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When intending to reside in Canada for a long period of time you must apply under one of the following four immigration categories.

(1) Skilled Worker Immigration  

A person with special occupational skills and experience may qualify as a Skilled Worker immigrant.  These skills must be readily transferable to the Canadian labour market. Those applicants who wish to immigrate to Canada without sponsorship should use the Skilled Worker (formerly called Independent) Category.

This category is sometimes referred to as "Independent Immigration".  Canada selects immigrants in this category based on a complex system of points.  Points are awarded to an immigrant based on the following six criteria:

• Education
• Official Languages (English & French)
• Experience
• Age
• Arranged employment in Canada
• Adaptability

It is not necessary to have a job offer in Canada in order to immigrate, however the successful independent applicant must be qualified for one of the occupations listed in Citizenship and Immigration Canada's General Occupations List and must have at least one-year work experience.  There are hundreds of occupations that appear on the list.  Sometimes the distinctions between occupations are very subtle.  We can quickly identify whether or not your employment background will qualify you for skilled worker immigration, or if we need to proceed with other options that are available to you.

To see if you qualify or not under Federal Skilled Worker Category, Contact Active Professionals for Assessment and Consultation.
 
(2) The Provincial Nominee Program 

Under the Provincial Nominee Program most provincial and territorial governments may nominate a person for an immigrant visa on the grounds that the individual's labor market skills are in particular demand in that province or territory. Provincial nominees are expected to live in the province that nominated them in order to contribute their particular employment skills.

(3) Criteria for Skilled Workers Intending to Live in Quebec  

The Canada-Quebec Accord gives the Province of Quebec sole responsibility for selecting skilled worker applicants and sole responsibility for integration services for immigrants who settle in Quebec. Skilled workers who intend to live in the Province of Quebec must satisfy the Quebec selection criteria and obtain a “Certificate de sélection du Québec” issued by the Provincial Government of Quebec.

(4) Business Immigration

(A) Investor  

Requirements for investors 

To be eligible for immigration as an investor, an applicant must:

• Make a prescribed investment of $400,000, payable to the Receiver General of Canada.  This investment is subsequently allocated to participating provinces and territories in Canada, which use the funds for job creation and economic development.  The full amount of the investment (without interest) is repaid to the investor after approximately five years.  The return of the investment is fully guaranteed;
• Have a legally obtained net worth of at least $800,000; and for at least two years in the period beginning five years before the date of application, have either:
• Managed and controlled a percentage of the equity of a qualifying business, or
• Managed at least five employees or full-time job equivalents per year in a business.

To establish a business as a “qualifying business” during a given year for the purposes of selecting investors and entrepreneurs, the business must not have been operated primarily for the purpose of deriving investment income (such as interest, dividends or capital gains), and the applicant must provide documentary evidence that the business meets at least two of the following criteria:

• The percentage of equity, multiplied by the number of full-time job equivalents, is equal to or greater than two full-time job equivalents per year;
• The percentage of equity, multiplied by the total annual sales, is equal to or greater  than $500,000;
• The percentage of equity, multiplied by the net income for the year, is equal to or greater than $50,000; or
• The percentage of equity, multiplied by the net assets at the end of the year, is equal to or greater than $125,000.

(B) Entrepreneurs  

Requirements for Entrepreneurs

To be eligible for immigration as an entrepreneur, an applicant must:

• Have managed and controlled a percentage of the equity of a qualifying business for at least two years in the period beginning five years before the date of application;
• Have a legally obtained net worth of at least $300,000; and
• Intend and be able to manage and control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 percent, and create at least one full-time job equivalent for Canadian citizens or permanent residents, other than the entrepreneur and his or her family members, for a period of at least one year within three years of arriving in Canada.

To establish whether a business is a “qualifying Canadian business” during a year for the purposes of three) above, the business must not have been operated primarily for the purpose of deriving investment income (such as interest, dividends or capital gains), and an applicant must provide documentary evidence that the business meets at least two of the following criteria:

• The percentage of equity, multiplied by the number of full-time jobs equivalent, is equal to or greater than two full-time jobs equivalent per year
• The percentage of equity, multiplied by the total annual sales, is equal to or greater than $250,000
• The percentage of equity, multiplied by the net income for the year, is equal to or greater than $25,000 or
• The percentage of equity, multiplied by the net assets at the end of the year, is equal to or greater than $125,000.

(C) Self-Employed  

Requirements for Self-employed Persons 

To be eligible for immigration as a self-employed person, an applicant must have at least two years of one of the following types of experience in the period beginning five years before the date of application:

• Self-employment or participation at a world-class level in cultural activities;
• Self-employment or participation at a world-class level in athletics; or
• Farm management experience.

