particular province. Candidates may be found to be eligible based on the province’s criteria and different programs.
To be nominated, an application may either be directly filed with the province or through Express Entry, depending on the program categories or streams. Depending on one’s preference, he may qualify under one of the following programs:
Business people may qualify for Canadian immigration either through the federal or provincial programs. Canada offers the Federal Start-Up Visa Program and Federal Self-Employed Person Program while many PNP categories also cater to entrepreneur applicants.
A start-up business must be a new business intended to be operated in Canada which meets the criteria of a qualifying business, meaning that the new start-up business has received a commitment from a designated angel investor group or groups, designated venture capital fund, or a designated business incubator.
On the other hand, the Self-employed Persons Program allows people to immigrate to Canada permanently as a self-employed person. This person must have relevant experience in cultural activities or athletics and be willing and able to make a significant contribution to the cultural or athletic life of Canada.
The Caregiver program is constantly evolving. It is a program for individuals who want to migrate and work in Canada as caregivers; the latest features are described under the pilot programs for Home Support Workers or Home Child Care Workers.
These programs allow foreign nationals to stay permanently in Canada as soon as they get at least 2 years of eligible Canadian work experience. Applicants will have the opportunity to bring their family members to Canada as well.
In order to be eligible, the qualifications of caregivers will be assessed in terms of work experience, language proficiency, and education.
Adults and minors may apply to become Canadians after an assessment of eligibility factors such as their permanent resident status, period of physical residence in Canada, and admissibility, among others.
Adults must have been physically present in Canada for at least 1,095 days in the 5 years immediately before they apply. They must also file their income taxes (if they need to), pass a citizenship test, and prove their language skills, among others. There are additional or different requirements if the applicant is a minor, an adopted child born outside Canada, or a former Canadian citizen who wants his Canadian citizenship back.
Applications based on Humanitarian and Compassionate (H &C) Considerations
A foreign national living in Canada may use this exceptional measure if he needs an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada or if he believes that humanitarian and compassionate considerations justify granting the exemption.
The grounds for this type of application should be exceptional and assessed on a case-by-case basis. Factors such as family ties of the applicant in Canada, how settled he is in Canada, and the best interests of any children involved are taken into consideration. To invoke this ground is also to explain and prove what would happen if the request is denied.
Application for Pre Removal Risk Assessment (PRRA)
If one stands to be removed from Canada and he is served by the Canada Border Services Agency an application form, he can, within a very limited period, avoid removal by showing that he is being removed to a country where he would be in danger of torture, there is risk to his life or of cruel and unusual treatment or punishment.
One may apply for PRRA if he has a well-founded fear of persecution in his home country based on his race, religion, nationality, political opinion, or membership in a particular social group.
The applicant’s written submission must necessarily accompany supporting documents to prove his case.
Temporary Resident Applications
Visa-required foreign nationals must apply for a temporary resident visa (TRV) to travel to Canada as visitors, students, or workers. If a foreign national meets the requirements of the Immigration and Refugee Protection Act (IRPA) and is admissible, an immigration officer may issue a TRV in the form of an official counterfoil document placed in the individual’s passport. To be granted this visa, the foreign national must satisfy a border services officer of the CBSA that he has the ability and willingness to leave Canada at the end of his authorized stay.
Application for Criminal Rehabilitation
To overcome one’s inadmissibility to enter Canada due to a past commission or conviction of a criminal offence outside or inside Canada, an applicant for permanent residence may file this application to be considered rehabilitated and admissible.
Some of the factors in the determination of whether the Officer will declare the applicant as criminally rehabilitated are: the country where the crime was committed; length of time that has passed since the completion of the sentence or commission of the crime, and the number of crimes involved.
Consultations and Eligibility Assessment
Every applicant for a temporary resident or permanent resident application needs to be eligible for the type of application sought for. An initial interview or a written questionnaire may be given to the prospective applicant for a thorough initial assessment.
Detailed questions will be asked about the prospective client’s past immigration history, work experience, current status, language proficiency, education, etc.
Based on the information, different possible programs or options under which he may qualify will be described to him.
Procedural Fairness Letter Response
An existing file may unfortunately sometimes receive a procedural fairness letter from the handling immigration officer. This is because a specific concern may have been detected in your files and the Officer is giving the applicant the opportunity to shed light on the same.
This calls for a serious, detailed, and factual explanation and the submission of necessary and pertinent documents relating to the item/s required of the applicant to avoid refusal. The usual issues of concern raised in these letters are misrepresentations, genuineness of relationships, medical inadmissibility, and criminal inadmissibility, among others.
It is highly recommended that legal advice be sought on how to present his statements or arguments professionally by citing relevant law, precedents, and evidence.