General Questions
Must
the applicant travel to Canada as part of the immigration process?
(Not applicable for persons studying or working in Canada)
Ans:- The applicant need not visit Canada
as part of the immigration process. However in some cases, familiarity
with the Canadian landscape and particularly with the area of intended
destination can impact positively on the assessment.
Entrepreneurs are being encouraged to undertake exploratory visits
to Canada and participate in information sessions sponsored by the
provinces. Such efforts relate to an indication of an applicant's
ability to meet the universal terms and conditions of admission.
Is
it more advantageous to apply before or after an applicant has researched
the Canadian labour market?
Ans:- The Canadian immigration authorities
to reflect Canada’s changing labour market requirements are continuously
revising the various occupations, which are open to prospective immigrants
to Canada. Moreover, it is common knowledge that the Government of
Canada is presently reviewing numerous proposals for possible amendments
to Canada's Citizenship & Citizenship legislation. Accordingly,
applicants who manifest a serious interest in obtaining permanent
residence would be encouraged to proceed with the filing of the application(s)
and the non refundable government filing fees in a timely fashion
so as to ensure the preservation of their qualifications. It is the
date of submission of the application, which generally determines
which regulatory selection criteria, will be applied.
As well, since the processing of either a permanent resident or an
employment authorization visa generally takes months to complete,
Canadian employers prefer to consider the candidacy of applicants
who possess the appropriate legal status to become permanently employed
in Canada. This increases the marketability of a potential applicant
for the prospective Canadian employer.
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What
documents are submitted along with the application?
Ans:- Applications filed under the Independent
category generally include documents pertaining to the applicant's
education and employment experience. Business Class cases must be
supported by documentation, which corroborates an applicant’s business/managerial,
experience. During the process, applicants are required to submit
statutory documents such as birth certificates, marriage certificates
and certificates of non-criminal conviction from each place of residence
where an applicant has permanently resided for more than 6 months
since age 16 years.
Certain visa offices are currently following a "one-step" operating
procedure. This entails the perfecting of the permanent residence
application at the initial stages, with the filing of certain requisite
documentation at the time of application submission.
Therefore, the timing of the production of supporting documentation
will vary from post to post.
Are
assets/personal net worth a selection criteria?
Ans:- Under the Independent category,
personal net worth is not a selection criterion under which an applicant
is assessed. However, all applicants must provide evidence of sufficient
funds for the family to travel and settle in Canada. Generally, a
sum of CAN $ 10,000 for the principal applicant and CAN $ 2000 additional
for every accompanying dependent is required.
Under the Business Class, the asset profile is a regulatory criterion
under the Investor category. For entrepreneurs, although the Regulations
do not provide for a specified personal net worth, this criterion
is taken into consideration by visa officers when evaluating an applicant’s
intention and abilities.
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How long does it take to get
permanent immigration using Taurus Infotek?
Ans:- It will take
anywhere from 4 to 8 months to obtain permanent residence status in
Canada for you and your family if no interview is required. If you
need an interview the time will vary from case to case depending on
the complication and visa post.
Does
Taurus Infotek assist students in obtaining admission and student
visa?
Ans:- Yes,
we are very active in student visa processing. Please contact us if
you want a student visa acceptance letter in 3 week time frame. Once
you get a acceptance letter then you can apply for a student visa.
Is it easy to gain admission to schools in Canada?
Ans:- Most
post secondary institutions will have a certain percentage of seats
reserved for foreign students. The schools often say that their foreign
students do quite well. Seating is limited so applying early is important.
Is studying in Canada expensive?
Ans:- Student
fees for visa students are often 4 or 5 times the cost to a resident
fee. The range is usually $8000 to $12000 Canadian dollars.
What are the benefits of engaging the services of a consultant ?
