Canadian Immigration Regulations at a Glance
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Do I qualify for immigration to Canada?
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Which class should I apply under?
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What conditions do I need to satisfy?
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Essentially, you can apply for a Canadian permanent residence visa under one of following classes:
SKILLED WORKER / FAMILY / BUSINESS
Or, you can apply for a TEMPORARY VISA
Newsflash: New Federal SKILLED WORKER Programme came into effect on 4 May 2013.
Newsflash (Jan 2013): Applications Open For Skilled Trades Visas - Places Limited - See details below.
FEDERAL SKILLED WORKER PROGRAM (after 4 May 2013)
From 4 May 2013, the Federal Skilled Worker Program (FSWP) selects immigrants based on their ability to succeed economically in Canada. After meeting eligibility requirements, applicants are assessed against selection criteria, also known as the “points grid.” There are 100 points available to applicants, with points awarded for official language abilities, age, education, work experience, employment already arranged in Canada, and adaptability. The current pass mark is 67.
. A prospective applicant should ensure they meet at least one of the following requirements:
- They have at least one year of continuous work experience in one of the 24 eligible occupations; OR
- They have a qualifying offer of arranged employment (important - see our jobsearch assistance services to help with this); OR
- They are eligible to apply through the PhD stream.
If prospective applicants are confident that they meet at least one of the above requirements, they must also meet the minimum language threshold and obtain an educational credential assessment (if submitting a foreign educational credential).
Eligible Occupations List
The eligible occupations stream will have an overall cap of 5,000 new applications and sub-caps of 300 applications in each of the 24 occupations on the list.
- 0211 Engineering managers
- 1112 Financial and investment analysts
- 2113 Geoscientists and oceanographers
- 2131 Civil engineers
- 2132 Mechanical engineers
- 2134 Chemical engineers
- 2143 Mining engineers
- 2144 Geological engineers
- 2145 Petroleum engineers
- 2146 Aerospace engineers
- 2147 Computer engineers (except software engineers/designers)
- 2154 Land surveyors
- 2174 Computer programmers and interactive media developers
- 2243 Industrial instrument technicians and mechanics
- 2263 Inspectors in public and environmental health and occupational health and safety
- 3141 Audiologists and speech-language pathologists
- 3142 Physiotherapists
- 3143 Occupational Therapists
- 3211 Medical laboratory technologists
- 3212 Medical laboratory technicians and pathologists' assistants
- 3214 Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
- 3215 Medical radiation technologists
- 3216 Medical sonographers
- 3217 Cardiology technicians and electrophysiological diagnostic technologists, n.e.c. (not elsewhere classified)
Minimum Language Threshold
All prospective applicants to the FSWP should first determine whether they meet the new minimum language threshold: Canadian Language Benchmark (CLB) 7 or Niveaux de compétence linguistique canadiens (NCLC) 7 in all four skills (listening, speaking, reading, and writing). To prove language proficiency, a prospective applicant must take a third-party language test from an organization designated by the Minister and submit their test report along with their application to CIC.
Language test results will be accepted by CIC for two years from the date that they were issued by the designated organization.
CIC-designated language testing organizations include: Canadian English Language Proficiency Index Program (CELPIP), International English Language Testing System (IELTS), and Test d’évaluation de français (TEF).
Third-party language tests are scored differently by each of the three organizations. Here are the scores on each of the tests that correspond to Canadian Language Benchmark (CLB) 7 or Niveaux de compétence linguistique canadiens (NCLC) 7 or higher:
English
Canadian English Language Proficiency Index Program (CELPIP
An FSWP applicant must score at least 4L on the CELPIP-General test in each of the four skills to meet the minimum language threshold.
A score of 4L on the CELPIP-General test corresponds to CLB 7. A score of 4H corresponds to CLB 8, and a score of 5 or higher corresponds to CLB 9 or higher.
International English Language Testing System (IELTS)
An FSWP applicant must score at least 6.0 on the IELTS General Training test in each of the four skills to meet the minimum language threshold of CLB 7.
French
Test d’évaluation de français (TEF)
An FSWP applicant must score at least 206 in reading, 248 in listening, and 309 in both speaking and writing on the TEF to meet the minimum language threshold of NCLC 7.
