What’s the Canada Immigration Policy for International Students?

Canada boasts some of the best universities in the world. Canada’s immigration policy for international students is very welcoming, with over 350,000 foreign students arriving in Canada to study every year. If you intend to complete a program which lasts six months or less, you do not need a Canadian study permit. However, if you intend to study for a longer duration, or even if you are unsure about the length of your course of study, it is a good idea to obtain a Canadian student visa so you won’t have to leave the country if you decide to enroll in a longer program.

 

 

Eligibility Criteria for Canada Student Visas

 Before applying to study as an international student in Canada, you must meet the eligibility criteria for a Canadian student visa:

• You must have been accepted by a Canadian educational institution
• You must demonstrate you have enough money to pay for tuition, fees, and living expenses for yourself and family members
• You must prove you have enough money to pay for return transportation
• You must not have a criminal record, or be a security risk
• You must be in good general health and willing to take a medical exam
• You must be able to convince an immigration officer that you intend to leave Canada and will leave after your studies are complete

How to Apply for a Canada Student Visa

You can apply for a Canadian study permit online or by filing a paper application. Applying online is faster. If you submit an application by paper, be sure to allow twice as much time to complete the process. The visa office in your home country can assist you with the documents needed from your country. Additionally, the nearest Canadian visa application center (VAC), is also willing to help guide you through the process.

To begin the process, you must have a letter of acceptance from a recognized higher education provider. Students who will study in Québec must also apply for a certificate of acceptance (CAQ), which is acquired from the government of Québec. This document must be received before you apply for the student visa.

Next, you should obtain the application from the Canadian embassy or consulate, or your local visa office. In some cases, you will also need to obtain a Temporary Resident Visa (TRV). This is required when you are a citizen of certain countries for which TRVs are required for entry into Canada. Citizens of visa-exempt countries do not need a TRV. Temporary permits can be processed with your study permit application package, so you do not need to do it ahead of time.

You will need to answer a few question on the Canadian Immigration website. This helps determine if you can apply online, and the questions prepare a checklist of documents you will need to submit.

After Approval

When you are notified that your Canadian student visa application is approved, the CIC will send you an introductory letter. Students who are from countries requiring an Electronic Travel Authorization (eTA) and/or a temporary residence visa will also be issued these authorizations. The eTA will immediately be linked to your passport or travel documents. The eTA will be valid for five years or until your passport expires, whichever date arrives first.

When you arrive at the Canada Border Services Agency (CSBA), present these documents, with your passport, financial proofs and letter of acceptance, and the agency will officially issue your Canadian study permit. Once you receive your permit, you are officially permitted entry into Canada, where you may pursue your studies.

What is Canada’s Immigrant Investor Program?

Canada’s immigrant investor programs are exclusive immigration streams open to a limited number of individuals each year. The programs once provided a one-step path for entrepreneurs and investors to immigrate by making a minimum investment to get permanent residency in Canada. However, this program is now administered at the provincial level. In most provinces, there is now a two-step process for entrepreneurs who want to invest in Canada by creating a business. Let’s take a look at how the immigrant investor programs work.

 

Two-Step Provincial Entrepreneur Programs: British Columbia, Ontario, Manitoba, Saskatchewan and Nova Scotia

 Provincial entrepreneur programs require candidates to make a minimum investment to get permanent residency in Canada. In addition to a monetary contribution, the immigrant must commit to spending up to two years on a conditional temporary work permit before the province will issue a nomination for permanent residence.

British Columbia, Ontario, Manitoba, Saskatchewan and Nova Scotia all operate a two-step program. In the two-step process, candidates must sign an Investment Agreement compelling the candidate to follow through on a Canadian business investment. In Ontario and British Columbia, for instance, candidates have 20 months to implement a business plan outlined in a Performance Agreement. The province will nominate the candidate for permanent residence if the terms of the agreement are met.

These changes were implemented after controversies about investors who paid a deposit for permanent residency while pledging to open a business, but never followed through on their promise to create jobs in the Canadian economy. The provinces have moved to a more contract-oriented model, with candidates being held to their pledge to open a business in Canada as a condition of permanent residence.

