Have you ever thought of immigrating to Canada? Are you married to a Canadian Citizen or do you have work experience in a skilled occupation in demand in Canada?
The Canadian government has recently changed its regulations to fast track and give priority to applicants who have work experience in an occupation in demand or who are married to Canadian Citizens.
No job offer is required and having a relative in Canada is not a prerequisite. Sound simple. It can be especially if one compares the immigration rules in the USA.
In general, the USA has very strict rules when one applies for immigration. There are two general ways for a person to immigrate to USA. Either through a job offer (employment based) or through a family sponsorship (family based). Even with employment based visas, such as H1B visas, there is always a mad rush to file the application before April 1 to be one of the 65,000 applicants under the cap. This is simply not a strong option especially with the retrogression. So what happens if you do not have a job offer or a relative in USA? You are likely out of luck. It is for that reason many are looking to Canada for a different route and greener pastures and an immigration system that does not work on quotas or caps.
In Canada, an applicant must have at least one year of work experience in a high-demand occupation in Canada to qualify. Examples of high demand occupations are: doctors, nurses, physiotherapists, Certified Nursing Assistants, Licensed Practical Nurses, Accountants, Electricians, Chefs, Cooks and Restaurant Managers.
An applicant who possesses at least one year of work experience is able to file an application for permanent residence under the fast track program. All such applications must now be processed inside of Canada. It is therefore crucial to hire a Canadian lawyer who lives in Canada permanently. A realistic time frame to process applications is eight to twelve months.
It should also be noted that such applications include all members of the family. In other words, a nurse for example who applies for Canadian Permanent Residence is able to include herself/himself, spouse, and all dependant children. All family members will receive immigrant visas at the same time.
Further, one is able to include their common law partner (either same sex or opposite sex) if the applicant has lived with their partner for over one year. An applicant who was previously married does not need to first be divorced from their original spouse as long as they can demonstrate the one year cohabitation rule.
As well, Canadian immigration is federal jurisdiction and therefore applicants are able to live and work in any place in Canada. They are not restricted to one place.
Applicants who are married to Canadian Citizens are able to file sponsorship applications from abroad and be processed within six months. Under recent rules, the Canadian Citizen sponsor does not need to live in Canada to file the sponsorship and is able to reside outside of Canada while the application is being processed.
Finally, Canada is the only country to have a caregiver program that automatically leads to permanent residence. Workers in Canada under the caregiver program can automatically become immigrants (and bring all family members with them) after working for two years. In the USA, there is a similar au-pair care giving program but the work permit is limited and does not provide any privilege or advantage should one wish to adjust their status to a green card.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by fax, phone 416 733 3193 or email www.moyal.com
