What you should know about Canadian Immigration: Are you thinking about immigrating permanently to Canada. However, you should know a few things before starting your Canadian immigration application process. It is essential to know that things are done differently than it seems.
Moreover, immigrating to a new country is a huge undertaking or venture. If you’re serious about immigrating to Canada. You should consider a few factors regarding your new home, even in a culture that welcomes immigrants like Canada does.
However, in this article, we will provide you with information in detail about everything you should know about the Canadian immigration process, from policies and guiding principles to the general requirements, including tips for immigrating to Canada as quickly as possible.
What You Should Know About Canadian Immigration
Immigration to Canada refers to the process by which people migrate to Canada to reside in the country and where a majority go on to become Canadian citizens. Moreover, as of 2022, Canada has the eighth-largest immigrant population in the world. Where foreign nationals make up about one-fifth of the Canadian population.
However, it is hard not to get enthusiastic about moving to Canada. The country is lovely, and the people are famous for their niceness. Moreover, Canada is an ideal destination for people seeking employment. As there are lots of opportunities for career growth and development. Also, Canada needs immigrants, as they contribute to the country’s economic growth.
Tips to Complete the Canadian Immigration Process
Furthermore, here are tips for immigrating to Canada as quickly as possible. They are as follows:
Put important documents in order and have them readily available:
However, such important documents are as follows:
- Valid language test scores
- Official identity documents such as passports, official birth certificates, marriage certificates, etc.
- Educational qualifications such as transcripts and diplomas
- Evidence of employment may be in reference letters, certificates, employment contracts, etc.
Other important tips are as follows:
- Documents must be in English or French; if not, you will have to provide an official translation for them.
- Make sure your Canadian immigration application is complete and contains all the necessary documents.
- Ensure that photocopies of your documents are clear and readable.
- Submit declarations or letters of explanation whenever possible to make your case as clear and concise as possible.
The political, economic, and legal climates in Canada are constantly shifting when it comes to immigration. Both temporary and permanent.
Understanding Policy and Politics
As in many parts of the world, there is a movement towards restricting access to Canada for immigrants. But there are also countervailing economic and social realities. Indeed, Canadian immigration law was altered on 28 June 2002 (and further since), generally making the rules more restrictive. By contrast, specific programs regarding temporary entry have been made less stringent – for instance, for computer professionals – recognizing the realities of the economic demand in this sector.
As such, though we hope to provide accurate, up-to-date information about Canadian immigration law and policy, you must investigate matters pertaining to your case with the appropriate government office or professional when you seek immigration, permanent or temporary.
You should be aware of a few essential principles for understanding our immigration policies and philosophies. A version of these will often lead to a better understanding of the underlying law and regulations and, therefore, the guidelines which will affect you.
However, there are several principles set out in Canada’s Immigration Act. Canada’s immigration laws are designed to promote, for example:
- Cultural and social enrichment;
- Trade and commerce through the temporary entry of visitors;
- Canada’s international humanitarian obligations;
- A strong and viable economy;
- Maintenance of Canadian society’s health, safety, and security.
Moreover, these basic principles are then molded to fit specific issues. The philosophy about entry for temporary workers is ‘net benefit to Canada. That is to say, does an applicant provide Canada with some benefit to justify hiring a foreign worker? Contrast this with the previous law’s philosophy, ‘Canadians first.’ As discussed below, this leads to various procedures required to satisfy immigration officials before a foreign worker is entitled to enter and work in Canada. An elaborate system of exceptions must be considered.
Furthermore, regarding permanent residence, the guiding principles shape the employment criteria for the selection of immigrants. Indeed, recognizing demographics, commerce, and other issues. Canada promotes immigration, though, in recent times, there sometimes appears to be a harsher attitude among those making the selection decisions. Canada’s Federal Court is full of cases of rejected immigration applicants, and there seems to be no let-up in sight.
With this in mind, let us explore some of the issues in Canadian immigration.
Before looking at the general issues involved in getting into, or staying in, Canada, it is essential to realize that violation of Canadian immigration law could have severe consequences. We will discuss below the various programs and policies affecting immigration to Canada that will allow people to come to, and remain in, Canada.
However, in the last few years, there has been a rise in illegal immigration to Canada, and the authorities are taking an increasingly harsh stance against people caught in this position. If you attempt to enter Canada without the appropriate legal authorization and documentation. You will meet a stern turnaround from Canadian immigration authorities. Whenever the problem is detected, whether before you board the plane or after you land. Canadian immigration authorities are now conducting checks of persons at airports abroad before people can even board a plane.
Similarly, someone already in Canada who breaches Canadian immigration or criminal law will face possible deportation. Meeting the requirements of Canadian immigration is no laughing matter, and the consequences of failing to obey the rules could lead to deportation and the inability to return to Canada again.
Knowing the General Requirements
If you are seeking to enter Canada, you should ensure that all formal requirements are met. These may include:
- Obtaining a visa before arriving for certain nationalities. The list changes from time to time and a Canadian Visa Post should be consulted if there is any question.
- Ensuring there is no criminal bar to entry – a criminal record could deny access to Canada for permanent or temporary purposes.
- Ensuring that there is no medical inadmissibility issue – the existence of an ailment that could jeopardize Canadian health and safety, or be a burden on our health system, could lead to inadmissibility.
