Visa

Canada always welcomes thousands of immigrants to its shores each year and there are targets set by Parliament for each category.

Back to Top

Permanent Visas

Permanent visas are issued to applicants who want to immigrate to Canada and who meet certain eligibility criteria. There are several immigration categories: skilled workers (or economic class); entrepreneurs, self-employed persons, investors, and sponsored individuals.

Skilled Worker Class

Skilled Worker applicants have at least one years work experience in a skilled profession. The skilled workers application is assessed on the basis of specific selection criteria to determine the likelihood that the new immigrant will be able to become “successfully established” in Canada.

Citizenship and Immigration Canada uses a Point System to assess each applicants potential of becoming economically established in Canada. Rosenblatt Associates provides a FREE initial assessment to determine if you have 67 points you are eligible for Canadian immigration. Points are awarded based on 6 factors:

1. Education
2. Languages (English and/or French)
3. Work Experience
4. Age
5. Arranged Employment in Canada
6. Adaptability (including previous work or study in Canada, arranged employment, relative in Canada and partner’s education)

Business Class-Entrepreneurs, Self-Employed, Investors

Canada offers unlimited opportunities for businesspeople. Rosenblatt Associates helps businesspeople apply for permanent residence in Canada and advises on every aspect of doing business and investing money in Canada.
There are three classes of business immigrants:

1. Investors must have a net worth of at least CDN $800, 000 and make a CDN $400,000 investment that is used by the provinces for economic development and job creation. It is possible to obtain financing for part of the $400,000.
2. Entrepreneurs must have a net worth of at least $300,000 and own and manage a business in Canada that creates employment for Canadian citizens or permanent residents. Additional requirements listed below.
3. Self-employed persons must employ themselves and make significant contributions to cultural activities, athletics or farming.

Note: Business immigrants who intend to reside in the Province of Quebec are subject to different rules.

REQUIREMENTS FOR INVESTORS 

To be eligible for immigration as an investor, an applicant must:

1. make an investment of CDN $400,000, payable to the Receiver General for Canada. The full amount of the investment (without interest) is repaid to the investor after approximately five years. The return of the investment is fully guaranteed. Investors can provide as little as $130,000 and borrow up to $270,000 to satisfy the $400,000 requirement;
2. have a legally obtained net worth of at least CDN $800,000; and
3. have either managed and controlled a percentage of equity of a qualifying business for at least two years in the period beginning five years before the date of application,or managed at least five full-time workers per year in a business for at least two years in the period beginning five years before the date of application.

REQUIREMENTS FOR SELF-EMPLOYED PERSONS 

To be eligible for immigration as a self-employed person, an applicant must have at least two years of one of the following types of experience in the period beginning five years before the date of application:

1. self-employment in cultural activities or athletics;
2. participation at a world-class level in cultural activities or athletics; or
3. farm management experience.

Self-employed persons must have the intention and ability to be self-employed in Canada and to make significant contributions to cultural activities or athletics, or by purchasing and managing a farm.

SELECTION CRITERIA 

To be eligible for selection as business immigrants, applicants must first meet the definition of the class to which they are applying (investor, entrepreneur, self-employed). Applicants are then assessed against five selection criteria and must obtain a minimum of 35 points.

The selection criteria and maximum points allocated based on the same general criteria as skilled workers: age, language ability, education, work experince, and suitability.

Important notes:

1. Selection is based on the documents provided and the qualities of the applicant as assessed against the selection criteria. An interview may be required. A visa officer will ask the applicant to explain any ambiguities, inconsistencies, shortcomings or gaps in these documents during the interview.
2. The pass mark on June 28, 2002 is 35 points for all business immigrants; however, the pass mark can change at the discretion of the Minister.

Language Testing 

The following conversion chart is used to assess the total number of points awarded based on the IELTS/TEF score:

Immigration Interview for Independent and Business Class Applicants 

Most Independent and Business Class applicants will be asked to attend an interview with a Canadian immigration officer before being approved for immigration. For Independent applicants, the officer verifies the assessment points. Applicants must demonstrate resourcefulness and adaptability as evidence that they will become successfully established in Canada. We provide comprehensive interview training to help clients pass their interview.

