Canada PR through Yukon Nominee Program (YNP)

Author: Parminder Singh LL.B (Canada)

Canada is divided into 10 Provinces (States) and 3 territories. Yukon is one of Canada’s 3 territories. This territory has agreement with the Federal Government of Canada to nominate applicants for Canada PR status according to its economic demands. There are two paths to Immigration to Canada through YNP.

  1. Employment Based Nomination
  2. Investment Based Nomination

Briefly, in order to qualify for Canada PR status under Yukon Nominee Program, an applicant must have either a job offer from Yukon to qualify under skilled worker category or he must have $250,000 net worth to qualify under investment category. Both skilled and unskilled workers are eligible.

1. EMPLOYMENT BASED NOMINATION

Eligibility

The applicant must

  • have a job offer from an employer in Yukon
  • fulfill job requirements under applicable NOC code
  • score bands in IELTS (general) as follows : for unskilled workers 4 bands, for skilled workers 5 bands and for managers or professionals 6 bands in each of the components.
  • have 6 months of experience for job

The employer must

  • have advertised for the job for 4 weeks
  • be able to prove unavailability of workers in Canada or Yukon though active recruitment efforts such as advertisement
  • have been in business for a year

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2. INVESTMENT BASED NOMINATION

  1. Eligibility
  2. Priority business sectors
  3. Process
  4. Processing time

1. Eligibility

An applicant must

  • have 5 years of experience as a senior manager or owner of a business
  • have $250,000 net worth, out of which, $150,000 must be liquid assets such as cash, fixed deposits, bonds, stocks etc.
  • have visited Yukon for the purpose of exploring business
  • be able to purchase a business alone or in partnership with 33% share greater than or equal to $150,000
  • have 50% share in business after 5 years
  • IELTS 6 bands in each component

2. Priority Business Sectors

Currently, the following business sectors are given priority in Yukon

  • Tourism Attractions and Services
  • Film and Video Production
  • Information Technology
  • Mining and Mineral Development
  • Energy
  • Manufacturing
  • Value-added Processing
  • Cultural Industries
  • Agriculture
  • Forestry

Ineligible Business Sectors

  • Restaurants
  • Real Estate Rental
  • Financial Services
  • Passive Investments
  • Most professional services
  • Retail, wholesale and distribution services
  • Business and Personal Services

3. The Process

The application is submitted to Yukon which nominates the applicant to the Federal Immigration for a 2 year work visa.

The application is submitted to the Federal Government for verification of documents and medical and security checks.

Yukon grants nomination for Canada PR, if the applicant has established a business before or after 2 years or work visa

4. Processing time

  • 1 week to review the application by Yukon Immigration
  • 2 to 4 weeks to review the detailed application by Yukon Immigration
  • 2 to 10 months to process the Canada work visa application by Canadian Visa Office

Canada PR through Manitoba Provincial Nomination Program

Author: Parminder Singh, LL.B (Canada)

Note: For current information on Manitoba Skilled Worker Overseas immigration program, see our article dated 19 May 2015 and for Skilled Worker in Manitoba or Canada, check our article dated 26 May 2015

Note: For current information on Manitoba rules program, see our Manitoba article dated June 21, 2014

Manitoba is one of Canada’s 10 provinces. Manitoba Provincial Nomination Program (MPNP) is a two-step process. In the first step, the application is submitted to the Manitoba immigration, which is responsible for an applicant’s nomination for Canada PR status. In the second step, the application is submitted to the Canadian Federal Immigration department which is responsible for verifying an applicant’s documents and his medical and security checks.