- Further, specific requirements may be needed in particular instances, such as a work permit for those seeking to work in Canada. We give you a basic idea about the legal issues involved in the process. Once you feel that you may qualify under one of the areas discussed. You will have to deal with the procedures involved. You will need to:
- Obtain the appropriate forms – note that since November 2008, all skilled worker permanent residence applications have been sent to a central processing center in Sydney, Nova Scotia. From there, files are screened and sent to the geographically appropriate visa post for further processing. Basic information is submitted to Sydney, but further documentation is submitted only upon request by the local visa post;
- Look at the practical issues involved in submitting an application;
- Ascertain the proper documentation, which will be required from a Canadian VisaPost, to be ready when the time comes. Canada divides the type of people entering the country into two primary groups – temporary and permanent.
Temporary Visa Issues
Temporary entry can be broken down further into three branches:
- Temporary residents (formerly ‘visitors’)
- Students; and
- Foreign workers.
There are exceptional circumstances that can give rise to entry on other grounds (through, for instance, a Temporary Resident Permit where someone may not otherwise be admissible), but these are the basic categories. It should be noted that even for those people for whom the student or worker categories seem applicable. The issues relating to temporary residents discussed below also should be considered.
Visitors are temporary residents who come to Canada neither to study nor work. Visits can have various purposes, from the simplest form of someone who is just a tourist to those coming for a business visit. Anyone who is not a student or worker will be put into this broad category.
Technically, anyone seeking to come to Canada as a visitor must obtain a temporary resident visa at a Canadian Visa Post (Embassy, Consulate, or High Commission dealing with immigration matters) before entering Canada. Nationals of certain countries, including the United Kingdom, have been exempted from this requirement.
However, this does not mean that British citizens, as just one example of a visa-exempt country, are immune to the enforcement of Canadian immigration law. Indeed, anyone appearing at a Canadian port of entry (anywhere where one enters the country, either at an airport, seaport, or land crossing) must justify his or her entitlement to enter Canada and maybe be questioned as to why seeking entry.
In addition to the issues discussed above, those wishing to study in Canada must meet some further requirements and generally obtain a visa for studying before arriving in Canada. First, a student must have been accepted to a Canadian educational institution. Specific institutions will not qualify, and it will be necessary to check with a Canadian Visa Post or immigration professional before making the application.
As a student, you will also have to demonstrate your ability to support yourself in Canada – perhaps with some $10,000 to $15,000 or more – and the intention to return when studies are concluded. It is again important to note that a student visa is temporary, and applicants must convince an officer that it is not their intention to remain in Canada permanently. That being said, extending student visas after arriving in Canada is possible. The educational program proceeds from year to year or another time frame, or if there is a change of institution. Eventually, however, the visa will end.
Students, in some cases, will also be entitled to a non-renewable one-year or two-year work permit after their program to work in their field of study.
This is perhaps the most asked-about and misunderstood aspect of Canadian immigration. People often say they will just come to work temporarily if they can’t get permanent residence. Unfortunately, it’s not that easy. A temporary work permit is not a substitute for permanent residence or a lesser form of permanent residence. Getting a temporary work permit is sometimes more challenging than getting a permanent home.
The Usual Process
The general procedure to obtain a work permit is as follows:
Canada’s policy, as indicated, is a ‘net benefit to Canada.’ A foreigner can work in Canada only when this is justified and may include issues as to whether there is no Canadian to fill a position. Therefore the process begins with the employer.
According to the legislation which took effect 28 June 2002, an employer must establish several factors to an officer of Service Canada (operating on behalf of Human Resources and Skills Development Canada) before a ‘positive labor market opinion’ (also referred to as a Confirmation or LMO) can be provided. Which is the precursor to a work permit application. The Service Canada officer will consider factors including:
- Whether the work is likely to result in direct job creation or job retention for Canadians – (including citizens of Canada and permanent residents)
- Whether the work is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadians
- The work is likely to fill a labor shortage
- Whether the wages and working conditions offered are sufficient to attract and retain Canadians
- The employer has made or has agreed to make reasonable efforts to hire or train permanent residents or citizens of Canada
- Whether the foreign national’s employment is likely to adversely affect the settlement of a labor dispute.
Canadian Immigration: Conclusion
Once Service Canada provides a positive Labour Market Opinion, a foreign worker may apply for a work permit at the appropriate Canadian Visa Post (or, in some cases, port of entry). The worker must substantiate that his or her credentials meet the job requirements. Obviously, as well, a temporary work permit is indeed temporary. Generally issued for an initial period of one year and renewable after that – if the reason for the renewal can be substantiated.
Moreover, based on the program’s structure, the reality is that the less sophisticated a job or an applicant’s credentials. The less likely it is that Confirmation and/or work permit will be granted since it is less likely that there are no Canadians to fill the position.
Typically, the occupations permitted are considered NOC 0, A, or B. Though somewhat beyond the scope of this book, NOC is the National Occupational Classification. All fields are placed on a grid, and the ‘0’ levels are management positions; A and B are high-level – usually requiring a university degree – occupations. Service Canada, however, now offers a ‘low skilled worker program’ (NOC C and D). This will allow employers to seek confirmation for low-skilled workers if the employees meet specific requirements of recruitment and working conditions. There are several conditions to be completed in this regard, perhaps most notably, a sustained attempt to look for persons for the position.
Service Canada is a program operated by Employment and Social Development Canada. This is a single access point for the Government of Canada’s largest and most heavily used programs. Such as the Social Insurance Number, the Employment Insurance program, the Old Age Security Program, and the Canada Pension Plan. Service Canada centers also accept applications for Canadian passports.
Service Canada offers, from time to time, ‘enhanced’ programs that may benefit employers (and hence employees). For instance, at the time of the publication of this edition, there is an expedited labor market opinion process for British Columbia and Alberta. Through this process, an employer can essentially register that they are often in need of certain occupations on a prescribed list. When they have a deficiency in that field, they can submit a simplified application that will be processed in a few days.