Ans:- There are a number of issues which are
more complex than the average applicant and general immigration consultant
fully understand and which merit the participation of reputable consultant
who is well versed with the Indian education system and employment
environment. A consultant specializing in this field, will be able
to ensure that filing and perfecting of applications in the appropriate
manner. As well, effective counsel will be able to recognize the presence
of irregularities in the use of discretionary authority. This is exactly
what we do at Reliable.
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What
are the benefits of engaging the services of an attorney who specializes
in Canadian Citizenship & Immigration law or Quebec immigration
matters?
Ans:- The Canadian and Quebec Immigration
laws and regulations provide for the extensive use of discretionary
authority by immigration officers. Such discretion must be exercised
in precise and well-defined limits.
There are a number of issues which are more complex than the average
applicant (and in many cases, Canadian visa officers, general consultants,
etc) fully understand and which merit the participation of reputable
Canadian legal counsel in the process of planning for and acquiring
Canadian permanent resident status. These issues are the subject of
volumes of reported case law and Immigration Board decisions and are
referred to in part, in Government of Canada procedures manuals, Government
Operations Memorandums, and the like and provide for the full-time
employment of a number of persons in the public sector within the
Department of Citizenship & Immigration Canada.
An attorney specializing in this field will be able to ensure the
filing and perfecting of applications in the appropriate manner. As
well, effective counsel will be able to recognize the presence of
irregularities in the use of discretionary authority, the misapplication
of immigration directives and guidelines, the misapplication of regulatory
definitions and the committing of fundamental breaches in the legal
duty to act fairly during the assessment process and, intervene with
the visa office on an ongoing basis where required. An experienced
and competent attorney will ensure that irregularities are raised
within the proper delays, and that the issues in question can be properly
addressed before the appropriate authorities.
In practical terms, a reputable attorney will effectively prepare
submissions, which satisfactorily address the issues where discretion
is a factor. A reputable attorney will effectively present to the
visa office instances of irregularities in the assessment process
which most often will be corrected, thus avoiding the need to avail
the use of the judicial system.
Lastly, Canadian Visa Offices, pursuant to the Privacy Act and its
attendant regulations, are strictly prohibited from divulging to third
party representatives, any information regarding the processing of
an application unless such persons retain either Canadian Citizenship
or Canadian permanent resident status.
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Can
periods of non-physical residence be counted towards the Citizenship
residence requirements?
Ans:- Generally, actual physical residence
is required. However in a number of instances, non-physical residence
has been acceptable. The issue of physical and non-physical residence
has given rise to substantial litigation and accordingly merits further
consideration by prospective applicants.
Is
a Canadian Citizen entitled to become employed in the United States?
Ans:- Under the provisions of the North American
Free Trade Agreement, Citizens of Canada, who fall within a particular
professional designation, can qualify for a US non-immigrant employment
visa. This type of visa can be issued at a border INS office without
the need to obtain prior approval from the local Department of Labour
authorities. As well this type of one-year renewable visa can ultimately
lead to US Green Card status.
What
is the number of Canadian permanent residents who were granted Canadian
citizenship in 1999?
Ans:- There were approximately 200,000 permanent
residents who were granted Canadian citizenship in 1999.
Does it help to have
a relative in Canada ?
Ans:- Having a close relative in Canada such
as mother, father, son, daughter, brother, sister, uncle, aunt or
grandfather, grandmother provides an applicant with additional units
of assessment under the selection process.
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What
are the general tax implications of acquiring Canadian permanent residence?
Ans:- The Canadian Government imposes income
tax on the basis of residency rather than citizenship. It is therefore
possible to become a Canadian citizen and a non-resident for tax purposes.
After becoming a permanent resident and prior to attaining citizenship,
an individual would be required to pay Canadian taxes on worldwide
income. However, the tax legislation allows for newly arriving permanent
residents to establish an offshore trust into which may flow all of
the non-Canadian sourced income, except employment income. The trust
avails for a maximum period of five years and it is therefore possible
to become a Canadian citizen and a non-resident within the life span
of the trust.
