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Canadian Immigration Rules

Canada Immigration involves various rules and formalities, and an Immigration Lawyer can help you with them. Read about the entire Canada Immigration Process.
Written by:
Shivi Gupta
Published on
05-Feb-18

Canada is one of the most favourite places to work in and reside. Easy and flexible immigration process makes it an attractive option for many immigration seekers around the world. Though many individuals apply for a Canadian immigration, but only a few qualify to get the immigration access.

Most of the people don’t follow up with application process diligently, provide incomplete data or follow the immigration rules and laws that are to be complied with. As a result, their application stands rejected and unfortunately, they fail to get a Canadian visa.

There is also a bar on number of times a person can apply in certain cases.  In order to avoid this situation, it is important to know the immigration rules and details thoroughly. It is also advisable to consult an immigration consultant who can handle the paperwork and also let you know the rules and applicable laws in detail, in order to avoid the rejection of application form and ease the process.

What is Immigration?

Immigration can be referred to as a movement of any person into a host country to which they do not belong or a country of which they do not possess citizenship, in order to work there or reside or study, etc. 

Types of Immigration

1. Temporary immigration: A person is a temporary immigrant when he wants to reside in a country for a limited period of time. The classes that fall under this type includes-

  • Visitor visa/ tourist visa- A person may consult immigration consultants to apply under this class if the applicant wishes to come to Canada as a visitor or tourist. The visit scheduled should be to visit relatives, to attend a business meeting, to attend a conference or convention, tourism purposes, participating in a cultural show and any such other purpose.
  • Student Visa for educational purposes- A person may apply under this category of he wishes to study in Canada and is an international student.
  • Work permit for employment purposes- An applicant can talk to an immigration consultant to apply under this class if he/she wishes to come to Canada and work for a Canadian company or join any work in Canada. This is similar to the H-1 visa category of US. In many countries, it is popularly known as work permit visa.

2. Permanent immigration: An application under this category can be made through the immigration consultants when a person wants to permanently reside in Canada. Various classes that fall under this include-

  • Application under the independent class- An individual should consult immigration lawyers to apply under this category if he wishes to reside in the country on the basis of their qualification, work experience and knowledge of French or English language. This category of application is also known as professional class or skilled worker class and the application is assessed on the basis of point system.
  • Application under the Entrepreneur class, investor class or self- employed class- A person must consult immigration consultants to apply under this category if he wants to start his own business in Canada.  This class is known as the business immigration class. A person shall make an application under the investor class if he wants to act as an investor in businesses.
  • Family Class- If a person has close relative residing in Canada, then he can talk to immigration lawyers to apply under the family Class. 
  • Sponsorship- Canadian natives and permanent residents can sponsor their relatives so that they can reside in the country.

 

Canada Immigration Eligibility

  • Age- As per the new immigration rules for Canadian immigration as set by the IRCC for 2018, any person between the ages of 18 to 65 years can apply for an immigration to Canada. Earlier, this criterion used to be 21 to 65 years but in order to invite more applicants and meet the growing trends, the aged limit has been relaxed.
  • Education- There has been a change in this criterion as well. In order to invite more applications, now, anyone with a high school diploma can apply for Canada as a permanent resident. Of course, in addition, they have to have the right kind of work experience as well. For Indians, it is usually advisable to have a Master’s degree, because it helps the applicant find a good job and also gives them an upper hand at getting selected for immigration through the Express Entry scheme. Education Credential Assessment (ECA) report must be presented at the type of application.
  • Work experience- Under the new regime, the minimum number of years required for immigration to Canada has been lowered to 1 year. A person must have worked at least for a year to apply for a Canadian visa while a 3-year work experience is recommended to get through the process.
  • Language Ability- In order to reside in a country, a person must have the requisite language abilities. He must have the knowledge of the commonly spoken languages- English and French. CLB 7 score is required to get through the process.
  • Adaptability- Canada is a country that supports families to live together and migrate together. Also, it gives an added advantage i.e. extra points to applicants who already have family living in Canada. In the latest rule changes, the IRCC states that applicants that have families living in Canada will have an added advantage.
  • Medical Requirements, police verification and funds- A person must pass the medical examination and must have requisite proof of funds. One must also pass the identity test.

Canada Immigration Process

1. Submit your Education Credential Assessment (ECA) report- This is required to show that the person has requisite education qualification.

2. Submit your IELTS Language Ability Report- This shows that you have sufficient language skills to reside in Canada.

3. Submit Express Entry Application- After collecting all important documents, the immigration consultants can submit your application form. The most important thing, while applying for Canada Immigration is to know that there exists 3 major Canada immigration categories to choose from. These include:

  • Federal Skilled Worker Program
  • Canadian Experience Class
  • Federal Skilled Trades Program

4. Get your CRS Score: Once you have created your Express Entry profile and provided the information asked for, the profile will be assessed and a score will be assigned based on the information you provided. Factors such as age, language ability, work experience, education etc. will aid in deciding the score. If you don’t obtain the right score try to improve the same.

5. Apply for PNP: If unfortunately, you don’t get a high score in the CRS system, then Provincial Nomination Programs or PNPs is the next available best option. You should check out the application particulars of the province you are applying to before submitting the actual application

6. Wait for Express Entry Draw: After completing the application procedure, one has to wait for the Express Entry draws. If your CRS score is above the cut-off, then you will get an Invitation to Apply from the IRCC.

7. After getting the ITA or PNP, one can apply for Permanent Residence visa on your behalf within 90 days and 30 days for PNP.

8. Requisite Documents include:

  • Copy of the Identity Proof
  • Educational Qualification Documents
  • Work Experience Certificate
  • Copy of Valid Passport
  • Your recent passport size photographs
  • Job offer letter from Canadian Employer (if any)

A person must take the help of an immigration lawyer in order to choose the right category, know the appropriate laws and rules, know the eligibility criteria and for a successful application. MyAdvo connects you with the immigration lawyers for Canada Immigration. Email us at info@myadvo.in or call us at +919811782573.