There are two ways to Immigration to Canada thorough Manitoba Immigration Nominee Program

  1. International Students Graduates or Workers who have been working in Manitoba for at least 6 months
  2. Skilled workers overseas

Salient features

  • Anyone  who has remained in Manitoba as a student for a year or has worked there for 6 months may be eligible to immigrate to Canada
  • Anyone who does not have a  connection to Manitoba either through a relative or a friend or through work or study in Manitoba is not eligible
  • Manitoba immigration works through online and off line submission of applications
  • All communication is done via emails unless requested otherwise
  • Manitoba Immigration does not provide processing times for immigration applications

Point System

An applicant must score 60 points on Manitoba Immigration selection grid and MUST have strong connection to Manitoba either through a relative or a friend or through work or study in Manitoba:

The application is determined based on an applicant’s connection to Manitoba and his potential to economically establish in Manitoba, which is demonstrated through

  1. Connection to Manitoba,
  2. Language ability,
  3. Education and  experience,
  4. Settlement plan and settlement funds

1. Connection to Manitoba

In addition, an applicant MUST have strong connection to Manitoba demonstrated through ONE OR MORE of the following factors

  • Having a close relative in Manitoba
  • Having a distant relative or a friend in Manitoba
  • Having a job offer from Manitoba
  • Having at least a year’s study in Manitoba
  • Having at least 6 months work experience in Manitoba
  • Having an invitation to apply under recruit mission or exploratory visit

2. Language

CLB 4 is required of all applicants, but an applicant must as well demonstrate that he has sufficient language skills for the type of skill category under which he is applying. For example, a doctor cannot be expected to perform his job duties with a score of CLB 4. Hence his application may be refused for lack of language abilities even if he has passed the minimum language threshold of CLB 4 (CLB 4 is equivalent to IELTS Listening 4.5; Speaking 4; writing 4; reading 3.5).

3. Employability

An applicant’s employability is assessed through his education and experience. However, even if an applicant scores 60 points on the selection grid, his application may be refused, if he does not fulfil the licensing requirements of his job in Manitoba.  Hence, all applicants must look into whether or not their professions are licensed, and if so, whether or not they fulfil the licensing requirements of their professions in Manitoba. This does not mean, however,  that applicants must be licensed before entering Manitoba, rather this only means that they must be able to fulfil basic educational and other requirements posted on the website of the regulatory body responsible for the applicants’ profession in Manitoba.

Even if there is no licensing requirement for an applicant’s skilled trade in Manitoba, his application may also still be refused, if the current labour market conditions are negative for his skilled trade. This means that if an applicant is applying under a skilled trade for which Canadian Labour Market does not have positive outlook or demand, the application for Manitoba Nomination may be rejected. The Manitoba immigration draws its conclusions with respect to labour market outlook or future demand as per HRSDC’S (Human Resource and Skill Development Canada)  labour market outlook.

4. Settlement plan and settlement funds

All applicants must write a good settlement plan, demonstrating  that they have ability to adapt to and settle successfully into Manitoba .

An applicant must demonstrate that he has stronger ties to Manitoba than any other province of Canada.

As well as, he must also establish that he has taken short term and long term steps to integrate into Manitoba labour market. The short term steps could be initiatives taken by an applicant to find a short term job while preparing for licensing examinations for a regulated profession. An applicant must demonstrate that he has taken steps to find a job before landing in Manitoba. This does not, however, mean that he must have a job in hand before landing in Manitoba.

In addition, all applicants MUST also prove that they have at least $10,000 plus $2000 for each dependant family member to survive in Manitoba while looking for a job.

Processing times

Manitoba Immigration does not provide processing times for immigration applications nor do they respond to application status queries.

Review of Refusal Decision

Manitoba immigration’s refusal may be reviewed on certain grounds where the decision was not made according to current rules. The refusal decision cannot be reviewed, if it was solely based on an applicant’s weak connection to Manitoba.  The appeal for review must be made to Manitoba Immigration via email within 60 days of the refusal.

 

 

Quebec Immigration Program

Author: Parminder Singh, LL.B (Canada)

An easier way for Immigration to Canada without a Job offer

Quebec is Canada’s one of the ten Provinces, where French is the dominant language of daily life. With respect to selection of immigrants, the Province of Quebec is the only Province which is independent from the Federal or Central Government of Canada.

The applicants are first issued Quebec Selection Certificate (QSC) by the Quebec immigration. In the 2nd stage, the applicant applies to the Federal Government’s immigration department for Canada PR status. The Federal Government of Canada performs health and security checks and grants admission to the applicant.

