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发信人: Saley@SMTH (共和国卫士), 信区: AdvancedEdu
标 题: Re: how to immigrate to canada
发信站: 水木清华 (Wed Jun 5 04:31:33 1996)
转信站: SMTH
==> xlht@SMTH (boy) 提到:
＞ anyone knows how to apply for immigrate to canada,tell me the prerequisites
＞ and the person to contact(with email address)
Note from KingHJ:
The following information can be obtained from http://www.singer.ca/
========================================================================
The Canadian government is currently issuing permanent resident
visas to qualified professionals and skilled persons under the
"Independent" category, who possess a variety of attributes including
education and employment experience which are compatible with
occupations "open" to prospective immigrants to Canada. There is no
requirement under this category to obtain an approved job offer from a
prospective Canadian employer.
Canada also admits immigrants under the Business Class, which
comprises of four sub- categories including Entrepreneur, Investor
Self Employed and Family Business Offer Of Employment.
In December 1995, the Minister of Citizenship & Immigration in
Canada, announced the new criteria for the selection of skilled
immigrants.
The new rules although not yet in force, are far reaching in that they
will substantially modify the current point system which provides
units of assessment on an occupation specific selection process.
The new process which maintains the point system concept, is designed
to address Canada's dynamic labour market by attracting those
persons who will complement the current structural unemployment
inefficiencies in the Canadian labour market.
Under the new Regulations, applicants will be selected on the basis of
their employment potential within nine broad categories as described
in the National Occupational Guide, with each category having four
levels of skill, one of which a potential applicant may possess.
Ideal candidates under the new Regulations, are those who are between
25 - 35 years of age, university educated, possess a working knowledge
of one of Canada's Official Languages and who will possess skills
rendering them "adaptable" in Canada's labour market.
Should you wish to obtain additional information regarding the
acquisition of Canadian permanent residence under the
"Independent" Category or Business Class, we invite you to review the
accompanying overview -FREQUENTLY ASKED QUESTIONS
(FAQ's) - THE ACQUISITION OF CANADIAN PERMANENT
RESIDENCE UNDER THE INDEPENDENT CATEGORY AND
BUSINESS CLASS ". Thereafter, forward to us by E-mail or by
means of Free assessment form a summary of your profile including,
nationality; current place of residence and immigration status; age;
marital status; number of accompanying dependent children;
education; employment experience; business and/or managerial
experience; language abilities in the english and french languages;
personal net worth and presence of close relatives in Canada.
Should you qualify, we would be pleased to provide you with our
assessment of your credentials at no charge.
The following is a compilation of Frequently Asked Questions (FAQs)
which prospective applicants most often raise.
DISCLAIMER:
This compilation of Frequently Asked Questions has been prepared by Colin R.
Singer, Attorney
At Law, for the intended reference by interested individuals and is not
intended to create an
attorney - client communication. This compilation may be reproduced for the
personal non
commercial use of interested individuals on the express or implied condition
that the contents
herein are neither edited, modified nor altered in whole or in part, directly
or indirectly without the
express written consent of the author herein.
FREQUENTLY ASKED QUESTIONS
THE ACQUISITION OF CANADIAN PERMANENT RESIDENCE
(SKILLED WORKERS & BUSINESS CLASS)
1.What does Canadian permanent resident status entail?
2.Who qualifies for Canadian permanent residence?
3.How are applications assessed under the independent category
(skilled workers)?
4.What are the main attributes of the proposed changes to the
selection of skilled workers?
5.How will skilled worker applications be assessed under the new
rules?
6.How long does it take to obtain a permanent resident visa?
7.Who is included in the application for permanent residence?
8.Can elderly parents be included in the application?
9.Where are applications submitted?
10.Do the Canadian authorities levy processing fees to evaluate an
application for permanent residence?
11.Must the applicant travel to Canada as part of the immigration
process?
12.Who must attend the selection interview?
