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Immigrating to British Columbia (view source)
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{{REVIEWEDPLS | reviewer = [https://larlee.com/lawyers/darren-penner/ Darren Penner], Larlee Rosenberg, and Gregory Bruce, Barrister & Solicitor|date= March 2019}} {{Dial-A-Law TOC|expanded = rights}} | {{REVIEWEDPLS | reviewer = [https://larlee.com/lawyers/darren-penner/ Darren Penner], Larlee Rosenberg, and Gregory Bruce, Barrister & Solicitor|date= March 2019}} {{Dial-A-Law TOC|expanded = rights}} | ||
For those thinking of settling permanently in British Columbia, there are several programs for | For those thinking of settling permanently in British Columbia, there are several programs for immigrating to Canada. There is also financial and other help available for newcomers to the province. | ||
== | ==What you should know== | ||
===There are several categories or “classes” of immigration=== | ===There are several categories or “classes” of immigration=== | ||
There are dozens of government programs designed to make Canadian immigration successful, both for newcomers and for Canada. These programs fall into three broad categories, or “classes”: | There are dozens of government programs designed to make Canadian immigration successful, both for newcomers and for Canada. These programs fall into three broad categories, or “classes”: | ||
* '''Family class'''. Programs for families, where Canadian citizens and permanent residents may sponsor family members and loved ones for Canadian immigration. | |||
* '''Economic class'''. Programs for professionals and workers to apply to become a permanent resident of Canada. | |||
* '''Refugee class'''. Canada offers refugee protection to people who fear persecution and who are unwilling or unable to return to their home country. | |||
The [http://canlii.ca/t/7vwq ''Immigration and Refugee Protection Act''] controls immigration to Canada. A federal government department, [https://www.canada.ca/en/immigration-refugees-citizenship.html Immigration, Refugees and Citizenship Canada], facilitates the arrival of immigrants and refugees to Canada. | |||
===Immigrating under the “family class”=== | ===Immigrating under the “family class”=== | ||
The goal of family class immigration is to reunite Canadians with their close relatives. A Canadian citizen or permanent resident can | The goal of family class immigration is to reunite Canadians with their close relatives. A Canadian citizen or permanent resident can sponsor certain relatives to come to Canada. A person can '''sponsor''': | ||
*their spouse or common-law partner | |||
*their parents or grandparents | * their spouse or common-law partner | ||
*their dependent children (biological or adopted) | * their parents or grandparents | ||
*an unmarried orphaned sibling, nephew, niece or grandchild under 18 | * their dependent children (biological or adopted) | ||
* an unmarried orphaned sibling, nephew, niece or grandchild under 18 | |||
The applicant must be able to financially support the person they are sponsoring for a period of between three to 20 years, depending on their relationship with that person. | The applicant must be able to financially support the person they are sponsoring for a period of between three to 20 years, depending on their relationship with that person. | ||
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====Parents and grandparents==== | ====Parents and grandparents==== | ||
The parent and grandparent sponsorship program is by invitation only. A person can [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents.html submit their interest] in sponsoring a parent or grandparent to become a permanent resident of Canada, and they may be invited to submit a complete application. | The parent and grandparent sponsorship program is by invitation only. A person can [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents.html submit their interest] in sponsoring a parent or grandparent to become a permanent resident of Canada, and they may be invited to submit a complete application. | ||
Parents and grandparents can also apply for a long-term “[http://www.cic.gc.ca/english/visit/supervisa.asp super visa]” to visit family in Canada for up to two years at a time. Normal visitor visas are for only six months. | Parents and grandparents can also apply for a long-term “[http://www.cic.gc.ca/english/visit/supervisa.asp super visa]” to visit family in Canada for up to two years at a time. Normal visitor visas are for only six months. | ||
===Immigrating under the “economic class”=== | ===Immigrating under the “economic class”=== | ||
There are dozens of “economic class” programs for professionals and workers to apply to become a permanent resident of Canada. | There are dozens of “economic class” programs for professionals and workers to apply to become a permanent resident of Canada. | ||
====Federal programs==== | ====Federal programs==== | ||
The '''federal skilled workers''' program is for [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers.html skilled workers with foreign work experience] who want to immigrate to Canada permanently. If an applicant meets the minimum requirements for the program, their application will be assessed on a 100-point grid that considers six factors. In addition to work experience, the grid factors in age, education, language ability, whether the applicant has a valid job offer, and their adaptability (how well they’re likely to settle in Canada). | The '''federal skilled workers''' program is for [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers.html skilled workers with foreign work experience] who want to immigrate to Canada permanently. If an applicant meets the minimum requirements for the program, their application will be assessed on a 100-point grid that considers six factors. In addition to work experience, the grid factors in age, education, language ability, whether the applicant has a valid job offer, and their adaptability (how well they’re likely to settle in Canada). | ||