What
if a prospective applicant is destined to the Provinces of Newfoundland,
Quebec, Manitoba, Saskatchewan or British Columbia?
Ans:- Pursuant to the provisions of the Quebec/Canada
Accord, the Canadian Immigration Act and the Quebec Act Respecting
the Selection of Foreign Nationals, the Quebec Government is currently
the only provincial government in Canada to have concluded a comprehensive
agreement for the purpose of facilitating the formulation, coordination
and implementation of immigration policies and programs with respect
to the admission of foreign nationals to the province.
However, the Canadian Citizenship & Immigration authorities still
maintain exclusive jurisdiction in the areas of visa issuance, and
medical and criminal inadmissibility.
Applicants, who are intent on settling in Quebec after acquiring Canadian
permanent residence, are encouraged to file their applications for
a Quebec Certificate of Selection with the appropriate Quebec Delegation
outside Canada. Once this undertaking is completed and approved, the
appropriate Canadian visa office would review the appropriate applications
for Canadian permanent residence.
Applicants destined to Quebec or who attempt landing in Quebec without
prior approval from the Quebec authorities will likely experience
difficulties at a Port Of Entry. This is a sensitive issue and must
be addressed by experienced counsel.
The Provinces of Newfoundland, Manitoba, Saskatchewan and British
Columbia have also concluded agreements with the Canadian government
under the Provincial Nominee Program which provide for the limited
selection of foreign nationals destined to one of those provinces.
Readers may wish to browse our related writings on these topics.
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How
does permanent resident status assist the visa holder in temporarily
entering the United States?
Ans:- Canadian permanent residents holding citizenship
from the following countries, are exempted from obtaining entry visas
for temporary visits to the United States:
Antigua, Australia, Bahamas, Bangladesh, Barbados, Belize, Bermuda
British subjects), Botswana, Brunei, Cyprus, Dominica, Fiji, Gambia,
Ghana, Grenada, Guyana, India, Ireland, Jamaica, Kenya, Kiribati,
Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Nauru, New
Zealand, Nigeria, Pakistan, Papua New Guinea, St. Kitts and Nevis,
St. Lucia, St. Vincent, Seychelles, Sierra Leone, Singapore, Solomon
Islands, South Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad
and Tobago, Tuvalu, Uganda, United Kingdom (including its colonies,
territories and dependencies such as Hong Kong), Vanuatu, Western
Samoa, Zambia, Zimbabwe.
Is it more beneficial to apply before or after an applicant
has studied the Canadian labour market ?
Ans:- The various occupations are continuously being
revised by the Canadian immigration authorities to reflect Canada’s
changing labour market requirements. It is generally known that the
Government of Canada is going for possible amendments to Canada’s
Citizenship & Citizenship legislation. Accordingly, applicants
who are seriously interested in obtaining permanent residence would
be encouraged to proceed with the filing of the application in a timely
fashion so as to ensure the “Locking In” of his/her occupations. From
the day the Canadian High Commission allots a file Number to you,
your case gets “locked- in” and you become a prospective immigrant
of Canada. If new immigration Law come in effect thereafter, even
then your case remains unaffected and you would certainly get the
Immigration.
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What
are the numbers of immigrants who were admitted to Canada in 1999?
Ans:- There were 189,816 immigrants admitted
to Canada under all categories, including 105,404 Skilled Workers
and Business Immigrants (comprising of applicants and their accompanying
family dependants).
Who
qualifies for Canadian citizenship?
Ans:- As a general rule, individuals with
three years of permanent resident status during the preceding four
years can qualify for Canadian citizenship.
What
are the benefits of obtaining Canadian Citizenship?
Ans:- Citizenship legally obtained, is a lifetime
status and permits the issuance of a Canadian passport.
Unlike permanent resident status, the status afforded by Canadian
citizenship, legally obtained, is not affected by the principle of
"use it or lose it".
