IMMIGRATING TO CANADA

*Disclaimer – this presentation is for the purposes of providing information with respect to various immigration programs that currently exist in Canada only. This presentation does not constitute legal advice and should you require further clarification or have questions with respect to your own particular situation, you should contact a lawyer or immigration specialist directly yourself.*

2

IMMIGRATING TO CANADA

Permanent Residency

What rights does Canadian permanent residence confer on the holder?Permanent residents of Canada have the right to:• get most social benefits that Canadian citizens receive, including health care

coverage.• live, work or study anywhere in Canada.• apply for Canadian citizenship after spending a certain amount of time as a

permanent resident in Canada.• protection under Canadian law and the Canadian Charter of Rights and Freedoms.What are a Canadian permanent resident’s responsibilities while in Canada?• Permanent residents of Canada are required to respect all Canadian laws at the

federal, provincial and municipal levels. A conviction for a serious criminal offence may result in the loss of permanent resident status.

3

IMMIGRATING TO CANADA

Does Canadian permanent residence need to be renewed, and if so, when and how?• Once a permanent resident visa is granted and the holder lands in Canada as a

permanent resident, that status does not have to be renewed. It remains indefinitely unless the holder applies for and is granted Canadian citizenship or the holder loses his or her permanent resident status.

• An individual may lose permanent resident status for failure to meet the residency obligation. That obligation requires a permanent resident to accumulate 730 residency days in each five-year period. Residency days may be accumulated inside or outside Canada. To accumulate residency days while outside Canada, a permanent resident must be: with an accompanying Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent; employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province; or accompanying a permanent resident who is his or her spouse or common-law partner or, in the case of a child, his or her parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province.

4

IMMIGRATING TO CANADAFederal skilled workersFederal Skilled Trades ProgramQuebec-selected skilled workersCanadian Experience ClassStart-up visaSelf-employed Persons ProgramFamily sponsorshipProvincial nomineesLive-in caregiversRefugees

5

IMMIGRATING TO CANADA

Canadian Experience Class

Applicants must meet the following basic eligibility requirements:• Have at least 12 months of full-time skilled work experience (or an equal

amount in part-time) in the past three years before applying;• Plan to live outside of the Province of Quebec;• Have gained the Canadian work experience legally; and• Meet minimum language requirements

6

IMMIGRATING TO CANADA

Federal Skilled Worker Program

• Re-opened in May 20141. 35 new occupations have been added 50 eligible occupations: please click here.2. Previous applicants can re-apply 3. Selection criteria has not changedNo eligibility or selection criteria has been changed. This means that applicants must still score at least 67 points on the FSW selection grid in order to be selected for permanent residency. Points are attributed for factors such as language skills, education, work experience, age, and adaptability to Canada.4. Educational assessment reports can be reused 5. Multiple applications may be accepted

7

IMMIGRATING TO CANADA

6. No new forms are required7. Part-time work may be accepted8. Language requirements have not changed.9. Processing times are faster 10. Last chance to apply to the FSW programOn January 1, 2015, a new immigration intake system known as Express Entry will come into force. This system will pre-select applicants for a range of immigration programs, including the FSW program. As it currently stands, this is the last opportunity for applicants to apply directly to the FSW program.

8

IMMIGRATING TO CANADA• New Express Entry System – comes into operation on January 1, 2015

• Bring the Canadian immigration process into a more electronic model.

• Select skilled immigrants under the following federal economic immigration programs: Federal Skilled Worker; Federal Skilled Trades; Canadian Experience Class

• 2 step process

9

IMMIGRATING TO CANADA

Step 1: Complete an online Express Entry profile• Candidates for Canadian permanent residence will make an expression of interest

in immigrating to Canada by creating an online profile. • They will provide information about their skills, work experience, language ability,

education, and other personal information. • Candidates who meet the criteria of one of the aforementioned federal economic

immigration programs will be placed in a pool of candidates. • If a candidate does not already have a valid job offer from a Canadian employer

or a provincial nomination, he or she must register with Canada's Job Bank, which will connect him or her with Canadian employers.

• It is important that the information provided is accurate, as providing false information could disqualify an applicant from re-entering the pool for a number of years.