13.What documents are submitted along with the application?
14.Is full-time employment experience a necessary requirement
under the Independent category?
15.What if the intended occupation differs from past employment
positions?
16.What about the interview process?
17.What about interview waivers?
18.Is there a requirement for the applicant to obtain a confirmed
offer of employment in order to qualify for permanent residence
under the Independent category?
19.What if the intended occupation requires registration/licensing?
20.Are assets/personal net worth determining factors in the selection
process?
21.Does it help to have a relative in Canada?
22.Do prior visa applications to Canada or the United States hinder
an application to Canada?
23.What are the obligations of Entrepreneur applicants after
landing in Canada?
24.Must an individual reside in Canada in order to maintain
permanent resident status?
25.Can Canadian permanent resident status lead to Canadian
Citizenship?
26.Can foreign nationals who have applied for Canadian permanent
residence under the Independent category obtain a temporary
non immigrant visitor's visa to Canada?
27.Can foreign nationals who have applied for Canadian permanent
residence under the Independent category concurrently apply for
a temporary non immigrant employment authorization?
28.Is it more advantageous to apply before or after an applicant has
researched the Canadian labour market?
29.What are the current prospects for employment in Canada?
30.Is a Canadian Citizen entitled to become employed in the United
States?
31.What are the general tax implications of acquiring Canadian
permanent residence?
32.What if a prospective applicant is destined to the Province of
Quebec?
33.What about the proposed changes to the immigration selection
process?
34.What are the benefits of engaging the services of an attorney who
specializes in Canadian or Quebec immigration matters?
35.Who consults this FAQ?
1.What does Canadian permanent resident status entail?
Pursuant to the provisions of Canada's constitutional laws, the
holder of a Canadian permanent resident visa and his/her
accompanying dependants are permitted to permanently reside
and earn a livelihood in any one of the ten provinces or two
territories within Canada.
FAQ Index
2.Who qualifies for Canadian permanent residence?
The Independent category provides for the granting of permanent
resident status to applicants who are assessed a total of 70 units
under 9 factors of assessment. Typically, individuals with an
undergraduate, graduate or post graduate degree in engineering,
mathematics, life sciences, computer science or business
administration and who possess one year of related work
experience, have the best chance to obtain permanent resident
status under the Canadian Independent category. As well, there
are a number of additional occupations (about 1200-1500) which
are "open" for prospective immigrants under this category.
The Entrepreneur category allows for qualified applicants to
receive Canadian permanent residence on the basis of an
investment plus active participation in a business or commercial
venture in Canada. A qualified applicant is generally one who
intends and has the ability to establish, purchase, or make a
substantial investment in a business or commercial venture in
Canada that will make a significant contribution to the economy
and whereby employment opportunities will be created or
continued in Canada for one or more Canadian citizens or
permanent residents, other than the entrepreneur and his
dependants.
The notion of substantial investment is not defined in the
Regulations and is therefore an issue which gives rise to the use of
discretion by an inland immigration officer during the mandatory
reporting process.
The concept of ability relates to an applicant's past business or
managerial track record, his efforts to become familiar with the
Canadian business community, languague skills, etc., and is
likewise a highly discretionary issue left to the judgment of the
interviewing visa officer.
To qualify under this category, an applicant must at a minimum,
provide documentation evidencing an overall personal net worth
in the area of $300,000 Cdn; and 2-3 years of business or upper
managerial experience.
The Investor category allows for the acquisition of Canadian
permanent residence on the basis of a five year passive irrevocable
investment in an approved Canadian company in the amount of
$350,000 or $250,000. Under the more expensive option,
applicants can, depending on the location of the borrowing
company, receive legal security on their investment which
provides for the return of capital plus interest.
Successful applicants must provide documented evidence of a
proven and successful business track record, and have a personal
net worth in excess of $500,000 Cdn which has been derived
directly or indirectly from the management of a commercial
enterprise.