Where
are applications for Canadian Citizenship submitted?
Ans:- Applications are submitted at the local
citizenship office in the area of an applicant's residence. Applications
may likewise be submitted directly to the citizenship office in Sydney,
Nova Scotia.
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How
is the citizenship process administered?
Ans:- Applications submitted through a local
citizenship office are pre screened to ensure that the three-year
residence rule has been met. Applicants are thereafter scheduled for
an informal interview with a citizenship officer to review the merits
of the submissions in support of the application.
Within about 12 - 15 months from submission, applicants may be required
to appear before a Citizenship Judge to provide evidence of their
knowledge of one of Canada’s Official languages as well as an understanding
of the overall Canadian political structure.
Are
prior periods of temporary sojourns in Canada, counted towards the
acquisition of citizenship?
Ans:- Applicants admitted to Canada on temporary
status can receive credit for one-half day to a maximum of one year,
for each day of such temporary status in Canada.
Does
it help to have a relative in Canada?
Ans:- Having a close relative in Canada
such as mother, father, son, daughter, brother, sister, uncle, aunt
or grandfather, grandmother provides an applicant with additional
units of assessment under the selection process.
What
are the obligations of Entrepreneur ?
Ans:- Applicants and all their accompanying
dependants are landed with mandatory “terms & conditions” requiring
that the main applicant establishes or invests into and remains active
in a business or commercial venture in Canada. The business must create
or maintain employment opportunities for at least one Canadian permanent
resident other than the applicant and his family.
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Do
prior visa applications to Canada or the United States hinder an application
to Canada?
Ans:- This is another area, which is quite
sensitive and should be addressed appropriately.
What
are the obligations of Entrepreneur applicants after landing in Canada?
Ans:- Applicants and all their accompanying
dependants are landed with mandatory (universal) "terms & conditions"
requiring that the main applicant inter alia, establishes or invests
into and remains active in a business or commercial venture in Canada.
The business must create or maintain employment opportunities for
at least one Canadian permanent resident other than the applicant
and his family.
There is a monitoring process which requires landed entrepreneurs
to report to an inland Canada immigration centre every six (6) months
until the inland immigration officer is satisfied that the investment
complies with the regulations.
Failure to comply with the universal terms and conditions can lead
to an inquiry, which may result in the deportation of the applicant
and his landed dependants.
Must
an individual reside in Canada in order to maintain permanent resident
status?
Ans:- Current legislation discourages a Canadian
permanent resident from remaining outside of Canada for more than
six months in any twelve-month period. Where prolonged absences are
required, a Returning Resident Permit may be obtained from the Canadian
authorities which would allow for continuous absences of up to two
years while permanent resident status is preserved. For example, individuals
who wish to complete their studies or honour the terms and conditions
of an existing employment contract may qualify for such a permit.
This is a highly discretionary area of the regulations. For additional
information on this topic, kindly refer to our publications: "Returning
Resident Permit - A False Sense Of Security" and the Canadian
Returning Resident Permit - FAQ.
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How permanent resident status is maintained ?
Ans:- Canadian Current rules, discourages
a Canadian permanent resident from remaining outside of Canada for
more than six months in any twelve month period. Where prolonged absences
are required, a Returing Resident Permit may be obtained from the
Canadian authorities which would allow for continuous absences of
up to two years while permanent resident status is preserved.
Can
foreign nationals who have applied for Canadian permanent residence
under the Independent category obtain a temporary non-immigrant visitor's
visa to Canada?
Ans:- Traditionally, visa officers have viewed
concurrent applications for permanent residence and temporary entry
as being incompatible with each other. Visitor’s (work, study or visit)
with pending immigrant applications will be subject to the issue of
Dual Intent which in itself has been the subject of ongoing debate
within the department of Citizenship and Immigration as well as the
judicial community including the Federal Court of Appeal. Recent clarifications
which attempt to conform to a global view of the world community,
provide that immigration officer’s must assess the present intention
of the applicant when a person applies to visit Canada and verify
the question of whether the applicant has the ability and the intention
to enter Canada for a temporary purpose and thereafter leave Canada
at the expiry of the visitor status, regardless if the long-term goal
is to secure permanent residence in Canada.
