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IMMIGRATION TO CANADA
IMMIGRATION CATEGORIES
FAMILY CLASS SPONSORSHIP
Canadian citizens and permanent residents aged 19 and over, living in Canada and meets the applicable financial criteria, may sponsor the applications of certain relatives who wish to immigrate to Canada. This is known as Family Class Sponsorship. Family class is for persons who have certain relatives in Canada who will sponsor them. Sponsors must be a Canadian citizen or permanent residents. The following family members can be sponsored if their sponsor is their spouse, common law partner, dependant child, parent or grandparent; their orphaned brother, sister, niece, nephew or grandchild (under 22) who is orphaned and any relative if the Canadian sponsor doesn't have any other close relative who is in Canada or who can be sponsored to come to Canada. The most common type of family class application is for those persons who are married or engaged to a Canadian citizen or permanent resident.
If you are being sponsored as a member of the family class, your spouse or common-law partner must be included in your application as a family member. You must also include all your dependent children from your current and previous relationships, whether they will be accompanying family members or not.
You and all your dependants who are not already Canadian citizens or permanent residents must undergo and pass a medical examination, whether they will be going with you to Canada or not. If you are divorced or separated, your child is still your dependant so long as you have sole or joint custody of the child, even if the child normally resides with the other parent. To be admissible to Canada, you and your dependants must not have a condition that is a danger to public health or safety or would cause excessive demand on health or social services in Canada. .
Which relatives are eligible as family class?
  • Wife / husband
  • Common law partner
  • Dependent son or daughter
  • Parents, grandparents
  • Brothers / sisters, nephews / nieces and grandchildren who are orphans, unmarried and under 19
  • Children under 19 you plan to adopt
What proof of relationship can you provide?
  • Original birth and marriage certificates
  • Legal official records
  • Family personal records and photographs if nothing else is available
What must a sponsor promise to do?
The sponsor agrees to give shelter and care to the sponsored relatives and provide other living expenses as necessary for a period of three years. This means that the newcomer should not need financial help from the government.
SKILLED WORKERS
The Federal Skilled Workers class is the single largest category. Applicants are given points for age, education, occupation, work experience, English or French ability, and close relatives in Canada. The objective is to achieve the pass-mark. Applicants with the most likely chance of success must be working in an occupation that appears on the Canadian Occupations List of "in demand" trades and professions. All applicants must have minimum 12 months of post-graduation work experience. Most applicants succeed under this class without the need for a job-offer at the time of applying. Under this class it is essential to ensure that your case is accurately prepared and presented in the format required by the immigration authorities. A poorly presented and incomplete case will expose you to the risk of an interview and possibly refusal. The Act and Regulations
The Immigration and Refugee Protection Act (IRPA), passed November 1, 2001, and its accompanying Regulations, replace the Immigration Act of 1976, known as the former Act., and the April 1,1997, Regulations. The new legislation takes effect on June 28, 2002.
Who must apply for a visa?
The rule requires every foreign national to apply for and obtain a visa before they appear at a port of entry. The rule requires foreign nationals who wish to become permanent residents of Canada to obtain a permanent resident visa.
Who is a permanent resident?
A permanent resident is defined as someone who has acquired permanent resident status and who has not subsequently lost that status. The Immigration and Refugee Protection Act lists several objectives with respect to foreign nationals. Among those related to the skilled worker program are:
  • To permit Canada to pursue the maximum social, cultural and economic benefits of immigration;
  • To support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions of Canada;
Minimum requirements of a skilled worker
The applicant must have at least one year of full-time, paid work experience that is in the category of Skill Type 0, or Skill Level A or B, according to the Canadian National Occupational Classification (NOC); occurred within 10 years preceding the date of application; is not in an occupation that is considered a restricted occupation. Performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the NOC performed substantial number of the main duties, including all of the essential duties, of the occupation as set out in the occupational description of the NOC. The applicant clearly demonstrates that they have sufficient available funds to meet the requirements
Selection criteria
The following six factors are considered by the federal government for selection as per the new legislation that took effect on June 28, 2002:

