| CANADA : Frequently Asked
Questions: General Inquiries
What is a
Canadian Immigrant Visa?
An Immigrant
Visa is a document which allows a person to live and work anywhere in Canada, and confers
upon that person permanent resident status. It comes with certain responsibilities and can
be revoked if the holder is out of the country for too long, or is guilty of some criminal
activity. A person who is a Canadian permanent resident may apply for Canadian Citizenship
after 3 years.
How is an
Employment Authorization different from an Immigrant Visa?
An Employment
Authorization permits an eligible visitor to reside and work in Canada for a limited
period of time, and restrictions are usually placed on the type of employment which can be
pursued. It will not, by itself, lead to Canadian permanent resident status. By contrast,
a Canadian Immigrant Visa entitles its holder to live and work anywhere in Canada, enjoy
many of the privileges of Canadian Citizenship, apply for Canadian Citizenship after 3
years and sponsor family members for Canadian permanent resident status.
Can I apply for
permanent resident status and temporary status at the same time?
You can apply
for permanent resident status and temporary status at the same time (dual intent). Doing
so will not harm your application for permanent resident status. However, your application
for temporary status may be affected because an impression will have been created that you
do not intend to leave Canada upon the expiration of your temporary status. Therefore it
is better to apply for temporary status before you apply for your permanent resident
status.
Is my legal status
in the country from which I am applying relevant?
Canadian policy
has been to ignore an applicant's foreign immigration status. However, there have been
some refusals on the grounds of criminal inadmissibility where the applicant admitted to
having knowingly violated the immigration laws of a foreign jurisdiction.
I have
heard that Canadian Immigration Regulations will be changing. When will that be?
How will I be
affected? Imm SRC="fs_img/spacer.giigration laws, regulations, and policies are subject to change. Ongoing
discussions are taking place with the aim of making the selection criteria more compatible
with the changing requirements of Canada's economy. The effect of these changes will vary
considerably from one applicant to another, depending on the particular circumstances.
While one candidate may benefit from these changes, another may suffer a loss of points,
or even automatic inadmissibility.
Is there a benefit
to using an attorney for immigration to Canada?
Statistically,
your chances of succeeding are increased if you are represented by a qualified attorney.
But expert representation is not demanded by the Canadian immigration authorities.
1.7 How do I retain International Consultants to represent me?
As a first step, we ask that you complete an assessment form so that we may determine your
eligibility. You may do so as a skilled worker applicant, a business class applicant or a
family class applicant.
Who qualifies for
an Immigrant Visa?
Immigrant Visas
are given to qualified skilled workers, business persons and to close family members of
Canadian citizens and permanent residents.
Who can I include
in my application for an Immigrant Visa?
Your spouse and
any dependent children may be included in the application. Children must be under the age
of 19 years. If they are 19 and older, they must not have had an interruption of more than
12 months in their schooling. Your accompanying dependents will be subject to medical and
security clearance requirements. Other family members, such as your parents, generally
cannot be included in the application but you may be able to sponsor them as part of the
family class after you land in Canada.
Common-law
spouses and same-sex partners are not considered spouses for immigration purposes. They
will be assessed independently. Where the common-law spouse or same-sex partner does not
qualify as an independent immigrant, an Immigrant Visa may still be issued on humanitarian
and compassionate grounds.
Are there any
special procedures for different provinces in Canada?
Certain
provinces have been given the authority to select or nominate candidates for immigration
destined to their respective provinces.
Quebec has exclusive authority to select candidates who intend to reside in that province.
These applicants are subject to Quebec's selection criteria, in addition to Federal
medical and security clearance requirements. They must also pay an additional fee for
processing by a Quebec Delegation. Applicants who qualify under the Federal selection
requirements may not necessarily satisfy Quebec's selection requirements, and vice versa.
To a lesser degree certain provinces presently each have the authority to nominate
immigration candidates for selection by Federal immigration authorities. Even without such
nomination you may reside in those provinces by meeting Federal selection criteria.
Is it harder to
qualify for immigration in provinces with distinct criteria?
The purpose of
distinct selection and nomination systems is to satisfy the specific immigration
requirements of the particular regions of Canada. With that in mind, if the province is
looking for an immigrant with certain skills and you have those skills, it might be easier
for you to immigrate to that province. Otherwise, these provisions may be neutral or
detrimental to your eligibility.
How do I find out
if I qualify for immigration to Canada?
We recommend
that you complete and submit an on-line assessment of your eligibility for immigration
which we will evaluate at no charge. You may do so as a skilled worker applicant, a
business applicant, or a family class applicant.
For further details on the selection requirements for each of the above categories, please
consult the following pages: skilled workers, business immigrant program, or family class
sponsorship.
Does
the Canadian government charge a fee for submitting a permanent resident application?
Fees are
payable to the Canadian government as follows:
Category of applicant Currency
Federal CAD$
Skilled Worker/Family Class Principal applicant 500
Entrepreneur, Self-Employed and Investor Principal applicant 1000
Each accompanying dependent 19 and over, Accompanying Spouse 500
Each accompanying dependent under 19 years old 100
* Right of Landing Fee 975
Fees are payable to the Quebec government as follows:
Category of applicant Currency
Quebec (in addition to Federal Fees) CAD$
Skilled Worker Principal applicant 300
Family Class Principal applicant 250
Entrepreneur and Self-Employed Principal Applicant 700
Investor Principal Applicant 850
Each accompanying dependent 19 and over, Accompanying Spouse 100
Each accompanying dependent under 19 years old 100
* The Right of Landing Fee is payable at any time prior to issuance of landing documents.