An applicant’s intention to settle in Quebec is the decisive factor in obtaining Quebec Selection Certificate and  even after landing in Canada, the applicant must stay in Quebec for at least 1.5 years in order to maintain his Canada PR status.

Quebec immigration program has 5 classes of applicants who are eligible for Immigration to Canada:

  1. Skilled Workers Class[i]
  2. Quebec Experience Class[ii]
  3. Business Class [iii]
  4. Family Class [iv]
  5. Refugees [v]

1. QUEBEC SKILLED WORKERS CLASS

Features

  • Quebec Immigration gives priority processing to the Applicants whose skilled training is on the Quebec Area of Training List.
  •  Job offer from Canada is not necessary as is the case under Provincial Nominee Programs for other Canadian provinces.
  • To qualify for a Quebec Selection Certificate, a single or unmarried applicant must score 49 points. A married applicant must score 57 points.
  • French is not required to apply, if an applicant scores required points. However, it is strongly recommended to learn French.

Quebec Skilled Worker Point Criteria[vi]

  1. Quebec Education/Training criterion: Up to 28 points (Must have 12 years of education, More points for education in Quebec Area of Training occupations)
  2. Validated Employment Offer: Up to 10 points (10 points if job offer is from outside Montreal, 6 points if job offer is in Montreal)
  3. Experience: Up to 8 points (4 points for 6 months experience, 6 points for 2 years or more experience, 8 points for 4 year experience)
  4. Age: Up to 16 points (18-35 years, full 16 points; Deduction of 2 points per year after 35)
  5. Language Proficiency: Up to 22 points (Up to 6 points for English and 16 Points for French); (4 points for 5 bands in listening and speaking, 6 points for 7.5 in listening and 6.5 in speaking; 16 points for High Level in French)
  6. Stay and Family in Quebec: Up to 8 points
  7. Spouse’s Characteristics: Up to 16 points
  8. Children: Up to 8 points ( 4 points for child aged 0-12 years; 2 points for child aged 13-21)
  9. Financial Self-Sufficiency: 1 point (Must sign a contract with the Quebec government that the applicant will have funds for 3 months survival without a work in Quebec, application will be refused without 3 months settlement funds)
  10. Adaptability: Up to an additional 6 points may be awarded for interview. if an interview for Adaptability is conducted, a single applicant must score a minimum of 55 points and a married applicant must score 63 points. Points are awarded according to an applicant’s knowledge of Quebec culture, job market, knowledge of French and rental accommodation.

NOTE: On August 5, 2015 adaptability factor is removed from selection point grid.

2. QUEBEC EXPERIENCE CLASS

Quebec immigration processes applications under these programs within 20 days. This program is for those who have worked or studied in Quebec.

a. Skilled Workers

b. Students

a. SKILLED WORKERS

Eligibility

  • Experience: One year work experience in Quebec in 2 year prior to application for Quebec Immigration.
  • French: Intermediary Level of French language or prove that you have required French proficiency for your job.

b. STUDENTS

Eligibility:

  • Study in Quebec for two years
  • French:  Intermediary level in French if the applicant’s language of instruction during study was not French.
  • No job offer required to qualify for Immigration to Canada as is the case in Federal Canadian Experience class.

3. QUEBEC BUSINESS CLASS

The investor program usually reaches its CAP quickly. Please check before applying whether new applications are being taken. 

