Most Canadian citizens and permanent residents are permitted to sponsor relatives to come to Canada in order to be granted permanent residence. There are detailed eligibility requirements for sponsor and we are pleased to assist our clients by assessing the individual circumstances of each potential sponsor. An eligible sponsor is permitted to sponsor members of the family class.
A person is a member of the family class if they are:
Your application must meet one of the following criteria:
If you meet one of the above criteria, your application will then be assessed according to the "points system".
Points are awarded to the applicants on the basis of the following factors:
To be accepted as a Skilled Worker, in addition to meeting the criteria outlined above, you must also meet the following minimum work experience requirements:
Federal skilled worker applicants who meet these criteria and have at least 67 points will be given equal priority in terms of processing along with the Canadian Experience Class. Processing times are being estimated at between 6 to 12 months.
There are many ways to immigrate to Canada. If you don't meet the criteria to apply under the Federal Skilled Worker Program, you may qualify under another category.
Members of the business immigrant class include three categories – Investor Program investors, Investor Program, entrepreneurs and self-employed.
Investors must demonstrate business experience, as set out below, have a minimum net worth of $800,000 and make an approved investment of $400,000. Any business is acceptable other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains.
An investor must be able to show that he/she meets specific business experience criteria in order to qualify. The two ways for investors to demonstrate the necessary business experience to qualify under the Regulations are:
An investor applicant need not actually have owned a business in order to demonstrate the necessary management experience. Rather, an investor applicant can meet the business experience requirement by showing that in any two of the five years prior to the application, he/she has managed at least five full-time employees in each of those two years (i.e. one full-time employee equals 1,950 hours per year). Part-time employees meeting the same number of hours required for five full-time employees can also meet the five full-time employee requirement.
If the applicant has not managed five full-time employees, over the course of two years, the applicant must have had an ownership interest in the form of equity in a business for at least two years of the previous five-year period, as well as managed the business. The management must be active management. Silent partners will not be successful.
To meet the ownership requirement, within any two of the five years preceding the application, the applicant’s business must achieve specified criteria in relation to any combination of two of the following four variables: employment; sales; net income and equity.
Below is a chart, which illustrates the requirements. The amounts required are based on a sliding scale, depending upon the percentage of ownership. In the chart below, we have provided three ownership figures as examples.
Business history must be demonstrated through documentary evidence, and the applicant must meet the criteria within any two of the previous five years, in two out of four categories.
The minimum requirement is that an investor applicant must have a net worth in the sum of $800,000. However, the net worth need not be created by the investor’s own efforts. The only requirement with respect to the source of the net worth is that it is legally obtained. In addition, the assets of the investor’s spouse are to be included when assessing net worth.
There is a points requirement for investors. The points requirement should not be difficult to meet as long as the investor can meet the business experience criteria. The maximum possible score is 100. The pass mark is currently 35 points but may change at any time.
|Selection Criteria||Maximum Points|
|ABILITY IN ENGLISH/FRENCH||24|
The investment must be a minimum of $400,000 in a government-approved fund for the investor program. The investment is held by the approved fund for a period of five years. The investment is made upon gaining permanent residence in Canada and is a condition of maintaining permanent residence. Once the five-year period elapses, the terms and conditions of the applicant’s permanent residence are cancelled.
NWC can assess whether the investor category is the best option among others, or whether it is in fact the only option for permanent residence in Canada, based on an applicant’s specific situation and desires.
Entrepreneurs must meet requirements to show that they can qualify for admission under this program (i.e. net worth, business experience, admissibility requirements and demonstrated ability to become economically established in Canada). The entrepreneur must also comply with the terms and conditions for landing imposed by Canada Immigration and Citizenship, once the entrepreneur obtains permanent residence. Details for each of these requirements are set out below.
Any business is acceptable other than a business operated primarily for the purpose of deriving investment income such as interest, dividends, or capital gains.
The entrepreneur applicant must have had an ownership interest, in the form of equity in a business, for at least two years of the previous five-year period, as well as managed the business. The management must be active management. Silent partners will not be successful. In particular, within any two of the five years preceding the application, the applicant must meet specified criteria in relation to any combination of two of the following four variables: employment; sales; net income and equity.
Below is a chart, which illustrates the requirements. The applicant meets the criteria within any two of the previous five years, in two out of four categories. The amounts required are based on a sliding scale, depending upon the percentage of ownership. In the chart below we have provided three ownership figures as examples.
An applicant must have a net worth of at least $300,000.
Net worth can be determined taking into account the assets of both the primary applicant and his or her spouse or common-law partner.
There is a points requirement for entrepreneurs that is the same as that for investors. The maximum possible score is 100. The pass mark is currently 35 points but may change at any time. In most cases, the points requirement should not be difficult to meet so long as the entrepreneur can meet the business experience criteria.
|Selection Criteria||Maximum Points|
|ABILITY IN ENGLISH/FRENCH||24|
In addition to meeting the entrepreneur requirements described above, the overriding concern of Canada Immigration Officers will be an assessment as to the applicant’s ability to become economically established in Canada. Therefore, even if all of the above criteria are met, there is no absolute guarantee that an applicant will obtain permanent residence. One very important criterion will be language skills. For example, if a basic ability in English or French cannot be met, an officer will strongly question the ability of the applicant to actively manage a business once they arrive in Canada.
NWC can assess whether the entrepreneur category is the best option among others, or whether it is the only option for permanent residence in Canada, based on the client’s situation and desires.
Once a decision is made by the client to proceed with an application, we will prepare the necessary package, which must all be substantiated by thorough documentation and submissions.
After an applicant obtains permanent residence in Canada as an entrepreneur, he/she will be subject to specific terms and conditions within the first three years. An applicant will be required to show that for a period of at least one year within their first three years after obtaining permanent residence, he/she owned and managed a business in Canada that meets specific criteria in relation to two out of the following four variables: employment; sales; net income and equity.
Below is a chart, which illustrates the requirements. In order to cancel the entrepreneur’s terms and conditions, he/she must own a minimum of one third of the business.
Regardless of which two criteria in the chart the applicant relies upon, he or she must create the equivalent of at least one incremental full-time job. The employment can be comprised of a number of part-time employees. In addition, the one incremental employee must be someone other than the entrepreneur or a member of the entrepreneur’s family. As with the other terms and conditions the entrepreneur must create this additional employment for one year during his or her first three years after landing.
The entrepreneur must have active and ongoing participation in management for at least one year (i.e. within the first three years after landing).
In addition, for those who have gained permanent residence in Canada as an entrepreneur, NWC can assist by advising how to meet the requirements, assist in the preparation of the required interim reports, and assist in filing an application to ultimately cancel your terms and conditions by showing that you have operated a business in Canada for a least one year within the first three years after gaining permanent residence in Canada, in accordance with the Regulations.
The Live-in Caregiver Program is a special program whose objective is to bring workers to Canada to do live-in work as caregivers when there are not enough Canadians to fill the available positions. A live-in caregiver is an individual who is qualified to care for children, the elderly or people who have disabilities independently in a private household.
Successful applicants receive a work permit allowing them to work in Canada as live-in caregivers. After two years of employment, which must be completed within three years of the caregiver's arrival in Canada, program participants can apply in Canada to become permanent residents. They may be granted permanent resident status provided they meet certain requirements (24 months).
There are three main requirements applicants have to meet to qualify under the Live-in Caregiver Program:
Permanent resident cards are given to people who have completed the Canadian immigration process and have obtained permanent residence status but are not Canadian citizens.
Each person applying for permanent residence will require a card, which is usually valid for five years.