Under current immigration policy, applicants are encouraged to become
familiar with Canada's landscape which assumed will augment the applicant's
likelihood of successfully integrating into Canadian society. Applicant's
are discouraged however from "waiting" inside Canada during the permanent
residence application process. Accordingly, applicants who wish to
procure temporary entry into Canada and who have pending, an application
for permanent residence, will be required to demonstrate sufficient
ties to their current country of residence prior to the issuing of
a temporary visitor's visa by the Canadian visa office.
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What role do provincial governments have in the entrepreneurial immigration
process?
Ans:- The provinces' role is primarily one
of guidance and counseling for applicants who are considering setting
up businesses within their borders. It is in your best interest as
a prospective business immigrant to be aware of the particular province's
business development needs and available programs to assist entrepreneurs
in setting up businesses to meet those needs. With the exception of
the province of Quebec, provincial officials are not directly involved
in the selection of entrepreneurial immigrants. The final responsibility
for approving or refusing the applications of persons not destined
to live in Quebec lies exclusively in the hands of visa officers representing
the federal government. Most provinces are eager to meet with prospective
entrepreneurial applicants who are visiting Canada or who approach
their representatives overseas. Several hold formal counseling seminars
for this purpose. We suggest you contact provincial officials well
in advance of any planned visit to Canada to arrange an appointment
for information on the assistance they can offer and their particular
needs and expectations.
What are the documents required?
Ans:- Applications filed under the Independent
category generally include documents pertaining to the applicant’s
education and employment experience. Business Class cases must be
supported by documentation which corroborates an applicant’s business/managerial
experience. During the process, applicants are required to submit
statutory documents such as birth certificates, marriage certificates
and certificates of non-criminal conviction.
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Do
the Canadian authorities levy processing fees to evaluate an application
for permanent residence?
Ans:- Applications for permanent residence
must include the appropriate non-refundable processing fees for applicants
and their accompanying dependants. For applicants applying under the
skilled worker program the application fee is currently set at $500
CAD for each adult. As well, a Right Of Landing Fee of $975 CAD is
levied for each person who is at least 19 years of age applying for
permanent residence.
Processing fees must be filed with the applications. Right Of Landing
fees must be filed prior to visa issuance. Applicants are encouraged
to verify with local missions for applicable post specific payment
procedures.
Where
are applications submitted?
Ans:- Applications for Canadian permanent
residence must be filed with an appropriate visa office outside of
Canada. The effective selection of the processing visa office can
greatly reduce the overall processing time, which varies, from post
to post.
In some regions skilled worker applications are processed by Area/Regional
Processing Centres. This concept designates certain missions abroad
as area centres, responsible for the processing of skilled worker
applications within a geographic territory. Applicants within a specified
territory are encouraged although not required, to file applications
for permanent residence with a designated Regional Processing Centre.
Again, the effective selection of the visa office, which may be outside
the designated area processing centre, can greatly reduce the overall
processing time of the application.
For business applications, the Department has also implemented the
use of Business Immigrant Coordination Centres that are designed to
offer a specialized service staffed with officers knowledgeable in
the procedures that are particular to the business immigration program
and the area from where the applicant resides.
Business applicants are required to submit their applications with
one of the nine which include the visa offices in the following locations:
Beijing, Damascus, Hong Kong, Berlin, London, Paris, Seoul and Singapore
and Buffalo.
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Is it advisable to travel to Canada as part of the immigration
process ?
Ans:- It is not mandatory. However in some
case, familiarity with the area of intended destination will have
a positive impact on the assessment.