  1. Investors
  2. Entrepreneurs
  3. Self Employed individuals

a. INVESTORS

Eligibility

  • Legally obtained net worth property/cash of $1.6 million. Donations 6 months old at the time of application are not accepted.
  • Two year business experience.
  • An applicant must invest $800,000 in a Quebec government investment scheme. The $800000 is refunded after 5 years without an interest. Canadian banks can finance $800,000 against an applicant’s overseas property on a lower interest rate. An applicant need not sell overseas property to to fulfil 800,000 deposit requirement in order to acquire Canada Immigration PR status.

b. ENTREPRENEURS

Eligibility

  • A $300,000 in property/cash
  • Business or Farm management experience: 2 year
  • Ability to purchase a business in Quebec either alone or in partnership with at least 25% share worth at least $100,000. The business must generate one job other than an applicant’s own job.
  • The agricultural entrepreneur is not required to create or maintain full-time employment.
  • An applicant must fulfill this condition for at least one year during the three years after obtaining Canada Immigration PR status.

c. SELF EMPLOYED INDIVIDUALS

Self-employed individuals, as described in National Occupation Classification (NOC), include individuals such as athletes, farmers and artists (Stage, Film, Radio, TV and Fine Art).

Eligibility

a)      A net worth of $100,000

b)      At least 2 year experience in an intended trade

4. QUEBEC FAMILY CLASS

A Canadian citizen or PR living in Quebec can sponsor following close relatives to immigrate to Canada:

  • spouse or common law partner
  • dependent child
  • father, mother, grandfather or grandmother
  • orphaned sibling, nephew/niece and grandchild, who is under the age of 18, and not married or in a live-in relationship
  • an adopted child
  • any relative, regardless of age or degree of relationship, where the Québec resident does not have a spouse or de facto spouse, child, parent, grandparent, sibling, uncle, aunt, nephew or niece.

5. QUEBEC REFUGEE CLASS[vii]

Quebec immigration accepts refugees recognized by the Canadian government from within Canada and from abroad.

Where a foreign national is in the class of foreign nationals in a particularly distressful situation, the Minister may issue the selection certificate if in the Minister’s opinion the foreign national has settled or has ability to settle successfully in Québec .

Under its humanitarian consideration, Quebec may grant a selection certificate to a person in a particularly distressful situation even when a stay on removal orders has been canceled by the Canadian government or a Canadian court.[viii]

Order of Priority[ix]

For all the classes mentioned above, the processing priority is given in the following order:

  1. Family Class (Spouses)
  2. Persons in particularly distressful situations
  3. Quebec Experience Class (Students and workers in Quebec)
  4. Persons with Validated job offers
  5. Skilled Workers Class in the following order (Preferred Area of Training list, Any other skilled worker)
  6. Business Class applicants in the following order (Self-employed, Entrepreneur, Investor)
  7. Family Class (All relatives in family class, except spouses)

REFERENCES

  • (s. 18, 19, 21, 22, 27, 38.1, 38,2), Regulation Respecting the Selection of Foreign Nationals, RRQ, c I-0.2, r 4, retrieved on 2013-03-30,
  • s.1, Regulation respecting the weighting applicable to the selection of foreign nationals, RRQ, c I-0.2, r 2, retrieved on 2013-03-30,
  • An Act respecting immigration to Québec, chapter I-0.2, s. 3.3


[i] s.21, Regulation Respecting the Selection…

[ii] s. 38.1, 38.2,

[iii] s.21,

[iv] s.19,

[v] s.18,

[vi] s. 1, Regulation respecting the weighting…..

[vii] s.18,

[viii] s. 18(c)(d), s.27 (3), s. 27(4.1)

[ix] s.22

 

Canada Family Class Immigration

FAMILY CLASS [i]

The following members of family class are eligible to apply for Canada PR status:

  1. Spousal class
  2. Parental class
  3. Adoption class
  4. Other Relatives class
  5. Provincial Nominee class

1. SPOUSAL CLASS

Eligibility: An applicant is eligible for immigration to Canada under spousal class,  if he/she is married to or in a common law relationship with a Canadian Citizen or PR of opposite or same sex.

Processing time: It takes 4 to 6 months in India.

2. PARENTAL CLASS

Eligibility: Parents and grandparents of Canadian citizens or PR are eligible for Canada PR under this class. This program is paused at this time. In the meantime, parents are eligible to visit their children on a visitor visa.

Processing time:  3 years in India.

3. ADOPTION CLASS

Adopted children, under the age of 18, of Canadian Citizen or PR are eligible to immigrate to Canada under this class.

