Permanent Residence Application Process (18:V): Difference between revisions

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== A. Economic Class Applicants ==
== A. Economic Class Applicants ==


'''NOTE:''' As of January 1, 2015, CIC implemented an online screening and selection process for persons who wish to be considered for permanent  resident status in Canada under the Economic Classes of Federal Skilled Worker, Canadian Experience Class, and Federal Skilled Trades Class. This process is called [http://www.cic.gc.ca/english/immigrate/express/express-entry.asp Express Entry (“EE”)].
'''NOTE:'''  
*As of January 1, 2015, CIC implemented an online screening and selection process for persons who wish to be considered for permanent  resident status in Canada under the Economic Classes of Federal Skilled Worker, Canadian Experience Class, and Federal Skilled Trades Class. This process is called [http://www.cic.gc.ca/english/immigrate/express/express-entry.asp Express Entry (“EE”)].
 
*EE is a system whereby applicants create an online profile (there is no paper process for creating an EE profile) that assigns points according to “Human Capital Factors” and “Skill Transferability Factors” under a “Comprehensive Ranking System”. An applicant can obtain a maximum score  of 600 points based on these factors in combination, and an extra 600 points by obtaining a special EE-related Provincial Nomination (see  Provincial Nominee Programs) or an LMIA (see Workers). These factors and selection criteria were established through Ministerial Instructions,    and can be reviewed in detail on the [[http://www.cic.gc.ca/english/department/mi/express-entry.asp CIC website].
 
*Once the person has created an active EE profile, they may be selected for an Invitation to Apply (“ITA”) for permanent resident status under  one of the three aforementioned Classes of permanent residence. They will be issued an ITA if their profile score equals or exceeds the score  chosen by CIC at a particular selection pass. Consequently, potential immigrants do not know if they are able to apply for permanent resident status until they receive an ITA. 
 
*Upon receiving an ITA, the applicant has 60 days to submit the application for permanent resident status. The application is made entirely  online, without written forms, and requires scans of all relevant documents. The applicant will not know exactly what documents are required  until they actually receive the ITA, and the documents required may change according to other evidence provided as part of the application. The online submission is often referred to as the “e-APR”. 
 
*Once the e-APR is submitted, they will be contacted by CIC with instructions on where to send original documents that may be required (such as  original police clearances).
 
Foreign nationals who apply under one of the economic classes must prove that they will become financially established in Canada. This general  requirement is reflected through a series of criteria. There are three general sub-classes within the economic class: the skilled worker class, investor class and the self-employed class. Please note that there are Provincial Nominee Programs in operation throughout Canada, including  British Columbia. Under these programs, the province nominates an immigrant for Federal screening (see s 87 of the ''IRP Regulations''). Nomination by a province provides strong evidence of an applicant’s ability to become economically established in Canada as required by IRPA s 12(2). A detailed discussion of these programs is beyond the scope of this Manual.
 
=== 1. Federal Skilled Worker Class (Express Entry Required) ===
 
The Federal Skilled Worker Program (FSW) selects immigrants based on their ability to succeed economically in Canada. After meeting the threshold criteria set out in s 75 of the IRP Regulations, foreign nationals who apply under the skilled worker class are assessed on a point system designed to evaluate their ability to become successfully established in Canada. Applicants are given points on the following criteria: education, language, experience, age, adaptability, and arranged employment. The point structure is set out in the ''IRP Regulations'' in ss.78    to 83. For information on how points are allocated, refer to http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp.   
 
For complete information of the Federal Skilled Worker Program, please refer to: http://www.cic.gc.ca/english/immigrate/skilled/index.asp
 
