Frequently
asked Questions
Answers to Frequently
Asked Questions
Q: What is a Canadian permanent resident visa?
A Canadian permanent resident visa permits the holder to reside and earn a livelihood anywhere within Canada. Certain privileges and obligations as a Canadian are conferred with such status.
Individuals who are able to obtain a sufficient number of points according to selection criteria established by the Canadian government. Points are awarded for factors such as education, age, experience, occupational demand in Canada and language abilities. Individuals possessing a first-level university degree (or currently in a graduate program) with at least one year of related experience would likely be good candidates. Scientists, engineers, systems analysts/programmers, and accountants are but some of the occupations which afford high points. You may wish to refer to a detailed summary of the current Selection Criteria for additional details on such, or the current General Occupations List for a listing of the available occupations for a Federal Application.
In addition to the skilled worker category, there are also the and family classes in which applicants may qualify for immigration.
Q. I heard that the Regulations will be changing. When will that be?
These Regulations were implemented on May 1, 1997. If your application was submitted prior to this date, you will not be negatively affected by these changes.
Q. Are there special procedures for any of Canada's different provinces?
Yes, the province of Quebec has the right to select its own candidates for immigration, and as such has its own Selection Criteria. This means that anyone with an intended destination within Quebec must satisfy these Selection Criteria. The list of open occupations for Quebec is considerably shorter than that of the list for a Federal Application.
Q. Is it more difficult to qualify under these Quebec criteria?
Not necessarily. Neither set of criteria is more difficult; they are very different, however.
Q. Will the fact that I am concurrently applying for a non-immigrant visa affect either application?
According to the Canadian Immigration SELECTION AND CONTROL manual which immigration officers are legally bound to adhere to, an individual who has applied for Canadian permanent residence (PR) is subject to the same requirements as others when seeking entry into Canada as a visitor. The individual should therefore possess reasonable purposes for entry and should understand that he or she must leave Canada in order to receive the immigrant visa. The implications for this vary with an individual's place of residence. For countries where residents enjoy relatively easy flow across Canadian borders, PR applicants may utilize the ease of entry in order to better acquaint themselves with their intended destination. Those residing in regions that do not enjoy this benefit will not necessarily suffer in their PR application, however.
A non-immigrant application may be more closely scrutinized in the presence of a concurrent immigration application, as there is an apparent tendency to immigrate. If the ties of the applicant to his/her home can be demonstrated, however, such an application may succeed. The presence of a non-immigrant application should have no effect on an immigration application.
Q. Are family members included in the application?
The spouse and any dependent children (i.e., under the age of 19; or in excess of that age, not having interrupted their schooling for over 12 months) are included in the application of the principal applicant. When there exist humanitarian and compassionate grounds an elderly parent may be included as an accompanying dependent. Otherwise parents may be sponsored after the applicant has become a permanent resident.
Q. How long will I have to land in Canada following the issuance of my Visa?
You will have a period of one year following the initial conclusion of your medical examination in order to land. If delays cause the validity of your medical documents to expire, additional examinations may be required.
Q. Must I land at or near the location I indicated as my intended destination?
No, that is not necessarily required.
Q. When must my dependents land?
They must land at the same time, or following the principal applicant, within the validity of the landing documents.
Q. Can I have the expiration of my landing documents extended?
Applicants must generally land within the time indicated on the landing documents. Failure to do so may mean that the applicant forfeits any status that may have been tentatively conferred.
Q. I indicated my intended destination as outside/inside Quebec. May I land inside/outside Quebec?
A change in intended destination prior to landing may be a material change to your application, which is sufficient to warrant the revision of the application by the visa office. As a general rule, this would typically only be the case if the individual, prior to landing, makes such a change in intention so as to wish to reside in Quebec although having applied with an intended destination outside of Quebec, or vice-versa.
