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Difference between revisions of "Permanent Residence Application Process (18:V)"
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Permanent Residence Application Process (18:V) (view source)
Revision as of 18:05, 12 October 2019
, 18:05, 12 October 2019→A. Economic Class Applicants
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Applicants who are applying from outside of Canada must also show that they have sufficient settlement finds for their family upon arrival in Canada. See http://www.cic.gc.ca/english/immigrate/trades/apply-who.asp | Applicants who are applying from outside of Canada must also show that they have sufficient settlement finds for their family upon arrival in Canada. See http://www.cic.gc.ca/english/immigrate/trades/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 (“BCPNP”) has its own categories, which can be different from the federal requirements. | |||
After you are nominated for permanent residence by the BC PNP, both you and your employer must tell the BC PNP about any employment changes by emailing PNPPostNom@gov.bc.ca. This includes a promotion, lay-off, termination or a potential new job with a new employer. Please note that failing to inform BC PNP of a change in your employment status could lead to the withdrawal of your nomination. It could also lead to questions from IRCC when they process your application. All post-nomination requests, including requests for work permit support letters, change of employers, and re-nominations, must now be emailed to PNPPostNom@gov.bc.ca. | |||
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. | |||
NOTE: A BCPNP nomination can be cancelled after being issued, and this cancellation does not receive consideration under the appeal process. Instead the nominee is given basic procedural fairness protections in the form of an opportunity to be heard before the nomination is cancelled. There is no appeal to the cancellation decision and so it is important to make the best case possible at that time. | |||
The BCPNP program is currently using an online registration and selection process similar to that of Express Entry (see the NOTE in Section V. A. “Economic Class Applicants”). Enrolment in the program is free. Once an applicant has enrolled in the program they wait to be issued an invitation to apply for a provincial nomination. No time estimate for waiting periods can be provided as they vary and depend on the strength of the application. Consolidated guides with all the details necessary to assist with a BCPNP application can be found under: http://www.welcombc.ca/Immigrate-to-B-C/B-C-Provincial-Nominee-Program/Documents. For more information about BC’s programs generally, see: http://www.welcomebc.ca/pnp. | |||
=== 5. 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 IRCC website, applicants with exceptional skills, such as Olympic athletes, world-renowned artists and/or musicians, etc. are 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 at a “world-class” level in their field of endeavor for at least 2 years. 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 IRCC website (http://www.cic.gc.ca/english/immigrate/business/self-employed/apply-who.asp). | |||
=== 6. Investor Class === | |||
The Investor Program and the Federal Entrepreneur Program has been closed since July 1st 2012. | |||
IRCC has 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. Individuals are advised to check the IRCC website for the latest information. | |||
== B. Family Class Applicants == | == B. Family Class Applicants == | ||