Family Class Sponsorship 

Canadian citizens and permanent residents can sponsor certain close relatives who wish to immigrate to Canada, provided that they meet certain requirements. A Canadian citizen or permanent may sponsor:

• Spouse
• Common Law Spouse (of either sex)
• Conjugal Partner (of either sex)
• Children
• Parents
• Grandparents

Sponsors must first be approved from within Canada and must show they have the financial resources available to support the relative they wish to sponsor. The sponsor must be willing to assume financial responsibility for any person they choose to sponsor to immigrate Canada.

The following amounts are the minimum financial resources a sponsor must show based on Low Income Cut-off requirements(effective until February 1,2005):

If you are submitting your application after February 1, 2005, please contact a Call Centre for revised LICO figures.

Sponsored applicants are usually processed through a Canadian visa post abroad. Sponsors must remain physically present in Canada while the sponsorship application is being processed.

In-Land Applications On Humanitarian & Compassionate Grounds

Certain applications can be made from within Canada. If there are compelling humanitarian and compassionate reasons, immigration officials may grant permanent residence to those who are already inside Canada (such as people who have lived in Canada without status for a long time or who are married to Canadians). These people are processed as In-Land Applicants and must show reasons for being approved on humanitarian and compassionate grounds.

Refugee Claims 

Canada is known worldwide for its humanitarianism. Providing a safe home for refugees is one of our immigration system’s top priorities. Each year, thousands of new refugees reach out to Canada for help, and find safe resettlement and an opportunity for a life. Canada’s Charter of Rights and Freedoms protects everyone in our country, including refugees.

Canada’s refugee system is complex, and you must meet certain requirements to be eligible. We provide comprehensive legal services for refugee applicants. Our research and compelling submissions help show why your circumstances qualify you for a visa. We represent you at your refugee hearing, and can handle any necessary appeals.

Medical and Security Clearance 

Applicants must prove to Canadian authorities that they do NOT have:

• A criminal record
• A contagious disease that poses a threat to the health of Canadians
• A health condition that will make an excessive demand on Canada’s healthcare system

If there are any issues that may affect your medical or security clearance, Rosenblatt Associates can help you find solutions.
Back to Top

Temporary Visas

Work Permits – Temporary Employment Visa

Temporary employment visas, or “work permits”, allow skilled professionals to come to Canada temporarily for work. In most cases, a job offer is required, and that job offer must be confirmed by Human Resources Development Canada. This is called a Labour Market Opinion. If you qualify, you can come to Canada with a work permit and begin establishing your new Canadian career before your Application for Permanent Residence is approved!

Work permits are available for a wide-range of skilled professions. There are many instances where HRDC confirmation is not required. If you are a US citizen working in one of the qualified professions, you can apply at the port of entry under NAFTA (North American Free Trade Agreement). In fact, if you are an entrepreneur, self-employed or investor classes, you don’t even need a job offer to work in Canada, you just have to apply for a work permit. If you are a musician, news reporter, or emergency crew, you might not need a work permit to work in Canada.

Occupations That Do Not Require a Work Permit

• Business Visitors.
• Foreign Representatives and Family Members.
• Military Personnel.
• Foreign Government Officers.
• On-Campus Employment.
• Certain Performing Artists.
• Athletes and Coaches.
• News Reporters.
• Public Speakers.
• Convention Organizers.
• Clergy.
• Judges and Referees.
• Examiners and Evaluators.
• Expert Witnesses or Investigators.
• Health Care Students.
• Civil Aviation Inspector.
• Accidental or Incident Inspector.
• Crew.
• Emergency Service Providers.

Back to Top

HRDC Labour Market Opinion

In order to apply for a work permit, you must first apply for an HRDC Labour Market Opinion. HRDC evaluates the job offered to ensure that a) there is no Canadian who can do that job; and b) that by hiring a foreign national for that position there is no negative effect on the Canadian labour force. HRDC requires that each employer advertises for the position and submits evidence that they are in need of hiring a foreign worker.

