Matrixvisa Inc.
Immigration Law and International Recruitment

 

 

How to Immigrate
   
 

There are three main classes of Immigrants created by the Immigration and Refugee Protection Act.  These are:

1. Economic Classes of Immigrants:

2. Family Class of Immigrants (sponsorship and adoptions)

3. Refugee Class of Immigrants

There are also temporary classes such as work permits and study permits. In certain cases a visa might be issued for humanitarian and compassionate cases. 

 

Federal Skilled Worker

A Federal Skilled Worker could qualify for a permanent residence visa if the applicant applies for a visa in an approved occupation and if the applicant achieve 67 points or more.

Occupations open for applications

Within 10 years preceding date of application for permanent residence visa an applicant require at least one year of full time employment experience (37.5 hours per week) or part time experience in one or more occupation as listed in the National Occupation Classification (other than restricted occupation). These occupations must be listed in

  • Skill Type 0 (zero) Management Occupations or

OR

  • Skill Level A: University Degree at Bachelor or higher level

OR

  • Skill Level B:
    • 2 or 3 years post secondary education at a community college, institute of technology
    • 2-4 years of apprenticeship training
    • 3-4 years of secondary school education and more than 2 years on the job training, specialized training courses or specific work experience
    • Occupations with supervisory responsibilities and occupations with significant health and safety responsibilities, such as firefighters, police officers and registered nursing assistants are all assigned skill level B

A total of 75 points must achieved with the following criteria:

EDUCATION

Maximum 25 points for education for the occupation for which the applicant is applying

  • 5 points: 5 points for completion of secondary school
  • 12 points: for one year post secondary educational credential and a total of 12 years of fulltime or equivalent of fulltime studies
  • 15 points: for one year post secondary educational credential and at least 13 years of fulltime or equivalent of full time studies or one year university educational credential at the Bachelor level and a total of at least 13 years of full time or full time equivalent studies.
  • 20 points: for two year post secondary educational credential and a total of 14 years of full time or equivalent full-time studies or a two year university educational credential at the bachelor level and total of at least 14 years of full time or equivalent full-time studies.
  • 22 points: for a three year post secondary credential requiring at least three years of full time study and a total of 15 years of full time of full time equivalent studies or for two or more university credentials at a bachelor level and a total of 15 years of full time of full time equivalent studies
  • 25 points: for a masters of doctoral educational credential and a total of 17 years pf full time or equivalent fulltime studies

AGE

Maximum 10 points for age

  • from 21 but less than 50 = 10 points
  • 20 and 50 = 8 points
  • 19 and 51 = 6 points
  • 18 and 52 = 4 points
  • 17 and 53 = 2 points
  • less than 17 and above 54 = 0 points


LANGUAGE

Maximum 24 points for proficiency in English and French

  • For ability to speak listen read or write with high proficiency
    • In the first official language: 4 points for each of the abilities
    • In the second official language: 2 points for each of the abilities
  • For ability to speak listen read or write with moderate proficiency
    • In the first official language: 2 points for each of the abilities
    • In the second official language: 2 points for each of the abilities
  • For ability to speak listen read or write with basic proficiency
    • In the either of the official languages 1 point for each of the abilities up to 2 points

EXPERIENCE

Maximum 21 points for experience. Within 10 years preceding the date of application

  • 15 points for one year experience
  • 17 points for two years experience
  • 19 points for three years experience
  • 21 points for 4 years or more experience

EMPLOYMENT

Maximum of 10 points if the person holds a work permit. (some of work permits can only be issued if an "economic effect determination" has been completed by Human Resources Development Canada). Other work permits can be achieved with more ease - especially in the case of computer specialists. Maximum of 10 points can also be given if a person has a job offer. These job offers must be genuine, full time and wages and working conditions must be normal.

ADAPTABILITY

Maximum of 10 points is awarded for a combination of any of the following elements:

  • educational credentials of spouse of common law partner: 3, 4 or 5 points
  • any previous study in Canada: 5 points
  • any previous work in Canada: 5 points
  • offer of employment in Canada: 5 points
  • person living in Canada (family) as described below: 5 points

"Educational credentials of spouse"

  • 3 points: if the spouse was the applicant and would have received 12-15 points, the spouse would get 3 under adaptability
  • 4 points: if the spouse was the applicant and would have received 20-25 points, the spouse would get 4 under adaptability
  • 5 points: if the spouse was the applicant and would have received 25 points, the spouse would get 5 under adaptability

"Previous study in Canada"

5 Points if the applicant or applicant's spouse or accompanying common law partner after age of 17 completed a program of 2 years full time study at a post secondary institution in Canada on a study permit.

"Previous work in Canada"

5 Points if the applicant or applicant's accompanying common law partner have one year full time work experience in Canada under a work permit.

"Offer of Employment"

5 Points if the applicant has a genuine offer of employment (does not have to be validated by HRDC)

"Family relationship in Canada"

5 Points if the applicant or applicant's spouse, or accompanying common law partner is related by blood, marriage or adoption to a person in Canada that is a permanent resident or citizen that is a:

  • mother or father
  • grandmother or grandfather
  • their child
  • a child of their child (grandchild)
  • a child of their mother or father (brother or sister)
  • child of the father or mother of their father or mother other than their mother or father (i.e. uncle or aunt)
  • child of the child of their mother or father (child of brother or sister)

 

Entrepreneur

An  entrepreneur must have obtained a net worth of CAD 300 000, control at least 33,3   percent of qualifying Canadian business, provide active and ongoing management of this business and create at least one full time job for a Canadian or permanent resident (other than their own family members).