FACTOR MAXIMUM POINTS
EDUCATION - SKILLS 25
ENGLISH LANGUAGE ABILITY FRENCH LANGUAGE ABILITY 24
SPECIFIC WORK EXPERIENCE 21
AGE 10
ARRANGED EMPLOYMENT IN CANADA 10
ADAPTABILITY 10
TOTAL 100
BUSINESS IMMIGRATION
The Business Immigration Program are divided into three sub-categories:
  • Entrepreneurs must own and manage a business in Canada that creates employment for Canadian citizens or permanent residents.
  • Self-employed persons must employ themselves and make significant contributions to cultural activities, athletics or farming
  • Investors must make a CDN $400,000 investment that is used by the provinces for economic development and job creation.
The Business Immigration Program seeks to promote economic development and employment by attracting people with venture capital, business expertise and Entrepreneurial skills and also support provincial and territorial economic objectives.
The federal, provincial and territorial governments encourage prospective business immigrants to invest in Canada. Over the years, thousands of foreign business people have found Canada to be an excellent place to invest capital and to apply their particular business know-how to Canadian ventures.
Canadian business people have also benefited from the Business Immigration Program. In a wide variety of situations, they have been put in touch with immigrants who can contribute expertise to a Canadian venture or who have capital to invest.
ENTREPRENEUR
Entrepreneur means an immigrant:
  • Who intends and has the ability to establish, purchase or make a substantial investment in a business or commercial venture in Canada that will make a significant contribution to the economy and whereby employment opportunities will be created or continued in Canada for one or more Canadian citizens or permanent residents, other than the entrepreneur and his dependants, and
  • Who intends and has the ability to provide active and on-going participation in the management of the business or commercial venture;
Under the entrepreneur class, there is no minimum capital requirement, but applicants must satisfy a points test and possess sufficient funds and past management experience to establish or purchase the proposed business in Canada. Applicants must also have a minimum level of English ability. Past management experience (and not necessarily self-employment) is sufficient to meet the criteria of this class. Often the key to success is the quality of your business plan, which can be based on either a new start-up business in Canada or the purchase and re-development of an existing business in Canada. Your proposed business must be viable and well researched, and be able to support yourself, your family and create employment for Canadians. The process involves a probationary period of three years in Canada, during which time you must establish your business. Permanent Residence is issued once your business is trading and satisfies minimum employee requirement.

An Entrepreneur must satisfy the following basic requirements:
  • The net assets of the applicant should at least be a minimum of $300,000
  • The applicant must have business experience. They must have managed a qualifying business and controlled a percentage of equity of a qualifying business
  • The applicant must have a business plan, showing the type of business in which they would like to invest, location of investment, amount of investment and the number of Canadians employed.
Business Plan
A business plan is a business document containing all applicable information about the undertaking and its promoters. It provides complete information about the business proposal and the various steps on how to start your business.

Your business plan must contain and must address the following areas:
  • Introduction or Executive summary providing an overview of your intentions and why you are confident of success.
  • Products and services offered as well as the purpose, nature and characteristics of the business
  • You must attach a detailed resume (CV) about your qualifications and work experience
  • A business profile giving administrative information including legal name and address
  • Classification of your clients, suppliers, distribution methods, competition, turnover etc.
  • A marketing plan which includes all the different methods and ways of advertising and promotion of your goods and services, pricing strategies, after sales service of the products, warranty policies etc.
  • Identification of the number of full and part time employees you will need to run your business and their duties and responsibilities.
  • A financial resource plan which includes opening statement, preliminary statement of results, working capital, analysis of break-even point and cash budget.
  • Legal documents, supporting information, explanations, photographs etc.
General business experience or management experience may be a good measure of the applicant's intent and ability to do business. Some types of non-business experience may also be readily transferable to a business setting. This may include financial or personnel experience, experience as a professional, or specific experience in the field of the intended business. The stronger the applicant's experience, the more it will enhance the application.
SELF-EMPLOYED
The self-employed class is suitable for self-employed businesspersons who do not intend to employ other persons in their business. Under this class, there is no minimum capital or past ownership requirements, but applicants must satisfy a points test and minimum English language requirement. Applicants must prepare a viable, well-researched business proposal and possesses sufficient funds and experience to establish or purchase proposed business in Canada.
"Self-employed person" means an immigrant who intends and has the ability to establish or purchase a business in Canada that will create an employment opportunity for himself and will make a significant contribution to the economy or the cultural or artistic life of Canada.