Self Employed refers to an applicant who intends and has the
ability to establish or purchase a business in Canada that will
create an employment opportunity for himself and will make a
significant contribution to the economy or the cultural or artistic
life of Canada.
This would apply to self employed consultants, independent sub
contractors, artists, musicians, beauticians, etc. Prospective
applicants would be expected to demonstrate by way of
documentation, a "track record" of 2-3 years, and possess a
sufficient personal net worth which would vary depending on the
type of business and intended destination in Canada.
The family business program is geared to expand the
opportunities for family reunification. It provides an opportunity
for a Canadian resident to bring to Canada a member of his
family when he can demonstrate that for reasons of trust it is
more sensible to employ a family member than to use normal
recruiting practices to locate an employee. Generally, the
business must have been in a viable operating position for a
minimum period of one year unless the job offer is associated with
an expansion of the established business. As well, the prospective
family member immigrant, must have related work experience,
aptitudes and sufficient abilities to perform the duties of the
position in question.
FAQ Index
3.How are applications assessed under the independent category
(skilled workers)?
Applications are assessed on 9 Factors, with each factor being
assigned a numerical value. Successful applicants must receive a
minimum of 70 units of assessment with at least one unit under
the factor - Experience. Schedule I of the Regulations
enumerates the factors and allocates the maximum number of
units as follows:
1. Education 16
2. Specific Vocational Preparation 18
3. Experience 8
4. Occupation Demand 10
5. Arranged Employment 10
6. Demographic Factor 10
7. Age 10
8. Language 15
9. Personal Suitability 10
Maximum Score 107
FAQ Index
4.What are the main attributes of the proposed changes to the
selection of skilled workers?
The Minister of Citizenship & Immigration recently introduced
the new criteria for the selection of skilled immigrants with a
proposed coming into force date in 1996.
The new rules are far reaching in that they substantially modify
the current point system which provides units of assessment on
an occupation specific selection process.
The new process which maintains the point system concept, is
designed to address Canada's dynamic labour market by
attracting those persons who will complement the current
structural unemployment inefficiencies in the Canadian labour
market.
Under the new Regulations, applicants will be selected on the
basis of their employment potential within a broad number of
categories as described in the National Occupational Guide, and
distinguished in part on the basis of four levels of skill required to
perform a particular occupation.
The new rules will likely create four categories of skilled workers
with each category requiring a specifically tailored pass mark. The
four categories and the corresponding pass marks include:
(a) Professional Skilled (52)
(b) Technical Skilled (47)
(c) Skilled Trade (45)
(d) Skilled Administrative (52)
Ideal candidates under the proposed Regulations, are those who
are between 25 - 35 years of age, university educated, possess a
functional knowledge of one of Canada's Official Languages and
who will possess skills rendering them "adaptable" in Canada's
labour market.
From a procedural standpoint, the new rules place a greater
emphasis on perfecting applications at the submission stage, and
permit the use of discretionary interview waivers. This concept
has been popular at certain posts during the past 15 months as it
minimizes the manpower requirements at visa offices abroad.
Two mechanisms will be introduced which permit the Minister to
swiftly modify the selection process to conform to the annual
Immigration Plan, which effectively establishes numerical targets
for skilled workers.
First, the new rules will likely introduce legislative authority to
impose annual limits on the number of visas issued within each of
the four occupational categories created. Once these numbers
have been realized, applications can be refused under the
proposed changes, without assessment.
Second, different levels can be PERIODICALLY set for each of
the four occupational categories where the number of applicants
coming from given categories is excessive or deficient. This
mechanism can be achieved through the Labour Market Balance
factor. The LMB factor will be initially set at 10 points for the
four categories, representing between 19% - 22% of the required
pass mark for the four occupational categories. Subject to
amendment, applications under the four categories will therefore
receive the maximum of 10 points.
Since applications will be dealt with on a first - come, first-
served basis, prospective applicants would be encouraged to file
and perfect their applications during the earlier part of a
particular calendar year rather than the latter part.
