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Permanent Status in Canada
 
 
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Permanent Status in Canada

Skill Immigrant/ Independent Category

Currently, applicants in this category must have a minimum of one year of work experience in an occupation, which appears on Canada's General Occupations List, and are then chosen by Citizenship and Immigration Canada officials on the basis of a point system whereby points are allocated to a number of different selection criteria including: age, education, language ability, occupation, occupational demand and years of experience, family in Canada and personal suitability.

Given the fact that Canada's General Occupations List is always subject to change, applicants, who might currently qualify for Immigration to Canada in this category, might not qualify at a later date if their Applications are not locked in under the current system and the List changes.

Family Class

Canadian Citizens or Canadian Permanent Residents who reside in Canada are currently eligible to sponsor for admission to Canada the following persons:

  • their spouse or fiancée 
  • their mother and father and any accompanying dependent children as defined in th e Immigration Regulations
  • their dependent children as defined in the Immigration Regulations
  • a child they intend to adopt under the age of 19 years
  • an orphaned sibling, nephew or niece under the age of 19 years and unmarried. 

The filing of an Undertaking of Assistance and Financial Evaluation Form are the first steps in the sponsorship process. The person being sponsored must also file an Application for Permanent Residence with a visa post abroad once the sponsorship application is approved and meet other statutory requirements.

Business Immigration

Canada's Business Immigration Program seeks to promote economic development and employment by attracting people with venture capital, business acumen and entrepreneurial skills.

The Business Immigration Program currently falls under three categories of immigrants:

  • Entrepreneurs 
  • Self-Employed 
  • Investors

Family Trust Category

Changes will be introduced, however, to improve the Business Immigration Program and to enhance the potential economic contribution of business immigrants to Canada.

Improved selection criteria will place greater emphasis on Entrepreneurs and Investors with a strong business background and the capacity to integrate into the Canadian business community.

Entrepreneurs

Currently, those wishing to come to Canada as Entrepreneurs must demonstrate their intention and ability to establish, purchase or invest in a business that will create or maintain employment for at least one Canadian citizen or permanent resident. Those applying under the Entrepreneur category will have conditions placed on their visas which require them to prove to Citizenship and Immigration Canada officials that:

  • they have invested in a business or established a business;
  • they are actively involved in the business; and
  • they have created at least one other job for a Canadian citizen or permanent resident of Canada.

Failure to satisfy these conditions within two years of arriving in Canada, can result in the removal of an Entrepreneur and his/her family from Canada.

Self-Employed

Those interested in applying in the Self-Employed category must demonstrate an intent and an ability to create employment for themselves. Their endeavours must constitute a significant contribution to the Canadian economy or to Canada's cultural and artistic life.

Investors

An Investor is defined as a person who has successfully operated or controlled or directed a business or commercial undertaking, and who has accumulated through his or her own endeavours at least $800,000 in Canadian funds of which a minimum $400,000 CAD is to be invested in an approved investment fund. Certain approved investment funds require an investment of $400,000 CAD.

There are no conditions attached to the granting of immigrant status; however, once a visa officer accepts an applicant, the investment becomes irrevocable and cannot be withdrawn for a period of five years. These funds are risk capital funds and investors should obtain both independent financial and legal advice before investing in any fund.


 
Temporary Status in Canada
 
The Immigration Act and Regulations not only cover persons who wish to live in Canada permanently, but also those who wish to study and/or work temporarily in Canada and persons who wish to visit.

Employment Authorizations

Foreign workers whose skills is in short supply, or who can provide significant economic or other benefits, are issued Employment Authorizations and admitted on a temporary basis. In many instances, a job validation from a Human Resources Development Canada Centre is required before the applicant can submit his/her Application for Temporary Entry to Canada (Employment Authorization) to a Canadian visa post abroad.

Student Authorizations

Most international students are required to have authorizations to receive academic, professional or vocational training in Canada. Community college and university students may be issued authorizations, which are valid for the duration of their program of study.

Customary prerequisites are that the student has already enrolled in a government-approved academic institution has paid his/her fees and been accepted by the academic institution before the student can submit his/her Application for Temporary Entry to Canada (Student Authorization) to a Canadian visa post abroad.

Visitors

The Immigration Act requires all visitors, except those exempt by regulation, to obtain a visitor visa before coming to Canada. Applicants must demonstrate to visa officials that they have significant family, social, economic and cultural ties to their country of origin and that they have sufficient means to support themselves during their visit to Canada. Applicants must also satisfy visa officials that there is no risk that they will overextend their visit to Canada.

Adjudication Matters 

I assist visitors and permanent residents who are alleged to have contravened the Immigration Act or Regulation. I will provide you with expert advice and 
represent you at your Immigration Inquiry. Visitors and permanent residents may 
face removal from Canada for various reasons. You should know your rights and 
how to protect them. 

Additional Services

In addition to our focus on Immigration, Personal Injury, Real Estate, & Criminal Matters, Sikder Professional Corporation also provides services in Family Matters, Wills & Power of Attorney, & Corporate/Commercial. Set out below is a sample of the various inland and overseas Canadian Immigration services that Sikder Professional Corporation offers to its clients both in Canada and abroad:

  • Independent and Business Applications
  • Visitor and Student Visa Applications and Extensions Family Business Applications
  • Returning Residents Permit Applications
  • Sponsorship Applications
  • NAFTA Applications
  • Humanitarian and Compassionate Applications
  • Post Determination Review Submissions
  • Refugee, Inquiry and Detention Hearings
  • Live-in Caregiver Program Applications
  • Canadian Citizenship Applications