Arranged Employment
Previously, employers have applied for an Arranged Employment Opinion (AEO) from Human Resources Skills Development Canada when they wished to hire a foreign national on a permanent, full-time basis and support their employee’s application for permanent residence through the FSWP.
Starting on May 4, 2013, CIC will no longer accept AEOs in support of an FSWP application. Instead, most offers of arranged employment will require a Labour Market Opinion.
Educational Credential Assessment (ECA)
Another important change that takes effect on May 4, 2013, is the introduction of the educational credential assessment (ECA). Prospective applicants may start the process of getting an ECA before May 4 if they are planning to submit a foreign educational credential. However, applicants should keep in mind the other program eligibility requirements listed above, i.e. whether they have a qualifying offer of arranged employment or are applying under the PhD stream or eligible occupations stream; and if they meet the minimum language threshold through a designated third-party test. Applicants who have Canadian educational credentials do not need to get an ECA, unless they are also submitting a foreign educational credential in support of their application.
The ECA process will help determine if the foreign educational credential is authentic and equivalent to a completed credential in Canada. For prospective applicants, the ECA can provide a realistic understanding of how their foreign educational credentials are likely to be recognized in Canada.
As of April 17, 2013, four organizations have been designated by the Minister to provide ECA reports for purposes of immigrating to Canada under the FSWP. Additional organizations may be designated by CIC in the future. The designated organizations are:
Source CIC (abridged)
* Alternatives Paths to Residency
Temporary Work Permit - are processed much faster than permanent residency applications (even those with a job offer). See below for more details.
Provincial Nominee Program - alternative opportunities may exist for emigrating to one of Canada's provinces or territories. These require applicants to obtain a job offer.
Skilled Trades Visa Program - While the Federal Skilled Worker Program remains suspended, Canada has opened up this brand new visa option for selected trades occupations.
In the first year, CIC will accept applications from up to 3,000 people in specific trades. See here for the associated Occupations List. Within the 3,000, there will be no limit on 26 in-demand occupations, while 17 occupations will be subject to sub-limits of 100 applications each. In total, there are 43 occupations eligible for the Federal Skilled Trades Program. Applications are expected to be processed within 12 months.
Quebec - The French-speaking province of Quebec has different eligibility criteria, quotas and processing guidelines. Please contact us for details.
Please note: Migration Bureau acts as a referral partner on behalf of an appointed Quebec representative. Upon proceeding with the immigration process, it is the client’s responsibility to verify with the attorney specified in the agreement the accuracy, validity and relevance of all the information contained in the assessment report and to liaise directly with the attorney, with no recourse to Migration Bureau (which takes no active role and has no responsibility for the progress of the client's visa file or for the provision of immigration advice in accordance with Quebec immigration rules and regulations)..
# National Occupations Categories (NOC) list - the official classification system for employment in Canada. Click for details.
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FAMILY
There is also the family visa for persons who have qualifying relatives in Canada who are willing and eligible to sponsor them. Sponsors must be a Canadian citizen or permanent resident:
spouse, common-law or conjugal partners; dependant child, parent or grandparent; an orphaned brother, sister, niece, nephew or grandchild (under 19); and any relative if the Canadian sponsor does not have another close relative who is in Canada or who can be sponsored to come to Canada. The most common type of family class application is for those persons who are married or engaged to a Canadian citizen or permanent resident.
Note: From November 2011, CIC implemented a pause (of up to 24 months) on the acceptance of new sponsorship applications for parents and grandparents. The main aim of this pause is to reduce the 165,000-strong backlog of parent and grandparent applicants. Any applications submitted to CIC within this period will be returned.
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BUSINESS
Applicants are divided into three subcategories: Self-employed, Entrepreneur and Investor.
Currently, both Entrepreneur and Investor subcategories are closed pending a period of consultation and the introduction of new arrangements. Interested business candidates may still be able to apply under the Provincial Nominee Program which remains open.
As the name suggests, the Self-Employed class is suitable for self-employed business persons who do not necessarily intend to employ other persons in their business. This class is limited to farmers and applicants who will be of cultural, artistic or sporting value to Canada. Under this class there is no minimum capital or past ownership requirements, but applicants must prepare a viable, well-researched business proposal and possess sufficient funds and acceptable experience to establish or purchase the proposed business in Canada. Past self-employment, though not strictly required, is considered an asset. There is also a requirement to
meet the pass mark.
