TEMPORARY RESIDENT (NONIMMIGRANT) STATUS
Individuals who wish to enter Canada for a temporary purpose, such as tourists, temporary foreign workers and international students must apply for and be granted a Temporary Resident Visa (TRV), unless they are citizens of a visa-exempt country. For a list of countries and territories whose citizens require visas in order to enter Canada as visitors visit:
www.cic.gc.ca/english/visit/visas.asp
Common Temporary Visas:
Business Visitor
A business visitor to Canada is a foreign national who seeks to engage in international business activities in Canada without directly entering the Canadian labour market. Certain types of activity are permitted, and it is advisable find out what business activities are allowed to avoid overstepping the mark and perhaps jeopardizing a work visa application down the line.
Work Permit
A Canadian Work Permit is required for working in Canada, whether the employer is in Canada or not. Usually, it is valid only for a specified job and length of time. A work permit may be issued based on Labour Market Opinion (HRSDC confirmation) or may be issued on the basis of other requirements.
Labour Market Opinion (HRSDC Confirmation)
A Labour Market Opinion is the opinion provided by Human Resources and Social Development Canada to Immigration enabling them to determine whether the employment of the foreign worker is likely to have a positive or negative impact on the labour market in Canada. See www.hrsdc.gc.ca
There are many exceptions to the Labour Market Opinion requirement depending on the type of employment, job category, and special programs designated by the Canadian government. Each work permit case requires careful assessment and analysis to determine if a Labour Market Opinion is required.
Expedited Labour Market Opinion
Recently, the Canadian government has started a new program of expedited Labour Market Opinions for "occupations under pressure." These occupations vary by province – see http://www.hrsdc.gc.ca/ for information on particular provinces.
Special Categories
Certain categories of worker have their own eligibility requirements and may not require a work permit, or they may have work permits approved more quickly. In some cases, this may depend on the country in which they live.
A. Information Technology Workers
To fill critical shortages in Canada’s software industry, Canada has a simplified entry process for workers whose skills are in high demand in that industry. Under this process, no Labour Market Opinion from Human Resources and Social Development Canada is necessary for specific jobs when hiring a foreign worker. This means that if you are going to Canada to work in one of the jobs listed below, you do not need a letter from Human Resources and Social Development Canada, and your work permit application may be processed more quickly.
Click the links below to view the description for the job. Note: The onus is on the employer to make sure the job you are being offered falls under one of these descriptions.
1. Senior Animation Effects Editor (NOC 9990.1)
www.cic.gc.ca/english/work/itw-jobs.asp#jobs1
2. Embedded Systems Software Designer (NOC 9990.2)
www.cic.gc.ca/english/work/itw-jobs.asp#jobs2
3. MIS Software Designer (NOC 9990.3)
www.cic.gc.ca/english/work/itw-jobs.asp#jobs3
4. Multimedia Software Developer (NOC 9990.4)
www.cic.gc.ca/english//work/itw-jobs.asp#jobs4
5. Software Developer—Services (NOC 9990.5)
www.cic.gc.ca/english/work/itw-jobs.asp#jobs5
6. Software Products Developer (NOC 9990.6)
www.cic.gc.ca/english/work/itw-jobs.asp#jobs6
7. Telecommunications Software Designer (NOC 9990.7)
www.cic.gc.ca/english/work/itw-jobs.asp#jobs7
B. Live-In Caregivers
Live-in caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision. Live-in caregivers must live in the private home where they work in Canada.
Both the employer and the employee must follow several steps to meet the requirements of the Live-In Caregiver Program.
C. Business People
Business people include certain people entering Canada under the following free trade agreements:
North American Free Trade Agreement (NAFTA)
Under NAFTA, citizens of Canada, the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business or investment activities. Four specific categories of business people are covered: 1) business visitors, 2) professionals, 3) intra-company transferees, and 3) traders and investors. These business people do not need a Labour Market Opinion from Human Resources and Social Development Canada. They must, however, comply with the general provisions on temporary entry to Canada.
Canada–Chile Free Trade Agreement (CCFTA)
The CCFTA is modeled on NAFTA and makes it easier for Canadian and Chilean citizens to temporarily enter each of the two countries. The rules and requirements are similar to those under NAFTA and cover the same four categories of business people.
General Agreement on Trade in Services (GATS)
Under GATS, Canada has committed to making it easier for certain business people who are foreign service providers in certain sectors to access the Canadian market. The commitments apply to service providers from more than 153 World Trade Organization member countries. Three categories of business people are covered: 1) business visitors; 2) professionals; and, 3) intra-company transferees. Qualified business people can enter Canada more easily because they do not need a Labour Market Opinion from Human Resources and Social Development Canada or, in the case of business visitors, a work permit.
