CANADA’S IMMIGRATION SYSTEM

A Guide to Visiting and Immigrating to Canada

There are a number of ways of coming to Canada: as a visitor, student, temporary worker, as an immigrant sponsored by a family member, as an independent immigrant, entrepreneur or an investor. These rules within these categories are constantly changing.

CATEGORIES OF ADMISSION TO CANADA

Visitor to Canada.

If you are from a country which Canada has exempted from a visitor visa requirement, you need not apply for a visitor’s visa prior to coming to Canada.

The maximum length of stay for a visitor (unless prior authorized) is six months.

You are not allowed to study in Canada unless you have a study permit.

You can apply to extend your stay in Canada after you have arrived.

In order to obtain a study permit, you must be accepted by an approved educational institution.

You are not allowed to work in Canada unless you have a work permit.

If you are a citizen of the United States of America or Mexico then you may qualify to work in Canada under the North American Free Trade Agreement.

In order to obtain an employment authorization, you require a validGovernment-verified job offer.

Immigrating to Canada as a dependent of a family member.

You may be sponsored by a family member who is your spouse, parent, child, grandparent, or grandchild provided that certain rules are met.

You may be assisted by a sibling, aunt or uncle.

Immigrating to Canada as an Independent Immigrant.

Points are calculated based on the following: age; education; occupation; work experience; language ability among other factors.

Many occupations in Canada require membership in a professional association and/or registration or licensing. Applicants intending to work in one of these occupations may need to prove they hold sufficient credentials to meet professional licensing requirements.

Immigrating to Canada as an Entrepreneur

Canada’s Immigration Regulations define an entrepreneur as an immigrant:

who intends and has the ability to establish, purchase or make a substantial investment in a business or commercial venture in Canada

whose business will make a significant contribution to the economy.

whose business will create or maintain employment opportunities in Canada for one or more Canadian citizens or permanent residents, other than the entrepreneur and his/her dependants, and who intends and has the ability to provide active and on-going participation in the management of the business or commercial venture.

who has a significant net worth, accumulated by the immigrant’s own endeavours.

Entrepreneurs

have direct and continuing control over the deployment of their investment money

are admitted on a conditional basis, and must show, among other things, that they have set up and are actively involved in the management of a significant business venture within two years of their arrival, or face removal from Canada.

Immigrating to Canada as a self-employed person

Is a person who intends and has the ability to establish or purchase a business that will employ him/herself and make a significant contribution to the economy or cultural or artistic life of Canada.

this is a difficult category to gain admission to Canada and for the most part has been limited to farmers, sports, cultural and artistic personalities.

Immigrating to Canada as an Investor

This program is currently closed and under review.

Basic Requirements

The basic requirements for an immigrant visa are that you and your dependants must:

meet health requirements;

not be a risk to the security of Canada;

have enough money to look after yourself and your dependants in Canada until you become self-supporting;

be law abiding;

have a valid passport or travel document;

produce all documents requested by the visa officer to establish your admissibility; and pay the processing fee.

In addition, you must score sufficient points under the selection system.

If you are married, either you or your spouse may apply as principal applicant. Whether or not they wish to immigrate with you, you must include all your dependent children who are:

under 18 years of age and unmarried on the date when your application is received at the visa office; those who wish to immigrate must be still unmarried at the time when the visa is issued and when they arrive in Canada.

they are unable to support themselves because of a physical or mental disability. Note: Some disabilities may result in refusal for medical reasons.

You and all of your dependants, whether or not they will accompany you, must pass background screening and medical examinations. All family members 18 years of age and over must complete their own individual application form.

In addition there are tax consequences of immigrating to Canada. For an overview please refer to the tax consequences page. You must seek advice from a tax professional for your advice on your specific circumstances.

This is not intended to be an exhaustive discussion for every immigration case. Please make an appointment with us to discuss any concerns you have in your particular case.

Information contained on this web site is to be considered general information only and is not to be construed as constituting legal advice.

Please make an appointment for advice with respect to any specific legal concern.

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