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| Plusieurs rêves d’immigrer au Canada. Pour atteindre ce but, on doit tout d’abord décider d’immigrer. Prendre les services d’avocats en immigration canadienne chevronnés joue un rôle de premier plan pour pouvoir commencer une nouvelle vie dans un nouveau pays ... pour en savoir plus |
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| Articles et nouveauté en immigration canadienne |
| SKILLED WORKER CLASS |
Important notice affecting NEW applicants to Canada |
On September 1, 2006 the government announced a new “Simplified Application Process” for Skilled Workers seeking to immigrate to Canada.
The new change attempts to simplify the application process in that candidates seeking to immigrate need only to submit the Application for Permanent Residence in Canada form, as well as the processing fee.
This will suffice to place the application in the processing queue until such time as an immigration officer can review the file. Approximately 4 months before the file is ready to be processed by the Visa Office will request additional forms and supporting documentation.
This does not represent a change in the forms or documentation required nor does it represent a change to the requirements necessary to qualify. It represents a change as the timing of when forms and supporting documentation are to be submitted for the purpose of eliminating the need of multiple form submissions.
For a free evaluation of your credentials please complete our confidential free assessment questionnaire, and if you require any clarifications regarding your project to Canada, please, feel free to contact us.
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Settlement Funds
Funds required by independent immigrants on landing in Canada to support self and dependants for a period of 6 months.
Persons who are unable or unwilling to support themselves and those persons who are dependant on them for care and support can be declared inadmissible. Exceptions are available where adequate arrangements (other than social assistance) have been made.
Proof of settlement funds is generally provided immediately prior to visa issuance.
Since some incidences of abuse the Department published a series of rules and guidelines aimed at providing officers with an indication of what sums applicants are recommended to possess in order to meet the settlement fund requirement.
A Table of Funds Required By Independent Immigrants was also published, covering the initial period of 6 months following landing:
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Size of Area of Residence |
Family Size |
500,000 & more |
100,000 - 499,999 |
30,000 - 99,999 |
30,000 & less |
1 Person |
7,238 |
6,563 |
6,448 |
6,032 |
2 Persons |
9,804 |
8,892 |
8,739 |
8,168 |
3 Persons |
12,939 |
11,778 |
11,585 |
10,862 |
4 Persons |
14,784 |
13,447 |
13,223 |
12,391 |
5 Persons |
16,899 |
15,438 |
15,194 |
14,287 |
6 Persons |
18,325 |
16,740 |
16,476 |
15,487 |
7 Persons |
20,411 |
18,705 |
18,421 |
17,539 |
Ea Add Per |
1,880 |
1,743 |
1,722 |
1,634 |
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These funds are NOT a Sina qua non condition of admission and is not found in the Regulations. |
The experience factor
The Skilled Worker Applicant must know that the experience factor is a complex area where there’s just as many limitations as there’s alternatives. For example, indeed current guidelines and procedures being applied by the Ministry do recognize certain instances where experience can be recognized which is different from the intended occupation on the List in Canada.
The education and training positions factor is an other example; certain occupations in Canada require a minimum of education as described in the Occupational Entry requirements, but, where one has completed the degree requirements and then goes on to become employed in a non education/training position, this experience may count towards the Experience Factor….
These issues become important to prospective applicants with unique backgrounds in that zero unit of assessment under the experience factor are a bar to further processing unless the applicant has arranged employment in Canada and has written statement from the proposed employer verifying that he/she is willing to employ an inexperienced person in the position in question, and the visa officer is satisfied that the person can perform the work required without experience.
If you have any questions, please feel free to contact us or complete our free assessment.
The Federal Skilled Worker Program and the Language Testing Conundrum
Applying for permanent residence as a federal skilled worker is causing some concern among many non native English or French speaking applicants who are able to demonstrate an ability to become economically established in Canada. Applicants are assessed under 6 factors of assessment providing for 100 points. The language factor accounts for up to 24 points of this total. Applicants must claim a level of ability in one of the official languages on their application and provide proof that level.
The language testing process evaluates an applicant under reading, writing, speaking and understanding, but applicants must know it is greatly flawed because it is in no way an accurate gauge of Canadian English proficiencies of foreigners. So because of that, and depending on numerous other details, the assistance of effective legal council can be very helpful in overcoming and addressing this important requirement.
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FAMILY SPONSORSHIP CLASS |
- Recent changes to the spouse or common-law partner
To qualify, the out of status spouse or common law partner must be in a genuine relationship with a Canadian citizen or permanent resident sponsor. As well the Canadian sponsor must be eligible to sponsor the applicant, and, as always, the applicant must successfully complete criminal, security and health check.
- New Developments; same sex marriages, common-law and conjugal partners
- Same sex marriages
Canadian immigration authorities still consider all same marriages which took place outside to Canada to be invalid. As a result, same sex spouses married outside of Canada are not considered spouses for immigration purposes.
What can they do? Well, they may opt to apply as common-law partners. As a result, an officer would assess the common-law relationship between the couple for the purposes of a sponsorship application or to determine an applicant’s eligibility as a dependant family member.
- Common-law relationship
A common-law relationship is one in which two members of the same or the opposite sex has been living together in a conjugal relationship for at least one year. The year of living together must be on a continuous twelve- month period. To succeed in proving the existence of a common-law relationship, you and your partner, will have to provide various documents that prove that you have combined your affairs and have set-up your household together in one home. If for some reasons they can’t provide all the documents they need, well, as a Canadian permanent resident or citizen, that person may opt to sponsor their partner as a conjugal partner.
- Conjugal relationships
The conjugal partner category was created for exceptional circumstances – for foreign national partners of Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the fact that they have not been able to live together continuously for one year, usually because of an immigration impediment. It applies to couples of the same sex or of the opposite sex who have been in a bona fide conjugal relationship for a period of at least one year.
- Parents and grandparent sponsorship application under the family class
The CIC has recently implemented different measures to decrease the processing time of sponsorship applications for parents and grandparent coming to Canada as family class immigrants and benefit from some important investments by the government of Canada like they received in 2005 and 2006, to increase the number of parents and grandparent applications processed and to cover integration costs once they arrive in Canada.
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CANADIAN CITIZENSHIP |
Who cannot become a Canadian citizen?
Before you apply you should make sure that you are eligible for citizenship. You cannot become a Canadian citizen if you:
- Are under a removal order
- Are now charged with an indictable criminal offence
- Have been convicted of an indictable criminal offence in the past three years
- Are now in prison, on parole or on probation
- Are being investigated for or have been convicted of war crimes
- Had your citizenship revoked in the last five years?
Please note that time spent in prison, on parole or on probation may not be counted towards becoming a citizen.
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