* This article is authored by Irvin H. Sherman, Q.C. Mr. Sherman has been a lawyer and member of the Law Society of Upper Canada for over 27 years. He is a former member of the Immigration Appeal Board of Canada and is experienced in immigration appeals before the Federal Court of Canada and other judicial bodies. He practices with the firm of Rekai & Johnson in Toronto and can be reached at 130 Bloor Street West, Suite 604, Toronto, Ontario, Canada M5S 1N5, telephone # 416/960-8876 or by email at irv.sherman@westonia.com.
Immigration to Canada is called permanent residency. Once a person becomes a permanent resident that person is entitled to enjoy most of the benefits available to Canadian citizens. These benefits include the right to live and work anywhere in Canada and to receive many social benefits including the right to universal health coverage.
A permanent resident may sponsor his parents, brother and sisters, spouse or fiancee under 19 years of age for permanent residence status. These persons are called members of the family class of immigrants and receive first priority in processing.
The remaining categories of immigrants to Canada fall under the independent and business class of immigrants.
Independent immigrants are subject to a point system. To be eligible for permanent residence status the immigrant must receive 70 points. Points are awarded for such things as age, education, and facility in the English and/or French languages. To be eligible for immigration under the independent class, the immigrant must have work experience in an occupation which is in demand. Such occupations include accountants, engineers, technicians, technologists, secretaries, computer repair specialists, analysts and programmers. There are over 900 occupations currently in demand. Bonus points are awarded if an independent immigrant has a parent, brother, sister, uncle or aunt in Canada.
The business class of immigrants includes the self-employed person and entrepreneurs.
A self-employed person means an immigrant who intends and has the ability to establish or purchase a business in Canada that will create an employment opportunity for himself and will make a significant contribution to the economy or the cultural or artistic life of Canada. Generally speaking, this class of immigrant is restricted to members of the arts and sporting communities.
An entrepreneur means the following:
- an immigrant who intends and has the ability to establish, purchase or make a substantial investment in a business or commercial venture in Canada that will make a significant contribution to the economy and whereby employment opportunities will be created or continued in Canada for one or more Canadian citizens or permanent residents, other than the entrepreneur and his dependents; and
- who intends and has the ability to provide active and ongoing participation in the management of the business or commercial venture.
Immigrants may be denied admission to Canada for reasons of health, criminality and security.
All immigrants except entrepreneurs receive unconditional visas. Entrepreneurs, their spouses and children receive conditional visas. These persons may be removed from Canada if the entrepreneur does not live up to the terms and conditions for which he was granted landing, namely the investment and participation in the management of a business which creates at least an employment opportunity for a person eligible to work in Canada.
Persons who seek to immigration to Canada must apply outside of Canada. A person does not have to apply for immigration to Canada in the country where he resides or has citizenship. For example, a Mexican may apply for immigration to Canada at a Canadian consulate located in the United States.
Permanent residents are eligible for citizenship after three years subject to certain rules including those relating to residency.
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