Entrepreneurs are being encouraged to undertake exploratory visits
to Canada and participate in information sessions sponsored by the
provinces. Such relate to an indication of an applicant’s ability
to meet the universal terms and conditions of admission.
Is credit given for experience gained during post-secondary
studies?
Ans:- Experience gained as part of post-graduate
studies may be credited towards the occupational experience if:
a) the experience has been consistent with the National Occupational
Classification
(NOC) definition of the intended occupation; and
b) the experience has been gained while pursuing studies at an educational
level which surpasses the NOC eligibility requirements for the particular
intended occupation.
Teaching occupations do not appear on the General Occupations List,
so teaching experience, even at a post-graduate level, is not credited.
The assessment of experience gained as part of post-graduate studies
is highly discretionary, and should therefore be presented in a manner
strictly consistent with NOC requirements.
Can a person include his/her dependents under the application
for Permanent Residence in Canada?
Ans:- Yes, a person can include the spouse
and children under 19 years of age. Children over 19 can still
be considered as dependents if they are still full time students and
financially depending of the parents.
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Can
elderly parents be included in the application?
Ans:- Generally, parents are not included
as accompanying dependants of the main applicant. Parents can be sponsored
after the applicant becomes a Canadian landed permanent resident.
In exceptional cases, an elderly parent can be included as an accompanying
dependant pursuant to the "Last Surviving Member" policy.
For how long is the Immigrant Record of Landing valid?
Ans:- A Record of Landing is valid for 1 year
from the date of issuance. This validity could be affected only
by the validity of your passport, or the validity of your medical
examination if some of them is shorter in time.
Who can be sponsored by a Canadian Citizen or a Canadian Resident?
Ans:- The only sponsorable people are those
who falls into the family classes
categories: spouses, fiancé(es), children (under 19), parents, orphan close
relatives, adopted children (under 19).
What are the rights
and obligations of a permanent resident of Canada?
Ans:- As permanent residents, you and your
dependents have the right to live, study and work indefinitely in
Canada. Your permanent resident status gives you the right to apply
for Canadian citizenship, and to hold a Canadian passport, once you
have met citizenship requirements. Meanwhile, as a permanent resident
you are entitled to all social benefits accorded to Canadian citizens.
You are obligated as a resident to pay Canadian income tax on your
worldwide earnings. There are very few limitations imposed on you
in Canada by virtue of your permanent resident status. You may be
unable to vote in certain Canadian elections or ineligible for certain
jobs requiring high-level security clearance. You may be deported
if you or your dependents commit serious crimes while you are permanent
residents. You may also be deported if you were issued a conditional
immigrant visa and have failed to abide by the terms and conditions
of that visa. Your permanent resident status is in effect until you
become a Canadian citizen or until you abandon Canada as your place
of permanent residence. Short trips outside Canada for business reasons
will not normally affect your permanent resident status. However,
if your absences are frequent and/or lengthy enough to indicate that
you are living somewhere other than Canada, you may be deemed by law
to have abandoned Canada and will lose your permanent resident status.
Traveling to Canada to present your visas for landing and then returning
to live in your home country (or elsewhere) indefinitely will, except
in the few exceptional and specific circumstances permitted by law,
result in loss of Canadian permanent resident status.
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Where is application submitted ?
Ans:- Applications for Canadian permanent
residence must be filed with an appropriate visa office outside of
Canada. Business applicants submit their applications with one of
the nine BICC’s which include the visa office in the following locations:
Los Angeles, Seattle, New York, Bonn, Damascus, Hong Kong, London,
Seoul and Singapore.
What
are the main attributes of the May 1, 1997 regulatory amendment to
the skilled worker program?
Ans:- On May 1, 1997 statutory instrument
SOR/DORS97-270-01 - Regulations Amending the Immigration Regulations,
1978, was promulgated into force. This regulatory modification (the
“modification”), abolished the Canadian Classification and Dictionary
of Occupations (CCDO) and replaced this outdated tool with the National
Occupational Classification (NOC) as a system used to categorize occupations
in Canada.
