1:1 INTRODUCTION AND OVERVIEW OF IMMIGRATION PROGRAMS

So you are somewhere around the world and are thinking that perhaps you would like to come to Canada. We wish to give you the opportunity to become familiar with the options available to you. We hope that Getting into Canada will help you understand the process and thus assist you in finding your way easily through the process, so that you can soon be en route to Canada.

You may wish to permanently establish yourself in Canada. In that case, you would have to apply for permanent resident status. The immigration programs under which you can obtain permanent residence are the following:

• skilled worker;
• family category (sponsored by a family member who is a Canadian citizen or permanent resident);
• business category, and;
• provincial nominee programs.

Applying to come to Canada as a student or as a worker, or simply as a visitor, would give you, if your application were approved, the right to temporary residence in Canada.

Each of the seven immigration programs mentioned above is discussed in more detail in the chapters that follow. The figures in each chapter and the schedules at the conclusion of the book provide you with additional information and samples of documents/forms that are relevant to particular applications.

Getting into Canada also provides you with other tools useful in understanding what lies ahead of you. These tools include a glossary with definitions of terms commonly used in the Canadian immigration field and in this book, and internet addresses that can provide you with additional information, should you wish to explore a topic in even more detail. Before we begin focusing on each of the immigration programs mentioned above, let’s consider some general issues.

1:2 SOME PRACTICAL INFORMATION AND ADVICE

1:2.1 What to do first

If you are seriously considering coming to Canada, you should begin by finding out which Canadian mission abroad, be it an Embassy, High Commission or consulate,1 you must contact in order to obtain information, application packages and additional assistance if needed.

Canada does not have a visa office in every country of the world. Many visa posts abroad are responsible for processing applications originating in a number of designated countries. To find out which visa office would process your permanent residence application,2 see Schedule 1 on page 219.3 When applying for permanent residence, you may apply at the visa post responsible for processing the applications from your country of citizenship or the country where you have legally resided for at least a year at the time of making your application. For temporary residence applications, you must have, or be able to have, legal status in the country where the visa post to which you are applying is situated.

1:2.2 How to get the documents that you need (the required forms and the accompanying guidelines)

The forms used by Canadian immigration authorities and the guidelines that accompany them can be obtained in three ways. One way is by contacting the relevant visa office and asking how you can pick them up or asking that they be mailed to you. The Canadian Government makes them available to everyone, free of charge.

Secondly, if you have access to the internet, you can download the forms and the guidelines (called ‘Guide’) online, from the Canadian Immigration Department’s general web

site, at www.cic.gc.ca. Please note that there is one item that you should always obtain from the relevant visa office, either by mail or from their particular web site4 – the checklist for the particular application that you are making. It contains the list of all the forms and supporting documents5 that must be submitted when making a certain application. Many visa offices have their own checklist for every type of application. The checklists that are available on the general CIC site (some of which we have included as figures in this book) should only be used as a general reference. When it comes to making an actual application, you should obtain and rely only on the checklist from the relevant visa office.

If you wish to download the forms and guidelines online, please note that the guidelines are available in HTML format and as pdf files. The forms are only available as pdf files. A file with a ‘;pdf’ extension can only be viewed if you have Acrobat Reader6 software installed on your computer. If you have this software, you can either print the guidelines and blank forms online, or download the files onto your computer, and then view and/or print copies of them whenever you need to.

Thirdly, if you plan to use the services of a professional immigration service provider, you should check with them for instructions and forms.

1:2.3 Filling in the forms generally

There are two ways in which you can fill in the forms.

Firstly, you can fill in the forms by hand (using a black pen) or by using a typewriter. If you are writing the information by hand, please remember to print it legibly. Certainly, by hand is the least attractive option (and attractiveness counts!).

The second option is to do it on your computer. If you have Acrobat Reader, you can type the information in the forms; however, you won’t be able to save it, so you will have to complete a form in one session. To actually save the information in the forms, you would need to have installed the Adobe Acrobat software. While the forms can be downloaded online and viewed with the assistance of Acrobat Reader (which, as mentioned above, can be downloaded for free), Adobe Acrobat must be purchased.

It may be costly to buy Adobe Acrobat simply for the purpose of filling in the forms. If you have it, use it to fill in the forms and then print completed forms directly onto blank paper. If you don’t own the software, you’ll have to complete each form in one session, as noted above, or print the blank forms and then resort to typing or handwriting the information.

We recommend that before you start completing the forms by any method, you ensure that you have handy additional photocopies of the blank forms; you should practise filling in the various sections on photocopies first, before you fill in the final set which you intend to submit.

We also recommend that when you fill in forms, you have on your desk the applicable government guidelines (which you obtain as mentioned in section 1:2.2). Please note that each type of application that can be made is accompanied by a different set of guidelines. The guidelines will answer at least some of the questions you may have along the way; they will provide you with clarification with respect to what information needs to go into a particular section of the application. Do your best to follow the instructions provided. If you have questions, contact the relevant visa office and ask for assistance or seek professional assistance.

