CASE STUDY

Samantha is quietly confident

Samantha has contacted the Canadian High Commission and now has all the forms she will need to fill in. Initially, she thought she would apply for a temporary work permit, as she only wants to go to Canada for a few years, but she soon realises that her best route is to go for Permanent Resident status. Most temporary permits are only valid for a few months.

Working out her points for herself, Samantha is pleased to estimate them at 73. As a minimum score of 67 is needed, she is fairly confident and goes ahead with her application.

Samantha’s points

Samantha is a qualified nutritionist – an occupation which appears on the National Occupations Classification List. This is essential.

	Points
Education (BSc in Nutrition)	20
Language
fluent English	16
good A level French	8
Work experience (three years)	19
Age (24)	10
Arranged employment	0
Adaptability	0
	___
Samantha’s self-assessed total	73

Provincial Nominee Programme

This is a fairly recent scheme which now plays a major part in helping would-be immigrants under the Skilled Worker Category. Most provinces are now participating in the programme. You will see below which are on board. You need first of all to apply directly to the province you are interested in settling in. They will assess your application from two angles – the first is their immigration needs and the second is your genuine intention to settle in that area. If you choose this route you need to first complete the provincial nomination process, then apply to CIC. Provincial nominees are not assessed on the six selection factors applied to Skilled Worker applicants. So if you can’t make the magic 67 mark on the immigration points system, this can be a viable alternative. The other big plus is that it could significantly reduce the amount of time you wait to hear of the success of your Permanent Resident application. The Canadian High Commission say that, at the moment, they are processing PNP applications in six to nine months.

Basically, the programme allows participating provincial governments to choose a limited number of immigrants to meet local demand. These applicants are looked on very favourably by immigration officials. The aim of the programme is to increase the skilled workforce in areas where demand is greater than resources. It is definitely a route worth looking into.

Each participating province has a different programme structure and requirements:

Alberta – The scheme here is very much employer-driven in that employers present their needs to the programme, demonstrating that they conform to the following criteria:

• the position can’t be filled by a Canadian resident
• they are offering full-time permanent work in Alberta
• the job is being offered to an individual with the required qualifications
• the package meets provincial employment and wage standards
• there is no conflict with existing collective bargaining arrangements.

Potential employees can apply if they:

• have been recruited by a pre-approved Alberta employer
• have a valid job offer.

British Columbia – The programme is targeted to highly skilled immigrants needed to fill critical labour shortages. The prospective employer makes the application. There are three categories:

• strategic occupations – for skilled workers with a guaranteed job offer who are qualified in selected occupations. This would include registered nurses, skilled workers and international students.
• business skills – for individuals with the necessary skills and resources to start a business in BC.
• projects – this category includes managers, employees or business owners who are essential to the success of an economic project(s).

The Manitoba PNP selects skilled workers who will make a positive contribution to the provincial economy. Basic requirements for skilled workers applying for this programme are:

• sufficient training and work experience
• sufficient language ability to begin working soon after arrival
• settlement supports in Manitoba to assist you upon your arrival.

New Brunswick has a two-tier programme. Skilled workers are required to have a guaranteed job offer for permanent and full-time employment consistent with their education, training and experience. The requirements for the Business applicant are:

• previous successful management experience as a senior executive and/or business owner
• skills must be relevant to the business you intend to pursue in New Brunswick
• sufficient funds to finance the first phase of the planned business venture
• sufficient funds to sustain self and dependents for a period of up to two years
• you will participate in the business in an active managerial role.

Newfoundland and Labrador – the process here begins by the province identifying and recruiting immigrants with specialised skills which will benefit the economy. Applicants are assessed on a points system. This applies to skilled workers and business applicants.

Prince Edward Island has a scheme which applies to skilled workers and business applicants. The criteria vary dependent on the nomination class but include:

• an intent to settle in PEI
• proficiency in English or French
• possession of a BA or equivalent
• a guaranteed job offer from a PEI employer for skilled workers.

At the beginning of 2005, the province of Saskatchewan launched a revised PNP which will significantly increase openings for PNP applicants in that province. The revised programme allows foreign skilled workers to be nominated for about 45 per cent of jobs in Saskatchewan, well above the 2 per cent of jobs covered under the old guidelines.

The Yukon is looking for people with a good business background as well as experience in the production and marketing of goods. Applicants must demonstrate the following:

• experience in operating a business
• minimum net worth of C$250,000
• at least one visit to the Yukon within the last three years
• reasonable ability in French or English.

Nova Scotia operates two streams within its PNP. The first is for skilled workers for whom the basic requirements are:

• basic literacy in English or French and English
• minimum Grade 12 education (generally 13 years of education)
• 18 years and over.

The second stream relates to economic development. A privately owned company operating in Nova Scotia can offer a nominee employment in a middle management position for a minimum of six months.

The above gives you a basic idea. If you follow the direct link on the CIC homepage to ‘Provincial Nomination’ you can see a lot more information, listed by province. In some cases you can even access and download application forms.

Applying as a temporary, exchange or vacation worker

In almost all cases you will require a work permit to work temporarily in Canada. Please note that this is temporary and you must leave Canada when the permit expires. There are some jobs which are exempt from the work permit requirement. The current list is available at www.cic.gc.ca/english/work/exempt-l.html

The procedure for gaining a work permit consists of two steps:

• You must have a confirmed job offer, which will have to be verified by Human Resources and Skills Development Canada (HRSDC). They will approve it if they are satisfied that the job cannot be filled by a Canadian resident.
• If HRSDC approval is obtained, you then need to apply to CIC for your work permit.

