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Canada Immigration FAQ

The Immigration and Refugee Protection Regulations governing the Economic Class comprises the Federal Skilled Worker Class, Provincial Nominee Class (“PNP”), Quebec Skilled Worker Class, Investor Class, Entrepreneur Class, Self-Employed Person’s Class and the CANADA VISA FAQ Experience Class.

On May 4, 2013, the Government of Canada introduced substantive changes to the Federal Skilled worker Class. The Minister of Citizenship, Immigration and Multiculturalism, provides assurances that new federal skilled worker applications, should receive a selection decision within 6-12 months.

The following is a compilation of Frequently Asked Questions prepared by Colin R. Singer, Attorney, summarizing procedures affecting the Economic Class. Mr. Singer appeared before the Parliamentary Standing Committee on Citizenship & Immigration as a witness, prior to the implementation of the Immigration and Refugee Protection Act, 2002.

FREQUENTLY ASKED QUESTIONS
IMMIGRATION AND REFUGEE PROTECTION REGULATIONS
THE ACQUISITION OF CANADIAN PERMANENT RESIDENCE UNDER THE ECONOMIC CLASS


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 or 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.


Who qualifies for permanent residence under the Economic class?

(Skilled worker class, Quebec skilled worker class, provincial nominee class, entrepreneur class, investor class, self-employed persons class, Canada experience class)

The Federal skilled worker class is point based and confers permanent resident status upon qualified applicants who are able to demonstrate an ability to become economically established in Canada. Applicants are assessed under 6 factors and numerous sub factors CANADA VISA ELIGIBILITY of assessment providing for 100 points. Individuals with at least one year of continuous full-time employment experience, or the equivalent in part-time employment in one or more “open” occupations, within the 10 years preceding the date of their application and who possess the required settlement funding, may qualify for assessment. Applicants who do not meet the applicable pass mark may be accepted under the positive discretion provisions of the regulations. This mechanism is (rarely) used to accept a number of applicants who will be able to successfully settle in Canada yet who do meet the applicable pass mark.

Under the Quebec skilled worker class and the Provincial nominee class, applicants may become permanent residents on the basis of their proven ability to become economically established in Canada, in accordance with immigration programs and selection criteria administered by Quebec or the provinces.

A detailed review of the Quebec skilled worker program may be obtained here.

A detailed review of the Provincial nominee programs may be obtained here.

The Investor class is point based and confers permanent residence to applicants who demonstrate an ability to become economically established in Canada on the basis of their business or management experience and high personal net worth. Approval is contingent upon the investor undertaking to commit an irrevocable, passive, non-interest bearing investment of $800,000 in a government guaranteed investment fund. As of February 11, 2014, the Canadian government announced the end of its Immigrant Investor program. Currently, Investor Immigrants must intend to settle in the province of Quebec and apply under the Quebec Investor class.

A successful applicant under the Quebec Investor class is one who has a) owned and operated a business for 2-years in the previous 5-years or has held a high level management position for 2-years in the previous 5-years in a private company, government or NGO; b) possesses a personal net worth of at least CAD $1,600,000 legally acquired and c) undertakes to invest $800,000 in a passive government guaranteed investment for a period of five years and receive no interest. Applicants may finance their investment and liquidate only $180,000 to $220,000 into a government approved financing program for five years and receive no return of capital.

The Entrepreneur class is point based and confers permanent residence to applicants who demonstrate an ability to become economically established in Canada on the basis of their business experience and personal net worth. Approval is contingent upon the entrepreneur undertaking to invest and become active in the management of a qualifying business operated in Canada that will contribute to the economy and create employment. Entrepreneurs may apply under the Quebec Entrepreneur class or a number of Provincial Nominee Programs.

A successful applicant is generally one who has a) managed a qualifying business and has controlled a percentage of equity of the qualifying business for at least two years in the period beginning five years preceding the application; b) possesses a personal net worth of $300,000 and c) undertakes to control a percentage of the equity of a qualifying Canadian business and provide active and ongoing management of the qualifying Canadian business that will create at least one incremental full-time job for Canadian citizens or permanent residents, other than the entrepreneur and their family members. This condition must be fulfilled for a period of one year within the period of three years after the day on which the entrepreneur becomes a permanent resident.

The Self-Employed class refers to applicants who have the intention and the ability to create their own employment and make a significant contribution to the cultural, artistic or athletic life of Canada, or to create their own employment by purchasing and managing a farm in Canada.

A successful applicant is one who has at least two years of experience in the period beginning five years before the date of the application and ending on the day a determination is made on the application, in self-employment in cultural activities or in athletics; participation at a world-class level in cultural activities or athletics; or farm management experience.

To qualify, the applicant must demonstrate a sufficient financial net worth which, although less than an entrepreneur and not specified in the regulations, should enable the applicant to be self-employed in Canada and make a significant contribution to specify economic activities in Canada and to meet the initial settlement requirements for the applicant and accompanying dependants.

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