Investors

The four requirements of an investor is as follows:

An investor is an foreign national who:

1. Has the correct business experience. "Business Experience" is defined through the following criteria:
  • Qualifying business: there are four definitions of a qualifying business- of which two must be met. The four definitions are:
    • the percentage of equity multiply by number of full employees must be equal to or greater than two;
    • Percentage of equity multiply by total annual sales must be equal to or larger than CAD500 000;
    • The percentage of equity multiply by annual income must be greater than CAD 50 000;
    • Percentage of income multiply by net assets must be equal to or greater than CA125 000.
  • Time involved in this business: at least two years
  • Role in the business: The investor must control a percentage of equity depending on the number of employees, annual sales, annual net income or net assets. At least two of the following criteria must be met:
Attribute
Persentage of Equity Controlled
100%
50%
33.33%
Employment
2
4
6
Total Annual Income
500 000
1 000 000
15 000 000
Annual Net Income
50 000
100 000
150 000

Net Assets at
Year-End

125 000
250 000
375 000

 

 



Or

Management of at least 5 full-time jobs (each job at least 1950 hours of paid employment per year)

2. Has legally obtained net worth of at least CAD800 000. It is very important to note that applicants will have to prove how these funds where obtained.

3. Indicates in writing to an immigration officer that they intend to, or have made an investment of at least CAD400 000 for 5 years. This investment can be financed and is known as a walk-away finance. This "walk-away" finance will cost an applicant CAD130 000.

4. Score 35 points out of 100 points in the following points system. These points are obtained as follows:

  • Business experience
    • 5 years business experience: 35 points
    • 4 years business experience: 30 points
    • 3 years business experience: 25 points
    • 1 year business experience: 20 points
  • Age
    • 21-49 years: 10 points
    • Less 2 points for every year over 49
  • Education
    • Doctors or Masters Degree & 17 years of study: 25 points
    • 3 year trade or LLB or Medical Degree & 15 years of study: 22 points
    • Bachelor degree or two year trade certificate & 14 years of continues study: 20 points
    • Bachelor degree or one year trade certificate & 12 years of study: 15 points
    • Etc
  • Official languages. An applicant can achieve a maximum of 24 points for any language and 16 points for the second language.
  • Adaptability. 6 points for a visit to Canada and 6 points in a designated joint federal-provincial immigration incentive: Maximum 6 points

 

Self Employed

A Self Employed Immigrant is a foreign national that

  • has the relevant experience;
  • has the intend and ability to be self employed in Canada;
  • intends to make a significant contribution in specified economic activities through self employment in a world class level in cultural activities (photography, journalist, etc) in athletics or in agriculture.

A Self Employed Immigrant has to achieve 35 points out 100. The 35 points may be achieved through the following:

  • Maximum 10 points for age
    • from 21 but less than 45 = 10 points
    • 20 and 45 = 8 points
    • 19 and 46 = 6 points
    • 18 and 47 = 4 points
    • 17 and 48 = 2 points
    • less than 17 and above 48 = 0 point
  • Maximum 25 points for education
    • 5 points: for completion of secondary school
    • 12 points: for one year post secondary educational credential and a total of 12 years of fulltime or equivalent of full time studies
    • 15 points: Bachelor degree or one year trade certificate and a total of 13 years of fulltime or equivalent of full time studies
    • 20 points: Bachelor degree or two year trade certificate and 14 years of full time or equivalent full-time studies
    • 22 points: Bachelor degree or three year trade certificate and a total of 15 years of full time of full time equivalent studies
    • 25 points: for a masters of doctoral educational credential and a total of 17 years pf full time or equivalent fulltime studies
  • Maximum 16 points for English or French as a first language and an additional 8 points for the second language (English or French).
  • Maximum 35 points for experience
    • 20 points for two years of relevant work experience
    • 25 points for three years of relevant work experience
    • 30 points for four years of relevant work experience
    • 35 points for five years of relevant work experience
  • Maximum 10 points for Adaptability for a combination of any of the following
    • 3, 4 or 5 points for education credentials of spouse of accompanying common law partner
    • 5 points for any previous period of study in Canada
    • 5 points for any previous period of work in Canada
    • 5 points for family members in Canada as described above

 

Live-In Caregiver Program

Live In Care Giver Program allows people to come to Canada and care for children, people with disabilities or the elderly.

How to Qualify

In order to qualify for the Live In Care Giver Program a person must:

  • completed High School;
  • completed a six months full time training course or 12 months of full time paid employment (including six months of continues employment at least one employer - this experience must have been achieved within 3 years immediately form the date of application;
  • be able to communicate (speak read and understand) English or French at a level to sufficiently communicate independently;
  • have a written contract with the employer.

Renew Work Permit

The work permit must be renewed after one year.

Permanent Residence and Canadian Citizenship

After the person has worked as a Live-In Caregiver for 2 years the person may apply for permanent residence status. Once the person has a permanent residence visa the person may pursue any career or studies. After the person has been a permanent resident for 3 years, he/she may apply for Canadian Citizenship.

 

Low Skilled Pilot Project (Farm Workers)

Background

Human Resources Development Canada has started a low skilled pilot project for farm workers. The project is currently under evaluation and small changes are expected over time.

Work Permit, Permanent Residence and Canadian Citizenship

In principle it work the same as the Live-In Care Giver Program, i.e. once the person has worked on a farm for two years with a work permit* the person may apply for permanent residence. Once the farm worker has obtained permanent residence the person may pursue any career or studies. After being a permanent resident for 3 years the immigrant may apply for Canadian Citizenship.

The farmer must provide proof that a Canadian or Permanent Resident can not be found to do the work. The farmer must provide full time employment and a contract must be signed.

*Currently the farm worker must leave the country after the first year for 4 months in order for the work permit to be renewed.

 

Updated: June 2007
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