Adopted children over the age of 18 are eligible for sponsorship by a Canadian citizen or PR, if the adoption conforms to the laws of both the sponsor’s country and the sponsored person’s country.

4. OTHER RELATIVES

Eligibility: A Canadian citizen or PR can sponsor his/her

  • Sibling, nephew, niece, grandchild, who is orphaned, under 18 years of age and unmarried; or
  • Any other relative, if the Sponsor does not have any living relative listed above and no relatives living in Canada who are Canadian citizens or PR (spouse, child, parents, grandparents, nephews, nieces, uncle and aunt).  A sponsor is allowed to sponsor  one relative only.

Processing time:  Currently in India, it takes 61 months.

5. PROVINCIAL NOMINEE CLASS (FAMILY STREAM)

The Provincial Family class stream allows siblings, cousins, nephews, nieces, and friends, while Federal Family Class Program only allows spousal and parental sponsorship for Canada PR Status.

Parminder Singh LL.B (Canada), Singh & Associates-Lawyers

 REFERENCES

Immigration and Refugee Protection Act Regulations

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/index.html

Regulations R-75, 86, 87, 87.1, 87.2, 88, 90, 97, 100, 116, 138


[i] R116: Family Class

Canada Immigration PR Guide

 A Concise Guide to Immigration to Canada

Author: Parminder Singh LL.B (Canada)

Immigration to Canada is possible in four ways

  1. Family class
  2. Skilled workers class
  3. Business  class
  4. Refugee class

1. FAMILY CLASS [i]

The following members of family class are eligible to apply for Canada PR status:

  1. Spousal class
  2. Parental class
  3. Adoption class
  4. Other Relatives class
  5. Provincial Nominee class

1. SPOUSAL CLASS

Eligibility: An applicant is eligible for immigration to Canada under spousal class,  if he/she is married to or in a common law relationship with a Canadian Citizen or PR of opposite or same sex.

Processing time: It takes 4 to 6 months in India.

2. PARENTAL CLASS

Eligibility: Parents and grandparents of Canadian citizens or PR are eligible for Canada PR under this class. This program is paused at this time. In the meantime, parents are eligible to visit their children on a visitor visa.

Processing time:  3 years in India.

3. ADOPTION CLASS

Adopted children, under the age of 18, of Canadian Citizen or PR are eligible to immigrate to Canada under this class.

Adopted children over the age of 18 are eligible for sponsorship by a Canadian citizen or PR, if the adoption conforms to the laws of both the sponsor’s country and the sponsored person’s country.

4. OTHER RELATIVES

Eligibility: A Canadian citizen or PR can sponsor his/her

  • Sibling, nephew, niece, grandchild, who is orphaned, under 18 years of age and unmarried; or
  • Any other relative, if the Sponsor does not have any living relative listed above and no relatives living in Canada who are Canadian citizens or PR (spouse, child, parents, grandparents, nephews, nieces, uncle and aunt).  A sponsor is allowed to sponsor  one relative only.

Processing time:  Currently in India, it takes 61 months.

5. PROVINCIAL NOMINEE CLASS (FAMILY STREAM)

The Provincial Family class stream allows siblings, cousins, nephews, nieces, and friends, while Federal Family Class Program only allows spousal and parental sponsorship for Canada PR Status.

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2. SKILLED WORKER CLASS

Skilled workers are eligible for Canada PR status in 5 ways

  1. Federal Skilled Worker Program
  2. Canadian Experience Class
  3. Quebec Experience Class
  4. Provincial Nominee Program
  5. Quebec Skilled Workers Program

1. FEDERAL SKILLED WORKER PROGRAM

The Federal Skilled Workers Program has two Canada Immigration programs

  1. Federal Skilled Worker Class
  2. Federal Skilled Trades Class

1) FEDERAL SKILLED WORKERS CLASS [ii]

There are currently 3 classes under this program:

  1. Priority Occupations
  2. Arranged Employment
  3. Ph.d stream

1. Priority Occupations

Click here for a list of 24 occupations eligible for priority processing (Total 5000 spots, with a sub CAP on each occupation