FAQ Index
5.How will skilled worker applications be assessed under the new
rules?
Applications will be assessed under 8 Factors, with each factor
being assigned a numerical value. Successful applicants must
qualify under one of the four skilled worker categories and receive
the minimum pass mark assigned to that particular category. At
least one year of relevant experience will be required. The
experience must have been gained in the five years prior to the
application. Schedule I.1 of the proposed Regulations enumerates
the factors and allocates the maximum number of units as
follows:
1. Education or Trade Certificate 15
2. Knowledge of Official Language 15
3. Recent Experience 6
4. Age 9
5. Adaptability 12
6. Arranged Employment 3
7. Relative in Canada 4
8. Labour Market Balance Factor 10
Maximum Points 74
FAQ Index
6.How long does it take to obtain a permanent resident visa?
Depending upon the time of year, the visa office in question and
other factors, the processing time for an application for
permanent residence filed under the independent category can
vary from between 4 months and 18 months. This is the time
generally needed to demonstrate compliance under one of the
applicable categories; a clean bill of health for the applicant and
accompanying dependants; sufficient assets to successfully
establish the family in Canada; and a confirmation of no criminal
inadmissibilities for the applicant and the overage accompanying
dependents.
As well, Business Class cases are generally handled in priority
fashion.
FAQ Index
7.Who is included in the application for permanent residence?
The application for permanent residence generally includes the
applicant, spouse and any unmarried children under the age of 19
years. Children over the age of 19, can in certain instances, be
included as accompanying dependants.
FAQ Index
8.Can elderly parents be included in the application?
Generally, parents are not included as accompanying dependants
of the main applicant. Parents can be sponsored after the
applicant becomes a Canadian landed permanent resident. In
exceptional cases, an elderly parent can be included as an
accompanying dependant pursuant to the "Last Surviving
Member" policy.
FAQ Index
9.Where are applications submitted?
Applications for Canadian permanent residence must be filed
with an appropriate visa office outside of Canada. The effective
selection of the processing visa office can greatly reduce the
overall processing time which varies from post to post.
FAQ Index
10.Do the Canadian authorities levy processing fees to evaluate an
application for permanent residence?
Applications for permanent residence must include the
appropriate non refundable processing fees for applicants and
their accompanying dependants. As well, a Right Of Landing Fee
of $975 Cdn is levied to any person who is at least 19 years of age
applying for permanent residence.
Processing fees and Right Of Landing fees must be filed with the
applications. In the event an application is refused or withdrawn,
the Right Of Landing fees are refundable.
FAQ Index
11.Must the applicant travel to Canada as part of the immigration
process? (Not applicable for persons studying or working in
Canada)
The applicant need not visit Canada as part of the immigration
process. However in some cases, familiarity with the Canadian
landscape and particularly with the area of intended destination
can impact positively on the assessment.
Entrepreneurs are being encouraged to undertake exploratory
visits to Canada and participate in information sessions sponsored
by the provinces. Such efforts relate to an indication of an
applicant's ability to meet the universal terms and conditions of
admission.
FAQ Index
12.Who must attend the selection interview?
The applicant and spouse (where applicable), will generally be
required to travel to the processing visa office and attend the
selection interview. In some cases, the requirement for a spouse to
attend the selection interview, can be waived.
As well, certain posts require that accompanying dependant
children over the age of 19 years, attend the immigration
selection interview. The selection of the processing visa office is
therefore one factor in determining who must attend the selection
interview.
FAQ Index
13.What documents are submitted along with the application?
Applications filed under the Independent category generally
include documents pertaining to the applicant's education and
employment experience. Business Class cases must be supported
by documentation which corroborates an applicant's
business/managerial experience. During the process, applicants
are required to submit statutory documents such as birth
certificates, marriage certificates and certificates of non-criminal
conviction from each place of residence where an applicant has
permanently resided for more than 6 months during the past 10
years. The timing of the production of all supporting
documentation will vary from post to post.