In summary, the modification:
Introduces the NOC, the Career Handbook and other component publications,
as published by the Minister of Human Resources Development. The NOC
classification system comprehensively evaluates skill groupings and
occupations. It replaces the CCDO as the method used to categorize
occupations for assessment and selection under Schedule I of the Regulations.
Replaces the Specific Vocational Preparation (SVP) factor with Education
and Training Factor (ETF). This factor evaluates the skill requirement
for an occupation on the basis of the education and training needed
to perform the occupation in question.
The ETF provides for the allocation of 1-18 units of assessment based
on the education and professional, vocational, apprenticeship, in-plant,
or on-the-job training necessary to acquire the information, techniques
and skills for the occupation in which the application is assessed
under the Occupation Factor.
Of critical importance to the assessment is the introduction of the
Educational and Training Indicator (ETI) contained within the provisions
of the NOC. ETI forms the basis of calculating the ETF. Occupations
in the NOC are allocated a numerical ETI rating from 1 to 8. The ETF
then allocates 1, 2, 5, 7, 17 or 18 units of assessment for each corresponding
ETI. The modification provides that where an occupation has more than
one ETI rating, the lowest shall be used to calculate the ETF. This
principle according to the Department recognizes that applicants may
have separate but converging training paths for equivalent qualifications
in a given occupation. Therefore the lowest acceptable ETI for acquiring
the necessary skills to practice the occupation, must according to
the Department, be the basis for assessment.
Modifies the Experience Factor. A new method of calculation permits
the allocation of up to eight units of assessment, depending on the
number of units awarded under the ETF and the actual number of years
of employment.
Replaces Occupation Demand with Occupation Factor. Units of assessment
are now allocated to applicants who intend to pursue occupations listed
on the General Open Occupations List (GOL). The new Occupation Factor
provides that the applicant must be qualified and have performed a
substantial number of the main duties as described in the NOC. The
Minister of Citizenship and Immigration shall determine the employment
opportunities after consultation with the Human Resources Development
Canada, provincial governments and any other relevant organizations
and institutions.
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How
are officers at missions abroad being advised to apply this modification?
Ans:- Operations Memorandum entitled “Transition
from CCDO to NOC” provides the Department’s recommendation as to how
officers are requested to interpret the modification.
Officers using the NOC as an assessment tool must be satisfied that
the prospective immigrant has performed a substantive number of the
relevant duties outlined under the Main Duties heading of the four
digit NOC and meets the employment requirements listed in the Career
Handbook.
In making assessments, officers are being reminded that substantive
should not be interpreted quantitatively, but rather qualitatively.
The NOC employs a holistic approach to occupations, not to specific
jobs; employers in Canada retain the right to determine which specific
qualifications are required of specific positions offered. Assessing
officers must be satisfied that applicants possess the appropriate
qualifications, which would allow them to successfully integrate into
the labor market and to perform the main duties in their intended
occupation in Canada.
Factor 4 of the amended Regulation states that the applicant must
have completed those duties, which are essential to perform the occupation
in Canada. For example, should an applicant demonstrate that he/she
has completed a certain number of the main duties listed in the NOC,
but fail to meet what are commonly considered as the essential duties
for that occupation, the occupation should be downgraded as the applicant
would not likely be able to successfully integrate into the labor
market in that occupation in Canada.
Who
all are included in the application for permanent residence?
Ans:- The application for permanent residence
generally includes the applicant, spouse and any unmarried children
under the age of 19 years. Children over the age of 19, can in certain
instances, be included as accompanying dependants.
What does "excessive demand" on Canada's health or social services
mean?
