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Questions & Answers
Skilled Worker/General
What does Canadian permanent resident status confer?
Pursuant to the provisions of Canada's constitutional laws, the holder of a Canadian
permanent resident visa and his/her accompanying dependants are permitted to permanently
reside in Canada and earn a livelihood in any one of the ten provinces and three
territories within Canada. In addition, individuals with Canadian permanent residence
may attend primary and secondary education institutions in the various provincially
administered public school systems, tuition exempt. Permanent residents also qualify
for provincially administered universal health care coverage.
How long does it take to obtain a permanent resident visa?
Depending upon the time of year, the immigration office in question and other factors,
the processing time for an application for permanent residence filed under the economic
class can vary from between 6 months to 40 months. This is the time generally needed
to demonstrate compliance under one of the applicable categories; a clean bill of
health for the applicant and accompanying dependants; sufficient assets to successfully
establish the family in Canada; and a confirmation of no criminal inadmissibility
for the applicant and the accompanying dependants. (The immigration offices in New
Delhi, Islamabad, Singapore and Beijing currently attract the most applications
and therefore have the longest processing times).
Who is included in the application for permanent residence?
The application for permanent residence generally includes the applicant, spouse
or common-law partner or conjugal partner 16 years of age or older and any unmarried
children under the age of 22 years. Children over the age of 22 may in prescribed
circumstances, be included as accompanying family members.
What supporting documents must I submit?
Supporting documentation generally encompasses evidence of employment, education,
assets, civil status, and an absence of criminal convictions. Each visa office has
its own specific requirements for supporting documentation. It is advisable to seek
expert guidance or get instructions from the particular visa office, which will
process your application.
As a general rule, the submitted application must contain in prescribed format,
the name, birth date, and address, nationality and immigration status of the applicant
and of all family members of the applicant and the class of visa being requested.
An application being submitted under the skilled worker class must also contain
the four-digit codes from the National Occupational Classification that corresponds
to each of the occupations engaged in by the applicant and that constitutes the
skilled worker's work experience.
Business immigration applications must be supported by documentation, which corroborates
an applicant's business/managerial, experience. Certain documents can be submitted
during the process. These include statutory documents such as birth certificates,
marriage certificates and certificates of non criminal conviction from each place
of residence where an applicant has permanently resided for more than 6 months since
age 16 years. Although it is preferred that applicants submit documentation supporting
education, employment experience and language proficiencies at the file submission
stage, such documentation may be forwarded to the visa office after file submission.
An application submitted without the minimum required supporting documentation will
by law, entail its rejection. Yet applications that are properly prepared can be
submitted with the minimum requisite documentation, while additional non essential
documentation can be submitted during the process.
Applications are processed on a first come first served basis and the pass mark
can be modified by the Minister without notification at any time during the process,
which may prejudice an applicant's qualifications where an application has not undergone
a selection.
Am I required to have a certain amount of assets?
Skilled Worker applicants will generally be required to prove that they have settlement
funds sufficient for themselves and any accompanying dependents. They are expected
to be able to support the landed family (the principal applicant and all accompanying
dependents) until employment is obtained.
Will my application benefit if I have a close relative in Canada?
Skilled Worker applicants will be awarded bonus points if the close relative is
a Canadian citizen or permanent resident and over the age of 19 years. The applicant
is then referred to as an "assisted relative". To qualify as a close relative, the
Canadian citizen or permanent resident must be the applicant's uncle, aunt, brother,
sister, parent, nephew or niece.
The principal applicant receives five points for adaptability if they or their accompanying
spouse or common-law partner, have a close relative in Canada such as a parent,
grandparent, child, grandchild, spouse, common-law partner, sister, brother, uncle,
aunt, nephew or niece who is a Canadian citizen or permanent resident and is physically
residing in Canada.
Is work experience a requirement?
Work experience is a critical requirement for a Skilled Worker immigrant. At least
one year of experience within the past 10 years in one of the occupations listed
in either Skill Type 0 or Skill Level A or B of the National Occupational Classification
(the "NOC") is a necessary preliminary requisite to qualifying for permanent resident
status.