When do I pay
government fees?
All government
processing fees must be submitted concurrently with the submission of the application for
permanent residence. By contrast, the Right of Landing fee may be submitted at any time
prior to the issuance of landing documents and is refundable if, for any reason, the
applicant does not land in Canada.
In what currency
must I pay these government fees?
Canadian visa
offices will accept the payment of fees in Canadian dollars or in the equivalent local
currency. It is recommended to pay fees in Canadian dollars, if it is feasible, because of
currency fluctuations. Canadian visa offices set and change exchange rates from time to
time and if you have not submitted the exact foreign currency your application will be
returned to you causing a delay. At the very least you should consult with an expert in
these matters, or seek instructions from the particular Canadian visa office as to the
specific amount payable, the name of the payee and the bank upon which the payment may be
drawn.
What is the Right
of Landing Fee?
All adults
immigrating to Canada must pay this fee and can do so any time before landing documents
are issued. The Right of Landing fee is fully refundable if for any reason the applicant
or accompanying dependents do not land in Canada as permanent residents.
If I am already in
Canada, do I still have to pay the Right of Landing Fee?
Yes, all adult
immigrants must pay the Right of Landing Fee.
3.6 Are there any other fees or costs?
The application process may include other costs such as those related to medical
examinations and police clearances; translating documents into French or English; and
business and real estate valuations in certain cases.
Where do I submit
my application for a Canadian Immigrant Visa?
You
submit your application for a Canadian Immigrant Visa to a Canadian visa office. Every
geographic region in the world has a Canadian visa office to which your application forms
and supporting documents, along with all applicable fees, can be submitted. Each visa
office specializes in the examination of documents from its region. Even if there is no
Canadian visa office located in your country of residence, nonetheless your area is the
responsibility of a particular Canadian visa office. For example, the Canadian visa office
in London, England, is not only responsible for applications from the United Kingdom, but
is also responsible for applications from other countries such as Finland and Saudi
Arabia. Applicants under the Business Immigration Program must submit their applications
to one of nine designated Visa Offices, which specialize in the evaluation of these files.
If your destination is the Province of Quebec, you must submit an application for a
Canadian Immigrant Visa and an application for a Quebec Certificate of Selection to a
Quebec Delegation in your region. This procedure is required because Quebec has exclusive
jurisdiction to select immigrants who intend to reside in that Province.
Can I apply to a
Canadian visa office which is not responsible for the area in which I reside?
You may submit your application
to the Canadian visa office of your choice. However, applications from outside the visa
office's area of responsibility may take longer to process than applications from within
its territory. These delays are often a result of the visa office's lack of familiarity
with documents or issues which are particular to a country outside the visa office's
territory.
What documents
should be submitted in support of my application for permanent residence?
Supporting documents usually
include evidence of employment, education, assets, civil status, and an absence of
criminal convictions. Each visa office has specific requirements regarding the submission
of supporting documentation. It is advisable to seek expert guidance or instructions from
your visa office regarding the submission of supporting documentation.
When must I submit
the supporting documentation?
Each visa office has specific
timing requirements, but usually, supporting documents are submitted at the same time as
your completed application forms and processing fees. Some Visa Offices insist that the
entire file be submitted at once, and may even return incomplete files without
acknowledging receipt.
In what language
must my supporting documentation be submitted?
All supporting documentation in
a language other than English or French must be accompanied by an English or French
translation, as translated by a certified translator.
Can I transfer my
application to a different visa office after it has been submitte?
You
can transfer your application to a different visa office after it has been submitted. The
transfer of an application to a different visa office takes 6-8 weeks to occur. Processing
of the file will start again from the beginning at the new visa office. The fee for
transferring an application is presently CAD$100.
How long does the
immigration process take?
The average processing time of
all world-wide visa offices is approximately 18 months for applications where a selection
interview is required. Depending on the circumstances of the case, and the office at which
the application is submitted, processing time may be as short as 6 months or as long as 42
months.
What is a lock in
date?
A lock-in date is the date on
which a visa office receives a completed application form, with full payment of the
processing fees. The Canadian Courts have deemed the lock-in date to be the date on which
factors such as age must be assessed. Thus, no points will be lost if the applicant's age
changes during the processing of the application.
Will I be
interviewed by an immigration officer?
Most Skilled
Worker applicants for permanent resident status are required to attend a selection
interview with an immigration officer. Such interviews are held to ensure the information
in the application is accurate, to verify documentation, to test language ability, and to
help applicants relocate to Canada.
Visa offices may grant certain Skilled Worker candidates an interview waiver, depending on
the qualifications of the applicant, the quality of the supporting documentation, and the
overall credibility of the applicant. The likelihood of an interview waiver varies from
one visa office to another.
Almost all applicants under the Business Immigration Program will be required to attend a
selection interview.
What is a security
interview?
In a small
percentage of applications, an interview is held to evaluate security issues such as
espionage, subversion or terrorism. These interviews are usually held after a selection
interview, and may also be held in cases where a selection interview is waived.
When is the
selection interview held?
Depending on
how many applications are before yours at the visa office and which visa office has your
file, it might take as little as four months to get an interview, or it might take as long
as 30 months. Usually, though, the selection interview takes place about two-thirds of the
way into the application process.
Is there anything
I can do to obtain an interview waiver?
Applications
which are complete in every detail increase the chances of an interview waiver. However,
interview waivers are granted at the discretion of the immigration officials. It is not
possible to apply specifically for a waiver. Even if an interview is waived, you may still
be called to an interview, generally for quality assurance purposes.
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