REQUIREMENTS FOR SELF-EMPLOYED CLASS
In order to be approved as a self-employed person, the applicant must first meet the Regulatory definition, and then comply with the selection criteria for that category of immigrant.
The following aspects of the regulatory definition should be factored into your assessment of an immigrant:
  • Who intends and has the ability to establish or purchase a business in Canada
  • Create an employment opportunity for himself
  • Make a significant contribution to the economy or the cultural or artistic life of Canada.
The applicant must have sufficient funds to create an employment opportunity for himself and maintain himself and his dependants. He must show you that he has been able to support himself and family through his talents and would be likely to continue to do so in Canada. This includes the ability to be self-supporting until his employment opportunity has been created. The applicant must plan to make a significant contribution in the cultural or artistic field. The category is designed to attract such persons as artists, performers or sports personalities.

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:
  • Self-employment in cultural activities or athletics;
  • Participation at a world-class level in cultural activities or athletics; or
  • Farm management experience.
INVESTOR PROGRAM
The Immigrant Investor Program was started in 1986 by the Government of Canada to give an opportunity for business people to immigrate to Canada. This program enables potential investors to obtain permanent residence in Canada leading to the Canadian Citizenship.
Canada is a vast country with huge opportunities and development potentials. It is a favorite destination for many investors to start a new business in this friendly environment renowned for its political and economic stability.
The Immigrant Investor Program offers a chance to take part in Canada's dynamic economy and flourishing society. Your investment is guaranteed by the government and will be repaid in full, without interest at the end of that period.
Under this program you and your family will be entitled to:
  • Permanent Residence status upon entering Canada.
  • Live, study and work in Canada.
  • Enter and leave Canada freely.
  • Apply for Canadian citizenship.
REQUIREMENTS FOR INVESTORS
To be eligible for immigration as an investor, an applicant must:
  • 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 job equivalents per year in a business for at least two years in the period beginning five years before the date of application.
  • Have a legally obtained net worth of at least CDN $800,000.
  • Make an investment of CDN $400,000, payable to the Receiver General for Canada. This investment is subsequently allocated to participating provinces and territories in Canada, which use the funds for job creation and economic development. 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.
The investment is subsequently allocated to participating provinces and territories in Canada. These governments use the funds for job creation and economic development. The full amount of the investment (without interest) is repaid to the investor after five years. The exact date of repayment depends on when the $400,000 is received by Citizenship and Immigration Canada. At the latest, the amount would be returned five years and 3 months after the date of payment. The return of the investment is fully guaranteed by participating provinces and territories.

Features of the Investor Program
  • Investors are not required to start a business in Canada;
  • Investments are fully guaranteed by provinces and territories that participate in the program;
  • The provinces and territories control the investment during the five year lock-in period
  • Your investment is government guaranteed and will be repaid in full, without interest at the end of the time-period.
REFUGEES
Convention Refugees
 Over the past fifty years, the people and government of Canada have excelled in providing humanitarian assistance to people fleeing persecution in their homeland or displaced by conflicts. Since World War II, Canada has resettled thousands Convention refugees and persons in "refugee-like" situations.
Canada has chosen to protect persons for humanitarian reasons, to meet its international responsibilities, and to respond to international crises. In 1969, Canada signed both the 1951 Geneva Convention relating to the Status of Refugees and the 1967 Protocol.
The objective of Canada's Refugee and Humanitarian Resettlement Program is to uphold its humanitarian tradition in the resettlement of Convention refugees and persons in "refugee-like" situations.

The Resettlement program has three basic aims:
  • Protection;
  • Meeting international responsibilities; and
  • Provision of a durable solution.
Refugee Class
In order to be eligible for resettlement from abroad as a refugee, you must be a member of one of the following classes:
  • Convention Refugees Abroad, or
  • Country of Asylum Class, or
  • Source Country Class.
Convention Refugees Abroad Class

To qualify as a refugee under this class, you must:
  • Have a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
  • Be outside your country of nationality and unable or, by reason of that fear, unwilling to obtain the protection of your country,
  • If you have no country of nationality, be outside your country of former habitual residence (home country) and unable or, by reason of that fear, unwilling to return to that country.