To receive consideration for experience, the applicant must perform the actions
described in the lead statement for the occupation as set out in the NOC and at
least a substantial number of the main duties of the occupation including all of
the essential duties. There is no obligation to meet the occupational employment
requirements described in the NOC.
Applicants must specify in their application the four-digit code of the NOC that
corresponds to each of the occupations engaged in by the applicant and that constitutes
the skilled worker's work experience.
A number of graduate students and post doctoral candidates may not possess so called
"full time" employment experience within the traditional sense other than faculty
related internships, teaching positions, etc. In many cases, such experience may
prove sufficient.
The number of units of assessment awarded under the experience factor will depend
upon reasoned presentations on the part of the applicant demonstrating that the
applicant meets the requirements of NOC and would ultimately be left to the discretion
of the interviewing visa officer.
Must the experience have been accumulated on a full-time basis? Must it have
been accumulated continuously?
Part-time work experience is acceptable. It is assessed in proportion to a standard
full-time working week. For example, a two-year part-time position requiring approximately
20 hours of work each week, will be counted as one year of full-time experience.
Non-consecutive work experience in positions involving the same duties may also
be counted, if the total work experience meets the minimum experience requirements.
How is experience in a previous or current occupation evaluated when that occupation
differs from the applicant's education?
Under the present selection criteria, such experience is fully counted towards the
assessment of the applicant's work experience.
Is credit given for experience gained during post-secondary studies?
Yes, as long as the experience gained at that time is consistent with the definition
of an occupation appearing on the General Occupations List; it can be counted in
the assessment of work experience.
Must I have a Canadian offer of employment to qualify as a Skilled Worker?
The Canadian Citizenship & Immigration authorities do not require applicants
to secure an approved offer of employment as a condition of selection. In essence,
current Canadian immigration policy provides that if an applicant meets the skilled
worker selection criteria, he/she is likely to become successfully established in
Canada. However, "arranged employment", (approved by Human Resources Development
Canada) will provide a prospective applicant with an additional 15 units of assessment
and in most cases, is an important aspect of the selection process. The current
selection rules therefore favour applicants with government approved job offers
in Canada.
Can I apply if I do not yet have the required minimum work experience?
Applicants without one year of work experience in an "open" occupation (6 months
for applicants destined to Quebec or Manitoba) are required to demonstrate arranged
employment.
What are the applicable processing fees to process an application for permanent
residence?
Applications for permanent residence must include the appropriate non-refundable
processing fees for applicants and their accompanying dependants. For applicants
applying under the skilled worker program the application fee is currently set at
$550 CAD for each applicant as well as each family member of the principle applicant
who is 22 years of age or older. A fee of $150 shall apply to each family member
under the age of 22 years. As well, a Right Of Permanent Residence Fee of $490 CAD
is levied, prior to visa issuance, for each person who is at least 22 years of age
applying for permanent residence.
Processing fees must be filed with the application. Right Of Permanent Residence
fees may be submitted upon request by the visa office, prior to visa issuance. Applicants
are encouraged to verify with local missions for applicable immigration office specific
payment procedures.
Who must attend the selection interview?
The applicant and spouse (where applicable), will generally be required to travel
to the processing immigration office and attend a selection interview. In some cases,
the requirement for a spouse to attend the selection interview can be waived.
As well, certain posts require that accompanying dependant children over the age
of 22 years attend the immigration selection interview.
What about interview waivers?
Certain factors may justify the waiving of a selection interview. This is a highly
discretionary aspect of the Regulations and is largely a function of the immigration
office in question, the habitual residence of the applicant and the documentation
in support of the applicant's qualifications.
What if the intended occupation requires registration/licensing?
There are a number of occupations in Canada requiring registration and/or licensing,
a process that varies from province to province. However, occupational licensing
is not a requirement to overcome as a condition of immigration approval.
Are assets/personal net worth determining factors in the selection process?
Under the skilled worker class, personal net worth is not a selection criterion
of assessment. However, assets can impact positively upon an applicant's assessment
under the positive discretion provisions of the regulations.
Applicants generally must provide evidence of sufficient funds for the family to
travel and settle in Canada as measured against the current annual Low Income Cut-Off
(LICO) published by Statistics Canada.
A sum of approximately $20,000 would satisfy the requirements for a family comprising
of the applicant, spouse and two children. Such evidence may be furnished immediately
prior to visa issuance.
Exempt from this financial requirement would be applicants who have received an
approved job offer in Canada.
Must an individual reside in Canada in order to maintain permanent resident
status?
Current legislation provides that permanent resident status is maintained if a person
is physically resident in Canada for at least 730 days (2 years) within any period
of 5 years, or if other circumstances are met.
If not physically present in Canada, permanent resident status can be maintained
while abroad where the Canadian resident is abroad with a Canadian citizen spouse
or parent; with a Canadian employer, or with a Canadian permanent resident who works
for a Canadian employer.
It is sufficient for a permanent resident to demonstrate at examination, if they
have been a permanent resident for less than five years, that they can potentially
meet the 730-day residency obligation in respect of the five-year period immediately
after their arrival in Canada. An officer is not permitted to exclude the possibility
that an applicant who has resided abroad for three years, may still be able to comply
with the residency obligation during the remaining two years of the five-year period.
Canadian residency rules are among the most flexible. In effect one who is recently
admitted as a permanent resident can theoretically leave Canada for up to three
years after activating their resident visa to pursue their existing obligations
while preserving Canadian permanent residence throughout this initial period.
Can foreign nationals who have applied for Canadian permanent residence under
the skilled worker class obtain a temporary non-immigrant (visitor's) visa to Canada?
Traditionally, visa officers have viewed concurrent applications for permanent residence
and temporary entry as being incompatible with each other.
Current law attempts to clarify the issue and provides that immigration officer's
must assess the present intention of the applicant when a person applies to visit
Canada and verify the question of whether the applicant has the ability and the
intention to enter Canada for a temporary purpose and thereafter leave Canada at
the expiry of the visitor status, regardless if the long-term goal is to secure
permanent residence in Canada. Visitor's (work, study or visit) with pending immigrant
applications may be subject to the issue of Dual Intent if they cannot demonstrate
that they will leave Canada by the end of the period authorized for their stay.
Under current immigration policy, applicants are encouraged to become familiar with
Canada's landscape, which will augment the applicant's likelihood of successfully
integrating into Canadian society. Applicants are discouraged however from "waiting"
inside Canada during the permanent residence application process. Applicants who
wish to procure temporary entry into Canada and who have a pending application for
permanent residence will be required to demonstrate sufficient ties to their current
country of residence prior to the issuing of a temporary visitor's visa by the Canadian
visa office.
Can foreign nationals who have applied for Canadian permanent residence under
the Skilled Worker Class concurrently apply for a temporary non-immigrant work permit?
The issues raised above should be reiterated here as well. In addition, applicants
who wish to procure a temporary work permit must generally initiate the process
with the assistance of the prospective employer who must file an application with
the Canada Employment authorities inside Canada. It is only after the employment
authorities have confirmed that the hiring in question will have a neutral affect
on the local labour market that the application would be approved and forwarded
to the appropriate visa office outside Canada for immigration assessment and processing.
This is known as obtaining a positive "labour market opinion". As the average processing
time for permanent residence applications currently exceeds 12 months at most immigration
offices, it may be advantageous in many cases, for the applicant to apply for a
temporary work permit either prior to or during the processing of an application
for permanent residence.
Is it more advantageous to apply before or after an applicant has researched
the Canadian labour market?
The Canadian immigration authorities are continuously revising its programs and
policies to reflect Canada's changing labour market requirements. The current Regulations
provide the Minister of Citizenship and Immigration with authority to set and amend
the pass mark at any time during the process with no lock-in protection for an application
under assessment. Qualified applicants who manifest a serious interest in obtaining
permanent residence would be encouraged to proceed with the filing of the application(s)
and the non refundable government filing fees in a timely fashion so as to initiate
and conclude the processing at the earliest possible time.
As well, since the processing of a permanent resident visa application generally
takes many months to complete, Canadian employers are often willing to consider
sponsoring the candidacy of qualified foreign applicants under a temporary work
visa. Applicants may therefore consider canvassing the Canadian labour market while
simultaneously processing an application for permanent residence.
What are the current prospects for employment in Canada?
Employers in the Canadian High Technology, Engineering, Financial Services sectors,
Construction and Skilled Trades, Machining and Heavy Equipment Operators, Automotive,
Agriculture and Healthcare are now recruiting qualified individuals who are lawfully
permitted to take up employment in Canada on a temporary or permanent basis. Many
of these firms are currently advertising available positions in Canada's leading
newspapers, trade journals and or through the Internet.
What are the general tax implications of acquiring Canadian permanent residence?
The Canadian Government imposes income tax on the basis of residency rather than
citizenship. It is therefore possible to become a Canadian citizen and a non-resident
for tax purposes. After becoming a permanent resident and prior to attaining citizenship,
an individual would be required to pay Canadian taxes on worldwide income. However,
the tax legislation allows for newly arriving permanent residents to establish an
offshore trust into which may flow all of the non-Canadian sourced income, except
employment income. The trust avails for a maximum period of five years and it is
therefore possible to become a Canadian citizen and a non-resident within the life
span of the trust. The assets of a newly arriving immigrant are not taxed under
Canadian law.
What if a prospective applicant is destined to the Province of Quebec?
Pursuant to the provisions of the Quebec/Canada Accord, the Immigration and Refugee
Protection Act and the Quebec Act Respecting the Selection of Foreign Nationals,
the Quebec Government is currently the only provincial government in Canada to have
concluded a comprehensive agreement for the purpose of facilitating the formulation,
coordination and implementation of immigration policies and programs with respect
to the admission of foreign nationals to the province.
However, the Canadian Citizenship & Immigration authorities maintain exclusive
jurisdiction in the areas of visa issuance, and medical and criminal inadmissibility.
Applicants, who are intent on settling in Quebec after acquiring Canadian permanent
residence, are encouraged to file their applications for a Quebec Certificate of
Selection with the appropriate Quebec Delegation outside Canada. Once this undertaking
is completed and approved, the appropriate Canadian visa office would review the
appropriate applications for Canadian permanent residence.
Applicants destined to Quebec or who attempt landing in Quebec without prior approval
from the Quebec authorities will likely experience difficulties at a Port Of Entry.
This is a sensitive issue and must be addressed by experienced counsel.
What if a prospective applicant is destined to a Province that administers a
provincial nominee immigration program?
A number of provinces have concluded agreements with the Canadian government under
the Provincial Nominee program, which provide for the selection of a very limited
number of foreign nationals destined to one of those provinces each year. Most provincial
programs require employer sponsorship to support a nomination. Owing to the general
requirement of employer sponsorship as well as the high volume of applications that
are currently awaiting processing under most provincial program outside Quebec,
applicants applying under a Provincial Nominee program are strongly encouraged to
secure approved job offers, regardless of the point total received following a self-assessment,
in order to increase their chances for approval under a provincial nominee program.
How does permanent resident status assist the visa holder in temporarily entering
the United States?
Citizens from the list of countries referenced in the Country List "A", the following
writing (Removal of U.S. Entry Visa Requirements for Certain Permanent Residents
of Canada) are required to file an application with a U.S. consulate along with
a non-refundable $100 filing fee. First time applicants with the exception of children
under 16, adults over 60 and persons with diplomatic status, will likely be required
to attend a personal interview. The visa once issued, will be valid for a period
of five to ten years.
Landed immigrants in Canada holding passports from Country List "B" of the writing
do not require visas to travel to the United States, because their countries of
origin have reciprocal visa-waiver agreements with the U.S.
How does Canadian citizenship assist the visa holder in temporarily entering
the United States?
Canadian permanent residence does not confer any particular US immigration benefits.
Canadian citizens may travel to the US without a visa, and may seek employment in
one year increments under the North American Free Trade Agreement (NAFTA). NAFTA
provides a list of eligible classes of employment most of which are executive, managerial,
professional or scientific in nature. The US does not offer Canadians a fast tract
to permanent residence or employment out side of the NAFTA list.
Generally, one may apply for Canadian citizenship if one has maintained permanent
residence in Canada three of the four years preceding the application.
How have the events of September 11, 2001 in the United States affected Canadian
immigration policy?
Canadian and authorities in the United States have concluded a number of efforts
to further expand upon cooperative strategies in the areas of shared intelligence
gathering, administration of customs and revenue policies and joint procedures on
security with government agencies in the United States in order to better secure
our North American perimeters. Such initiatives also include information and electronic
database sharing with law enforcement agencies between G8 member countries, including
Canada.
However, Canadian immigration policies currently reflect a more strict approach
to the selection and admission of foreign nationals for reasons that relate to the
volume of applicants worldwide, who are interested in relocating to Canada and therefore
which do not necessarily relate to the events of September 11, 2001.
What are the numbers of immigrants who were admitted to Canada in 2002, 2003,
2004?
There were 229,040 immigrants admitted to Canada under all categories in 2002, including
approximately 138,000 Economic Class (Skilled Workers and Business Immigrants) comprising
of applicants and their accompanying family dependants. In 2003, 221,355 immigrants
were admitted to Canada including 121,050 Economic Class. In 2004 there were 235,824
admissions including 133,746 economic immigrants.
Business Class
What documents must Business Immigration Program applicants submit?
In addition to government application forms, education-related and statutory documents
(passports, birth certificates, etc.), Business Immigration Program must submit
documents evidencing business and/or managerial experience, as well as documents
evidencing net worth.
As a Business Immigration Program Applicant, am I required to live in the province,
which I originally indicated as my intended destination?
When you become a permanent resident, you may live, work and engage in business
activities in any Canadian province or territory.
How can I qualify as an Immigrant Investor?
As an Immigrant Investor planning to reside anywhere in Canada, except Quebec, you
must:
- Have a net worth of at least CAD$800,000 gained through your own endeavours;
- Invest CAD$400,000 for five years with Citizenship and Immigration Canada which
acts as agent on behalf of provincial and territorial investment funds; and
- Have successfully operated, controlled or directed a business or managed a minimum
of 5 employees for a period of 2 years.
How can I, as an Immigrant Investor, prove that I earned my minimum net worth
"by legitimate endeavours"?
Immigrant Investor applicants must demonstrate the origin and accumulation of their
wealth through reliable, third party documentary evidence: tax returns, pay stubs,
deeds of purchase/sale, statements from stockbrokers, business/real estate valuations,
etc. An applicant must be able to demonstrate that assets were gained through means,
which are considered legal, including gifts or inheritances.
As an Immigrant Investor, will I be obliged to work and/or engage in business
activities in Canada?
While an Immigrant Investor is entitled to engage in work and business activities
upon arrival in Canada, there is absolutely no obligation to do so.
When do I, as an Immigrant Investor, commit my investment amount?
You must commit your CAD$400,000 investment amount before final approval from Federal
or Quebec Immigration officials, as the case maybe.
What happens to my investment amount if my Immigrant Investor application is
refused?
If your intended destination in Canada is outside Quebec, your investment will be
promptly refunded. If you intend to reside in Quebec and you have deposited your
investment in a government approved immigrant investment program you must make sure
that your investment is not locked-in until you land in Canada. Your investment
cannot be refunded for five years once it has been locked in.
Manitoba Provincial Nominee Program
What does a Manitoba Nomination Certificate entail?
A Manitoba Nomination Certificate (MNC) serves as the instrument which when received
by the Canadian Citizenship & Immigration authorities, initiates the process
of acquiring Canadian permanent residence under the immigration category of Provincial
Nominee. The MNC when issued is evidence that admission of the applicant is of significant
benefit to the industrial and economic development of Manitoba and that the nominee
will have a strong likelihood of successfully establishing in Manitoba The holder
of a MNC will be able to subscribe to the various settlement and social services
that are available to newcomers to Manitoba.
Who qualifies for a Manitoba Nomination Certificate?
Under the current rules, prospective applicants are pre screened and assessed under
an evaluation grid comprised of eight major factors with each factor being assigned
a numerical value. These factors include: age, education, occupational demand, guaranteed
employment, experience, language, adaptability and suitability of spouse. As well,
up to ten additional points may be awarded for other factors that in the opinion
of a program officer, may contribute to the applicant's successful establishment
in Manitoba. Applicants, who obtain 55 points, will be considered among other applicants
for a Manitoba Nomination Certificate. Successful applicants will generally include
those who would otherwise not qualify on their own under the federal independent
program and who have an intended occupation on the High Demand Occupation List or
with a qualified offer of employment.
What is the application procedure?
Applications are submitted to the Immigration Promotion and Recruitment Branch -
Citizenship and Multiculturalism Division of the Manitoba Culture, Heritage and
Citizenship Ministry. Following an initial assessment, applicants may be scheduled
for an interview. Successful applicants will be issued a Manitoba Nomination Certificate,
valid for 180 days, in respect of each person being considered by Canada as a provincial
nominee. The applicant and overage dependants would thereafter submit to the appropriate
Canadian visa office abroad, applications for Canadian permanent residence. The
effective selection of the visa office abroad can greatly reduce the overall processing
time which varies from post to post.
How long does it take to obtain a MNC and a permanent resident visa?
Depending upon the time of year, the Manitoba Government's developing processing
procedures under this new program and the Canadian visa office in question as well
as other factors, the processing time for an application for a MNC and permanent
residence filed under the Manitoba selection rules can vary from between 8 months
and 24 months This is the time generally needed to complete the process of a Manitoba
assessment and nomination, receive a MNC, complete the federal statutory health
requirements and obtain a clean bill of health for the applicant and accompanying
dependants; obtain a confirmation of no criminal inadmissibility's for the applicant
and the overage accompanying dependants and demonstrate sufficient assets to successfully
establish the family in Manitoba.
Who is included in the application for a MNC?
The application for a MNC includes the applicant, spouse and unmarried children
under age 19 years. Unmarried children over age 19 years can be included as accompanying
dependants where they have maintained enrolment in an approved education institution,
since attaining the age of 19 years.
Where are applications submitted?
Applications for a MNC must be filed with the Immigration Promotion and Recruitment
Branch - Citizenship and Multiculturalism Division of the Manitoba Culture, Heritage
and Citizenship Ministry in Winnipeg, Manitoba.
What are the prescribed government fees?
There are no prescribed fees under the Manitoba Provincial Nominee Program. Applications
for Canadian permanent residence must include the appropriate non refundable processing
fees. Approved applicants will also be required to pay a Right of Landing fee for
the applicant and each overage age accompanying dependant.
Must the applicant travel to Manitoba as part of the immigration process? (Not
applicable for persons studying or working in Manitoba)
Unless an interview is required in a particular application, the applicant
need not visit Manitoba as part of the immigration process. However under the Factor
- Adaptability, points are awarded for extended temporary visits (a maximum of seven
points for a work or study related stay; a maximum of five points for qualified
visits). The reality is that familiarity with the Manitoba landscape, including
the English or French language, customs and particularly knowledge of the area of
intended destination in Manitoba, can impact positively on the overall assessment.
What documents are submitted along with the application?
Applications filed under the Manitoba Provincial Nominee Program generally include
documents pertaining to the applicant's civil status, education, employment experience
and where applicable, an (approved) offer of employment. In addition, documentation
proving prior visit(s) to Manitoba can provide additional points under the Factor
- Adaptability and therefore positively affect the assessment.
Is full-time employment experience a necessary requirement for skilled worker
applicants?
At least six months of full-time employment experience related to the applicant's
intended occupation in Manitoba, is a necessary preliminary requisite to qualifying
for a MNC and Canadian permanent resident status.
What about the interview process?
Certain applicants may be encouraged to participate in an assessment interview.
An interview may take place in person or by telephone, depending on the circumstances
as determined by a program officer. Generally, an interview would be scheduled to
determine inter alia, whether an applicant will demonstrate factors that may contribute
to the applicant's successful settlement in Manitoba. The interview may likewise
be conducted to ensure the accuracy of the information contained in the documentation
submitted or to verify an applicant's language abilities.
Are assets/personal net worth determining factors in the selection process?
All applicants must have access to sufficient financial resources to cover the first
six months of living expenses. Generally, a sum of $10,000 CDN would be deemed sufficient
for the main applicant. An amount of $2000 would be added for each additional accompanying
dependent. Evidence of settlement funding must be furnished prior to visa issuance.
As well overall personal net worth may contribute to the applicant's successful
settlement in Manitoba and such factor may be taken into consideration by a Manitoba
program officer.
Does it help to have a relative in Manitoba?
Having a close relative in Manitoba can result in a maximum of ten points being
awarded to the applicant.
Must an individual reside in Manitoba in order to maintain permanent resident
status?
At the present time, a Canadian permanent resident residing in Manitoba is, pursuant
to Canadian Constitutional laws, permitted to relocate to any one of the ten provinces
and two territories in Canada. This is a predominantly Federal issue. Under current
Federal legislation, a Canadian permanent resident should not remain outside of
Canada for more than six months in any twelve month period. In some cases, a Returning
Resident Permit may be obtained from the Canadian authorities, which would allow
for continuous absences of up to two years while permanent resident status is preserved.
For example, individuals who wish to complete their studies or honour the terms
and conditions of an existing employment contract may qualify for such a permit.
This is a highly discretionary area of the regulations.
Can Canadian permanent resident status lead to Canadian Citizenship?
As a general rule, individuals with three years of permanent resident status during
the preceding four years can qualify for Canadian citizenship. Generally, actual
physical residence is required. However in a number of instances, non physical residence
has been acceptable. The issue of physical and non physical residence has given
rise to substantial litigation and accordingly merits further consideration by prospective
applicants.
Can foreign nationals who have applied for a Manitoba Nomination Certificate
and Canadian permanent residence category obtain a temporary non immigrant visitor's
visa to Manitoba?
Traditionally, concurrent applications for permanent residence and temporary entry
to Canada have been viewed by visa officers as being incompatible with each other.
Under current Manitoba immigration policy, applicants are encouraged to become familiar
with Manitoba's landscape which assumedly will augment the applicant's likelihood
of successfully integrating into Manitoba society. Indeed, applicants are awarded
additional points for temporary visits. However, applicants are discouraged however
from "waiting" inside Manitoba during the permanent residence application process.
Accordingly, applicants who wish to procure temporary entry into Canada (Manitoba)
and who have pending, an application for a MNC and Canadian permanent residence,
will be required to demonstrate sufficient ties to their current country of residence
prior to the issuing of a temporary visitor's visa by the Canadian visa office abroad.
Is it more advantageous to apply before or after an applicant has researched
the Manitoba labour market?
The various occupations which are open to prospective immigrants to Manitoba are
continuously being revised by the Manitoba immigration authorities to reflect Manitoba's
changing labour market requirements. As well, since the processing of either a permanent
resident, MNC or an employment authorization visa takes months to complete, Manitoba
employers generally prefer to consider the candidacy of applicants who possess the
appropriate legal status to become permanently employed in Manitoba. This increases
the marketability of a potential applicant for the prospective Manitoba employer.
What are the current prospects for employment in Manitoba?
Applicants who are interested in establishing residence in Manitoba are advised
to undertake a preliminary visit/research in order to establish contact(s) with
prospective employers. Applicants are likewise encouraged to avail the various services
offered by the Manitoba Government to prospective immigrants, who may elect to meet
with a program officer within the Ministry.
What are the benefits of engaging the services of an attorney who specializes
in Canadian immigration matters?
Manitoba and Canadian Immigration laws and regulations are highly procedural and
provide for the extensive use of discretionary authority by immigration officers.
Such discretion must be exercised in precise and well defined limits.
As well, Manitoba immigration rules are rather new in relation to the Federal model.
The joint involvement between the Manitoba and Federal governments in the immigration
process often entails a series of complex procedural undertakings which require
the participation of knowledgeable and experienced counsel, who is familiar with
both jurisdictions.
A skilled attorney specializing in this field, will be able to effectively navigate
through the required procedures, recognize the presence of irregularities in the
use of discretionary authority, the misapplication of immigration directives and
guidelines, the misapplication of regulatory definitions and the committing of fundamental
breaches in the duty to act fairly during the assessment process. An experienced
attorney will ensure that such irregularities are raised within the proper legal
delays, and that the issues in question can be properly addressed before a competent
tribunal or court of law.
In practical terms, a reputable attorney will effectively prepare submissions which
satisfactorily address the issues where discretion is a factor. A reputable attorney
will effectively present to the visa office instances of irregularities in the assessment
process which most often will be corrected, thus avoiding the need to avail the
use of the judicial system.
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