Canada Permanent Resident Consultant

The Canadian Experience Class is for foreign workers and international graduates who are in Canada on a temporary basis and wish to become Permanent Residents. Canadian education and work experience are key selection factors.

Temporary foreign workers and international students are ideal candidates for Canadian immigration (Permanent Residency). Having obtained a Canadian education and/or Canadian work experience, these individuals have already settled into Canadian society and have established important networks in their communities and their careers.

The Canadian Experience Class (CEC) caters specifically to these Canadian immigration applicants.

Applicants must meet the following minimum requirements. They must have:

• Obtained at least one year of skilled, professional or technical work experience in Canada within 36 months of the application date; and
• Met or surpassed a Canadian Language Benchmark threshold of 5 (“initial intermediate”) or 7 (“adequate intermediate proficiency”) depending on the level of the job; and
• Plan to live and work outside of the Province of Quebec (individuals who plan to reside in Quebec may apply to the Quebec Experience Class)

CIC assesses federal skilled worker applications based on six selection factors.

If you score 67 points or higher (out of 100), you would qualify to immigrate to Canada as a federal skilled worker

Point grids for each factor:

• English and/or French skills (Maximum 28 points)
  • You must meet the minimum level of CLB 7 for your English language in all four language areas.
  • To get points for your French language, you must meet the minimum level of CLB 5 in all four language areas.
• Education (Maximum 25 points)
  • You can earn selection points for your education. To get points, you must prove that you earned a Canadian diploma or certificate, OR have your foreign education assessed by an agency approved by CIC to show it is valid and equal to a completed Canadian credential.
• Experience (Maximum 15 points)
  • You can get points for the number of years you have spent in full-time paid work (at least 30 hours per week, or an equal amount of part-time) in National Occupational Classification (NOC) O A B
• Age (Maximum 12 points)
  • You will get points based on your age on the day when the Centralized Intake Office gets your application.
• Arranged employment in Canada (Maximum 10 points)
  • In some cases, you can get points if you have a permanent, full-time job offer from a Canadian employer. The job must be arranged before you apply to come to Canada as a federal skilled worker.

A valid job offer has to be:

• for full-time, permanent and not seasonal work, and
• in an occupation listed as Skill Type 0 or Skill Level A or B of the National Occupational Classification (NOC).
• Positive LMIA issued by Service Canada

Under the Provincial Nomination Program provinces select individuals who are interested in settling in their province and who will be able to contribute to the province’s economic development. Each province and territory has its own “streams” (immigration programs that target certain groups) and criteria for their PNP. For example, in a program stream, provinces and territories may target students, business people, skilled workers or semi-skilled workers.

Since January 1, 2015, many provinces and territories have launched new Express Entry streams.

In order to receive a visa through this immigration program, the sponsor and sponsored person must prove that their relationship qualifies under one of three categories

• Spouse
• Common-law Partner
• Conjugal Partner

You would be required to prove that your relationship is genuine and not entered merely to facilitate permanent residence in Canada.The three important key factors to prove are

• Before marriage relationship
• After marriage relationship As per new regulation the sponsored spouse have conditions on permanent residence
• Cannot sponsor other spouse for 5 years from date of landing in Canada as permanent resident
• Have to maintain conjugal relationship with spouse for 2 years ( some exceptions apply)
• As per new laws In Canada spousal sponsorship applicants are eligible for open work permit while their application for permanent residence in being processed at an Immigration office in Canada

In certain circumstances, Canadian citizens and permanent residents are entitled to sponsor their close relatives from abroad. You may sponsor your parents, grandparents, siblings under age of 19 years and orphan niece/ nephews. Successful applicants, parents and grandparents under this program will receive Canadian Permanent Residency and be able to apply for Canadian Citizenship thereafter. To be eligible for Family Class sponsorship, the sponsor in Canada must meet the following requirements:

• Be a Canadian citizen or Permanent Resident
• Be 18 years of age or older
• The sponsor must sign an undertaking to repay any provincial social assistance benefits paid to the sponsor and accompanying family member(s), if any, for a period of 20 year, if necessary; and If the sponsor resides in Quebec, an additional ‘undertaking’ must be signed

Sponsors will have to prove that they meet the LICO i.e. minimum income requirements by submitting notices of assessment issued by the Canadian Revenue Agency (CRA) in support of their sponsorship and they must also demonstrate they have met the minimum necessary income level for three consecutive years.

Skilled Worker (Professional) applicants intending to reside in the Province of Quebec are selected based upon a different set of criteria than applicants who wish to settle elsewhere in Canada. The Quebec Immigration selection system is designed to indicate the likelihood of succeeding in settling in Quebec.

Foreign individuals with business/managerial experience and relatively high net-worth may apply for Canadian permanent resident status under several sub-categories mostly are promoted under different PNP programs

Should have net worth of CAN $ 16, 00,000.00 and willing to deposit CAN $ 800,000/- for 5 years to the government of Canada for 5 years without interest.

You may use this application to apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:

• are a foreign national currently living in Canada; and
• are not eligible to apply for permanent residence from within Canada in any of these classes:
  • Spouse or Common-Law Partner,
  • Live-in Caregiver,
  • Protected Person and Convention Refugees,
  • Temporary Resident Permit Holder.

You need to get an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada;

You may get exemption if believe you would experience unusual and undeserved or disproportionate hardship if you have to leave Canada

Types of situation of concern in relation to H&C

The following is a non-exhaustive list of the types of situation of particular concerns where people turn to H&C.

• Stateless persons
• Persons who have been continuously in Canada for several years
• Refugees who should have been granted protection but who have been refused status due to flaws in the determination system
• Persons with family with refugee or permanent status in Canada (including parents and/or siblings of refugee children recognized in Canada)
• Persons who have worked for some time on temporary worker programs
• Persons who have integrated in Canada, where integration is viewed not from a narrow economic perspective but taking into consideration social, cultural and familial integration
• Persons (often women) who were under a family sponsorship but who have left their spouse due to domestic violence
• Survivors of trafficking
• Persons from countries to which Canada generally does not deport because of a situation of generalized risk (moratorium countries)
• Persons whose removal from Canada would involve a serious rights violation (e.g. persons with a serious medical condition for which treatment is available in Canada but not in the country to which they would be removed)A typical applicant may be a labourer with little education but has managed to support him or herself in Canada.
• A good candidate for an H&C application would be someone who has resided in Canada for a number of years and who has some of the factors listed above. Often such applicants do not qualify for other Canadian permanent residence categories such as the Skilled Worker category where applicants are assessed on their English skills or education or work experience.