Q. What should I take with me when I land?
Applicants must take along a valid passport and the landing documents. Proof of settlements funds may also be requested at the time of landing. Applicants may also benefit by taking copies of any available statutory documents (i.e., birth certificates, marriage certificates, etc.), as well as an inventory of the items they wish to take to Canada.
Q. Must I stay in Canada following landing?
There are certain requirements concerning a permanent resident's physical presence in Canada that should be considered.
Q. When can Canadian citizenship be obtained?
Canadian citizenship is voluntary and may be applied for after 3 years of physical residence in Canada. Time spent outside of Canada beyond what may be expected for normal reasons (i.e., vacations, etc.) may not be counted towards such.
At the present time Canada recognizes the concept of multi-citizenships.
Q. Will my status in Canada mean that I can enter/work in the USA?
Unless otherwise exempted, permanent residents of Canada must obtain proper authorization to enter or work in the USA. Citizens of Canada are not required to obtain visas to enter the USA, and may be eligible to be employed in the USA under the provisions of the NAFTA Agreement.
Canadian permanent residents with citizenship of the following countries do not need passport visas to enter the USA:
Antigua, Australia, Bahamas, Bangladesh, Barbados, Belize, Bermuda (British subjects), Botswana, Brunei, Cyprus, Dominica, Fiji, Gambia, Ghana, Grenada, Guyana, India, Ireland, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, St. Kitts and Nevis, St. Lucia, St. Vincent, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa*, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, UK (including its colonies, territories, and dependencies, such as Hong Kong or Bermuda), Vanuatu, Western Samoa, Zambia, Zimbabwe
Q. What is the job-market like in Canada?
Skilled individuals, especially in sectors of high technology, the sciences, finance and engineering should be able to secure rewarding positions in Canada. For an overview, it is recommended to look through the "careers" section of any major Canadian newspaper. Additional employment Links on the Internet are also available at this Web Site.
Q. Is it necessary to use an attorney for immigration to Canada?
Canadian Immigration Regulations do not require individuals to make use of attorneys for the purposes of applications for permanent residence. The process is not difficult to understand for the average individual. At the same time, however, the immigration process is far from simple, and cannot be considered straightforward by any measure.
An experienced attorney is intimately familiar with the intricacies of Canadian immigration laws. In addition, the length of time during which an attorney has practiced directly translates into very valuable experience with the immigration system, which cannot be replaced by any amount of study.
Not all individuals or firms claiming to represent applicants in the Canadian immigration process are attorneys, however. There may be risks to using such consultants in certain cases.
Q. How long does the immigration process take?
From 6 months to 24 months depending upon which Canadian immigration processing post is selected to process the file. An application may be submitted to any processing post outside of Canada. Strategic selection of the processing post will make for shorter delays. Historical information regarding such performance at each of the overseas posts is available for each category at this Web Site.
Q. Is there a selection interview with an immigration officer?
The principal applicant is required to attend a selection interview as a general rule. However, some immigration processing posts will waive the necessity of a selection interview in certain circumstances. Furthermore, some processing posts require that all accompanying dependents over the age of 19 attend the selection interview, while other posts do not.
Q. Will I take a medical examination?
You and your accompanying dependents will be required to take a medical examination. The specific timing and procedure of the medical examination varies from office to office.
Q. I have a certain disease/disorder. Will I fail because of that?
Medical inadmissibility is governed on a case-by-case basis, taking an applicant's full medical history into account. As such, it is not generally possible to determine if a specific disorder will be grounds for inadmissibility. The typical factors that are considered are the possible health risks of a specific disease/disorder to Canadians, or the possibility of undue burden to the health care system resulting from such.
Q. My wife is pregnant. Will she have to take the medical?
Medical examinations are generally delayed until pregnant applicants have delivered a child. At such time, a dependent child will also undergo medical examination.
Q. My spouse is not with me. Can he/she take the exam in another country?
Yes, medical examinations can generally be taken at any of numerous locations around the world. This may involve a Private Medical Center in the USA, or a Designated Medical Practitioner elsewhere.