Self-employed persons must have the intention and ability to be self-employed in Canada and to make significant contributions to cultural activities or athletics, or to purchase and manage a farm.

Selection Criteria
To be eligible for selection as business immigrants, applicants must first meet the definition of the class under which they are applying (investor, entrepreneur or self-employed person).  Applicants are then assessed against five selection criteria and must obtain a minimum of 35 points.  The selection criteria and maximum points allocated are as follows.

• Selection is based on the documents provided and the qualities of the applicant, as assessed against the selection criteria. An interview may be required. A visa officer will ask the applicant to explain any ambiguities, inconsistencies, shortcomings or gaps in these documents during the interview. 
• The pass mark, as of June 28, 2002, is 35 points for all business immigrants; however, the pass mark can change at the discretion of the minister.
• All dollar amounts cited in this document are in Canadian dollars.

For additional information about business programs contact Active Professionals. We charge $90.00 (Canadian dollars) to provide an assessment determining if you qualify or not.  For this category assessment, please e-mail a detailed resume so we can ask further questions, if necessary.  If you retain the services of Active Professionals within four months of the initial consultation, we will transfer the consulting fee toward your retainer fee.  

 (5) Member of the Family Class    

To immigrate to Canada as a member of the family class, the immigrant must have a relative living in Canada who is willing and able to financially support them until they are established in Canada. Canadian citizens and permanent residents have the right to sponsor close family members seeking entry into Canada.

The family members eligible for sponsorship include:

• Spouse, Common-Law Partner (including Same-Sex Partners)  and Conjugal Partner
• Dependent children
• Adopted Children
• Parents
• Grandparents

In some cases, a Canadian Citizen or permanent resident may be eligible to sponsor other relatives.  However, these circumstances are quite narrowly defined.  Contact Active Professional for details.

(6) Other Immigration and Non-Immigration Categories:


In addition to permanent residents, Canada also welcomes people who

 

want to come to Canada temporarily, whether to study, work, or visit.
There are also Humanitarian and Compassionate Cases (Applying for permanent residence within Canada) and Live-in Caregiver categories.
If you want to study in Canada, you must meet some important immigration requirements. You require a Visitor Visa, and before you apply, you must be accepted as a student by an approved educational institution.

Any person who wants to work or study in Canada must obtain a written authorization before entering Canada.  Often the eligibility criteria are extremely complex, governed by a host of regulations and policy exemptions.  A poorly prepared application for student or employment authorization can result in a refusal for the applicant, which may have consequences for future applications.

In all, but the most straightforward of immigration cases, it is best to seek expert advice before submitting your application.  Every immigration application is unique and as such, advice will very depending on your situation.

This web site contains only basic general information.  Immigration rules and regulations change frequently, so you should always seek the advice from a qualified professional before you begin the Canadian immigration process.  At Active Professionals we would be pleased to assist you with all your immigration needs.


Labour Market Opinion (LMO) for Temporary Foreign Workers

What you, as an employer, must do if you plan to hire a foreign worker for temporary position:
All foreign workers must have a valid work permit to work in Canada with some exceptions.  When hiring a foreign worker, the employer must first apply for approval of your employment offer Labour Market Opinion (LMO) to the HRSDC and meet the following criteria:

• The job offer is genuine;
• The wages and working conditions are comparable to those offered to Canadians working in the occupation;
• You conducted thorough search in your effort to hire or train Canadians for the job
• The foreign worker is filling a labour shortage
• The employment of the foreign worker will directly create new job opportunities or help retain jobs for Canadians
• The foreign worker will transfer new skills and knowledge to Canadians
• The hiring of the foreign worker will not affect a labour disputes or the employment of any Canadian worker involved in such a dispute.  

Arranged Employment

If you found a skilled worker that you would like to hire on a permanent basis, but do not need him to start immediately, you can offer him permanent full-time job that will help the worker obtain permanent resident status in Canada.
Such an employment offer must be approved by Human Resources and Social Development Canada (HRSDC) but the test for qualifying companies is different than when a temporary position has been offered.  Generally, the employer must prove to HRSDC that:

• The job offer is genuine
• The wages are comparable with normal market wages in the occupation
• The employer has been in business for at least one year
• The employer has other people on his payroll – contract positions will not be considered in this type of application.
• Exemptions from the HRSDC process  

In specific cases under the Immigration and Refugee Protection Act, employers in Canada can hire foreign workers without requiring an HRSDC job offer confirmation. IRPA exemptions from the HRSDC confirmation requirements are intended to facilitate the entry of foreign workers to support broad economic and trade objectives in Canada.
 