FAQ Index
14.Is full-time employment experience a necessary requirement
under the Independent category?
In most instances, at least one year of full-time employment
experience related to the applicant's intended occupation in
Canada, is a necessary preliminary requisite to qualifying for
permanent resident status. A number of graduate students and
post doctoral candidates may not possess so called "full-time"
employment experience within the traditional sense other than
faculty related internships, teaching positions, etc. In many cases,
such experience may prove sufficient.
This aspect of an applicant's profile gives rise to the use of
discretion by the visa office and accordingly, should be addressed
in an appropriate manner.
FAQ Index
15.What if the intended occupation differs from past employment
positions?
With exception, zero units of assessment under the experience
factor precludes further processing of the application. However,
where the various components of an applicant's employment
profile are compatible with the job description of an "open"
occupation, current guidelines provide in certain cases for the
recognition and transferability of the related experience.
The number of units of assessment awarded under the experience
factor will depend upon reasoned presentations on the part of the
applicant and would ultimately be left to the discretion of the
interviewing visa officer.
FAQ Index
16.What about the interview process?
Under the Independent and Self Employed categories applicants
who "on paper" are assessed a minimum of 60 units of
assessment, are either interviewed or interview waived.
Generally, an interview would be scheduled to determine inter
alia, whether an applicant will demonstrate favourable personal
qualities including motivation, initiative, resourcefulness etc.,
which are the criteria used to assess personal suitability. The
interview may likewise be conducted to ensure the accuracy of the
information contained in the documentation submitted; to
confirm an applicant possesses the necessary means to settle in
Canada; to verify the absence of security inadmissibilities; to
ensure the applicant is intending to enter the Canadian labour
market in an "open" occupation (rather than take on a student
status); to verify whether there are sufficient grounds to exercise
positive discretion; etc.
Under the Business Class (Entrepreneur and Investor),
applicants are interviewed to ensure conformance with the
statutory definitions and to review the general parameters of the
business proposal in Canada.
Applicants are advised to bring to the interview, all original
documentation supporting the application; certificates of non
criminal conviction; evidence of settlement funds.
FAQ Index
17.What about interview waivers?
Certain Visa Offices engage in the practice of waiving interviews.
This is highly discretionary and is largely a function of the visa
office in question and the qualifications of a particular applicant.
FAQ Index
18.Is there a requirement for the applicant to obtain a confirmed
offer of employment in order to qualify for permanent residence
under the Independent category?
Unlike the United States, the Canadian Citizenship &
Immigration authorities do not impose such a requirement. In
essence, current Canadian immigration policy dictates that if an
applicant meets the selection criteria, he/she is likely to become
successfully established in Canada. However, "arranged
employment" will provide a prospective applicant with an
additional 10 units of assessment.
FAQ Index
19.What if the intended occupation requires registration/licensing?
There are a number of occupations requiring registration and/or
licensing and where special immigration procedures apply. The
typical occupations include:
ENGINEERS - Applicants must have their education and
employment experience favourably assessed by the Canadian
Council of Professional Engineers (CCPE). Aplications for
permanent residence would include an assessment form (IMM
1338) with a service fee of $100 payable to the Council. The visa
office will forward the request to the Council for assessment.
ENGINEERING TECHNOLOGISTS and TECHNICIANS -
Applicants must have their education and employment
experience favourably assessed by the Canadian Council of
Technicians and Technologists (CCTT). Applications for
permanent residence would include an assessment form (IMM
1338) with a service fee of $100 payable to the Council. The visa
office will forward the request to the Council for assessment.
OCCUPATIONAL THERAPISTS - Applicants must have their
education and employment experience favourably assessed by the
Canadian Association of Occupational Therapists. Applications
for permanent residence would include an assessment form (IMM
5206) with a service fee of $100 payable to the Association. The visa
office will forward the request for assessment.