Ans:- Individuals may be denied admittance
to Canada due to the high costs of their care. The factors considered
during the medical assessment include whether or not hospitalization
or medical, social or institutional care are required and whether
potential employability or productivity could be affected. For example,
a person with a serious disease or psychiatric disorder requiring
ongoing care or hospitalization may be inadmissible because their
requirements would place "excessive demand" on the Canadian health-care
system. However, should your family undertake to the Province of intended
residence that they will be financially responsible for medical needs
then you may be admitted for permanent residency.
What
does Canadian permanent resident status confer?
Ans :- Pursuant to the provisions of Canada's constitutional
laws, the holder of a Canadian permanent resident visa and his/her
accompanying dependants are permitted to permanently reside in Canada
and earn a livelihood in any one of the ten provinces or three territories
within Canada. In addition, individuals with Canadian permanent residence
may attend primary and secondary education institutions in the various
provincially administered public school systems, tuition exempt.
What is Canadian Permanent Status?
Ans:- “A person who has been granted formal status
through the process of landing is considered a Permanent resident
of Canada; more commonly persons are called immigrants. A Permanent
Resident has the right to come into and remain in Canada and to live
and work in the country”.
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How
long does the application process take?
Ans:- Applications are processed on a
first-come, first-served basis. The duration depends on the number
of applications ahead of you at the visa office where you apply, and
any complications which may arise during the processing of your application.
Generally speaking, it usually takes between 6 and 18 months from
the time an immigration application is submitted to finalize the case
and issue visas.
What supporting documents are required?
Ans:- Supporting documentation generally encompasses
evidence of employment, education, assets, civil status, and an absence
of criminal convictions. Each visa office has its own specific requirements
for supporting documentation. It is advisable to seek expert guidance
or get instructions from the particular visa office which will process
your application.
How can I speed up the processing of my case?
Ans:- By ensuring that delays do not occur in the processing
of your application by:
-
Insufficient
postage.
-
Incomplete
or unsigned application forms.
-
Incorrect
or missing fees.
-
Incorrect,
incomplete address or failure to notify the visa office of a
change of address.
-
Missing
documents.
-
Unclear
photocopies of documents.
-
Documents
not accompanied by a certified English or French translation.
-
Verification
of information and documents provided.
-
A
medical condition that may require additional tests or consultations.
-
A
criminal or security problem.
-
Family
situations such as impending divorce, or custody or maintenance
issues
-
Completion
of legal adoption.
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Consultation
is required with other offices in Canada and abroad.
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You
are not a permanent resident of the country in which you currently
reside.
Am I required to have a certain amount of assets?
Ans:- Skilled Worker applicants will generally
be required to prove that they have CAD$10,000, plus CAD$2,000 per
accompanying dependent. They are expected to be able to support the
landed family (the principal applicant and all accompanying dependents)
until employment is obtained.
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What happens after
I receive my visa?
Ans:- Your visa has a validity date on it,
which is usually one year from the date you or your dependents started
the immigration medical examination process. This date usually gives
you several months to put your affairs in order and make the necessary
arrangements in your home country before leaving for Canada. You and
your dependents must travel to Canada and present your immigration
visas at a Canadian port of entry before the validity date. Your dependents
may choose not to accompany you when you leave for Canada but to follow
later. This is permissible, providing they arrive in Canada before
their visas expire. Your dependents cannot, however, travel to Canada
before you do to present their visas. You must report any births,
deaths, adoptions, marriages, separations, divorces, serious illnesses
or criminal proceedings involving immigrating family members that
take place after your visas have been issued and before you depart
for Canada to the office which issued your visa. Failure to do so
may render your visas invalid. The visa office will instruct you what
steps to take in regard to these new developments. When you arrive
in Canada, you must present your visa to a customs/immigration officer
who will complete landing formalities. You and your dependents who
accompany you to Canada will become landed immigrants and accorded
the status of permanent residents of Canada at that time.
Which are the criteria under which a person is assessed for
the Independent
Immigration Program?
Ans:- Following are the criteria under which
a person is assessed for the Independent Immigration Program :
Criteria Maximum Points :