Professional Help

We advise individuals and corporations regarding work permits and employee transfers. We prepare detailed submissions, help both the employer and the employee gather paperwork, and see you through the entire process. Our affiliates, Canada Job Network and Caregivers.ca, provide online searchable employment databases to match foreign workers with employers here in Canada.
Back to Top

NAFTA

Under NAFTA (the North American Free Trade Act), professionals who are citizens of the United States who wish to come to Canada to work, and who have a job offer, do not have to apply for HRDC confirmation. In fact, they can apply for their NAFTA work permit right at the border! Work permits are issued for one year, with the opportunity to renew for a maximum of three years. We can help you determine if you are in the right profession to take advantage of this Act.
Back to Top

Intra-Company Transfers

Companies can send senior level employees to Canada for work and/or training within the same company can apply as an intra-company transfer. There must be a legitimate connection to the parent company, and the employee transferring must be a senior level employee. The employee can get a work permit for an initial period of one year. In some circumstances, a senior member of a foreign company may come to Canada to establish a branch of the business. HRDC approval is not required for this work permit, and an application may be made directly to the visa post.
Back to Top

Entrepreneur and Self-Employed

An entrepreneur who wants to come to Canada to set up a business may apply for a work permit. The applicant must show that they will make a significant economic or cultural contribution to Canada. This can be proved in a variety of ways, and Rosenblatt Associates is available to ensure that the most comprehensive submission package is produced for Citizenship and Immigration Canada. HRDC approval is not required for this work permit, and an application may be made directly to the visa post.
Back to Top

Live-In Caregivers

Live-In caregivers are in high demand. With a job offer, caregivers from abroad can quickly obtain a work permit and come to Canada. Live-in caregivers provide care for children, the elderly or the disabled in a private household. After two years of steady employment as a caregiver, live-in caregivers can apply for permanent residence without having to leave the country.

If you are worried about finding a position in Canada, Caregivers.ca can find jobs for prospective caregivers. Caregivers.ca is an affiliate of Rosenblatt Associates. Resumes, photos and “virtual interview” video clips are a new way to create an impressive profile for future employers to see. We compile the information in our extensive database (www.caregivers.ca)which is used by Canadian employers to search for the perfect candidate.
Back to Top

Spouses and Families

If you come to Canada on a work permit, your spouse may qualify for an ‘open’ work permit without a job offer. This will allow your spouse to work while s/he accompanies you to Canada. This applies to both married spouses and common-law partners of either sex. Dependent children are eligible for study permits, as well.
Back to Top

The Point System

Canada uses a point system to assess all Independent/Skilled Worker applicants. To be eligible for permanent residence in Canada, you must obtain at least 67 points in the point assessment.

The most important point assessment criteria are related to occupation – that is, what you intend to do for a living in Canada and why you are qualified to do it. Immigration officials will look at your education and training, current and past employment duties, and skills and experience to assess whether you are qualified for Canadian immigration. You will earn significantly more points if you have “Arranged Employment” in Canada. “Arranged employment” means a job offer in Canada that has been approved by Human Resources Development Canada (HRDC) or that is exempt from HRDC approval.

HOW THE POINTS ARE DETERMINED
There are six factors to consider in pre-determining how many points you should receive:

1. Education
2. Languages (English and/or French)
3. Work Experience
4. Age
5. Arranged Employment in Canada
6. Adaptability (including previous work or study in Canada, arranged employment, relative in Canada and partner’s education)

Below please find an explanation of how the points for each factor are assessed and determined:

EDUCATION FACTOR (maximum 25 points) :
The Education Factor is an assessment of your completed education. A specific number of points corresponds to each level of completed education. For each educational credential, there is a specific number of full-time (or full-time equivalent) years that you must have completed in order to obtain the points that correspond to that education credential* (*consult with Rosenblatt Associates if you did not complete the number of years required).

If you have more than one educational credential, you are assessed by whichever credential results in you being awarded the highest number of points for this factor. (Example: if an applicant has a 3-year college diploma and a 2-year university bachelor’s degree, this applicant should receive 22 points for the diploma instead of 20 points for the degree.)

Use the following chart to determine how many points you should receive for the Education Factor:

LANGUAGE FACTOR (maximum 24 points):

Points for the Language Factor are awarded for high, moderate or basic proficiency in speaking, listening, reading and writing in English and French, Canada’s two official languages. Your “first official language” should be whichever of these languages you have the best ability in. Your “second official language” should be whichever of these languages you have the lesser ability, or no ability, in.

Click here for descriptions of the different levels of proficiency in English and French.

Once you have determined your level of proficiency in each skill, use the following chart to determine how many points you can claim for the Language Factor:

If claiming points for “first official language”, you will have to submit proof of your abilities in that language. If claiming points for “second official language”, you will also have to provide proof of your abilities in that language.

You can prove your language abilities by:

1. taking an official language test administered by an approved organization; or
2. providing other written documentation to support your claim of abilities in the language.

If neither English nor French is your native language, take an official language test to prove any abilities you claim to have in these languages.

