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Royal International's team of experienced immigration lawyers can help you
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| FAQ |
- Skilled worker
- Investor
- Entrepreneur
- Self-employed person
Some differences between the processes:
- Inside Canada
- Outside Canada
Skilled worker
What does 'supporting documentation to be provided later' mean?
Supporting documentation includes certificates that confirm the
applicant's educational level, employment letters confirming work experience,
language test results, police certificates, birth and marriage certificates,
and bank statements confirming the applicant’s funds.
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Is the simplified application process being used at all visa offices?
Since September 1, 2006, the simplified application process is in use at
all visa offices except Buffalo, NY.
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If I am using the simplified application process, do I have to notify the visa office if I change jobs?
No. You only have to notify the visa office if you have a new address
(postal or email), or hire a new immigration representative. You should also
contact the visa office if you decide to withdraw your application. You do not
have to notify Citizenship and Immigration Canada of any other changes until
the visa office contacts you (about four months before the office is ready to
assess your application).
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I have already submitted my application. Do I have to start over?
No. Applications that were submitted before September 1, 2006, will be
processed as usual. Regular applications received after September 1, 2006, are
accepted, but the supporting documents will be returned to the applicant until
the visa office requests them.
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I have been nominated under a province’s immigration program. Do I submit a simplified application?
No. Individuals applying under a provincial nomination program do not submit a simplified application because these applications are processed on a priority basis
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Will my processing fees be refunded if I decide to withdraw my application?
Yes. If you contact the visa office before the assessment of your application begins, your fees will be refunded.
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I have just taken a language proficiency test at a designated
organization, such as the International English Language Testing System
(IELTS), or the Test d’évaluation de français (TEF). Can I submit the results
now?
If you apply under the simplified application process, the visa office will not accept any supporting documents. If you submit documents with your application, they will be returned to you.
Submit your language test results with your other supporting documents.
The visa office will request these documents about four months before
processing your application. If you take the language test within one year of
submitting your simplified application, the results remain valid and will be
accepted as supporting documentation by the visa office.
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Investor
What are the requirements for qualifying as an investor?
To qualify as an investor you must have two years of business experience
and a net worth of at least 0,000 CAD that was obtained legally. You must
also score a minimum of 35 points in a selection grid designed to determine
whether you will be able to become economically established in Canada. Before
a visa is issued, you must make an investment of 0,000 CAD to Citizenship
and Immigration Canada.
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What is the procedure for becoming an investor?
You must meet all the eligibility requirements, pass medical, criminal and security checks, and make an investment of 0,000 CAD.
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What are the business experience requirements?
You must have been a part or full owner of a business for at least two years,
or have managed the equivalent of five full-time workers in a business
for a minimum of two years.
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Does the business experience have to be recent?
The business experience must be within five years of your application.
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How do I prove that my net worth was obtained legally?
You must be able to prove that no portion of your net worth was obtained
through criminal activity. You will be asked to explain any discrepancies
between your net income over the years and your present net worth. The visa
officer who assesses your net worth may ask you for documents to back up both
your income sources and your net worth.
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Who is responsible for the investment operations of the program?
Citizenship and Immigration Canada (CIC) administers all aspects of the program. CIC
acts as an agent for the participating provinces and territories.
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What documents do I receive after I make my investment?
You will receive a non-transferable, zero-interest promissory note that you can
use as collateral for a loan. At the maturity date, you can return the
promissory note to Citizenship and Immigration Canada for repayment of your
0,000 CAD investment.
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Why do you recommend that I make my investment through a Citizenship and
Immigration Canada-approved facilitator?
Citizenship and Immigration Canada has set up administrative procedures
with a number of facilitators to assist in the payment and redemption of your
0,000 CAD investment. These services are available to you at no cost.
Facilitators also offer a variety of financing options if you want to finance
your investment or use your promissory note as collateral for a loan in the
future.
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Where do most immigrant investors come from?
Investors come from all over the world. Currently, the majority of
investors are from China, Taiwan, Korea and Hong Kong, but there are also
substantial numbers applying from the Middle East and elsewhere. You can find
more information on where business immigrants come from in Citizenship and
Immigration Canada’s annual report: Facts and Figures.
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Entrepreneur
What are the requirements for qualifying as an entrepreneur?
To qualify as an entrepreneur, you must have at least two years of business
experience and a net worth of at least 0,000 CAD that was obtained legally.
You must also score a minimum of 35 points in a selection grid designed to
determine whether you will be able to become economically established in
Canada.
You must also make a commitment to own and operate a business in Canada
that will create jobs and contribute to the economy. After you become a
permanent resident, you will have three years to meet the conditions of the
Entrepreneur Class.
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What is the procedure to become an entrepreneur?
You must meet the definition of an entrepreneur, pass medical, criminal and
security checks, and agree to operate a business in Canada.
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Who do I contact for more information about meeting my business conditions in Canada?
Once you are accepted into the Entrepreneur Program, you will receive a
brochure that contains instructions and contact information for the Citizenship
and Immigration Canada (CIC) offices in Canada. You are required to contact a
CIC office within six months to report your address and telephone number. You
must provide a further update on your progress 18 months after you arrive in
Canada.
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Self-employed person
What are the requirements for qualifying as a self-employed person?
To qualify as a self-employed person, you must have two years of relevant experience and show that you intend to become self-employed in Canada.
You must also score a minimum of 35 points in a selection grid designed to determine whether you will be able to become economically established in Canada.
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What is meant by "relevant experience"?
