CANADA FAQ'S

FREQUENTLY ASKED QUESTIONS

Are you licensed by the Canadian Society of Immigration Consultants (CSIC)?
Our Canadian immigration consultants are valued members of the Canadian Society of Immigration Consultants (CSIC). We stress the importance of such membership because all of its members are bound by a strict code of ethics. As a protection to our clients we enter into a binding contract which clearly defines our obligations towards the client and the client's obligations towards us.
Mr. ABDEL EL SOLAKHY
CSIC ID#: M045160
To verify the legitimacy of the above memberships, please check out the CSIC website at http://www.csic-scci.ca and look for the name of
Mr. ABDEL EL SOLAKHY  in their membership list.

Who qualifies for permanent residence under the Economic class?
(Skilled worker class, Quebec skilled worker class, provincial nominee class, entrepreneur class, investor class, self-employed persons class)
The Federal skilled worker class is primarily point based and confers permanent resident status upon applicants who are able to demonstrate an ability to become economically established in Canada. Applicants are assessed under 6 factors and numerous sub factors of assessment providing for 100 points. Individuals with at least one year of continuous full-time employment experience, or the equivalent in part-time employment in one or more “open” occupations, within the 10 years preceding the date of their application and who possess the required settlement funding, may qualify for assessment. Applicants who do not meet the applicable pass mark may be accepted under the positive discretion provisions of the regulations.
Under the Quebec skilled worker class and the Provincial nominee class, applicants may become permanent residents on the basis of their proven ability to become economically established in Canada, in accordance with immigration programs and selection criteria administered by Quebec or the provinces.
The Investor class is point based and confers permanent residence to applicants who demonstrate an ability to become economically established in Canada on the basis of their business or management experience and high personal net worth. Approval is contingent upon the investor undertaking to commit an irrevocable, passive, non-interest bearing investment of $400,000 in a government guaranteed investment fund.
A successful applicant is one who has a) managed a qualifying business and has controlled a percentage of equity of the qualifying business for at least two years in the period beginning five years preceding the application or managed at least five full-time job equivalents per year for at least two years in the period beginning five years preceding the application; b) possesses a personal net worth of $800,000 and c) undertakes to invest $400,000 in a government approved investment fund.
The Entrepreneur class is point based and confers permanent residence to applicants who demonstrate an ability to become economically established in Canada on the basis of their business experience and personal net worth. Approval is contingent upon the entrepreneur undertaking to invest and become active in the management of a qualifying business operated in Canada that will contribute to the economy and create employment.
A successful applicant is one who has a) managed a qualifying business and has controlled a percentage of equity of the qualifying business for at least two years in the period beginning five years preceding the application; b) possesses a personal net worth of $300,000 and c) undertakes to control a percentage of the equity of a qualifying Canadian business and provide active and ongoing management of the qualifying Canadian business that will create at least one incremental full-time job for Canadian citizens or permanent residents, other than the entrepreneur and their family members. This condition must be fulfilled for a period of one year within the period of three years after the day on which the entrepreneur becomes a permanent resident.
The Self-Employed class refers to applicants who have the intention and the ability to create their own employment and make a significant contribution to the cultural, artistic or athletic life of Canada, or to create their own employment by purchasing and managing a farm in Canada.
A successful applicant is one who has at least two years of experience in the period beginning five years before the date of the application and ending on the day a determination is made on the application, in self-employment in cultural activities or in athletics; participation at a world-class level in cultural activities or athletics; or farm management experience.
To qualify, the applicant must demonstrate a sufficient financial net worth which, although less than an entrepreneur and not specified in the regulations, should enable the applicant to be self-employed in Canada and make a significant contribution to specified economic activities in Canada and to meet the initial settlement requirements for the applicant and accompanying dependants.

Is full-time employment experience a necessary requirement under the Skilled Worker Class?
At least one year of experience within the past 10 years in one of the occupations listed in either Skill Type 0 or Skill Level A or B of the National Occupational Classification (the “NOC”) is a necessary preliminary requisite to qualifying for permanent resident status.
To receive consideration for experience, the applicant must perform the actions described in the lead statement for the occupation as set out in the NOC and at least a substantial number of the main duties of the occupation including all of the essential duties. There is no obligation to meet the occupational employment requirements described in the NOC.
Applicants must specify in their application the four-digit code of the NOC that corresponds to each of the occupations engaged in by the applicant and that constitutes the skilled worker’s work experience.
A number of graduate students and post doctoral candidates may not possess so called "full time" employment experience within the traditional sense other than faculty related internships, teaching positions, etc. In many cases, such experience may prove sufficient.
The number of units of assessment awarded under the experience factor will depend upon reasoned presentations on the part of the applicant demonstrating that the applicant meets the requirements of NOC and would ultimately be left to the discretion of the interviewing visa officer.