Ontario’s Business Investor Stream

To be eligible for immigration to Ontario under this program, a person must have a business activity which will benefit Ontario. There are five factors that a person and their business partners must meet:

1)      A minimum of 36 months of full-time business experience during the last 60 months. This experience must be as owner or senior manager.

2)      Net worth of $1,500,000 if the business will be located within the Greater Toronto Area. Business located outside of this area must have ownership with a net worth of at least $800,000.

3)      For businesses within the Greater Toronto Area, minimum investment of $1,000,000. For businesses outside of this area, a personal investment of at least $500,000.

4)     The business must create at least two permanent full-time jobs for Canadian citizens or permanent residents.

 5)      If a person plans to make their investment by purchasing an existing Canadian business, the investor must make at least one visit to Ontario during the 12 months before the application is submitted.

 All provinces which follow this format follow a similar process. Check with the local province to find the most recent minimum investor amount.

 

One-Step Provincial Entrepreneur Programs: Québec, Prince Edward Island and New Brunswick

Québec has a one-step program permitting investors to become permanent residents for a minimum investment of $800,000 for a period of five years. A person who applies for the Québec stream must have a net worth of at least $1.6 million, an intention to settle in Québec, and prior senior management experience. The person does not need to sign an Investor Agreement.

Prince Edward Island and New Brunswick also operate one-step programs. For example, an investor can secure permanent residency in P.E.I. with a $200,000 deposit and a personal net worth of at least $600,000. New Brunswick allows immigration for investors who have a $300,000 net worth and a deposit of $75,000.

Alberta’s Self-Employed Farmer Stream

Alberta’s entrepreneur stream is only open to self-employed farmers who are able to invest a minimum of $500,000 of equity in a primary production farming business. Entrepreneurs in this category may be required to show that they can invest more than the minimum amount.

For more information visit:

The Ultimate Canada Visitor Visa Checklist

Are you planning to visit Canada in the near future? If so, you need to be aware of the requirements for obtaining a visitor visa. A visitor visa, also called a temporary resident visa, is an official document stamped in your passport demonstrating that you meet the legal requirements to travel to Canada. This post explains exactly what travelers must do to enter Canada.

Step 1: Canada Visitor Visa Checklist

The first step is making sure you meet the basic requirements for travel to Canada. You must have:

• A passport or other valid travel document
• Be in good health (a medical certificate may be required)
• Have no criminal convictions
• Demonstrate an intent to return to your home country
• Have enough money for your stay (bank statements may be required)

Step 2: Determine if You Need a Medical Exam

People who intend to visit for six months or less generally do not need a medical exam unless they work in specified health fields or in agriculture. You need a medical exam if you will remain in Canada for more than six months, and:

• You have lived temporarily for six or more months in a row in specified countries in the year immediately prior to the date you will enter Canada.
• You are coming to Canada to work in a job where public health must be protected.
• You are applying for a Parent and Grandparent Super Visa.

If you need a medical exam, contact the visa office for instructions on how to proceed.

Step 3: Documents Required for Canada Visitor Visa

The nearest visa application center (VAC) can help with the paperwork. Generally, you need the following forms and documents to complete your visitor visa application:

• Application for Temporary Resident Visa
• Family Information Form
• Photocopy of the Information Page of Passport
• Two Photographs (with name and date of birth written on back)
• Proof of Financial Support (bank statements)
• Photocopy of Marriage License or Certificate
• Purpose of Travel Statement
• Photocopy of Current Immigration Status (if your country of residence is different from your country of citizenship, you must provide proof of legal status)
• Custody Documents or Letter of Authorization from Both Parents (for minor children traveling with one parent)

You can apply online or on paper. Each person who seeks entry into Canada must submit a separate application.

Step 4: Pay Application Fees

As of December 2017, the fee schedule for visitor visas and super visas is as follows:

• Visitor visa / super visa = $100 per person
• Visitor visa for family of five or more = $500 total

To be eligible for the visitor visa for a family of five or more persons, dependent children must be under age 22 and the family members must apply at the same time and place.