Relavant experience in the feild of Cultural Activities:
- two one-year periods of experience in self-employment in cultural activities, or
- two one-year periods of experience in participation at a world-class level in cultural activities, or
- a combination of a one-year period of experience described in (A), above, and a one-year period of experience described in (B), above,
Relavant experience in the feild of Athletics:
- two one-year periods of experience in self-employment in athletics, or
- two one-year periods of experience in participation at a world class level in athletics, or
- a combination of a one-year period of experience described in (A), above, and a one-year period of experience described in (B), above, and
Relavant experience in the feild of Agriculture:
- two one-year periods of experience in the management of a farm.
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What is meant by "cultural activities"?
"Cultural activities" include authors and writers, creative and performing artists, musicians, painters, sculptors and other visual artists, technical support and occupations in motion pictures, creative designers and craftspeople. You can find a full list of qualifying activities in the Related Links section at the bottom of this page.
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What are specified economic activities?
You must plan to be self-employed in Canada in cultural or athletic activities, or purchase and manage a farm.
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What is meant by a “significant contribution”?
There is no formal definition of what constitutes a significant
contribution. This gives visa officers the ability to use their judgment and
allow them to recognize that a contribution to athletics or the arts, even at
less than a national standard, may still be of significant benefit at the local
level. For example, a music teacher with reasonable qualifications will be in a
better position to make a significant contribution in a small town than in a
large city.
Please note that you must contribute to economic activities in Canada.
While this does not preclude some activities outside of Canada, your experience
must include a significant contribution within Canada.
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Are there any reporting requirements once I arrive in Canada?
No. Unlike the Entrepreneur Program, you do not have to meet any conditions
after becoming a permanent resident of Canada. However, there are requirements
to retain your status as a permanent resident.
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Is there a net worth requirement?
There is no regulated minimum net worth requirement. However, you will have
to prove to a visa officer that you have sufficient funds to settle in Canada
with your dependants, and to finance the economic activities on which your
selection was based. For example, if you are a farmer, you will have to prove
that you have sufficient funds to purchase and operate a farm in Canada.
Sponsoring your family
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If I have overstayed my visa or visitor record or if I have been working
or studying without a permit, can I apply for permanent residence under the
Spouse or I entered Canada without a valid passport or travel document. Can I
apply for permanent residence under the Spouse or Common-law Partner in Canada
Class?
Yes. You can apply under the public policy relating to the Spouse or Common-law Partner in Canada Class. However, you must obtain a valid passport from your home country or travel documents before Citizenship and Immigration Canada will grant you permanent residence.
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Can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class if I am inadmissible to Canada?
Yes. You can apply under the public policy relating to the Spouse or Common-law Partner in Canada Class. However, your application for permanent residence may not be approved if there are reasons that prevent you from staying in Canada that are not related to lack of status. For example, you may not be allowed to stay in Canada if you do not meet medical or security requirements, or if you have been convicted of a criminal offence.
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I am a temporary resident permit holder. Can I apply to become a permanent resident as a sponsored spouse or common-law partner?
If you are in Canada on a temporary resident permit, you can apply to become a permanent resident of Canada. However, if you have a temporary resident permit because you are inadmissible to Canada for reasons other than lack of status, you cannot be granted permanent residence under the Spouse or Common-law Partner in Canada Class.
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I was deported from Canada and I returned without getting proper permission. Can I apply as a permanent resident under the public policy for the Spouse or Common-law Partner in Canada Class?
Your application will be refused because you do not have permission to be in Canada. You may be able to be sponsored from abroad if you return to your home country.
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I am a failed refugee claimant. Can I stay in Canada if I marry a Canadian citizen or a permanent resident of Canada?
Being in a common-law relationship with, or married to, a Canadian citizen or permanent resident does not guarantee that you can become a permanent resident of Canada.
As a failed refugee claimant, you can apply to be a permanent resident under the public policy relating to the Spouse or Common-law Partner in Canada Class if you meet all the requirements and if you are not inadmissible to Canada.
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Can I cancel my application once it has been approved?
If you change your mind about sponsoring a family member, you must write a letter to the appropriate Case Processing Centre before a permanent resident visa is issued. Once permanent resident visas are issued, the promise that you and, if applicable, your co-signer, made to support your family member is valid for the term of your application.
The application is an unconditional promise of support. For example, the granting of Canadian citizenship, relationship breakdown or moving to another province does not cancel the application. The application also remains in effect if your financial situation changes and you can no longer afford to provide financial support.
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What family members may come with me to Canada when I immigrate?
The family members that can come with you to Canada when you become a permanent resident include:
- your spouse or common-law partner
- your dependent child or your spouse or common-law partner’s dependent child and
- a dependent child of a dependent child.
Your parents, grandparents and other family members are not eligible to come to Canada with you. However, you can apply to sponsor them to come to Canada after you immigrate here.
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I want to sponsor my spouse. Is it faster to apply from inside or outside Canada?
It is usually faster to apply to sponsor a spouse from outside Canada. However, the requirements to immigrate to Canada are the same in both cases.
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Some differences between the processes:
Inside Canada
- average of 12 to 18 months to process routine applications
- no right of appeal
- you are advised to stay in Canada while your application is being processed (If you leave Canada and cannot re-enter, the application will be abandoned)
- you can send an application for an open work permit with the sponsorship application (the permit will be issued as soon as you are eligible for it)
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Outside Canada
- average of 6 to 12 months to process routine applications
- right of appeal
- you can leave and re-enter Canada while your application is being processed as long as you meet all requirements to enter Canada
- if you want to work in Canada while your application is being processed, you must apply for a regular work permit .
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