Applicants who are favourably assessed by the applicable
professional entity, will still be obliged to obtain the proper
licensing in order to practice in the desired occupation.
FAQ Index
20.Are assets/personal net worth determining factors in the selection
process?
Under the Independent category, personal net worth is not a
selection criterion under which an applicant is assessed. Assets
can impact positively upon an applicant's assessment under the
factor - "Personal Suitability".
All applicants must however provide evidence of sufficient funds
for the family to travel and settle in Canada. Generally, a sum
ranging between $5,000 - $20,000 CDN would be deemed
sufficient depending upon the size of the conjugal family and the
area of intended destination. Such evidence would be furnished
immediately prior to visa issuance.
Under the Business Class, the asset profile is a regulatory
criterion under the Investor category. For entrepreneurs,
although the Regulations do not provide for a specified personal
net worth, this criterion is taken into consideration by visa officers
when evaluating an applicant's intention and abilities.
FAQ Index
21.Does it help to have a relative in Canada?
Having a close relative in Canada such as mother, father, son,
daughter, brother, sister, uncle, aunt or grandfather,
grandmother provides an applicant with additional units of
assessment under the selection process.
FAQ Index
22.Do prior visa applications to Canada or the United States hinder
an application to Canada?
This is another area which is quite sensitive and should be
addressed appropriately.
FAQ Index
23.What are the obligations of Entrepreneur applicants after
landing in Canada?
Applicants and all their accompanying dependants are landed
with mandatory (universal) "terms & conditions" requiring that
the main applicant inter alia, establishes or invests into and
remains active in a business or commercial venture in Canada.
The business must create or maintain employment opportunities
for at least one Canadian permanent resident other than the
applicant and his family.
There is a monitoring process which requires landed
entrepreneurs to report to an inland Canada immigration centre
every six (6) months until the inland immigration officer is
satisfied that the investment complies with the regulations.
Failure to comply with the universal terms and conditions can
lead to an inquiry which may result in the deportation of the
applicant and his landed dependants.
FAQ Index
24.Must an individual reside in Canada in order to maintain
permanent resident status?
Under current legislation, a Canadian permanent resident should
not remain outside of Canada for more than six months in any
twelve month period. However in some cases, a Returning
Resident Permit may be obtained from the Canadian authorities
which would allow for continuous absences of up to two years
while permanent resident status is preserved. For example,
individuals who wish to complete their studies or honour the
terms and conditions of an existing employment contract may
qualify for such a permit. This is a highly discretionary area of the
regulations. For additional information on this topic, kindly refer
to our publications:RETURNING RESIDENT PERMIT - A
FALSE SENSE OF SECURITY" and the CANADIAN
RETURNING RESIDENT PERMIT - FAQ.
FAQ Index
25.Can Canadian permanent resident status lead to Canadian
Citizenship?
As a general rule, individuals with three years of permanent
resident status during the preceding four years can qualify for
Canadian citizenship. Generally, actual physical residence is
required. However in a number of instances, non physical
residence has been acceptable. The issue of physical and non
physical residence has given rise to substantial litigation and
accordingly merits further consideration by prospective
applicants.
For a more thorough discussion on this issue, kindly refer to our
publication - "CANADIAN CITIZENSHIP AND THE THREE
YEAR RESIDENCE REQUIREMENT".
FAQ Index
26.Can foreign nationals who have applied for Canadian permanent
residence under the Independent category obtain a temporary
non immigrant visitor's visa to Canada?
Traditionally, concurrent applications for permanent residence
and temporary entry have been viewed by visa officers as being
incompatible with each other. Under current immigration policy,
applicants are encouraged to become familiar with Canada's
landscape which assumedly will augment the applicant's
likelihood of successfully integrating into Canadian society.
Applicant's are discouraged however from "waiting" inside
Canada during the permanent residence application process.