North American Free Trade Agreement (NAFTA)

Under Chapter 16 of the NAFTA, citizens of Canada, the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business-related activities or investments.  All businesspersons covered by the NAFTA are exempt from the need to obtain approval from HRSDC. This means that Canadian employers do not need to have a job offer approved by HRSDC to employ a U.S. or Mexican business person.
General provisions on temporary entry also apply to citizens of the three countries.
The NAFTA applies to four specific categories of businesspersons: business visitors, professionals, intra-company transferees, and traders and investors.

Canada-Chile Free Trade Agreement (CCFTA)

The CCFTA is modeled on the NAFTA and makes it easier for Canadian and Chilean citizens to temporarily enter the other country.  The rules and requirements are similar to those under the NAFTA and cover the four categories of business persons: business visitors, professionals, intra-company transferees, and traders and investors.
 
General Agreement on Trade in Services (GATS)

Under the GATS, Canada has committed to facilitate market access for certain businesspersons who are Foreign Service providers in specified sectors. The commitments apply to service providers from more than 140 World Trade Organization member countries. Three categories of businesspersons are covered: business visitors, professionals and intra-company transferees. Qualifying businesspersons find it easier to enter Canada because they do not need to obtain HRSDC confirmation or, in the case of a business visitor, a work permit.

Live-In Caregiver Program

The Live-in Caregiver Program provides professional caregivers employment in Canada. A Live-In Caregiver is someone who provides continuous, full-time unsupervised care of Children, the Elderly, or the Disabled in a private household.

For the Employee

Before you consider applying to work as a live-in caregiver in Canada, here are four main requirements you must meet in order to qualify under the live-in caregiver program:

• You must have successfully completed the equivalent of Canadian High School education.
• You must have 6 months of full-time training as a Caregiver in a classroom setting or twelve months of full-time, paid employment, including at least six months of continuous employment with one employer, in a field or occupation related to the job you are seeking as a live-in caregiver.
• In order to meet the criteria for experience, you must have completed one year of full-time paid employment, including at least six months of continuous employment with one employer, in that field or occupation. This experience must have been obtained within the three years immediately prior to the day on which you submit an application for a work permit to a visa officer. You may have completed your training as part of your formal education. You may have gained your training or experience in early childhood education, geriatric care, pediatric nursing or first aid, to name just a few areas.
• You must be able to speak, read, and understand either English or French at a level that allows you to function independently in a home setting. For example, you must be able to contact emergency services if required and to understand labels on medication. You will be unsupervised for most of the day and may be put in a position of having to communicate with someone outside the home. A good knowledge of English or French will also enable you to read and understand for yourself what your rights and obligations are.
• You must have a written contract between you and your future employer.  

For the Employer

There is no fee to apply to Human Resources and Social Development Canada (HRSDC) to assess a job offer for a live-in caregiver.  Lawyers and Consultants charge a fee for doing the paper work which will vary from office to office.
Employing foreign, live-in caregivers in Canada can be very important for a family in need of care for their children, an elderly or disabled person. Before you apply to hire a foreign live-in caregiver please note that the live-in caregiver must:

• Work for you in a private home
• Live with you, the employer
• Be provided with a private, furnished room within the home
• Be employed on a full-time basis
• Meet Citizenship and Immigration Canada's requirements for language, education and work skills necessary to function in the Canadian Labour Market.  

Why Study in Canada?

If you are one of those who seek a high quality of life above anything else Canada is the place for you.  It has been consistently ranked by the UN as the number one country in the world to live in.
Students interested in an outdoor lifestyle may be attracted to the wide-open spaces and fantastic natural scenery offered in Canada's vast and sparsely populated territory.  This is by no means all the country has to offer.
The diverse ancestry of today’s Canadians means that students can experience a variety of different cultures while also being exposed to the two national languages, English and French.  The presence of lively cities such as Calgary, Montreal, Vancouver and Toronto insure that students can easily combine the excitement of city life with peace and quiet or adventures of the great outdoors.
There are many reasons why someone decides to study in Canada. You will have a choice in your language of instruction; English or French and you can choose to enroll in institutions from 1,000 to 60,000 students in size.
Many students are helped by education agents who facilitate their application to our program.  In this section you will find information about what students should look for in an education agent, plus a listing of the agents who are currently under contract with the schools to represent our programs in their countries.
There are 10 Main Reasons to Study in Canada:

• Excellent health care system
• Ranked the best education system in the world
• World recognized education
• Excellent education system!
• The United Nations ranked “The Best Place in the World to Live”
• A safe and stable country
• May work in Canada after graduation
• A multicultural country
• Learn or improve another language
• Four distinct seasons