Q. Will my non-accompanying dependents be required to complete medical examinations?
Yes.
If these medical examinations are still considered valid, and an M1 or M2 rating was obtained (indicating the assessment of the medical condition of the applicant), additional medical examinations may not be requested.
Q. Do I submit a police clearance?
The principal applicant and all accompanying dependents over the age of 18 must submit a police clearance for any country within which they have resided within 10 years, while over the age of 18, prior to the submission of an application.
Q. When must I submit this clearance?
That depends on the location to which the application is being submitted. Clearances may generally be submitted later in the application, with the exception of most posts engaged in the one-step application procedure.
Q. I will have a great deal of difficulty getting a clearance from a certain country. Can I omit it?
Various posts may be willing to waive the requirement for such clearances if a clear obstacle to obtaining it can be demonstrated. In general, however, applicants should assume that clearances must be obtained.
Background clearances are done in certain cases, and are in addition to any security clearances, which may have been obtained. They are conducted in order to eliminate the possibility of an applicant being a security threat, although not having had a criminal record. To The background clearance does not involve the active participation of the applicant. Very little can be done to expedite such clearances, in general.
Q. Are there Canadian government filing fees?
Yes, a non-refundable fee must be included with the application. The amount is CAD$500 (CAD$1000) for the principal applicant plus CAD$500 for each accompanying dependent over the age of 19 and CAD$100 for each accompanying dependent under the age of 19. In addition there has recently been implemented a Right Of Landing Fee, which is CAD$975 per adult applying. This fee is, however, refundable in the event that an individual is not able to land in Canada; by choice or because of inadmissibility.
Although many visa offices worldwide accept the local currency of the country in which they are located, fluctuating exchange rates dictate that the amount should be verified prior to submission of an application.
Q. Which documents must be submitted?
Proof must be furnished of the applicant's education and experience. It is recommended that applicants also prepare and submit detailed curriculum vitae. Furthermore, one will need to provide birth and marriage (when applicable) certificates and a certificate of non-criminal activity from each jurisdiction in which the applicant has resided during the last 10 years.
Each processing post has different requirements concerning the submission of documents. It is advised that these requirements be adhered to, as in come cases, failure to do so may mean that the application can be returned to you unprocessed. An example of a situation in which this may happen is the one step application process.
Various processing offices have varying requirements concerning the submission of documentation. Many offices either request or accept supporting documentation at the time of submission of an application, while others do not. Applications submitted to offices engaged in the one-step application procedure must contain complete documentation, as per the specifications of the office.
Q. Can I transfer the application to a different office later on in the process?
Yes, the application can be transferred to a different post if necessary. You should address the request to the overseas post processing your application in writing, being sure to clearly indicate the other post, and its address, to which you wish to have the application transferred. A fee of CAD$100 payable to "The Receiver General for Canada" should be enclosed therewith.
Q. Are there financial requirements?
Yes. Funds sufficient to settle in Canada must be demonstrated before the issuance of the visa. The amount required varies according to the size of the immigrating family and ranges from CAD$7,000 for a single individual to approximately CAD$20,000 for a large family destined to a major Canadian city.
Q. Is there any benefit to having relatives in Canada?
A close relative who is a Canadian citizen or permanent resident living in Canada gives the applicant additional points.
Q. What is meant by "related work" experience?
A minimum requirement for qualifying is that the applicant has at least one year (6 months for Quebec) of work experience related to his/her intended occupation in Canada. In certain instances graduate and post-graduate students may rely upon their faculty related research etc. to satisfy this requirement. However, there is discrepancy in the recognition of such experience from one immigration processing post to another.
Q. Must the experience have been on a full-time basis?
The Regulations make no such requirement. As such it is reasonable to assume that 1 or more part-time (and/or non-consecutive) positions over an extended period could satisfy the necessity of having obtained at least 1 year of experience. As a guideline we would suggest that the acc emulation of 1750 hours of work in a related occupation, over a period of time equal to or greater than 1 year, would suffice to meet the minimum threshold.
