Immigrating to Canada in 2018
According to the “Immigration World” website , Canada is among the top-10 destinations for the immigrants. Being the second largest land mass in the world, Canada’s population has recently passed the 37 million mark only. Compare this figure with other large countries such as Russia at 144 million, the US at 326 million, China at 1.4 billion, India at 1.3 billion, and Brazil at 207 million. Consequently Canada is eager to bring in new immigrants as much as possible. For instance, the Canadian Government has decided to accept nearly 1 million new immigrants in the next three years (2018 to 2020).
The Canadian immigration law is, known as IRPA (Immigration and Refugee Protection Act), lays out the Canadian immigration principals. According to section 12 of the IRPA, immigration to Canada is divided into three categories:
- Family Reunification
- Economic Immigrants
Let’s have a quick look at these options.
Immigration through Family Reunification
A person holding Permanent Residency (PR) or Citizenship of Canada may apply for their spouse, children, parents, grandparents, or other family members to become permanent residents of Canada under various family sponsorship programs. Different circumstances may apply to each of these groups. For more information, you can also read the following articles:
Although family sponsorship is usually limited to the above mentioned family members, Canadians could sponsor other family members to Canada under rare circumstances. For example, under paragraph 117(1)(f) of the IRPR (Immigration and Refugee Protection Regulations), Canadians may sponsor their minor siblings who have lost both their parents. Paragraph 117(1)(g) also describes the possibility of adopting minor children to Canada.
Both the sponsor and the applicant need to meet certain criteria to receive the seal of approval from the immigration authorities. In some situations, when the sponsor or their family members are not fully qualified for immigration, an immigration officer could approve the application under the Humanitarian and Compassionate Considerations (H&C). In such cases, a child’s emotional, social, cultural and physical welfare are the immigration officers’ top priority. Section 25 of IRPA introduces H&C applications. Some important court cases such as Kanthasamy v. Canada affect the way officers review H&C requests.
Sometimes Canadian provinces introduce special family reunification opportunities for residents of their own province. You need to visit the relevant websites or consult with a professional for more information.
Economic Immigration to Canada
Applicantsو who immigrate through the Economic classes, are mainly skilled workers, business owners, or senior managers with management experience and investment capabilities. This is Canada’s largest group of immigrants and can be categorized into three main groups:
- Federal – These immigrants may settle in any province or territory of Canada other than Quebec.
- Provincial Nominee Program (PNP) – The applicants immigrate to a specific province of Canada other than Quebec
- Quebec – The province of Quebec holds a special agreement with the federal government, aka Quebec Accord, in which the province has the sole responsibility of its own immigration programs.
Immigration under the Federal Programs
The following programs are available through federal immigration in 2018:
- Express Entry or EE – This system which was introduced in 2015, has gone through an overhaul in 2017, and includes three groups of programs, namely:
- The Federal Skilled Worker Program
- The Canadian Experience Class Program
- The Federal Skilled Trades Program
- Self-Employed program – This program covers two specific groups, namely:
- Start-up Visa – This program is designed for innovative immigrants
- Caregivers Immigration – This process is specific to applicants who were present and worked in Canada as caregivers. Please be advised that the old program of Live-in Caregiver is closed to new applications and applicants cannot apply through this stream as of August 2017.
PNP and Quebec Programs
Canada has ten provinces and three territories. With the exception of Nunavut, every province and territory in Canada offers some immigration opportunities. Canadian Constitution Act 1867 enables provinces to manage immigration to their province as long as it is not against the decisions of the Federal Government.
Other Ways to Move to Canada
You may enter or live in Canada for a few days to several months under the following options.
These temporary options do not necessarily result into permanent residency, but they could help. For instance, if a person works in Canada for at least one year, they may be able to apply for immigration under the Canadian Experience Class. Also, if a person finishes post-secondary level studies (i.e. Masters Degree or PhD) in Ontario, they could apply for permanent residency under the Ontario Immigrant Nominee Program.
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- Definition of spouse for the purpose of immigration to Canada
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“This article provides information of a general nature only. It may no longer be current. It does not provide legal advice nor should it be relied upon. If you have specific legal questions you should consult a lawyer. If you are looking for official immigration advice contact us.”