Step 5: Biometrics

Some visitors to Canada need to give biometrics (fingerprints and a photograph). If you need to give biometrics and are applying on paper, the application must be submitted in person at the VAC office.

Step 6: Submit the Application

Families are required to send their applications together with one package. To identify the proper office, visit the webpage and select your country where you currently live.

Step 7: Application Processing

After you submit the application, it will be reviewed to make sure it has all the supporting documentation. Most applications are processed in just a few weeks. After the application is processed, your passport and original documents will be returned to you.

Step 8: Approved

Once your application is approved, the visa will be stamped inside the passport. When you arrive in Canada, a border agent will ask for your travel documents.

Documents required for a Canadian visitor visa are subject to change. Be sure to check the VAC for the most recent information for your country.

Are you interested in immigrating to Canada permanently? Contact the Immigration Law Office of Ronen Kurzfeld to see how we can make your Canadian dream come true.

How to Become a Canadian Resident

Canada is a beautiful country with a vibrant economy and a history of welcoming immigrants. Canada allows more than 200,000 people per year to immigrate to Canada as permanent residents. Once a person has been approved, they receive a Permanent Resident Card which entitles them to almost all of the same rights and responsibilities of Canadian citizens.

 

This guide to obtaining permanent residency is designed to give you a step-by-step explanation of how to become a Canadian resident. If you want to immigrate to Canada or have a pending application for permanent residence, it is recommended that you speak with a qualified immigration attorney for assistance.

 

Requirements to Become a Canadian Resident

 

The first step is ensuring you meet Canada’s minimum requirements for permanent residency:

• You must be 18 years old to become a Canadian resident. Minors must have a parent or legal guardian fill out the application on their behalf.
• You are not eligible for immigration if you have committed a crime, have a serious health issue, are in financial trouble or if you (or someone you are related to) have been barred from Canada.
• You must speak either English or French.

Once you are sure you meet the minimum requirements, you can determine which immigration program is best for your situation.

 

If you have a job lined up already, you can apply for Express Entry into Canada. This internet-based system makes it faster for Canadian employers to get approval of their new hires.

 

Immigration Categories

 

Do you have a job offer in Canada? Do you have family in Canada who can sponsor you for permanent residency? Do you have a specific job skill which could benefit Canadian employers? Are you an experienced caregiver? Are you an entrepreneur? Do you have French language skills or ties to Québec?

 

If you answered yes to any of the other questions, you probably qualify to submit an application for Canadian permanent residence under one of Canada’s immigration categories:

Skilled Worker Class Immigration

If you have specific job skills, experience, and education, you may be able to become a resident under the Skilled Worker Class. This class evaluates people based a points system which awards points for education level, language skills, work experience, age, employment, and adaptability. Applicants will receive an overall score indicating whether they are a good candidate for permanent residence status.

Once you have been given a numerical score, other factors will be evaluated as well, such as criminal history and the needs of the Canadian labour market.

Business Class Immigration

Investors, entrepreneurs and self-employed persons can qualify for permanent residence under the Business Class program. Business Class immigration requires the applicant to demonstrate they have significant financial resources.

Provincial Nomination

Canada’s immigration system allows the provinces participate in selecting immigrants who have certain skills. If you have a specific province or territory in mind, you should contact the representative immigration office and apply for nomination through that office.

Family Class Immigration

If you have family ties to Canada, your relatives may be able to sponsor you for permanent residency. Around 30 percent of all immigrants are sponsored by family already living in Canada. Your family is required to pledge financial support as a condition of Family Class immigration.

Québec-Selected Immigration

The province of Québec selects individuals which meet its own criteria for immigration.

Application and Invitation

Before you can receive your permanent residence card, you will most likely need to pass through two screening levels: provincial and federal. Some people will be permitted to immigrate as a temporary resident and then file for permanent residency while living in Canada. People who file the application while living outside Canada are not able to move until they receive their official invitation.

Who Can Sponsor an Immigrant to Canada?

Under the Family Class immigration category, citizens and permanent residents can sponsor their relatives, including foreign spouses, partners, dependent children, parents, or grandparents for immigration to Canada. The Canadian government makes family reunification an important goal, and over the next three years, the country will welcome over 260,000 people who will be reunited with their family in Canada.