1:2.3.a What to avoid when filling in forms

In terms of the information you provide to the Canadian authorities, please note that it is a serious offence to give false or misleading information on your application forms. The Canadian immigration authorities may check to verify your responses, and misrepresentations, depending on your circumstances, can result in the refusal of your application, the cancellation of your visa,7 the revocation of your citizenship, your deportation from Canada, bans from entering Canada and criminal charges being laid against you.

Apart from inaccurate information, there are additional things that you should avoid when filling in forms.

• Don’t leave a section blank. It is important to note that, when filling in the forms, you should not leave any section blank. Where there is no information you can include in a particular section (for example, where you are required to give details of military service undertaken, and you have never served in the military), instead of leaving the section blank, write ‘N/A’ (which stands for ‘Not Applicable’). This way, the immigration official will know for sure that the section does not apply to you and will not have to wonder whether or not you forgot to fill it in. By doing so, you will eliminate from the start a potential cause of delay in the processing of your application.
• Don’t leave time gaps if requested to account for an entire period of time. Another thing that you should not do is leave time gaps in those sections that require you to account for all the time between two dates, like, for example, in a section that asks you to list all the addresses where you have resided in the past ten years.
• Don’t provide contradictory information and don’t leave apparent contradictions unexplained. In your application do not provide information that is contradictory. If there are apparent contradictions, make sure you explain them in a cover letter to your application.
• Do not leave sections incomplete. If you run out of space when filling in a particular section, attach a separate sheet of paper to the form and indicate the number of the question you are answering.

1:2.4 What to avoid when submitting an application

It is helpful to remember, at any stage of the process, that there will be a person who will be assessing your application. Make their task easier to accomplish by ensuring that the forms and documents you submit are well organised. Some suggestions include:

• ensure pages that should be together are stapled or paper clipped;
• do not bind your application or put the pages in a ring binder;
• do not enclose individual pages in plastic, envelopes or folders;
• do not tie, sew, bolt or glue the pages together;
• do not use multiple staples on a page;
• do not send multiple copies of identical documents;
• do not fax or e-mail your application.

You should check with the relevant visa office and ask about the accepted methods of submitting applications (e.g. general mail, in person, by courier). You should also verify with them what are the acceptable methods of payment. In addition, make sure that you print your name and address on the top left-hand side of the envelope containing your application.

1:2.4.a What factors can slow down the processing of your application?

The following factors typically delay the processing of applications:

• incomplete or unsigned application forms;
• incorrect, incomplete address or failure to notify the immigration authorities of a change of address;
• missing documents or fees;
• unclear or non-certified photocopies of documents;
• documents not accompanied by a certified English or French translation;
• insufficient postage.

In general, you should make sure that you provide the required information and supporting documents at the time you are making the application. If you submit items in stages, the processing of your application will take considerably longer (and may even result in refusal before you get to submit the further papers). You should also avoid unnecessary enquiries to the visa office once your application has been submitted.

There may be additional factors delaying the processing of the application, such as a medical condition that may require additional tests or consultation, family situations such as impending divorce, or custody or maintenance issues, a criminal or security problem.

1:3 WHAT A TYPICAL APPLICATION WILL INCLUDE

Every application that you make will include the fees, the completed forms and the supporting documents.

The fees differ depending on the type of application made and the number of people included in the application. For a list of the fees payable at the time of the writing of these materials, see Schedule 4 (page 228). For updated information about the fees at the time you are making your application, visit the site of CIC at www.cic.gc.ca.

The forms to be completed can be obtained as specified in section 1:2.2. To complete them, use the guidelines provided by the Government of Canada and contact the relevant visa office overseas or CIC call centres inland8 if you have further questions.

The supporting documents that you must include are the documents specified in the checklist from the relevant visa office, a checklist which you should make sure you obtain as highlighted above in section 1:2.2. In general, supporting documents include:

• valid passport/travel document;
• proof of means of support like bank account statements, bank drafts in convertible currency, travellers’ cheques;
• police certificates and clearances;
• other documents relevant in the context of a particular application. For example, in the context of an application for a student permit, you would have to submit as a supporting document the letter of admission from a Canadian educational institution.

In addition, if you are not a citizen of the country from which you are applying, you must provide proof of your current immigration status in that country.

1:4 ABOUT HIRING A REPRESENTATIVE

Much of the general information needed to make an application is made available to you by the Canadian Government.

Many people, however, hire an immigration lawyer or consultant. While faster or more favourable processing is not given to people with representatives, a good representative can be a great asset. At the same time, a poor representative may hinder you, so you should be careful in your selection.

Choosing a representative is a difficult task. Though the term ‘specialist’ is thrown about like a football, knowing who truly has experience may be difficult to discern. You must make sure that you do your research: check references and visit the web sites of consultant groups like www.opic.org and www.aicc.ca, or of the relevant Law Societies of Canada (for Ontario, for instance, it is the Law Society of Upper Canada, at www.lsuc.on.ca). Note that as of the time of preparation of these materials, the government is set to regulate consultants. Information can be found at www.csic-scci.ca

With this basic ammunition in hand, let us now explore the world of Canadian immigration processing, and what you need to know.