Accordingly, applicants who wish to procure temporary entry
into Canada and who have pending, an application for permanent
residence, will be required to demonstrate sufficient ties to their
current country of residence prior to the issuing of a temporary
visitor's visa by the Canadian visa office.
FAQ Index
27.Can foreign nationals who have applied for Canadian permanent
residence under the Independent category concurrently apply for
a temporary non immigrant employment authorization?
The issues raised above, should be reiterated here as well. In
addition, applicants who wish to procure a temporary
authorization visa must initiate the process to obtain an
employment authorization with the assistance of the prospective
employer who must file an application with the Canada
Employment authorities inside Canada. It is only after the
employment authorities have confirmed that the hiring in
question will not adversely affect the local labour market, that
the application would be forwarded to the appropriate visa office
outside Canada for immigration assessment and processing. This
is known as "arranged employment". As the processing time at
the employment validation stage can entail a delay of up to 4
months, it would not be advantageous in most cases, for the
applicant to apply for a temporary authorization visa during the
processing of an application for permanent residence.
FAQ Index
28.Is it more advantageous to apply before or after an applicant has
researched the Canadian labour market?
The various occupations which are open to prospective
immigrants to Canada, are continuously being revised by the
Canadian immigration authorities to reflect Canada's changing
labour market requirements. Moreover, it is common knowledge
that the Government of Canada is presently reviewing numerous
proposals for possible amendments to Canada's Citizenship &
Citizenship legislation. Accordingly, applicants who manifest a
serious interest in obtaining permanent residence would be
encouraged to proceed with the filing of the application(s) and the
non refundable government filing fees in a timely fashion so as to
ensure the preservation of their qualifications. It is the date of
submission of the application which generally determines which
regulatory selection criteria will be applied.
As well, since the processing of either a permanent resident or an
employment authorization visa generally takes months to
complete, Canadian employers prefer to consider the candidacy of
applicants who possess the appropriate legal status to become
permanently employed in Canada. This increases the
marketability of a potential applicant for the prospective
Canadian employer.
FAQ Index
29.What are the current prospects for employment in Canada?
A number of Canadian High Technology, Engineering and
Finance firms are now recruiting qualified individuals who are
lawfully permitted to take up employment in Canada on a
permanent basis. Many of these firms are currently advertising
available positions in Canada's leading newspapers, trade
journals and on related BBS's.
30.Is a Canadian Citizen entitled to become employed in the United
States?
Under the provisions of the North American Free Trade
Agreement, citizens of Canada who fall within a particular
professional designation, can qualify for a U.S. non-immigrant
employment visa. This type of visa can be issued at a border INS
office without the need to obtain prior approval from the local
Department of Labour authorities. As well this type of one year
renewable visa can ultimately lead to U.S. Green Card status.
FAQ Index
31.What are the general tax implications of acquiring Canadian
permanent residence?
The Canadian Government imposes income tax on the basis of
residency rather than citizenship. It is therefore possible to
become a Canadian citizen and a non-resident for tax purposes.
After becoming a permanent resident and prior to attaining
citizenship, an individual would be required to pay Canadian
taxes on world-wide income. However, the tax legislation allows
for newly arriving permanent residents to establish an off-shore
trust into which may flow all of the non Canadian sourced
income, except employment income. The trust avails for a
maximum period of five years and it is therefore possible to
become a Canadian citizen and a non-resident within the
life-span of the trust.
FAQ Index
32.What if a prospective applicant is destined to the Province of
Quebec?
Pursuant to the provisions of the Quebec/Canada Accord, the
Canadian Immigration Act and the Quebec Act Respecting the
Selection of Foreign Nationals, the Province of Quebec has
established its own legislation with respect to the selection of
foreign nationals who are destined to that province.
However, the Canadian Citizenship & Immigration authorities
still maintain exclusive jurisdiction in the areas of visa issuance,
and medical and criminal inadmissibilities.