10

IMMIGRATING TO CANADA

Step 2: Invitation to apply for Canadian permanent residence• The Government of Canada and Provincial Governments, as well as

employers, will be able to select new immigrants from the Express Entry pool. The highest-ranked candidates (i.e. candidates considered to have the best chances for economic success in Canada), and those with valid job offers or provincial nominations, will be invited to apply for Canadian permanent residence.

• If a candidate is selected, he or she will receive an invitation to apply for permanent residence in Canada. He or she will then have 60 days to submit an electronic application for permanent residence.

• CIC aims to process applications within six months of the date of submission. Candidates must ensure that they complete all necessary forms and submit all supporting documents within this timeframe. On completion of the process, successful candidates and their dependents (spouse and children) will land in Canada as permanent residents.

11

IMMIGRATING TO CANADA• Under the new Express Entry program, anyone will be able apply. Express Entry

will have no occupation list and applicants can present their credentials regardless of what industry or profession they are in.

• Canada’s most popular immigration program for foreign workers without a job offer is the Federal Skilled Worker (FSW) eligible occupation stream. Only a limited number of applicants can apply (maximum 1,000 per eligible occupation) and they must have work experience in one of 50 eligible occupations within the last 10 years.

• Without a cap on the number of applications being accepted for processing, applicants can apply to Express Entry at any time without fear that the program will close or fill up before their application is completed.

Note: Candidates in the Express Entry pool who do not receive an invitation to apply for permanent residence in Canada after 12 months may resubmit their profile and re-enter the pool if they still meet the criteria of at least one of the economic immigration programs.

12

IMMIGRATING TO CANADA

Preparing for Express Entry:• IELTS: a language test is required for almost every immigration stream that leads to a

Permanent Resident visa. Documenting one’s language ability may help them immigrate, and even if an IELTS is not required for Express Entry, the score may still help an applicant convey their English language proficiency to a potential employer.

• Credential assessment: Under the current FSW programs, foreign diplomas are given an equivalent value in Canada. The credential assessment can also be an important first step towards licensing or certification in their field in Canada.

• Resume and reference letters: Many people do not have an up to date resume and have not needed to ask their employer for reference letters. Beginning to update and edit a resume, as well as starting to determine how to obtain references may be useful for job searching or immigrating to Canada.

• Applicants who have already applied to an existing Canadian immigration program will need to apply separately for Express Entry to be considered under this expedited program.

13

IMMIGRATING TO CANADA

Provincial Nominee Program – Nova Scotia

• Since June 6, 2014, an international graduate from a Canadian college or university, with a job offer from a Nova Scotia employer, can apply for permanent residency through the nominee program’s Skilled Worker stream.

• 3 streams – Skilled Worker, Family Business Worker, Regional Labour Demand (closed since April 2014 – 150 places)

14

IMMIGRATING TO CANADA

PNP – Skilled Worker

• Before submitting an application to the Nova Scotia Nominee Program (NSNP), the skilled worker must have a full-time, permanent job offer from a Nova Scotia employer.

• Provincial priorities may change as skill shortages are met by permanent residents or Canadian citizens.

• Skilled workers Defined as individuals with occupation within NOC skill level O, A or B. Priority will be awarded to these higher skilled occupations.

• Semi-skilled workers have occupations that fall under the NOC skill level C occupations.

• The Nova Scotia Office of Immigration may consider applications based on local labour market requirement and conditions, and 6 months of work with the Nova Scotia employer supporting the application.

15

IMMIGRATING TO CANADA

• Low-skilled workers have occupations that fall under the NOC skill level D. • The Nova Scotia Office of Immigration may consider applications from

individuals in these occupations only if all other eligibility criteria are met, the principal applicant has worked for at least 6 months with the Nova Scotia

employer supporting the application, there are indicators of success in the application, and there is strong employer support.

• For skilled, semi-skilled and low-skilled workers, priority will be given to workers whose employers have made a genuine effort to recruit qualified

Canadian citizens or permanent residents and can demonstrate they’ll provide additional supports to assist newcomers with their settlement needs.• The Office of Immigration will not consider applications from individuals on a

federal post-graduation work permit whose occupations fall under NOC skill level D.

• As of May 1st, 2013, all applicants in NOC skill levels C and D occupations must submit official language test results with their application to the Nova Scotia Nominee Program.