If you don’t take an official language test, the alternative written documentation you provide must clearly show that you meet the level of ability you are claiming (high, moderate or basic proficiency) for speaking, listening, reading and writing in English and/or French. Rosenblatt Associates can advise you of the written documentation you should provide.

WORK EXPERIENCE FACTOR (maximum 21 points)

To be eligible for Canadian permanent residence and to obtain points for the Experience Factor, you must have at least one year of work experience in at least one occupation listed in the National Occupations List (NOC) under the categories of “Skill Type 0 – Management”, “Skill Level A” or “Skill Level B”.

Rosenblatt Associates can advise you whether your work experience falls under Skill Type 0 – Management”, “Skill Level A” or Skill Level B” and what the NOC lists as duties and responsibilities for that occupation.

You will be awarded a set number of points depending on how many years of work experience you have:

*The number of years of work experience are cumulative, must be in the last ten years, and do not have to be in the same occupation. For instance, if you have three years of work experience, you will get 19 points for the Experience Factor even if your three years of work experience is divided between 2 or 3 occupations.

AGE FACTOR (maximum 10 points)
The age you are (or will be) at the time your application is submitted to the consulate is the age that should be used in determining your points for the Age Factor. Use the following chart to determine how many points you should receive for the Age Factor:

ARRANGED EMPLOYMENT IN CANADA FACTOR (maximum 10 points) 

You will receive 10 points if you have a job offer in Canada, or if you are currently working in Canada on a valid work permit.

ADAPTABILITY FACTOR (maximum 10 points)

The Adaptability Factor is intended to give you points for things that may enhance your ability to become successfully established in Canada. You may receive points for one or a combination of the following (up to a maximum of 10 points overall):

1. partner’s education
2. previous work in Canada
3. previous study in Canada
4. arranged employment
5. relative in Canada

a) Partner’s Education (3, 4 or 5 points)
If your spouse or common-law partner is accompanying you to Canada, you may receive points for your partner’s education.

Look at the table provided above in the description of the Education Factor. Determine the number of points that your partner’s education corresponds to in that table:

• if it corresponds to 12 or 15 points, you may receive 3 points for it under the Adaptability Factor;
• if it corresponds to 20 or 22 points, you may receive 4 points for it under the Adaptability Factor;
• if it corresponds to 25 points, you may receive 5 points for it under the Adaptability Factor;

b) Previous Work Experience in Canada (5 points)
If you or your accompanying spouse or common-law partner completed a minimum of 1 year of full-time (or full-time equivalent) authorized work in Canada, you may receive 5 points for it under the Adaptability Factor.

c) Previous Study in Canada (5 points)
If you or your accompanying spouse or common-law partner completed a minimum of 2 years of full-time (or full-time equivalent) authorized post-secondary study in Canada, you may receive 5 points for it under the Adaptability Factor.

d) Arranged Employment (5 points)
If you receive points for the Arranged Employment Factor (see above), or if your accompanying spouse or common-law partner has arranged employment in Canada, you may also receive 5 points for it under the Adaptability Factor.
(*Note: if it is your spouse or common-law partner who has the job offer, it must meet the criteria of one of the categories listed above in the description of the Arranged Employment Factor).

e) Relative in Canada (5 points)
If you or your accompanying spouse or common-law partner has a close relative who is a citizen or permanent resident of Canada, you may receive 5 points for it under the Adaptability Factor. “Close Relative” refers to the following familial relationships: father, mother, grandparent, son, daughter, grandchild, sister, brother, niece, nephew, aunt or uncle. (*Note: only 5 points may be awarded, even if there is more than one close relative in Canada).

*PLEASE NOTE: You may receive no more than 10 points overall for the Adaptability Factor, regardless of how many of the above items you can claim.

SETTLEMENT FUNDS (2006)

Pursuant to R76(1)(b) a visa office will determine if an applicant has sufficient funds available for settlement in Canada. The amount of funds are determined by the number of family members (including both accompanying and non-accompanying dependants). The funds must be available, transferable and unencumbered by debts or other obligations. Applicants that have Arranged Employment (as defined by R82) do not need to meet these financial requirements.

Back to Top

Immigration Law, Policies & Regulations

Immigration and Refugee Protection Act (2002)

Regulations (2002)

Point Assessment Grid(2002)

For additional information on the new immigration act and regulations and current updates, please visit www.savecanada.com