Applicants who are intent on settling in Quebec after acquiring
Canadian permanent residence, are encouraged to file their
applications for a Quebec Certificate of Selection with the
appropriate Quebec Delegation outside Canada. Once this
undertaking is completed, the appropriate applications for
Canadian permanent residence would be reviewed by the
appropriate Canadian visa office.
For a more thorough discussion on this issue, kindly refer to our
publication "QUEBEC IMMIGRATION - FAQ".
FAQ Index
33.What about the proposed changes to the immigration selection
process?
The Canadian Government has recently announced that new
regulatory changes will be introduced sometime in 1995 with a
view to implementation in the fall of 1995. These proposed
changes are far reaching and will substantially modify the
current method of selecting applicants under the Independent
category. Accordingly, interested qualified applicants would be
encouraged to proceed with the filing of their applications and
government filing fees in a timely fashion so as to ensure the
preservation of their present qualifications.
FAQ Index
34.What are the benefits of engaging the services of an attorney who
specializes in Canadian or Quebec immigration matters?
The Canadian and Quebec Immigration laws and regulations
provide for the extensive use of discretionary authority by
immigration officers. Such discretion must be exercised in precise
and well defined limits.
There are a number of issues which are more complex than the
average applicant (and in many cases, Canadian visa officers)
fully understand and which merit the participation of reputable
Canadian legal counsel in the process of planning for and
acquiring Canadian permanent resident status. These issues are
the subject of volumes of reported case law and Immigration
Board decisions and are referred to in part, in Government of
Canada procedures manuals, Government Operations
Memorandums, and the like and ironically, provide for the
full-time employment of a number of persons in the public sector
within the Department of Citizenship & Immigration Canada.
An attorney specializing in this field, will be able to recognize the
presence of irregularities in the use of discretionary authority, the
misapplication of immigration directives and guidelines, the
misapplication of regulatory definitions and the committing of
fundamental breaches in the duty to act fairly during the
assessment process and, intervene with the visa office on an
ongoing basis where required. An experienced and competent
attorney will ensure that irregularities are raised within the
proper delays, and that the issues in question can be properly
addressed before the appropriate authorities.
In practical terms, a reputable attorney will effectively prepare
submissions which satisfactorily address the issues where
discretion is a factor. A reputable attorney will effectively present
to the visa office instances of irregularities in the assessment
process which most often will be corrected, thus avoiding the need
to avail the use of the judicial system.
Lastly, Canadian Visa Offices, pursuant to the Privacy Act and
its attendant regulations, are strictly prohibited from divulging
to third party representatives, any information regarding the
processing of an application unless such persons retain either
Canadian Citizenship or Canadian permanent resident status.
FAQ Index
35.Who consults this FAQ?
This compilation is currently the most authoritative publication
of its kind in the Canadian Citizenship & Immigration field. It
first appeared on the Internet in its original form, in July 1994. It
is now the most widely distributed immigration FAQ worldwide,
and is regularly consulted and referenced by Canadian and
international lawyers, Canadian immigration officers,
immigration consultants, university and college placement
officers, university and college foreign student advisors,
university legal aid clinics, university department staffs, student
associations and generally, persons approaching this subject
material on an ongoing basis.
This FAQ is regularly updated to ensure the continued accuracy
of the information contained herein with respect to ongoing
changes in the Canadian immigration field. If you have any
suggestions regarding additions to this publication, kindly
provide us with your comments.
FAQ Index
"We are all citizens of the world and the tragedy of our times is that we do
not know this". -
Woodrow Wilson
Colin R. Singer, Attorney
Canadian Citizenship & Immigration
Resource Center (CCIRC) Inc.
4999 Ste-Catherine St.W, Suite 510
Montreal, Quebec, H3Z 1T3
Tel.:(514)487-2011 Fax:(514)487-2385
World Wide Web site: http://www.singer.ca/
E-mail: csinger@singer.ca
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