Canadian Immigration Programs
To qualify as a Federal Skilled Worker the person has to have at least one year of continuous work experience in an occupation that falls under codes 0, A or B of the National Occupation Classification. These are occupations in management, professions and trades. The person must have minimum level 7 of English or French in the Canadian Bench Mark among other requirements and meet the point system. They will also have to be selected through the Express Entry system.
To qualify under the Federal Skilled trades program, the candidate must have at least two years of legally obtained work experience within the last five years in one of the required trades, and must have either an approved job from a Canadian company or the certificate of qualification in that skilled trade issued by a Canadian provincial or territorial authority. They will also have to be selected through the Express Entry System.
Certain foreign workers who have worked in Canada for 1 year may apply for Permanent Residence if they meet the occupational and language requirements and if they are selected through the Express Entry System.
Some International students who have studied in Canada and who have worked in Canada for one year after completing their studies may obtain Permanent Residence if they meet the occupational and language requirements and if they are selected through the Express Entry System.
In addition to the immigration categories under the Federal and Quebec programs, Canada has entered into bilateral agreements with all of its provinces and territories to allow the provinces and territories to select immigrants in accordance with their specific needs. Each province and territory has its own immigration departments with the objective of attracting immigrants to fill their specific needs. The programs vary from province to province. Most of the provinces have very attractive skilled workers and business programs.
Self Employed is a category that allows a person who has relevant experience and has the intention and the ability to be self-employed in Canada; in cultural or athletic activities; or intends to operate a farm. The person should be able to communicate in one of the official languages and should have sufficient funds for the venture.
One of the Objectives of Canadian Immigration Law continues to be Family Reunification Family class sponsorship is available to Canadians or permanent residents who wish to sponsor members of their family. Members of the family class are dependent children, spouses, common law and conjugal partners, Parents and grandparents and adopted children. They are also a niece/nephew, sibling or grandchild who is under 18 and orphaned, not married or in a common-law relationship. A Canadian citizen or Permanent Resident who does not have any member of his/her immediate family in Canada may be able to sponsor any family member or relative on a once-in-a-lifetime basis.
Canadian colleges, universities and other educational institutions approved by the government are open to the world. In order to attend any of these, a person must obtain a study permit. International students, except students studying English or French as a second language, are allowed to work without the need of a Work Permit. Once a foreign student graduates he/she can apply for and obtain a work permit from one to three years depending on the length of their studies in Canada. With this work experience, they may be able to apply for permanent residence under the Canadian Experience Class.
As a rule, employment in Canada is reserved for Canadian Citizens and Permanent residents. When a Canadian company cannot find a qualified employee within Canada, after obtaining permission from Human Resources, the company may bring a foreign national on a temporary work permit. There are exceptions to this rule. Under the Free Trade Agreements with the United States, Mexico, Chile, Colombia and Peru there are special programs which allow citizens of those countries to obtain temporary work permits without the permit above. There are programs for business people and for certain professionals, Technologist and Technicians. Some work permits may be obtained within twenty-four hours. There are certain occupations such as, religious workers, athletes, students, spouses of students and workers, artists and much more for whom there are special provisions and exceptions to work in Canada. Some of them require an offer of employment from a Canadian company others could obtain an open authorization to work in Canada. Selecting the program and complying with the program requirements that best works for the individual is what we can do for you.
Individuals willing to provide help to care for children, the infirm or the elderly may benefit from the caregiver program. They must have a job offer from a Canadian employer and must comply with certain requirements related to education, experience and language. Once in Canada, caregivers must work for two years. They will then be permitted to apply for their Permanent Residence provided they comply with the requirements of the program. It is important to note that the Canadian government has taken steps to guarantee that workers in this area are treated fairly and in accordance with the labour laws of the provinces.
The refugee program allows people who are fleeing persecution to present their case before the competent tribunal to determine if they meet the definition of Convention Refugee or a Person in need of Protection.
The appeal division has jurisdiction over specific cases: Refused sponsorships, permanent residents ordered deported, permanent residents who lose their residency because they were out of Canada for more than the time allowed by law and others.
A person who is detained for immigration violations has a right to a detention review. If the person does not pose a danger to the public and/or to himself; there is no concern that the person would hide from the immigration authorities if released and the person is able to provide proper identification, the person could be released from detention. In most cases, the person would require a guarantor.
For people who do not fit within any of the programs for immigration to Canada, but find themselves in exceptional circumstances, there is the option of making a request on Humanitarian and Compassionate grounds. An immigration officer may find there are special circumstances that merit a person remain in Canada as a Permanent Resident or come to Canada even if they do not meet all the requirements of the Regulations. A person is not eligible to make a Humanitarian and Compassionate Application if they have a refugee claim pending before the Refugee Protection Division or less than 12 or 36 months have passed since an application for refugee protection was rejected, abandoned or withdrawn after the hearing started. There are exceptions if the application is based on the inability of the country of origin to provide adequate medical care or when the best interests of a child is affected.