 

 

Who Can Sponsor an Immigrant to Canada?

A person can become a sponsor if:

• They are at least 18 years old;
• They are a Canadian citizen, permanent resident, or person registered as an Indian under the Canadian Indian Act,
• They can prove they are financially able to assist the sponsored person(s); and
• They have enough income to provide for basic needs of dependent children of the principal applicant.

 

Who Cannot Sponsor an Immigrant to Canada?

 Certain people cannot sponsor immigrants to Canada:

• People who failed to pay an immigration loan, a performance bond, or family support payments;
• People who have not been able to provide for the basic needs of previously-sponsored relatives who received social assistance from the government;
• People who are under an immigration removal order;
• People who are incarcerated;
• Those who receive social assistance (unless they are disabled), or who are going through bankruptcy;
• People who were sponsored by a spouse or partner who became a permanent resident less than five years ago;
• People who have sponsored a previous spouse or partner and three years have not passed since the spouse or partner became a permanent resident; and
• People convicted of sexual offences, violent offences, or offences which caused bodily harm to a relative, and persons who attempted or threatened to commit this type of offence.

 

Sponsorship of Spouses, Common Law Partners and Dependent Children

 

A Canadian citizen or permanent resident can sponsor a spouse, common-law partner, conjugal partner or dependent child as long as the applicant and spouse or dependents are not inadmissible. For sponsorship purposes, a spouse can be opposite or same-sex and must be married to the Canadian citizen or permanent resident.

If a couple was married in Canada, they must provide a marriage certificate from the territory or province where they were married. If the couple was married outside of Canada, the marriage must be legally valid in the country where the marriage was performed, as well as legally valid in Canada.

A couple does not need to be married to take advantage of the spousal or common law partner sponsorship provision. If a couple has lived together in a conjugal relationship for at least 12 months, with no interruptions, they are eligible for family sponsorship. However, the CIC may require couples to prove their relationship with photographs and other evidence.

The government wants to ensure that sponsored family members have adequate support once they arrive in Canada. Spouses and common law partners must sign a formal agreement which confirms that both people understand their responsibilities. The sponsoring person must also sign an agreement pledging to provide for the basic needs of the spouse, partner, dependent child or other relative.

There are unique requirements to sponsor a close relative to Québec. If you live in Québec, it is important to review the law and consult with a lawyer about the Québec process.

 

Spousal Sponsorship Processing Time

 Generally, it takes 18 months to complete the sponsorship process for people who live outside of Canada, and 24 months for applications by people living inside Canada. In December of 2016, the Canadian government announced its plans to process 80 percent of the spousal sponsorship applications within 12 months. New application forms and procedures are streamlining the process and reducing the waiting time. For example, medical examinations are no longer needed upfront and police certificates are only required for the countries where the spouse or partner most recently lived and where they spent most of their lives since age 18. Complicated or unusual applications may still take more than one year to process.

New Data Shows Nearly 25% of Canadian Workers are Immigrants

Over the last 10 years, immigrants have significant gains in Canada’s workforce and more the 50% have a bachelor’s degree, according to Canada’s 2016 census.

Statistics show that immigrants made up 23.8% of Canada’s workers in 2016. This is up 21.6% from 2006. During the same 10-year span, Canada introduced extensive changes to its immigration system to focus on skilled labour shortages, specifically the introduction of the Express Entry system in 2015.

Statistics Canada defines an immigrant as a person who has ever been or who is a permanent resident or landed immigrant.

When you look at Canada on a regional scale, the results are even more impressive. In 2016, immigrants represent high labour force numbers in the following cities:

• More than 50% of workers in Toronto, Ontario, metropolitan area
• 2% of workers in Vancouver, British Columbia
• 5% of workers in Calgary, Alberta

One of the main goals with the Express Entry system is to offset the expected labour decline due to Canada’s aging population. The three categories the system classes economic immigrants under are the Federal Skilled Trades Class, the Canadian Experience Class, and the Federal Skilled Worker Class.