This issue is referred to as "transferability" of experience and is dealt with in some detail in the Canadian Government Immigration Manuals at Volume I, Section 4.30. In an effort to achieve the maximum number of points or alternatively to be evaluated in an occupation which appears upon the "open list" of occupations, an applicant may indicate an intended occupation other than that in which he/she is primarily qualified or has been predominately employed. Transferability of experience will have to be considered in situations such as the following:
In any situation where transferability of experience is at issue, the applicant will first have to satisfy the visa officer that his/her experience qualifies him/her for the intended occupation. To do this effectively it would be helpful if the applicant ant could refer to and rely upon the Canadian Classification and Dictionary of Occupations (CCDO), which list the essential elements of each occupation on the open list. However, gaining access to the CCDO may be difficult for the individual applicant be cause it's use in Canada in non-immigration matters has been phased out and as a result the CCDO is no longer in print. In any event, let us assume that the applicant can establish that his/her employment history included the performance of at least some of the important elements of the intended occupation. In such cases, that percentage of the relevant employment background will be credited under the experience factor. The percentage must cumulatively add up to at least 1 year.
Q. Is credit given for experience gained in conjunction with post-secondary studies?
The answer is not simply yes or no and there is a lack of consistency in the treatment of this type of experience among the different visa officers. Teaching experience is of little use because "teachers" are not on the open list. Research experience may be credited if, in conducting it, the applicant has performed some or most of the essential elements of the intended occupation.
Q. Is a Canadian employment offer a requirement?
No, it is not. Having such arranged employment may be beneficial in some cases, however.
Q. Can I apply if I do not have the minimum experience (as yet)?
If you do not have a minimum of one year (6 months for Quebec) of experience in an open occupation, you must obtain arranged employment, or be able and willing to work in a designated occupation in Canada.
If you are just short of the minimum requirement for experience, and will have completed such by the time of the completion of paper screening or the time of a selection interview, then you may be able to submit the application, anyhow. Various processing posts have differing policies regarding this, however, and it is advised that confirmation be received prior to submitting an application under these circumstances.
Returning Resident Permits
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Questions and Answers
Q: Will I automatically lose my PR status after an absence of longer than 183 days? Immigration law does not actually state that a permanent resident must remain in Canada for 183 days out of any 12 months period to retain status. A PR who remains outside Canada for this duration or longer bears the burden of proof in demonstrating that Canada was not abandoned as the place of permanent residence. The critical issue is intention, and not the actual duration of the absence. The 183 days rule simply shifts the burden of proof from the immigration officials to the permanent resident.
Q: Can I be a permanent resident of two countries simultaneously? International law precludes the possibility of possessing permanent resident status in more than one country at a time. In the event of dispute, the location of the individual's centralized mode of living may be used as an indicator of actual permanent residence.
Q: What must I demonstrate in order to obtain the RRP? The establishment of residence in Canada is the most important factor in the determination of eligibility for the RRP, although the immigration officer is given a certain amount of latitude and discretion in interpreting such. Although there are numerous indices of such a demonstration, which may be suggested (i.e., the establishment of bank accounts, applying for Social Security numbers, applying for Medicare numbers, etc.), the most important factor may be the demonstration of a residence in Canada. Temporary residences, such as those of relatives or friends, may not necessarily be accepted for such a purpose. Based on the above, it is considered that individuals who are unable to remain in Canada for any lengthy period after landing are less likely to be eligible for the RRP than those who have been able to demonstrate the establishment of significant ties to Canada following the time of landing. Q: Will the time I spend outside Canada holding a RRP count towards my citizenship application? There is no simple "Yes" or "No" answer to this question. The applicability of time spent outside Canada towards an application for citizenship is subject to the discretion of the judge presiding over such a case. Therefore, the nature of the absence would be influential in such a decision. |
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