In order to qualify under GATS, the foreign national must be a citizen of a World Trade Organization (“WTO”) Member nation. All EU member states are WTO members. The list of Member nations appears at the website of the WTO at: http://www.wto.org/
Citizens of observer nations are not eligible.
PERMANENT RESIDENT (IMMIGRANT) STATUS
Introduction
Canada accepts several classes of immigrants and unlike the United States, Canada does not have a quota system. To obtain a Canadian Immigrant Visa one must qualify under at least one of the following categories.
I. Independent/Skilled Worker Category
II. Business Class Immigration
III. Canadian Experience Class
IV. Family Class Immigration
I. Independent / Federal Skilled Worker
This is the most common immigrant category, processed on the basis of an applicant's individual skills and the likelihood that they will contribute to the Canadian economy.
The Provincial Nominee Program (PNP) Canada is divided into ten provinces and three territories. All of Canada's provinces have their own immigration programs based on agreements between the federal government and the particular province. In general, the province adopts its own standards for attracting immigrants, for example, Alberta has started a new pilot program which is based on experience in the USA.
The Province of Quebec has established its own selection criteria and places a greater emphasis on French speaking ability.
Independent applications for residence in Canada (other than in Quebec) are processed using the "points system". Under this system, the applicant is awarded points based on various factors which assess his or her ability to make a positive contribution to Canada.
Canada Immigration has recently implemented new ministerial instructions to expedite these types of applications. Citizenship and Immigration Canada now anticipates finalizing these applications within 6-12 months, as opposed to several years.
II. Business Class
The Business Class immigration programs are intended for applicants who seek to qualify on the basis of their ownership or management of a qualified business or self-employed activity. These include the Investor Immigration Program, the Entrepreneur program, and the Self-Employed program.
Individuals with business/managerial experience and relatively high net-worth may apply for a Permanent Resident Visa under the Canada Business Immigration Program in one of the following three sub-categories:
A. Immigrant Investor Program: The immigrant investor program is for business owners and managers who wish to undertake to invest with a government approved fund. To qualify as an investor, an individual must have a net worth of at least CAD$800,000, have managerial experience and be willing to make a secured passive investment of CAD$400,000.
B. Entrepreneur Program: The entrepreneur category is similar in many respects to the treaty trader and treaty investor (E-1 and E- 2) non-immigrant visas under U.S. law. The entrepreneur program is for business owners and managers who are seeking to create a Canadian business and employ Canadians. To qualify as an entrepreneur, an individual must have a net worth of at least CAD$300,000, have business experience and be willing to establish, invest in or acquire a business in Canada which will create or maintain employment in Canada.
C. Self Employed Persons Program: Canada's self-employed program is for people who will make a significant contribution to the cultural, artistic or athletic life of Canada. They must plan to operate a business that will enable them to support themselves. The category is also open to people who will buy and operate a farm. To qualify as a self-employed person, an individual must have business experience, have the intention and ability to be self-employed in Canada and be willing to make a contribution to specified economic activities in Canada.
III. Canadian Experience Class
The Canadian Experience Class (CEC) is an immigration category for Canada's temporary foreign workers and international graduates who wish to become Permanent Residents. Unlike other programs, the Canadian Experience Class allows an applicant’s experience in Canada to be considered a key selection factor when immigrating to Canada.
IV. Family Class Immigration
Canadian citizens and permanent residents are eligible to sponsor close family members. Unlike the United States, Canada has no quotas or waiting periods for family members, other than the time required to process the application. The following relatives may be sponsored: Husband, wife, or common-law partner, including a partner of the same sex ; Children if (a) the child is unmarried and less than 22 years old or (b) continuously enrolled as a full time student since the age of 22 and supported by you or (c) wholly dependent on you due to a physical or mental disability; Parents; Grandparents; A child under 18 whom you intend to adopt under certain circumstances
Same Sex Partners and Common-Law Partners
In sharp contrast to the United States, Canadian immigration benefits are not limited to traditional same-sex marriages. Canada extends immigration benefits to all of the following:
• Unmarried same-sex partners in committed relationships
• Same-sex partners who have legally married in Canada or any other jurisdiction that recognizes same sex marriage
• Opposite sex partners in committed, unmarried relationships
Generally, Canada extends most if not all legal rights to such partners as well, including pension, inheritance, and tax benefits. There is no residency requirement for marriage in Canada, so same-sex partners from the United States and elsewhere can marry in Canada. Each province has its own procedures for issuing marriage licenses.
Obtaining permanent residence in Canada is a complex, lengthy and expensive process but unavoidable for those wishing to work and live in Canada permanently. Expert legal representation is essential.