Applying for a student work programme

More than 130,000 foreign students study in Canada each year. If your course of study is less than six months you will not require a student permit. However, for anything longer you will need one and, in any case, it is best to apply for a permit no matter what the length of your course. Circumstances change and with a permit you will be able to apply for renewal from within Canada if necessary. Another important point is that, once in possession of a student permit, you will be allowed to work part-time on campus. Every little bit helps!

You must have a formal acceptance from a Canadian educational institution to apply for a student permit.

BUNAC operates a student exchange programme for those taking a year out from college/university or having a gap year. They will advise you on the visa process. Further details about BUNAC can be found in Chapter 4.

CASE STUDY

Lucy gets helps with her visa

As she hopes to go to Canada as a temporary student worker, Lucy does not follow the same procedure as those who are applying for independent immigrant status. She is delighted to learn that BUNAC will see the application through Canada Immigration.

‘You’ll need to get your forms in to us as soon as possible, though,’ advises her BUNAC counsellor. ‘there are only a limited number of places each year and it is essential to get everything to us as soon as possible. Certainly before March.’

Lucy puts together her application and pays her fees to BUNAC. She has been advised that she will be required to provide evidence of sufficient funds to support herself on arrival in Canada. This is proving to be a problem, as she doesn’t have much of her small inheritance left.

‘You might like to ask your aunt if she will act as a personal sponsor. That way you will only need C$550,’ advises BUNAC.

Lucy writes to her aunt in Ottawa and waits for the reply before making her final application.

Applying as a live-in caregiver

Included in this category are nannies and workers qualified to care for the disabled, children with special needs and the elderly. Full details of the Live-in Caregiver programme can be found in Chapter 4.

Obtaining Employment Authorisation

If you have a Canadian job offer (which, as in the case of a permanent resident application, must be certified by a Canada Human Resources Employment Centre) you should apply to the Canadian High Commission for Employment Authorisation (a work permit). This is not transferable between jobs. You may be able to obtain Employment Authorisation that allows for swapping jobs, but it is not the norm. In some cases your authorisation may be valid for up to three years.

The key to temporary authorisation is proof that there are no Canadian citizens or landed immigrants available to carry out the job.

Others on exchange visits must also obtain Employment Authorisation, but this will normally be handled by the association or agency arranging the exchange. Exchange teachers should contact The League of Exchange of Commonwealth Teachers. (See Chapter 4 for further information.)

Applying as an entrepreneur or business person intending
to start a business in Canada

If you fall within this category your application will be given priority treatment and your chances of success are very good. Known as the Business Immigration Scheme, this category is aimed at entrepreneurs, investors and the self-employed. You should contact the Business Immigration Centre at the Canadian High Commission for complete details, but the following will give you a brief outline of how the scheme works.

Entrepreneur category

This applies to someone who is experienced in business, and who intends to buy or establish a business which will create jobs for one or more Canadians and make a significant contribution to the economy. Successful applicants are granted a conditional visa. Within two years of the visa being issued they must establish a business which employs at least one Canadian. You will need to prove that you have sufficient funds to accomplish this. You must be able to prove a net worth of C$300,000.

Investor category

To qualify for the investor category you must have successfully operated, controlled or directed a business or commercial undertaking and have accumulated a net worth of minimum C$800,000. You will then be required to make an investment of at least C$400,000 for five years in Canadian business. Investors have no conditions imposed upon their entry to Canada.

Self-employed category

Finally, within the Business Immigration Scheme is the self-employed person category. This describes someone who intends to purchase or set up a small business in Canada that will create employment for himself. Additionally, the applicant must provide documentary evidence that their intended business will make a significant difference to the economy or cultural life of Canada. Athletes and creative professionals such as writers and performers could come under this category.

Immigration to Quebec

The procedure is much the same but the points awarded for occupation are geared to the opportunities for employment in Quebec.

You can obtain and complete an application form on-line at www.cic.gc.ca/english/skilled/quebec/index.html, where you will also find step-by-step instructions for applying and lots of useful information. If you cannot go on-line, you need to contact the Canadian High Commission in London.

If successful, you will be given a Quebec Selection Certificate. At that point you join up again with the general Canadian immigration system and will need to complete medical and legal assessments. Fees are chargeable for this process. The whole thing takes from six to twelve months.

Universal requirements

There are two factors that apply no matter what category you apply under. If you have a problem with either of these there is not much point in lodging your application without seeking assistance from an immigration consultant or attorney.

Proving your good character’

All immigrants must be of ‘good character’. This means that if you have a criminal record you are not going to get a visa. And it is up to you to prove your good record. You will have to provide a police certificate/clearance from each country in which you have lived for six months or more in the last ten years. This also applies to all your dependants aged 18 or over.

If you or any of your dependants do have a criminal conviction in the past it is almost certain that your application will be refused. There is one small glimmer of hope, however. In exceptional circumstances those with criminal convictions may be admitted to Canada on the grounds that they have been ‘rehabilitated’. You may not apply for approval for rehabilitation until five years after the end of your sentence.

Passing a medical

The other universal criterion is health. You will not be granted a visa if you ‘present a health risk or danger to Canadians’ or are ‘likely to place an excessive demand on Canada’s health or social services’. You and all your dependants, whether they are accompanying you to Canada or not, must pass a medical in accordance with the above. This examination must be performed by a physician designated by the Canadian Immigration and Medical Division. You will be given a list of approved doctors when your application reaches that stage, or you can access a list of medical practitioners in your area from the CIC homepage.