=== 2. Investor Class ===
 
The Investor Program and the Federal Entrepreneur Program has been closed since July 1st2012. As  of  April  1st  2013,  CIC  opened  up  a  Start-Up  Visa  Program  under  the  Business Immigration  Program,  which  is  geared  at  attracting experienced  business  people  to  Canada who will support the development of a strong and prosperous Canadian economy. Clinicians are advised to check the CIC website for the latest information.  3.Self-Employed Persons Class This  category  is  designed  for  individuals  who  have  the  intention  and  ability  to  be  self-employed  in  Canada  in  cultural  activities,  athletics,  or in  managing  a  farm.  While  it  is  not explicitly  stated  on  the  CIC  website,  applicants  with  exceptional  skills,  such  as  Olympic athletes,  world-renowned  artists  and/or  musicians,  etc.  are far  more  likely  to  be  successful under  this  class.    It  is  not  necessary  that  the  applicant  actually  be  self-employed  before coming  to  Canada,  so  long  as  he  or  she  has  participated  for at  a  world-class  level  in  their field of endeavor.  However, persons not actually participating at a world-class level may still be successful if they can demonstrate they were self-employed in Category 5 of the Canadian National  Occupational  Classification  (NOC)  (occupations  in  art,  culture,  recreation,  and sport)  for  at  least  2  years  before  coming  to  Canada,  and  that  they  are  likely  to  become economically established in Canada.  Please  refer  to IRP  Regulations  Part  6  Division  2  (ss  100  and  101),  and  to  the  CIC  website (http://www.cic.gc.ca/english/immigrate/business/self-employed/apply-who.asp). 4.Provincial Nominee Programs All provinces, including British Columbia, have their own selection systems and criteria for new  immigrants.  Applicants  who  apply  under  these  classes  must  still  comply  with  the statutory requirements under the federal legislation (see s 87 of the IRP Regulations). Section 87(3)  permits  the  federal  immigration  officer  to  substitute  his/her  own  evaluation  of  the applicant’ s ability to become economically established in Canada for that of the nominating province. B.C.’ s Provincial Nominee Program has its own categories, which can be different from  the  federal  requirements.      For  more  information  about  BC’ s  programs  see: http://www.welcomebc.ca/pnp.  5.Canadian Experience Class (Express Entry Required) This class is designed to recognize the value of having experience in Canada, and the positive impact  this  experience  is  likely  to  have  on  a  newcomer’ s  prospects  of  success.  Applicants under this class must be able to demonstrate two things:1)At least one year of full time authorized skilled work experience in Canada. The type of employment must fall under type A, B, or O of the National Occupation Classification system (i.e. managerial, professional, or technical occupations).  “Full time” work in this context  means  30  or  more  hours  of  work  per  week,  and  can be  made  up  of  work  in more  than  one  skilled  job,  but  any  hours  beyond  30  during  that  week  are  surplus  and are not counted. 2)Depending  upon  the  dominant  type  of  skilled  work  they  are  claiming,  the  applicant must show a minimum proficiency in either English or French, through providing a test result report from the TEF, IELTS or CELPIP testing systems.

Revision as of 06:21, 28 June 2016



Immigrant applicants can be broken down into three general categories (these categories are extremely broad): (i.) Economic Class applicants, (ii.) Family Class applicants, and (iii.) humanitarian or refugee applicants. There are several subclasses or subcategories within each of these general headings. All applicants and their dependent family members are subject to medical, criminal, and security checks. These are referred to as “statutory requirements” in the legislation.

Amendments to the Act that came into force June 18th, 2008 give the Minister authority to establish an order of priority for incoming applications (s 87.3), and relieve CIC from the obligation to process all applications to a full decision (s 11). For example, priority processing amongst Family Class applications is given to spouses and dependent children; these are commenced immediately upon receipt. See the Operational Manuals for details.

A. Economic Class Applicants

NOTE:

  • As of January 1, 2015, CIC implemented an online screening and selection process for persons who wish to be considered for permanent resident status in Canada under the Economic Classes of Federal Skilled Worker, Canadian Experience Class, and Federal Skilled Trades Class. This process is called Express Entry (“EE”).
  • EE is a system whereby applicants create an online profile (there is no paper process for creating an EE profile) that assigns points according to “Human Capital Factors” and “Skill Transferability Factors” under a “Comprehensive Ranking System”. An applicant can obtain a maximum score of 600 points based on these factors in combination, and an extra 600 points by obtaining a special EE-related Provincial Nomination (see Provincial Nominee Programs) or an LMIA (see Workers). These factors and selection criteria were established through Ministerial Instructions, and can be reviewed in detail on the [CIC website.
  • Once the person has created an active EE profile, they may be selected for an Invitation to Apply (“ITA”) for permanent resident status under one of the three aforementioned Classes of permanent residence. They will be issued an ITA if their profile score equals or exceeds the score chosen by CIC at a particular selection pass. Consequently, potential immigrants do not know if they are able to apply for permanent resident status until they receive an ITA.
  • Upon receiving an ITA, the applicant has 60 days to submit the application for permanent resident status. The application is made entirely online, without written forms, and requires scans of all relevant documents. The applicant will not know exactly what documents are required until they actually receive the ITA, and the documents required may change according to other evidence provided as part of the application. The online submission is often referred to as the “e-APR”.
  • Once the e-APR is submitted, they will be contacted by CIC with instructions on where to send original documents that may be required (such as original police clearances).

