How to Become a Canadian Resident

How to Become a Canadian Resident

Canada is a beautiful country with a vibrant economy and a history of welcoming immigrants. Canada allows more than 200,000 people per year to immigrate to Canada as permanent residents. Once a person has been approved, they receive a Permanent Resident Card which entitles them to almost all of the same rights and responsibilities of Canadian citizens.

 

This guide to obtaining permanent residency is designed to give you a step-by-step explanation of how to become a Canadian resident. If you want to immigrate to Canada or have a pending application for permanent residence, it is recommended that you speak with a qualified immigration attorney for assistance.

 

Requirements to Become a Canadian Resident

 

The first step is ensuring you meet Canada’s minimum requirements for permanent residency:

• You must be 18 years old to become a Canadian resident. Minors must have a parent or legal guardian fill out the application on their behalf.
• You are not eligible for immigration if you have committed a crime, have a serious health issue, are in financial trouble or if you (or someone you are related to) have been barred from Canada.
• You must speak either English or French.

Once you are sure you meet the minimum requirements, you can determine which immigration program is best for your situation.

 

If you have a job lined up already, you can apply for Express Entry into Canada. This internet-based system makes it faster for Canadian employers to get approval of their new hires.

 

Immigration Categories

 

Do you have a job offer in Canada? Do you have family in Canada who can sponsor you for permanent residency? Do you have a specific job skill which could benefit Canadian employers? Are you an experienced caregiver? Are you an entrepreneur? Do you have French language skills or ties to Québec?

 

If you answered yes to any of the other questions, you probably qualify to submit an application for Canadian permanent residence under one of Canada’s immigration categories:

Skilled Worker Class Immigration

If you have specific job skills, experience, and education, you may be able to become a resident under the Skilled Worker Class. This class evaluates people based a points system which awards points for education level, language skills, work experience, age, employment, and adaptability. Applicants will receive an overall score indicating whether they are a good candidate for permanent residence status.

Once you have been given a numerical score, other factors will be evaluated as well, such as criminal history and the needs of the Canadian labour market.

Business Class Immigration

Investors, entrepreneurs and self-employed persons can qualify for permanent residence under the Business Class program. Business Class immigration requires the applicant to demonstrate they have significant financial resources.

Provincial Nomination

Canada’s immigration system allows the provinces participate in selecting immigrants who have certain skills. If you have a specific province or territory in mind, you should contact the representative immigration office and apply for nomination through that office.

Family Class Immigration

If you have family ties to Canada, your relatives may be able to sponsor you for permanent residency. Around 30 percent of all immigrants are sponsored by family already living in Canada. Your family is required to pledge financial support as a condition of Family Class immigration.

Québec-Selected Immigration

The province of Québec selects individuals which meet its own criteria for immigration.

Application and Invitation

Before you can receive your permanent residence card, you will most likely need to pass through two screening levels: provincial and federal. Some people will be permitted to immigrate as a temporary resident and then file for permanent residency while living in Canada. People who file the application while living outside Canada are not able to move until they receive their official invitation.

Who Can Sponsor an Immigrant to Canada?

Who Can Sponsor an Immigrant to Canada?

Under the Family Class immigration category, citizens and permanent residents can sponsor their relatives, including foreign spouses, partners, dependent children, parents, or grandparents for immigration to Canada. The Canadian government makes family reunification an important goal, and over the next three years, the country will welcome over 260,000 people who will be reunited with their family in Canada.

 

 

Who Can Sponsor an Immigrant to Canada?

A person can become a sponsor if:

• They are at least 18 years old;
• They are a Canadian citizen, permanent resident, or person registered as an Indian under the Canadian Indian Act,
• They can prove they are financially able to assist the sponsored person(s); and
• They have enough income to provide for basic needs of dependent children of the principal applicant.

 

Who Cannot Sponsor an Immigrant to Canada?

 Certain people cannot sponsor immigrants to Canada:

• People who failed to pay an immigration loan, a performance bond, or family support payments;
• People who have not been able to provide for the basic needs of previously-sponsored relatives who received social assistance from the government;
• People who are under an immigration removal order;
• People who are incarcerated;
• Those who receive social assistance (unless they are disabled), or who are going through bankruptcy;
• People who were sponsored by a spouse or partner who became a permanent resident less than five years ago;
• People who have sponsored a previous spouse or partner and three years have not passed since the spouse or partner became a permanent resident; and
• People convicted of sexual offences, violent offences, or offences which caused bodily harm to a relative, and persons who attempted or threatened to commit this type of offence.

 

Sponsorship of Spouses, Common Law Partners and Dependent Children

 

A Canadian citizen or permanent resident can sponsor a spouse, common-law partner, conjugal partner or dependent child as long as the applicant and spouse or dependents are not inadmissible. For sponsorship purposes, a spouse can be opposite or same-sex and must be married to the Canadian citizen or permanent resident.

If a couple was married in Canada, they must provide a marriage certificate from the territory or province where they were married. If the couple was married outside of Canada, the marriage must be legally valid in the country where the marriage was performed, as well as legally valid in Canada.

A couple does not need to be married to take advantage of the spousal or common law partner sponsorship provision. If a couple has lived together in a conjugal relationship for at least 12 months, with no interruptions, they are eligible for family sponsorship. However, the CIC may require couples to prove their relationship with photographs and other evidence.

The government wants to ensure that sponsored family members have adequate support once they arrive in Canada. Spouses and common law partners must sign a formal agreement which confirms that both people understand their responsibilities. The sponsoring person must also sign an agreement pledging to provide for the basic needs of the spouse, partner, dependent child or other relative.

There are unique requirements to sponsor a close relative to Québec. If you live in Québec, it is important to review the law and consult with a lawyer about the Québec process.

 

Spousal Sponsorship Processing Time

 Generally, it takes 18 months to complete the sponsorship process for people who live outside of Canada, and 24 months for applications by people living inside Canada. In December of 2016, the Canadian government announced its plans to process 80 percent of the spousal sponsorship applications within 12 months. New application forms and procedures are streamlining the process and reducing the waiting time. For example, medical examinations are no longer needed upfront and police certificates are only required for the countries where the spouse or partner most recently lived and where they spent most of their lives since age 18. Complicated or unusual applications may still take more than one year to process.