 Is there a requirement for the applicant to obtain a government approved offer of employment in order to qualify for permanent residence under the Skilled Worker Class?
The Canadian Citizenship & Immigration authorities do not require applicants to secure an approved offer of employment as a condition of selection. In essence, current Canadian immigration policy provides that if an applicant meets the skilled worker selection criteria, he/she is likely to become successfully established in Canada. However, "arranged employment", (approved by Human Resources Development Canada) will provide a prospective applicant with an additional 15 units of assessment and in most cases, is an important aspect of the selection process.
The current selection rules therefore favour applicants with government approved job offers in Canada.

Must an individual reside in Canada in order to maintain permanent resident status?
Current legislation provides that permanent resident status is maintained if a person is physically resident in Canada for at least 730 days (2 years) within any period of 5 years, or if other circumstances are met.
If not physically present in Canada, permanent resident status can be maintained while abroad where the Canadian resident is abroad with a Canadian citizen spouse or parent; with a Canadian employer, or with a Canadian permanent resident who works for a Canadian employer.
It is sufficient for a permanent resident to demonstrate at examination, if they have been a permanent resident for less than five years, that they can potentially meet the 730-day residency obligation in respect of the five-year period immediately after their arrival in Canada. An officer is not permitted to exclude the possibility that an applicant who has resided abroad for three years, may still be able to comply with the residency obligation during the remaining two years of the five-year period.
Canadian residency rules are among the most flexible. In effect one who is recently admitted as a permanent resident can theoretically leave Canada for up to three years after activating their resident visa to pursue their existing obligations while preserving Canadian permanent residence throughout this initial period.

What if a prospective applicant is destined to the Province of Quebec?
Pursuant to the provisions of the Quebec/Canada Accord, the Immigration and Refugee Protection Act and the Quebec Act Respecting the Selection of Foreign Nationals, the Quebec Government is currently the only provincial government in Canada to have concluded a comprehensive agreement for the purpose of facilitating the formulation, coordination and implementation of immigration policies and programs with respect to the admission of foreign nationals to the province.
However, the Canadian Citizenship & Immigration authorities maintain exclusive jurisdiction in the areas of visa issuance, and medical and criminal inadmissibility.
Applicants, who are intent on settling in Quebec after acquiring Canadian permanent residence, are encouraged to file their applications for a Quebec Certificate of Selection with the appropriate Quebec Delegation outside Canada. Once this undertaking is completed and approved, the appropriate Canadian visa office would review the appropriate applications for Canadian permanent residence.
Applicants destined to Quebec or who attempt landing in Quebec without prior approval from the Quebec authorities will likely experience difficulties at a Port Of Entry. This is a sensitive issue and must be addressed by experienced counsel.

What if a prospective applicant is destined to a Province that administers a provincial nominee immigration program?
A number of provinces have concluded agreements with the Canadian government under the Provincial Nominee program, which provide for the selection of a very limited number of foreign nationals destined to one of those provinces each year. Most provincial programs require employer sponsorship to support a nomination. Owing to the general requirement of employer sponsorship as well as the high volume of applications that are currently awaiting processing under most provincial program outside Quebec, applicants applying under a Provincial Nominee program are strongly encouraged to secure approved job offers, regardless of the point total received following a self-assessment, in order to increase their chances for approval under a provincial nominee program.

Who Qualifies for Canadian Permanent Residence?

Skilled Worker Class
Skilled Workers are persons with suitable education, work experience, age and language abilities under one of Canada’s official languages and who are selected as permanent residents under six selection factors which demonstrate their likelihood to become economically settled in Canada.
The Federal skilled worker class is point based. Applicants are assessed under 6 factors and numerous sub factors of assessment providing for 100 points. Individuals with at least one year of continuous full-time employment experience, or the equivalent in part-time employment in one or more “open” occupations, within the 10 years preceding the date of their application and who possess the required settlement funding, may qualify for assessment.
To qualify for admission to Canada as a skilled worker, applicants must meet the following conditions:

Applicants who meet one of the above eliminatory conditions will be eligible for continued processing as a skilled worker and must also meet each of the following essential selection conditions:

Successful applicants must receive a minimum of 67 points with at least one year of experience within the past 10 years in one of the occupations listed in either Skill Type 0 or Skill Level A or B of the National Occupational Classification (NOC). The Regulations enumerates the factors and allocates the maximum number of units as follows:

Who can apply?
Any person with the required skills and experience may qualify as an independent applicant. Your skills must be readily transferable to the Canadian labor market.

How does a qualified person apply to live and work in Canada?
The first step to take is to deicde if you intend to relocate to Canada temporarily or on a permanent basis. This will determine which visa class or classes apply to you. Applicants for Permanent Residence can apply under the following Categories: