Migration to Canada



Canada has a long tradition of welcoming immigrants.  Home to two official languages, English and French, Canada is also a multicultural society, with more than 17% of the population reporting a mother tongue other than English or French.  During the 1990s, Canada received between 200,000 and 250,000 immigrants per year.

 


UN Voted Canada “Best Country in the World”

 

For seven years consecutively, the United Nations rated Canada the top country in the world for overall quality of life.  Canadians enjoy a comfortable standard of living, good health care, social security, a high level of education, and a relatively safe and clean environment.  The Charter of Rights and Freedoms entrenched in the Canadian constitution guarantees such fundamental rights as equality, mobility and legal rights, as well as freedom of speech, assembly and association.

 

A 1999 survey of people in 20 countries found that the majority placed Canada in the top-ten list of countries where they would like to live.  Most consider Canada a generous, peaceful and compassionate nation, while they see Canadians as honest, friendly and polite.

 

 

VERY IMPORTANT

All information provided in this migration section reflects Canada’s new Immigration and Refugee Protection Act which was implemented on June 28, 2002.

 


 

Þ        The Categories…

â      Independent Skilled Workers

â      Business Class

â     Family Class

â      Refugee

Þ        Provincial Nominee Programs

Þ        Quebec Immigration

Þ        The Details...
(Admissibility Requirements)

â      Medical Examinations

â      Financial Requirements

â      Key Definitions

Þ        Who Can Apply

Þ        How Applications are Processed

 

Þ        Settlement Issues

 

Þ        Frequently Asked Questions

 

Þ        More Details

Þ       Living in Canada

Þ        Useful Information Links
 




The Categories…

  

Immigrants are selected either for their economic contribution to Canada or for family reunification.  Canada also fulfils its international humanitarian commitments by accepting a certain number of refugees each year.

 

Independent Category

The economic or independent category includes skilled workers and business immigrants. 

Skilled Workers

Skilled workers provide skills needed by the Canadian labour market.  They should be able to meet the admissibility requirements and are assessed on a points system.  They do not require sponsorship.


Business Class

 

Canada is looking for successful businesspersons with funds to invest and experience in running a business.  Different selection criteria apply to investors, entrepreneurs and self-employed immigrants. 

 

Family Class

Family Sponsored  

 

Family class immigrants are sponsored, and supported financially, by immediate family members who are Canadian citizens or permanent residents of Canada. They are not subject to the points test.

 


Refugees

 

Canada provides a safe home to refugees fleeing persecution. Some are selected abroad for resettlement in Canada; others claim refugee status after arriving in Canada and may be granted protection in Canada.

 
Convention Refugee Definition

 

Canada is a signatory of the United Nations' 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol.  The Convention refugee definition, as presented in the Geneva Convention, is incorporated into Canada's Immigration and Refugee Protection Act.  Convention refugees are persons with a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group.  They are either:

 

v      outside the country of their nationality and are unable or, by reason of that fear, unwilling to be protected by that country; or

v      not having a country of nationality, are outside the country of their former habitual residence and are unable or, by reason of that fear, unwilling to return to that country.

 

Annual Refugee Numbers

 

Each year, in keeping with its humanitarian traditions and international commitments, Canada accepts between 20,000 and 30,000 Convention refugees and other displaced persons.  In 1998, 22,644 refugees became permanent residents of Canada.  According to the 2002 Immigration Plan, Canada plans to accept between 22,100 to 29,300 refugees in 2002.  Roughly, half of these refugees are selected abroad for resettlement in Canada; the others are successful refugee claimants, who arrived in Canada seeking protection and had their claims to Convention refugee status accepted by the Immigration and Refugee Board.

 

For more information about the Refugee Program, contact a Citizenship and Immigration Canada (CIC) office nearest you.

 

 

 

Provincial Nominee Programs

 

The Provincial Nominee Program permits greater involvement of provincial authorities in the selection of immigrants destined to their province.  Citizenship and Immigration Canada (CIC) has entered into a series of bilateral agreements with interested provinces to permit the admission of a limited number of provincial nominees under provisions that exist in the current Immigration Legislation. 

 

To date, agreements have been entered into with British Columbia, Saskatchewan, Manitoba, New Brunswick, and Newfoundland.  These agreements facilitate the selection of persons who, in the estimation of the provincial government, will contribute to the industrial and economic development of that province.

 

 

Quebec Immigration

 

Quebec is responsible for selecting its own immigrants.  Different criteria apply for immigrants to Quebec.  More information can be found in the section Quebec Immigration & Provincial Nominee Program. 

 

 

 

The Details…

 (Admissibility Requirements)

 

Medical Examinations

  

You must pass a medical examination before coming to Canada. Your dependants must also pass a medical examination even if they are not coming with you.

 

Applications for permanent residence will not be accepted if that person's health:

 

v      is a danger to public health or safety;

v      would cause excessive demand on health or social services in Canada; or

v      would affect potential employability or productivity.

 

Medical Examination Instructions

Instructions on how to take the medical examination will normally be sent to you after you submit your application to the Visa Office.

 

Validity

You can only use your examination results in your application for 12 months from when you had the examination. If your visa is not processed in this time, you will have to take another examination.

 

Authorized Doctors

Your own doctor cannot do the medical examination. You must see a physician on Canada's list of Designated Medical Practitioners.

 

Medical Report Procedures

Medical reports and x-rays for the medical examination become the property of the Canadian Immigration Medical Authorities and cannot be returned to you. The doctor will not tell you the results of the medical examination. The doctor will let you know if you have a health-related problem.

 

The DMP does not make the final decision. Citizenship and Immigration Canada will make the final decision on whether or not your medical examination has been passed for immigration purposes.

The Visa Office will tell you in writing if there is a problem with your medical examination.

 

 

Financial Requirements

 

The Government of Canada does not provide financial support to new skilled worker immigrants.

 

You must show that you have enough money to support yourself and your dependants for at least six months after you arrive in Canada. You cannot borrow this money from another person. You must be able to use this money to support your family.

 

You will need to provide proof of your funds when you submit your application for immigration. The amount of money that you need to have to support your family is determined by the size of your family.

 

Number of Family
Members

Required Funds
(in Canadian dollars)

1

$9,186

2

$11,482

3

$14,280

4

$17,286

5

$19,323

6

$21,360

7 or more

$23,397

 

You do not have to show that you have these funds if you have arranged employment in Canada.

 

How much money should you bring?

Find out how much it costs to live where you are planning to settle in Canada.

v     Bring as much money as possible to make moving and finding a home in Canada easier.

Disclosure of Funds
If you are carrying more than CDN $10,000, tell a Canadian official when you arrive in Canada. If you do not tell an official you may be fined or put in prison. These funds could be in the form of:

v     cash;

v      securities in bearer form (for example: stocks, bonds, debentures, treasury bills); or

v      negotiable instruments in bearer form (for example: bankers' drafts, cheques, travellers' cheques, money orders.)

 

 

Key Definitions

 

Read the following definitions carefully.

Accompanying dependent

A spouse or a dependent child of the principal applicant who intends to obtain permanent resident status in Canada.  Accompanying dependents can travel separately from the principal applicant but must not arrive in Canada before the principal applicant.

Arranged employment

A guaranteed job offer from a Canadian employer that has been validated by a Human Resources Canada Centre certifying that no suitably qualified Canadian or permanent resident is available to fill the position.

Background check

Checks conducted by Immigration Canada in all countries in which you and your dependents have lived, to determine if you have any arrests or convictions or are a security risk to Canada.

Business immigrant

A person who meets Canada's selection criteria as an investor, entrepreneur, or self-employed applicant, and is accepted to immigrate to Canada.

Certificat de sélection du Québec (CSQ)

A document issued by the Ministère des Relations avec les citoyens et de l'Immigration (MRCI), indicating that an immigration candidate has been accepted to live in the province of Quebec upon arrival in Canada.

Close relative

A close relative is the brother, sister, mother, father, grandparent, aunt, uncle, niece, or nephew of the principal applicant or his/her spouse.

Cost Recovery (CR) fees

Fees established to enable Immigration Canada to recover a portion of the cost of processing an application.  A refund cannot be issued should the application be refused, as the fees apply to the processing of an application and not the issuance of a visa.

Dependent

A spouse or a dependent child of the principal applicant.

Dependent children

Daughter(s) and/or son(s), including a child adopted before the age of 22, who:

²      are under the age of 22 and unmarried; or

²      have been continuously enrolled and in attendance as full-time students in an educational institution and financially supported by their parents since turning 22 (or from the date of marriage if married before the age of 22); or

²      are unable to support themselves due to a medical condition and are financially supported by their parents. (Note: Some disabilities may result in refusal for medical reasons.)

Engagement

An undertaking signed by a sponsor indicating that a commitment has been made to the Government of Quebec to provide for the essential needs of an immigrant and dependents who will live in the province of Quebec upon arrival in Canada.

Human Resources Canada Centre

Local office of Human Resources Development Canada (HRDC), which provides advice on local labour market conditions and job opportunities.

Independent immigrant

A person with specific occupational skills, experience, and personal qualifications, who meets Canada's selection criteria and is accepted to immigrate to Canada.

National Occupation Classification List A list of all occupations categorized as Skill Type O and Skill Level A or B.

Non-accompanying dependent

A spouse or dependent child of the principal applicant who does not intend to immigrate to Canada.

Permanent resident

A person lawfully in Canada as an immigrant who is not yet eligible for, or has not yet been granted, Canadian citizenship.

Provincial nominee

A person nominated by a province and holding a nomination certificate.

Right of Permanent Residence Fee
(RPRF)

A fee paid to obtain permanent residence in Canada.  The fee is partial compensation for the many benefits and privileges that permanent resident status confers.  It is to be paid by any person 19 years of age or over who is granted permanent residence in Canada.

Sponsor

A Canadian citizen or permanent resident, 18 years of age or older, who has signed an undertaking to assist a member of the family class.

Spouse

A person of the opposite sex to whom the applicant is legally married.

Undertaking

An official and binding document signed by a sponsor and approved by the immigration authorities, indicating that a commitment, for a specific number of years, has been made to the Government of Canada. This commitment is to provide for the essential needs (lodging, care and maintenance) of a family member, and his/her accompanying dependents (if applicable), who apply to immigrate to Canada.

Visa office

A Canadian immigration office outside Canada, located at a Canadian Embassy, High Commission, or Consulate.

 

 

 

Who Can Apply

 

Immigrants must apply at a visa office outside Canada. If you are visiting Canada and decide you want to live here, you will still be required to apply for permanent residence from abroad.

 

If your application shows that you will probably settle successfully in Canada, you will be called to a personal interview.  If your application is approved, the visa officer will give you information about working and living conditions in Canada and answer any questions you may have about the country.

 

     Anyone can apply to immigrate to Canada. 

   If you are married, you or your spouse can apply.     

 

 

 

 

You may include your spouse or common-law partner and dependent children.  Your spouse/common-law partner and any child aged 18 or over must complete a separate application form.  If you do not intend to have your family accompany you, they still need to undergo medical examinations and background checks (see above).

 

You will need to pay a processing fee for yourself and each accompanying family member, which will not be refunded if your application is refused.  Your application will not be considered until the processing fee is paid.  You also need to pay a Right of Permanent Residence Fee (RPRF) for each adult in the family, which is refundable if you are not accepted.  Payment of the RPRF can also be deferred, but it must be paid before a visa is issued.  You will be told if you need to appear for an interview or provide more documentation.

 

All immigrants must meet health and security requirements.  You will need to pass a medical examination and all adults must produce police certificates for the countries where they have lived.  An applicant with a criminal record or who presents a security risk is likely to be refused admission to Canada.  See “The Details...” above.

 

 

The visa is valid until the validity of the medical assessment expires,
which is one year from the date of the medical examination. 

 

You should go to Canada before the visa expires,
or you will have to reapply.

 

 

 

How Applications are Processed

 

Every effort is made to process applications as quickly as possible.  But every year the number of qualified persons who want to immigrate to Canada is much greater than the number of persons the government plans to admit.  The speed with which your application will be processed will depend upon the priorities in effect at the time you apply. 

 

Unnecessary inquiries on the status of your application may slow the process.  Please contact the visa officer only when you have been asked to do so, unless you have new information, such as a change of address or marital status.  You should also wait until you have been issued your immigrant visa before quitting your job and selling or giving away your possessions.

 

 

The Assessment Process

 

A Visa Office will process your application. The Visa Office may process your application differently depending on your application and the Visa Office. Some processing steps are common to all Visa Offices.

 

After you submit your application, a Citizenship and Immigration Canada (CIC) officer will check to see that you submitted everything with your application. The officer will make sure that you:

 

v     completed your application form correctly;

v      paid your application fee correctly;

v     and included all supporting documentation.

 

If your application is not complete, CIC will return it to you without starting to process it.

 

Your Visa Office will send you a letter when they receive your completed application. The letter will tell you what you need to do and what happens next.

 

 

Delay Factors in Processing

 

The following factors may cause delay to the processing of your application:

 

v      incomplete or unsigned application forms;

v      incorrect or missing fees;

v      incorrect, incomplete address or failure to notify the visa office of a change of address;

v      missing documents;

v      unclear photocopies of documents;

v      documents not accompanied by a certified English or French translation;

v      verification of information and documents provided;

v      a medical condition that may require additional tests or consultations;

v      a criminal or security problem;

v      family situations such as impending divorce, or custody or maintenance issues;

v      completion of legal adoption;

v      consultation is required with other offices in Canada and abroad;

v      inquiring about the status of your application before the standard processing time has elapsed;
or

v      you are not a permanent resident of the country in which you currently reside.

 

It is an offence under the Immigration Act knowingly to make a false or misleading statement in support of an application for permanent residence in Canada.

 

 

The Decision on Your Application

 

The CIC officer will make a decision on your application based on the points you accumulate in the six selection factors. The officer will also evaluate your ability to meet the Required Funds amount for the size of your family (see above). The Visa Office will contact you if they need more documentation or if you have to come in for a personal interview.

 

 

Confirmation of Permanent Residence

 

You will be given a Confirmation of Permanent Residence (COPR) if your application is successful. The COPR will have identification information as well as a photo and your signature. You must bring the COPR to the Port of Entry with your visa when you enter Canada.

 

Settlement Issues

 

Settlement & Integration Services & Programs

 

Settlement assistance is available to all immigrants (including refugees) through a variety of programs and services designated to help newly arrived immigrants become self-supporting and participating members of Canadian society as soon as possible.  Eligibility criteria apply to some of the programs and services.

 

Overseas, these services may include counselling and cultural orientation, and loans to help with transportation to Canada.  Services in Canada may include information and orientation, referral to community resources, language training, translation and interpretation, and help in finding a job.

 

Settlement programs and services are delivered through a network of regional settlement units, Canada Immigration Centres (CICs) and Canada Employment Centres (CECs), and non-governmental organizations (NGOs).  See Getting Settled for more information.

 

Canada is a Bilingual Country

 

Canada has two official languages – English and French.  An understanding of one of the official languages will greatly improve your ability to integrate successfully in Canada.  Before you leave for Canada, try to learn one or both of the languages, depending on where you plan to live. 

 

 

 

Frequently Asked Questions

 

About the Application...

 

What fees must I pay?

 

Your sponsor must pay a Cost Recovery (CR) fee to pay for the processing of your application.  The CR fee is non-refundable, even if your application is refused.  The Right of Permanent Residence Fee (RPRF) is required of every adult aged 18 or over in your family but, unlike the CR fee, is refundable if an Immigrant Visa is not issued or used, or if you withdraw your application.  The RPRF can be paid at any time during the application process, but must be paid before an Immigrant Visa can be issued.  You will also have to pay other fees such as those related to obtaining a medical examination and a police certificate.  For details of the fees, see CIC Fees & Charges.

 

(Note: CR and RPRF are not applicable to non-accompanying family members, or to family members who are already permanent residents of Canada.)

 

Who is included in my application?

 

If you are married, your spouse should be included as a dependent.  You must also include on your application all dependent children whether they are accompanying you to Canada or not.  (See "Key Definitions" above for a definition of "dependent children".)  Your dependents must undergo and pass background checks and medical examinations.  All dependents 18 years of age or over must complete their own individual application form.

 

If I have children from a previous relationship, must I list them on my application form if they do not live with me?

 

Yes.  You should list these children on your application form even if they will not be accompanying you.  You must also use the Additional Family Information form to provide details of all your sons and daughters, including adopted children and stepchildren.  Where custody arrangements have been made, you should provide copies of the custody documents.

 

What about my dependents who will not accompany me to Canada?

 

All of your dependents, whether they will accompany you to Canada or not, must be included in Part A - Personal Details of your Immigrant Application Form.  In addition, each dependent 18 or over, must complete his/her own application form.  All of your dependents, whether they will accompany you to Canada or not, must pass medical examinations and background checks.

 

What happens if my circumstances change from the time I submit my application?

 

When you have signed the form, it becomes a legal document and the information you have provided must be truthful, complete and correct.  It is an offence under the Immigration and Refugee Protection Act knowingly to make a false or misleading statement.  If any information changes before you arrive in Canada, you must inform in writing the visa office to which you applied.  This is true even if your visa has already been issued.

 

Do I need a passport or travel document?

 

You and your dependents must have valid passports or travel documents.  If any of the documents are to expire soon, you should renew them.  Diplomatic, official, service or public affairs passports cannot be used to immigrate to Canada.  You must have a valid regular or private passport when you arrive.  The validity of your visa may be affected by the validity of your passport.

 

Must I or other members of my family attend an interview?

 

A visa officer will review your application and decide if an interview is necessary.  If so, you will be informed of the time and place.  Your spouse and dependent children aged 18 or over may be asked to accompany you to the interview.  The visa officer may ask about your job, work experience, education, reasons for migrating, plans and preparations.  The officer may also ask about your family, spouse and/or dependents, or about your health, financial situation, or past difficulties with the law.  There may also be questions to determine your ability to settle successfully in Canada.

 

Do professionals need registration and licensing to work in Canada?

 

In Canada, approximately 20% of occupations are regulated to protect the health and safety of Canadians (e.g., nurses, engineers, teachers, electricians).  People who want to work in regulated occupations need to obtain a license from a provincial regulatory body.  Licensing requirements often include education from a recognized school, Canadian work experience and completion of a technical exam.  Fees for exams can be costly and are the responsibility of the applicant.  Final assessment by the provincial authority can only be made once you are in Canada with permanent resident status.

 

For how long is my Immigrant Visa valid?

 

The validity date is based upon the earlier of: your or your dependents' passport validity date(s), or the medical validity date(s).  Medical examination results are valid for 12 months after the initial medical examination.  Immigrant visas cannot be extended once issued.  If applicants do not use the visas within their validity, they must reapply for immigration to Canada.

 

I intend to live in the province of Quebec upon my arrival in Canada.  Are there any special requirements for immigrating to this province?

 

Yes.  If you wish to live in the province of Quebec, you must apply directly to the province for preliminary approval. Under the Canada-Quebec Accord, Quebec is entitled to select its own immigrants. See Quebec Immigration for details of the selection criteria and application procedure of skilled workers and businesspeople.

 

 

About the Medical Examination...

 

Is there a medical requirement for immigrating to Canada?

 

Yes.  You and your dependents, whether accompanying you or not, must undergo and pass a medical examination.  To pass the medical examination you or your dependents must not have a condition that is a danger to public health or safety or would cause excessive demand on health or social services in Canada.

 

Can my own doctor do the medical examination?

 

No.  A physician on Canada’s list of designated medical practitioners (DMP) must do the examination.

 

Will I receive a copy of the medical report and the result of the medical examination?

 

All medical reports and X-rays for the Immigration Medical Examination become the property of the Canadian Immigration Medical Authorities and cannot be returned to the applicant.  The DMP will not advise you of the results of the medical.  However, he/she will advise you if you have a health-related problem.  The visa officer and not the DMP makes the final decision on whether or not a medical examination has been passed for immigration purposes.  The visa office will inform you in writing should there be a problem with your medical examination.

 

For how long is the medical examination valid?

 

The medical examination is valid for twelve (12) months from the date of the first medical examination.  If your visa is not processed in this time, you must undergo another complete medical examination.

 

Must everyone in my family have a medical examination?

 

Yes.  All of your dependents who are not already permanent residents or Canadian citizens, whether they will accompany you to Canada or not, must undergo a medical examination.

 

My children are studying abroad and cannot return home for their immigration medical examination for another six months.  I do not want to delay my application.  What should I do?

 

Whenever possible, the same DMP should perform the medical examination of all family members.  If this is not possible, advise the visa office that your dependents are abroad and the visa office will arrange to have their medical examinations done by a DMP closer to their place of study.  The visa office will forward a copy of the Medical Report: Section A, Client Identification & Summary to them, with the addresses of their nearest DMP.  The visa office will fill in the tombstone data and affix a photograph of your dependent to the form.

 

The Visa Office & Number section of this form must have the name of the visa office where your application is being processed.  The DMP doing the medical examination of your dependents must also forward their complete medical reports to the same Canadian medical office that received your report.  Your dependents' medical examination reports will be matched with your file, as the medical report form will carry your file number.

 

Note: Medical instructions will normally be sent to you after you submit your application to the visa office.

 

I do not understand "excessive demand" or whether my ailment would place an excessive demand on Canada's health or social services.  Can you tell me more?

 

This term refers to the significant burden placed on Canada's health or social services due to ongoing hospitalization or medical, social or institutional care for physical or mental illnesses, or special education or training.  Individuals may be denied admittance to Canada due to the high costs of their care.  The factors considered during the medical assessment include whether or not hospitalization or medical, social or institutional care are required and whether potential employability or productivity could be affected.  For example, a person with a serious disease or psychiatric disorder requiring ongoing care or hospitalization may be inadmissible because their requirements would place "excessive demand" on the Canadian health-care system.  Individuals with developmental delay or congenital disorders who require special education or training to lead an independent life may also be inadmissible.  Other conditions, which could place a significant financial burden on Canada’s health or social services, would also render an applicant medically inadmissible.

 

Can the DMP advise me regarding my application?

 

No.  The DMP is only responsible for conducting a medical examination in accordance with Canada's immigration requirements.  The DMP cannot provide any advice on the immigration process.

 

 

Upon Arrival...

 

What happens when I arrive in Canada?

 

When you arrive, you must present your Confirmation of Permanent Residence (COPR) to a Canadian customs or immigration officer at your first port of entry.  The officer will check your visa and travel document and ask you questions similar to those on the Immigration Application Form to verify that you are of good character and in good health.  If there are no difficulties, the officer will authorize your admission to Canada as a permanent resident.

 

What settlement services are available?

 

Canada has a highly effective network of organizations that provide settlement services to new immigrants.  Find out all you need to know about these organizations in the Getting Settled section.

 

Can you help me find a job?

 

Unfortunately, HMLC does not provide recruitment services. Human Resources Development Canada (HRDC) Centres are available to assist all Canadian citizens and permanent residents in finding employment. The most effective way to find employment are resources such as newspapers, private recruitment agencies and via contacts. See Employment for more information about finding a job. Also, the settlement organizations mentioned above can help in this regard.

 

After obtaining permanent resident status in Canada, what if I need to return to my country to settle my affairs?

 

Permanent residents may leave and re-enter Canada as often as they wish, provided they comply with residency obligations. Permanent residents comply with residency obligations if they accumulate two years of physical presence in Canada in every five-year period.

 

If they are outside Canada for extended periods of time, they can accumulate residency days if they are:

 

v      accompanying a Canadian spouse or common-law partner, or are a child accompanying a parent, or

v      employed on a full-time basis by a Canadian business or the Public Service of Canada, or

v      the accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and who is employed on a full-time basis by a Canadian business or the Public Service of Canada.

 

See the Permanent Residents section for more information.

 

 

 

More Details

 

This section has information about CIC fees and charges, and information about international educational assessments.

 

 

 

Living in Canada

 

Learn all about life in Canada.  The pages in this section discuss topics such as moving to Canada and getting settled, finding employment, finding a home, education, healthcare, starting a business, banking, and government and law. 

 

 

 

Useful Information Links

 

Find many useful links to employment/job websites, essential government and education websites, and links information/entertainment sources.

 

 

 

 

 

 

 

 

Source: Citizenship and Immigration Canada, 2002.
© IANCAN Consultants, 2004. All rights reserved. 
This representation is intended for referral only, as a guideline of overall regulations governing immigration. 
Further, it does not represent complete procedural requirements or constitute legal advice.