Under the Entrepreneur class, you must have past business experience in a qualifying business for a specified period. Applicants must also possess a net worth of at least C$300,000. Upon arrival in Canada, there is a requirement to establish or purchase a business enterprise and provide active and ongoing management of that business within three years. Your business must create at least one new full-time job for a Canadian and meet other requirements of a qualifying business. There is also a requirement to meet the pass mark.
Applicants under the Investor class must possess a total net worth of at least C$1.6 million and invest C$800,000 of this amount with the Canadian Receiver General for 5 years. Although the fund is Government guaranteed, no interest is payable. Applicants must prove that the funds have been generated through their own business initiative and that they have previously managed either 5 full-time staff for at least 2 years OR owned a share in the business they have managed for at least two years in the five years prior to applying. If you do not wish to undertake an investment, an alternative is to establish a loan arrangement with a Canadian bank, whereby the amount to be invested is borrowed. Under this option, it is still necessary to possess an overall net worth of C$1.6 million. The down side of this option is that you must pay the interest charges accumulated over the 5-year term.
The main advantages of the Investor class are that you do not need to actively own and operate a business and that you are issued with permanent residence immediately upon approval.
All applicants must satisfy health, police, character and credibility checks, and a range of other criteria.
IMPORTANT NOTE; If you do not qualify under any of the above classes, you may be able to apply under one the Provincial Government Nominee programmes. Although only a limited number of places are available every year, the regulations differ from those described above, as they are set by the Provincial Government according to economic and social needs of that region. Contact your nearest Migration Bureau Office for further information.
| Click here to enquire about emigrating to Canada with a free eligibility assessment |
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TEMPORARY VISAS
A number of temporary residence visas are also available:
Work Permits: If you are offered a job that cannot be filled by a Canadian and the Canadian employer is able to satisfy a Service Canada labour market assessment, then you may be able to apply for a work permit. The permit is issued for the duration of the employment contract usually up to a maximum of 3 years. Important note: Canadian employers are generally reluctant to sponsor offshore candidates unless there are specific skills shortages, and do not consider applicants unless ALREADY in possession of a Canadian residence visa and present in Canada for interview. So unless you are to be transferred to Canada by your current employer, this can be a very difficult visa to obtain.
Student visa: If you are enrolled into a qualifying course at a Canadian tertiary institution, you can apply for a student visa. This visa allows you to study full-time and to work a limited number of hours per week. Other temporary visas include young persons working holiday programmes and visas for live-in caregivers.
Working Holiday Visa – A Possible Route to Canadian Residency
The International Experience Canada Working Holiday initiative offers emigrants from the UK (& other reciprocal countries) a possible temporary visa allowing them to experience life and travel in Canada, and to look for permanent employment as a basis for an eventual residency application.
The quota for UK participants in 2012 is 5,350 places. For eligible candidates (eg. 18 to 30 years old, with insurance and some support funds), the average processing time for such visas is 8 weeks.
Migration Bureau does not handle Working Holiday visa applications unless they are part of a permanent residency application. However, our officially-regulated Canadian Immigration Consultants provide experienced, professional services for long-term emigrants and our local Employment Consultants provide job search assistance to help you obtain that vital Canadian job offer.
For details, contact Migration Bureau today.
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| Click here to enquire about emigrating to Canada with a free eligibility assessment |
Your Next Step?
If your initial assessment is favourable, we will then invite you to complete a more comprehensive Full Check Immigration Assessment: a confidential, information-gathering exercise which will enable our immigration experts to assess your position under the official immigration regulations, without any obligation on you to proceed further. Click here to complete an online Full Check Immigration Assessment. Please Note: This is a paid service, so a fee applies.
Caution: Immigration Regulations can change without advance notice. You are strongly advised to seek the advice of a professional Regulated Canadian Immigration Consultant before applying.
Information on this page has been checked by John Lironi, MA, ICCRC Regulated Canadian Immigration Consultant (R414503)
NEWSFLASH - For recent changes and news regarding the immigration regulations, please click here
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