The '''federal skilled trades''' program is for skilled workers who want to become permanent residents based on being [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/skilled-trades.html qualified in a skilled trade]. Applicants must have at least two years of full-time work experience in a skilled trade, and meet minimum requirements for language ability. They must also have either a valid job offer or a certificate of qualification in their skilled trade. | The '''federal skilled trades''' program is for skilled workers who want to become permanent residents based on being [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/skilled-trades.html qualified in a skilled trade]. Applicants must have at least two years of full-time work experience in a skilled trade, and meet minimum requirements for language ability. They must also have either a valid job offer or a certificate of qualification in their skilled trade. | ||
The '''Canadian experience class''' is for skilled workers [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/canadian-experience-class.html who have Canadian work experience] and want to become permanent residents. It lets people with one year of full-time work in Canada in a skilled occupation immigrate to Canada. Applicants | The '''Canadian experience class''' is for skilled workers [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/canadian-experience-class.html who have Canadian work experience] and want to become permanent residents. It lets people with one year of full-time work in Canada in a skilled occupation immigrate to Canada. Applicants must meet minimum requirements for language ability. | ||
The '''start-up visa''' program targets immigrant entrepreneurs with an [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/start-visa/about.html innovative business idea]. Applicants must show they have the skills and potential to build a business in Canada that is innovative and can create jobs. Successful applicants are granted a permanent residence visa and assistance to become established in Canada. | The '''start-up visa''' program targets immigrant entrepreneurs with an [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/start-visa/about.html innovative business idea]. Applicants must show they have the skills and potential to build a business in Canada that is innovative and can create jobs. Successful applicants are granted a permanent residence visa and assistance to become established in Canada. | ||
The '''self-employed persons''' program allows people to immigrate to Canada permanently as a self-employed person. Applicants must have relevant experience in '''cultural activities or athletics''', and be willing and able to make a significant contribution to the cultural or athletic life of Canada. | The '''self-employed persons''' program allows people to immigrate to Canada permanently as a self-employed person. Applicants must have relevant experience in '''cultural activities or athletics''', and be willing and able to make a significant contribution to the cultural or athletic life of Canada. | ||
====BC’s provincial nominee program==== | ====BC’s provincial nominee program==== | ||
British Columbia and most other provinces have '''provincial nominee''' programs that fall under the economic class of immigrating to Canada. These programs can speed up, or fast track, an immigration application so it takes less than one year. They can also have a work permit issued in two to three months. | British Columbia and most other provinces have '''provincial nominee''' programs that fall under the economic class of immigrating to Canada. These programs can speed up, or fast track, an immigration application so it takes less than one year. They can also have a work permit issued in two to three months. | ||
One of the fastest ways to immigrate to BC is under [https://www.welcomebc.ca/Immigrate-to-B-C/B-C-Provincial-Nominee-Program BC’s provincial nominee program], which lets BC select immigrants based on their specific ability to contribute to the BC economy. For example, applicants for jobs in BC where there is a shortage of workers — such as high-tech positions and rural postings — can qualify here. An applicant must first have a job offer to apply under this program. The program has four steps: registration, invitation, application, and nomination. | One of the fastest ways to immigrate to BC is under [https://www.welcomebc.ca/Immigrate-to-B-C/B-C-Provincial-Nominee-Program BC’s provincial nominee program], which lets BC select immigrants based on their specific ability to contribute to the BC economy. For example, applicants for jobs in BC where there is a shortage of workers — such as high-tech positions and rural postings — can qualify here. An applicant must first have a job offer to apply under this program. The program has four steps: registration, invitation, application, and nomination. | ||
===Immigrating under the “refugee class”=== | ===Immigrating under the “refugee class”=== | ||
Canada has a long tradition of helping people in need, accepting them as '''refugees'''. Refugees include people unable or unwilling to return to their home country based on a well-founded fear of being persecuted because of their race, religion, political opinion, nationality, or membership in a particular social group. Refugees also include people who might face risk to their lives, cruel and unusual treatment, punishment, or torture if they went home. | Canada has a long tradition of helping people in need, accepting them as '''refugees'''. Refugees include people unable or unwilling to return to their home country based on a well-founded fear of being persecuted because of their race, religion, political opinion, nationality, or membership in a particular social group. Refugees also include people who might face risk to their lives, cruel and unusual treatment, punishment, or torture if they went home. | ||
To come to Canada as a refugee, a person must be referred. The United Nations Refugee Agency or a private sponsorship group can refer a refugee. Refugee claimants must prove they meet the definition of a refugee [https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees.html to become a protected person in Canada]. The Canadian government has designated some countries as “safe” and requires special procedures for refugee claimants from these countries. | To come to Canada as a refugee, a person must be referred. The United Nations Refugee Agency or a private sponsorship group can refer a refugee. Refugee claimants must prove they meet the definition of a refugee [https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees.html to become a protected person in Canada]. The Canadian government has designated some countries as “safe” and requires special procedures for refugee claimants from these countries. | ||