Eligibility

  • Must be in the list of 24 eligible occupations
  • Minimum one year experience in eligible occupation
  • Minimum 6 bands in each of IELTS components: Listening, Speaking, Reading and Writing
  • Educational equivalency assessment of foreign diplomas/degrees from a designated organization designated by Immigration Canada
  • Must score 67 points on the selection points grid

2. Arranged Employment

An applicant is eligible for immigration to Canada, if he meets the following conditions:

  • A Canadian employer has offered him a permanent job, with a Labour Market Opinion (LMO) from Human Resources and Skill Department of Canada (HRSDC) AND
  • the applicant has one year experience in his trade, which falls under skill type O, A or B under  NOC of HRSDC), that, is managerial, professional or technical occupations

3. Ph.d Stream

An applicant is also eligible to apply for Immigration to Canada, if he is a PH.D student in Canada. However, he must apply after 2 years of your PH.D studies or within a year of completion of PH.D.

Processing times: Currently it takes 1 year for processing of Canada PR applications under Arranged Employment Program.

2) FEDERAL SKILLED TRADES CLASS[iii]

Currently, Canada Immigration has 43 occupations that are eligible for fast track Canada PR program.

Canada Immigration’s Criteria to qualify,

  • Experience: minimum 2 years of experience.
  • Job Offer: an offer of employment from one or two Canadian employers of  one year duration with approved LMO from Human Resource Department of Canada.
  • English: IELTS Score: listening and speaking 5 bands, reading 3.5 bands, writing 4 bands.
  • Employment Requirements: an applicant must meet “Employment Requirements” of the HRSDC for his trade or be licensed in Canada.

Processing times: In India it takes under 12 months for processing of Canada PR applications.

2. CANADIAN EXPERIENCE CLASS, CEC [iv]

  1. CEC for Workers
  2. CEC for Students

1. CEC for Workers

A foreign worker can immigrate to Canada on permanent basis under Canadian Experience class.

Eligibility

Work experience: 1 year of work experience in Canada on a work permit

English: IELTS score 5 bands for B skill type of NOC of HRSDC and 6 bands for skill type O or A of NOC of HRSDC.

2. CEC for Students

Eligibility

Study: Completion of at least 2 years of post-secondary study in Canada

Experience: One year of work experience in Canada

This program is not meant for unskilled or semi-skilled workers

3. QUEBEC EXPERIENCE CLASS 

Eligibility (Students): Two years of post-secondary study in Quebec and an intermediate level of French, if the applicant’s language of instruction was not French.

Eligibility (Workers): One year of work experience in last 2 years and intermediate level of French or proof that the applicant meets the language proficiency for the job.

4. PROVINCIAL NOMINEE PROGRAM CLASS (Skilled workers stream)[v]

Skilled Worker Stream

Under Federal Skilled Worker’s Program, a good level of English is required whereas in Provincial Nominee Programs, English is required only at a basic level. The total qualifying points are also less under Provincial Program than the Federal Program.

However, all provinces, except Quebec, require a job offer under skilled worker stream of provincial nominee programs.

Semi-Skilled Worker Stream

Under PNP, the workers with semi-skilled categories are also eligible for Immigrating to Canada on permanent basis. These semi-skilled categories include Food Servers, Cleaners, Hotel Front Desk staff, Long Haul Truck Drivers, Bakers and Industrial Meat cutters.

The English language requirement is low. An applicant must have a job offer in order to be eligible.

Masters and Ph.d student stream

Under provincial nominee programs of some provinces, such as Ontario, the Master’s and  Ph.D degree holders from Canadian universities are eligible to apply for Canada PR status while they are in their last semesters or within two years of completion of their degrees. At the time of application, they must have legal status in Canada and be residing in the province where they apply for Canada immigration status.

No job is required to be eligible. There is a CAP of 1000 applicant per year in Ontario for this stream.