16

IMMIGRATING TO CANADA• At the time of submission, you must have work experience equivalent to 12 months

(1,560 hours or more) within the last 5 years, related to the position and skills for the job.

• The evidence of work experience or transferable skills will be verified by certified education and work experience via your résumé or curriculum vitae (CV) and supporting employment documents.

• Federal guidelines generally recommend that immigrants arrive with a minimum of $11,000, plus $2,000 for each dependent. This recommended amount is reduced in the case of a principal applicant who is already living in Nova Scotia or has arranged employment. In all cases, proof of some financial resources in your own name is required.

17

IMMIGRATING TO CANADARegional Labour Market Demand Stream

• Now closed – will reopen on January 1, 2015 – NO JOB OFFER REQUIRED (150)• Be between the ages of 21 and 55;• Meet minimum language proficiency requirements;• Have at least two years of continuous full-time work experience within the past

five years in an eligible occupation – Eligible Occupations• Intend to work in an eligible occupation;• Be legally residing in current country of residence;• Have sufficient funds for settlement in Nova Scotia;• Have at least a high school level of education and a degree, diploma, or

certificate from a post-secondary institution.• Completed post-secondary program must be at least one year in length• Demonstrate intent to live in Nova Scotia and ability to become economically est

ablished in the province; Complete an Employment Settlement Plan; andattend an interview, if required.

18

IMMIGRATING TO CANADA

Family Business Worker Stream

• The Family Business Worker stream helps employers hire workers who are close relatives, and have the work experience and required skills for positions employers may have been unable to fill with a permanent resident or Canadian

citizen.• Before submitting an application to the Nova Scotia Nominee Program (NSNP),

the family business worker must have a full-time, permanent job offer from a Nova Scotia employer who is a close relative and who owns an established business in Nova Scotia.

• The worker is the business owner’s son or daughter, brother or sister, niece or nephew (children of brothers or sisters), uncle or aunt (parent’s brothers or sisters) grandchild (or a step or half-relative of the same degree)

• At this time, under the Family Business Worker stream, the Nova Scotia Office of Immigration will not consider low-skilled occupations that fall under the NOC Skill level D.

19

IMMIGRATING TO CANADA

Self Employed Stream

The Self-Employed Persons Program seeks to bring people who will become self-employed in Canada. They must have either:• relevant experience in cultural activities or athletics, and intend and be able to

make a significant contribution to the cultural or athletic life of Canada, or • experience in farm management, and intend and be able to buy and manage a

farm in Canada.

20

IMMIGRATING TO CANADA

Start Up Visa

Your application to come to Canada through the start-up visa program will be assessed on a pass/fail basis on four requirements. You must have:• A Letter of Support from a designated angel investor group, a venture

capital fund or a business incubator.• An ability to communicate in either French or English equivalent to a

minimum of Canadian Language Benchmark (CLB) 5.• Completion of one year of study at a post-secondary institution.• An adequate amount of money in order to settle and provide for the

cost of living prior to earning an income.

21

IMMIGRATING TO CANADA

• To be eligible for the start-up visa, you must secure a minimum investment of $200,000 from a designated Canadian venture capital fund.

• To be eligible for the start-up visa, you must secure a minimum investment of $75,000 if the investment comes from investors affiliated with one or more of a designated Canadian angel investor group.

• To be eligible for the start-up visa, you must be accepted into a designated Canadian business incubator program.

• One of these programs is Innovacorp, which is a Nova Scotia program.

22

IMMIGRATING TO CANADA

Recent Changes to Citizenship Act

• On June 19, 2014, the Bill C-24 received Royal Assent and became lawClarifying the meaning of being resident in Canada (physical presence rather than residence);• Modifying the period during which a permanent resident must reside in Canada

before they may apply for citizenship (four years of physical presence in Canada during the six years preceding the filing of the application);

• Requiring that an applicant for citizenship demonstrate, in one of Canada’s official languages, knowledge of Canada and of the responsibilities and privileges of citizenship;

• Specifying the age of which an applicant for citizenship must demonstrate the knowledge referred to above and must demonstrate an adequate knowledge of one of Canada’s official languages (changed from 18-54 to 18-64);