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

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:'''  

*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].  

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.

On 01 February 2017, the BC Provincial Immigration Programs Act and Regulations came into effect.  This legislation provides a framework for the operation of the BCPNP, including direction concerning what factors can serve as the basis for a nomination, how fees are set, provides investigatory powers to the Director of the PNP, and allows for an appeal process for refused nominations.  Clinicians assisting with PNP applications should familiarize themselves with the “interpretive guidelines” provided on the BCPNP site:  https://www.welcomebc.ca/Immigrate-to-B-C/B-C-Provincial-Nominee-Program/Documents.  Where a BCPNP applicant is refused their application for a nomination certificate, the ability to appeal the decision is provided within their BCPNP online profile, and so it is important for the applicant to log into their profile as soon as possible upon receiving a refusal.  They must pay a fee of $200, and provide submissions and evidence as part of the appeal process.  

* Relative of any age if the sponsor does not have an aunt, uncle, or family member from the list above who he or she could sponsor or who is already a Canadian citizen, registered Indian, or permanent resident.  This is known as the “lonely Canadian” provision.

A dependent child is defined as a child, both biological and adopted, of the sponsor or sponsor’s spouse who is below the age of 22.  Exceptions can be made for children who are above the age of 22 but are substantially dependent on their parent due to a mental or physical condition (IRPA s. 1).

'''NOTE:''' There is a new requirement that sponsors meet an increased income level for sponsoring parents or grandparents.  

== D. Caregiver Program ==

A foreign national must have first obtained a Service Canada Labour Market Impact Assessment/validation before applying for a Work Permit. Once a foreign  national had a Service Canada validation, the foreign national could apply for a Work Permit under the live-in caregiver class. Overseas applications are being processed inside Canada.