5. QUEBEC SKILLED WORKERS CLASS[vi]

Click the above link for information on Quebec skilled worker program

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3. BUSINESS CLASS [vii]

Immigration to Canada in 4 ways under business class

  1. Investor class
  2. Entrepreneur class
  3. Provincial Nominee class
  4. Quebec Business class

1. INVESTOR CLASS

Canada Immigration has closed Immigration to Canada under Federal Investor class TILL JUNE 2012 because 700 spots for the year 2010-2011 are full now. However, the provincial INVESTOR CLASSES are still open IN SOME PROVINCES.

Eligibility for Immigration to Canada under FEDERAL INVESTOR CLASS,

  1. Two years of business experience as an owner or manager and
  2. A net worth of $1.6 million.

An applicant must deposit $800,000 with the Canadian government’s investment program for 5 years. The Canadian government returns this money after 5 years without an interest.

Some government approved Canadian banks provide financing for $800,000 against an applicant’s property abroad. If an applicant is able to deposit $220,000 with the selected Canadian bank for 5 years without an interest, the bank  will finance $800,000 against the applicant’s  property abroad.

In other words,  if an applicant has $1.6 million of net worth, he need not sell all his assets in order to pay off $800,000; rather he only  pays $220,000 to the Canadian bank. Briefly, if an applicant has a cash flow of $220,000 plus two years of business experience, he and his family can qualify for Immigration to Canada.

2. ENTREPRENEUR CLASS

Entrepreneur class is divided in 2 parts

  1. Entrepreneurs
  2. Self-employed individuals

1. Entrepreneurs

Immigration to Canada under entrepreneur category is possible, if an individual

  1. has a net worth of  CAD$300,000 and
  2. has ability to invest in or acquire a Canadian business which will create employment in Canada.

2. Self Employed Persons

Canada PR status  is granted under self-employed class,  if an individual is able to support him/herself and any dependents with his self-employed income as a

  1. Farmer
  2. Athlete or
  3. Artists (Radio, TV, Stage, Film and other artisans)

Processing times: Currently, the processing times are 35 months for investor category and 84 months for entrepreneur class.

3. PROVINCIAL NOMINEE CLASS (Business/Farming/Investor Stream)

Under Federal Investor’s and farming business programs, a net worth of $1.6 million is required, but under the Provincial Nominee Program it is in the range of  $300,000 to $800,000, depending upon the province. See an example of Saskatchewan Business Class Immigration.

4. QUEBEC BUSINESS CLASS

Click the above link to know

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4. REFUGEE CLASS [viii]

Canada immigration has obligation under domestic and International law to accept refugees who are fleeing their countries because of fear of persecution for reasons of race, religion, gender, political beliefs or membership in a particular social group, such as being a woman, gay or lesbian.

The refugee claim can be made from within Canada as well as from outside Canada. The process for refugee claims made outside, which is described in other article, is different from the claims made from within Canada, which is the subject matter of the present article.

Once a person puts his foot in Canada and claims refugee protection, he or she cannot be deported from Canada until the resolution of his claim by the Immigration & Refugee Board (IRB).

The applicant has to show at least 3 personal incidents of persecution or incidents of persecution to persons in his situation or persons related to him.

After the acceptance of refugee claim by the IRB, the applicant is eligible to apply for Canada PR status.

If the refugee claim is rejected, the applicant can challenge in the  the Federal Court of Canada. The process takes a year but in many cases may take longer.

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REFERENCES

Immigration and Refugee Protection Act RegulationsRegulations R-75, 86, 87, 87.1, 87.2, 88, 90, 97, 100, 116, 138


[i] R116: Family Class

[ii] R75: Federal Skilled Worker Class

[iii] R 87.2: Federal Skilled Trade Class

[iv] R 87.1: Canadian Experience Class

[v] R 87: Provincial Nominee Class

[vi] R86: Quebec Skilled Worker Class

 [vii] R 88, 90, 97, 100: Business Class (Investors, Entrepreneurs, Self-employed persons)

[viii] R138: Refugee Class

Quebec experience class: s. 38.1, 38.2, Regulation Respecting the Selection of Foreign Nationals, RRQ, c I-0.2, r 4