Since January 2015, nearly 150,000 invitations to apply for Canadian permanent residence have been issued through the Express Entry system.  Canada has announced this year that it plans to welcome nearly one million new permanent residents by the end of 2020. Through this plan, Canada has made targets to admit 250,000 of these newcomers through the Express Entry System.

To enter for the Express Entry pool, applicants need to decide which class they qualify under. Candidates will be evaluated based on their work experience, educations, language ability, skills, and other personal information.

Trends in Higher Education

According to Canada’s 2016 Census statistics:

• Over 50% of recent Canadian immigrants a bachelor’s degree or higher
• Four in 10 immigrants between the ages of 25 and 64 a bachelor’s degree or higher
• 3% of immigrant in the same age group had a master’s or doctorate degree
• Immigrants two times as likely to hold a master’s degree or PhD compared to the Canadian-born population

Trends in Jobs

According to Canada’s 2016 Census statistics:

• Canada’s social assistance and health care industry employed the most Canadians
• More than two million Canadians were employed in the two above industry
• Strong growth in the high-skilled computer and information systems professionals group, now representing 2.1% of Canada’s total employment
• Tech hubs in Canada are Ottawa-Gatineau (4.9% of all employment) and Toronto (3.7% of all employment)

For more information from the 2016 Census, click here.

Are you looking to apply for a work permit, the Express Entry program, or a student visa? Contact the Immigration Office of Ronen Kurzfeld to start your application today.

Canada to Make Changes to Medical Inadmissibility Rules

The current medical inadmissibility rules for newcomers need to be reformed and are out of touch with Canadian values, according to Canada’s immigration minister, Ahmed Hussen.

The announcement was made in front of Parliament’s Standing Committee on Immigration on November 22 as a part of a broader review of these medical rules.

The current policy is more than 40 years old, and Hussen said it needs to “be brought into the 21^st century.”

What are the Medical Tests for Canadian Immigration Currently?

Canada’s current medical inadmissibility rules require every applicant for a Canadian immigration visa and some who apply for temporary status to get a medical exam by a medical officer.

The list of medical tests for Canada immigration includes the following:

• Blood tests
• Urine test
• X-rays

The applicant’s mental state and medical record are also examined.

Applicants can be denied permanent residency strictly on medical grounds their admission could potentially cause an excessive demand on current health or social services that the government provides or their condition would put the safety and health of the Canadian population at large in jeopardy.

To determine if an applicant is admissible on medical grounds, the medical officer is required to consider severity, probable duration, and nature of any health impairment. The medical officer must also consider other factors including the following:

• Unusual or unpredictable behaviour that could become a danger to public safety
• Danger of contagion
• Social or health services required and whether the use of those will take away those services from Canadian nationals

Immigration and Refugee Protection Act: Section 38-1C

Hussen further explained that the current excessive demand provision does not align with Canada’s values and the inclusion of people with disabilities in the Canadian society.

Under Section 38-1C of Canada’s Immigration and Refugee Protection Act, excessive demand is summarized as the anticipated costs that are probable to exceed the average Canadian per capita social services and health services over a consecutive five years following the individual’s latest medical assessment. This period can be extended to 10 years, in some cases. The predicted impact on wait times for Canadian social and health services is also considered.

In 2017, for a demand to be considered excessive the cost threshold was $6,655 per year or $33,275 over a five-year period.

There are several exceptions to this excessive demand policy in cases of family sponsorship for a sponsor’s spouse, conjugal or common-law partner, and dependent child.

Moving Forward

Hussen said that all options are on the table with the impending changes to the medical inadmissibility rules for newcomers. This even includes the possibility of the Immigration, Refugees and Citizenship Canada (IRCC) scrapping the excessive demand rule altogether.

But, the medical examination of every applicant for a Canadian immigration visa and some who apply for temporary status will stay intact.

According to Hussen, the goal of the review is to uphold the federal and provincial governments committing to making sure the fair treatment of immigrants and the protection of Canada’s health and social services.

Are you interested in immigrating to Canada permanently? Contact the Immigration Law Office of Ronen Kurzfeld to see how we can make your Canadian dream come true.