Foreign nationals who apply under one of the economic classes must prove that they will become financially established in Canada. This general requirement is reflected through a series of criteria. There are three general sub-classes within the economic class: the skilled worker class, investor class and the self-employed class. Please note that there are Provincial Nominee Programs in operation throughout Canada, including British Columbia. Under these programs, the province nominates an immigrant for Federal screening (see s 87 of the IRP Regulations). Nomination by a province provides strong evidence of an applicant’s ability to become economically established in Canada as required by IRPA s 12(2). A detailed discussion of these programs is beyond the scope of this Manual.

1. Federal Skilled Worker Class (Express Entry Required)

The Federal Skilled Worker Program (FSW) selects immigrants based on their ability to succeed economically in Canada. After meeting the threshold criteria set out in s 75 of the IRP Regulations, foreign nationals who apply under the skilled worker class are assessed on a point system designed to evaluate their ability to become successfully established in Canada. Applicants are given points on the following criteria: education, language, experience, age, adaptability, and arranged employment. The point structure is set out in the IRP Regulations in ss.78 to 83. For information on how points are allocated, refer to http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp.

For complete information of the Federal Skilled Worker Program, please refer to: http://www.cic.gc.ca/english/immigrate/skilled/index.asp

2. Investor Class

The Investor Program and the Federal Entrepreneur Program has been closed since July 1st2012. As of April 1st 2013, CIC opened up a Start-Up Visa Program under the Business Immigration Program, which is geared at attracting experienced business people to Canada who will support the development of a strong and prosperous Canadian economy. Clinicians are advised to check the CIC website for the latest information. 3.Self-Employed Persons Class This category is designed for individuals who have the intention and ability to be self-employed in Canada in cultural activities, athletics, or in managing a farm. While it is not explicitly stated on the CIC website, applicants with exceptional skills, such as Olympic athletes, world-renowned artists and/or musicians, etc. are far more likely to be successful under this class. It is not necessary that the applicant actually be self-employed before coming to Canada, so long as he or she has participated for at a world-class level in their field of endeavor. However, persons not actually participating at a world-class level may still be successful if they can demonstrate they were self-employed in Category 5 of the Canadian National Occupational Classification (NOC) (occupations in art, culture, recreation, and sport) for at least 2 years before coming to Canada, and that they are likely to become economically established in Canada. Please refer to IRP Regulations Part 6 Division 2 (ss 100 and 101), and to the CIC website (http://www.cic.gc.ca/english/immigrate/business/self-employed/apply-who.asp). 4.Provincial Nominee Programs All provinces, including British Columbia, have their own selection systems and criteria for new immigrants. Applicants who apply under these classes must still comply with the statutory requirements under the federal legislation (see s 87 of the IRP Regulations). Section 87(3) permits the federal immigration officer to substitute his/her own evaluation of the applicant’ s ability to become economically established in Canada for that of the nominating province. B.C.’ s Provincial Nominee Program has its own categories, which can be different from the federal requirements. For more information about BC’ s programs see: http://www.welcomebc.ca/pnp. 5.Canadian Experience Class (Express Entry Required) This class is designed to recognize the value of having experience in Canada, and the positive impact this experience is likely to have on a newcomer’ s prospects of success. Applicants under this class must be able to demonstrate two things:1)At least one year of full time authorized skilled work experience in Canada. The type of employment must fall under type A, B, or O of the National Occupation Classification system (i.e. managerial, professional, or technical occupations). “Full time” work in this context means 30 or more hours of work per week, and can be made up of work in more than one skilled job, but any hours beyond 30 during that week are surplus and are not counted. 2)Depending upon the dominant type of skilled work they are claiming, the applicant must show a minimum proficiency in either English or French, through providing a test result report from the TEF, IELTS or CELPIP testing systems.