There are several key requirements that must be met including language tests, minimum work requirements and a few other requirements applicants must consider before applying for Permanent Residency (PR) through the EE system. There are 3 Federal Programs for Foreign Nationals to obtain Permanent Residence as well as through the Provincial Nominee programs.

Canadian Experience Class (CEC)

Applicants can apply for Permanent Residence based on Canadian work experience (at least 12 months) through the Express Entry system.

Federal Skilled Trade Program (FSTP)

Qualified skilled trade applicants can apply for Permanent Residence through the Express Entry system. They need to be qualified in a trade with at least 2 years experience.

Federal Skilled Worker Program (FSWP)

Applicants can apply for Permanent Residence based on Canadian work experience through the Express Entry (EE) system.

Provincial Nominee Program (PNP)

Applicants can apply for Permanent Residence through several Provincial Nominee Programs. These immigrants must have the skills, education and work experience to contribute to the economy of that province or territory, and must want to live there

Citizens and permanent residents of Canada can sponsor the following relatives:

• Spouses, common-law or conjugal partners
• Parents and grandparents
  • Dependent children, including adopted children
  • Children under 18 years of age whom you intend to adopt, or under guardianship
• Siblings, grandchildren, nieces and nephews under the age of 18

You may sponsor one relative of any age if you do not have an aunt, uncle or family member from the list above, whom you could sponsor or who is already a Canadian citizen or permanent resident.

The sponsor, who must be a Canadian citizen or permanent resident, must first obtain an approval from inside Canada. The sponsor must be able to show that he or she is financially able to support the family member (applicant).

The sponsor and the applicant will also have to sign a sponsorship agreement, where the sponsor promises to support the applicant and his or her family members financially for 3 to 10 years so that the applicant will not need to apply for social assistance. The applicant must promise to make every effort to become self-supporting, unless the applicant is elderly.

We are happy to assist caregivers with their applications for permanent residence. There are two pathways: 

• The Caring for Children Pathway which is available for those caregivers who have provided child care in a home, whether they lived in the home or not; or 
• The Caring for People with High Medical Needs Pathway which is available for those caregivers who have provided care for the elderly or those with disabilities or chronic disease at higher s]kill levels in health facilities or in a home.

The issues that confront newcomers coming to Canada are unique and often complex. Canadian immigration laws and policies are thorough, but it is widely recognized that they cannot respond to every situation. For this reason, applicants can request discretionary consideration of their circumstances on humanitarian and compassionate grounds.

Section 25 of Canada’s Immigration and Refugee Protection Act allows applicants to request that they be excused from any requirement under Canada’s immigration laws and policies on the basis that the application of those laws and policies to their particular situation, would result in hardship. This section allows applicants who do not qualify for permanent residence in any other category to apply for permanent residence solely on humanitarian and compassionate grounds, often referred to as an H and C application.

Examples of situations in which a request for processing on humanitarian and compassionate grounds is eligible:

• People with HIV or other health conditions which may render them medically inadmissible to Canada
• Refused refugee claimants who would face hardship if they are returned to their country
• Persons who have relatives in Canada but do not fit within the family class and are not eligible for sponsorship.

International Mobility Program

This program allows employers to hire and bring foreign workers to Canada without the need of a Labour Market Impact Assessment. These people can include:

• International students who graduated from a Canadian school
• People working in Canada temporarily under free trade agreements, such as NAFTA
• People taking part in International Experience Canada
• Some permanent resident applicants settling in Canada while their application is finalized, and spouses of highly-skilled foreign workers.

Intra Company Transfer (ICT)

• Canadian businesses can use this work permit category for temporary relocation of their managerial, specialized knowledge and start-up operations employees.
• These applications are managed by Immigration Refugees & Citizenship Canada under the International Mobility Program.
• This is a popular LMIA-exempt work permit application for employers who can demonstrate that the transfer of employees is of economic or cultural benefit to Canada.
• The employer must demonstrate that minimum criteria are met to ensure successful ICT work permit applications.

Labour Market Impact Assessments (LMIA)

• LMIA is an application to Service Canada - Employment and Social Development Canada(ESDC) to test the Canadian labour market.
• An employer can, after various advertising and other requirements are met, apply for a LMIA. Once the LMIA is approved, the employer can make a formal job offer to the foreign worker.
• The LMIA is part of the Temporary Foreign Worker Program, and is necessary for a foreign national to obtain a work permit.

Post-Graduate Work Permit (PGWP)

• International students may be issued a PGWP for the length of the study program.
• A PGWP cannot be valid for longer than the student’s study program, and the study program must be a minimum of eight months in length.
• There are specific criteria an international student must meet.
• Applications must be made within 90 days of receiving written confirmation from your education institution indicating that you have met the requirements and completed your academic program.

Live in Caregiver and Caregiver

The Live-in Caregiver Program pathway to Permanent Residence is available for those who have 24 months of authorized full-time live-in employment, or 3,900 hours of authorized full-time employment. Work experience must be acquired within four years of your date of arrival.

The Caregiver Program has two new pathways:

• Caring for Children
• Caring for People with High Medical Needs

For both pathways, the applicant doesn't have to live in the home of the employer to qualify for permanent residence. The applicant must work in Canada with a work permit in an eligible occupation for two years and meet requirements for language ability and education.

Temporary Residents - Visitors
Program Work Permit

• Every year millions of people visit Canada. Depending on your country of nationality you may require a visitor visa.
• Visitors to Canada are now automatically considered for multiple-entry visas usually allowing visitors to come and go for six months at a time.
• Some of the popular reasons why people visit Canada are as tourists, as visiting family members (e.g. grandparents), or as business visitors.

• When a person has been subjected to a removal order he/she may need an Authorization to Return to Canada (ARC) if they want to return. The type of removal order determines whether an ARC will be needed.
• Departure order - a person who receive a departure order and leaves Canada within the required 30 days and verify your departure before exiting Canada will not need an ARC.
• If the person leaves Canada without verifying his or her departure or after 30 days expired the departure order becomes a deportation order and he or she will need an ARC
• If a person was issued an exclusion order and wishes to return to Canada after 12 months he/she does not need an ARC. If they want to return to Canada before the expiry of 12 months they will need an ARC.
• Any person who was subject to a deportation order will have to apply for an ARC. There is no guarantee that a person will be issued an ARC.

Assessment of an ARC – the officer will consider among other things:

• The reasons for the removal order
• The possibility that you will repeat the behaviour that caused the order to be issued
• The length of time since the order was issued
• Your current situation
• The reason why you want to enter Canada.

Contact us for assistance with preparing the ARC in your case.

There are several residence requirements that must be met in order for your Citizenship application to be successful. You must maintain your Permanent Residence (PR) status before applying. A common feature of the citizenship process is the Residence Questionnaire.

Contact us to assist with your Citizenship application and Residence Questionnaire application.