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

1) At least one year of full time  skilled work experience in Canada, in the last 3 years, in an occupation under NOC type O, A or B (managerial, professional or technical occupations). The work experience must be gained by working in Canada legally and it does not include work experience gained while on a study permit. Full time work experience is defined as at least 30 hours per week. Further, the skilled work experience  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; and  

2) 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.   

a) Plan to live outside the province of Quebec;<br>

b) Meet the required levels in English or French for each language ability (CLB 5 for speaking, and listening, and CLB 4 for reading, writing);<br>

c) Have at least two years of full-time (30 hours per week) work experience (or an equal amount of part-time work experience) in a skilled trade within the five years before applying;<br>

d) Meet the job requirements for their predominant skilled trade as set out in the National Occupational Classification (“NOC”), (except for needing a certificate of qualification), '''and'''<br>

:a. Have an offer of full-time employment for a total period of at least one year (up to 2 employers can commit to offer employment, but all offers of employment must be associated with an LMIA).  

:b. A certificate of qualification in their predominant skilled trade issued by a Canadian provincial or territorial authority (such as a Red Seal).

e) Have sufficient funds for the applicant and the applicant’s family to settle in Canada. This requirement is waived if the applicant is working in Canada legally and has a valid job offer from an employer in Canada.  

a) Spouse, common-law partner or conjugal partner,

b) Dependent child,

c) Parents or grandparents,

d) Brother, sister, niece, nephew, or grandchild who is an orphaned child under 18 and does not have a spouse or common-law partner, or

e) 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) Has overstayed a visa, visitor record, work permit or study permit,

b) Has worked or studied in Canada without authorization under the IRPA,

c) Has entered Canada without the required visa or other document required under the IRP Regulations and/or,

d) Has entered Canada without a valid passport or travel document (provided valid documents are acquired by the time IRCC seeks to grant permanent resident status).

:(a) Have a well-founded fear of persecution,  

:(b) The fear must be objective and subjective,  

:(c) The fear must be linked to a Convention ground (i.e. race, nationality, religion, political opinion or membership in a particular social group),  

:(d) There must be no Internal Flight Alternative, i.e. a place in the country of feared persecution where the person can reasonably live safely,  

:(e) There must be no state involvement or state complicity, and  

:(f) The state must be unable or unwilling to protect.  

a) The claimant is a designated foreign national,<br>

b) The claimant made their claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement, and/or<br>

c) The claimant’s claim was referred to the RPD before the relevant provisions of the new system came into force.

1. A claimant will know the Minister is appealing the RPD decision when the Minister gives the claimant and the RAD a document called a ‘notice of appeal’.  The Minister has 15 days after they have received the RPD’s written decision to take this action.<br>

2. The Minister will then give the claimant any supporting documents that they will be submitting as evidence.  The Minister has 30 days after receiving the RPD’s written reasons to take this action.<br>

3. After this is done, the claimant will have to submit a “'''Notice of Intent to Respond'''” and provide the Minister and the RAD with a copy, '''no later than 15 days''' after the claimant receives the supporting document from the Minister.  

== G. Pre-Removal Risk Assessment (“PRRA”) ==