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===Some people are “inadmissible” to Canada=== | ===Some people are “inadmissible” to Canada=== | ||
Some people are not allowed to come to Canada. They’re “inadmissible” under [https://www.canlii.org/en/ca/laws/stat/sc-2001-c-27/latest/sc-2001-c-27.html#sec33_smooth Canada’s immigration law]. There are different reasons a person may be refused entry to (or removed from) Canada. They include: | Some people are not allowed to come to Canada. They’re “inadmissible” under [https://www.canlii.org/en/ca/laws/stat/sc-2001-c-27/latest/sc-2001-c-27.html#sec33_smooth Canada’s immigration law]. There are different reasons a person may be refused entry to (or removed from) Canada. They include: | ||
*'''security reasons''', such as subversion (attempts to overthrow a government) or violence or terrorism | |||
*'''human or international rights violations''', including war crimes | * '''security reasons''', such as subversion (attempts to overthrow a government) or violence or terrorism | ||
*'''committing a crime''', including impaired driving | * '''human or international rights violations''', including war crimes | ||
*'''medical reasons''', including medical conditions that endanger public health | * '''committing a crime''', including impaired driving | ||
*'''financial reasons''' (if you’re unable or unwilling to support yourself and your family members) | * '''medical reasons''', including medical conditions that endanger public health | ||
* '''financial reasons''' (if you’re unable or unwilling to support yourself and your family members) | |||
Normally, if you’re inadmissible to Canada, you won’t be allowed to enter the country. If you have a valid reason to travel to Canada, you may be issued a [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/temporary-resident-permits.html temporary resident permit]. | Normally, if you’re inadmissible to Canada, you won’t be allowed to enter the country. If you have a valid reason to travel to Canada, you may be issued a [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/temporary-resident-permits.html temporary resident permit]. | ||
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The Federal Court of Canada can review most decisions of immigration officials and tribunals. But it does so only in very limited cases. You would need legal help in this area. | The Federal Court of Canada can review most decisions of immigration officials and tribunals. But it does so only in very limited cases. You would need legal help in this area. | ||
== | ==Who can help== | ||
===With your situation=== | ===With your situation=== | ||
The immigration process is very involved and detailed. Getting legal assistance is highly recommended. Many British Columbia lawyers participate in the '''Lawyer Referral Service''', which can connect you with a lawyer for a half-hour consultation | The immigration process is very involved and detailed. Getting legal assistance is highly recommended. Many British Columbia lawyers participate in the '''Lawyer Referral Service''', which can connect you with a lawyer for a free half-hour consultation. The lawyer can provide some initial advice on your options. Then, if you and the lawyer agree, you can hire that lawyer at their normal rate. | ||
The '''Legal Services Society''' may provide a lawyer for free if you meet the financial guidelines and are facing an immigration proceeding that may remove you from Canada, or you want to claim refugee status. Their website also has [https://legalaid.bc.ca/publications/subject.php?sub=10 free publications for immigrants and refugees]. | * Call 604-687-3221 in Greater Vancouver | ||
* Call 1-800-663-1919 (toll-free) | |||
* [http://www.accessprobono.ca/lawyer-referral-service Visit website] | |||
The '''Legal Services Society''' may provide a lawyer for free if you meet the financial guidelines and are facing an immigration proceeding that may remove you from Canada, or you want to claim refugee status. Their website also has [https://legalaid.bc.ca/publications/subject.php?sub=10 free publications for immigrants and refugees]. | |||
* Call 604-408-2172 in Greater Vancouver | |||
* Call 1-866-577-2525 (toll-free) | |||
* [http://legalaid.bc.ca/ Visit website] | |||
===More information=== | ===More information=== | ||
'''Immigration, Refugees and Citizenship Canada''' is the federal government department that facilitates the arrival of immigrants and refugees to Canada. Their website explains federal immigration programs and includes online application forms. | '''Immigration, Refugees and Citizenship Canada''' is the federal government department that facilitates the arrival of immigrants and refugees to Canada. Their website explains federal immigration programs and includes online application forms. | ||
* Call 1-888-242-2100 (toll-free in Canada) | |||
* [https://www.canada.ca/en/immigration-refugees-citizenship.html Visit website] | |||
'''WelcomeBC''' provides newcomers to British Columbia with information on immigrating to BC, getting settled, and finding employment. | '''WelcomeBC''' provides newcomers to British Columbia with information on immigrating to BC, getting settled, and finding employment. | ||
* [https://www.welcomebc.ca/ Visit website] | |||
The '''Immigration and Refugee Board of Canada''' has details on refugee claims, admissibility hearings, and immigration appeals. | The '''Immigration and Refugee Board of Canada''' has details on refugee claims, admissibility hearings, and immigration appeals. | ||
* [https://irb-cisr.gc.ca/ Visit website] | |||
The '''Canadian Council for Refugees''' has general information on refugees. | The '''Canadian Council for Refugees''' has general information on refugees. | ||
* [https://ccrweb.ca/ Visit website] | |||
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