What is a Canada Immigration Visa?

Canada Immigration (Permanent Resident) Visa is a document which allows a person to live and work anywhere in Canada, and confers upon that person Permanent Resident status. It comes with certain responsibilities and may be revoked if the holder does not meet Canadian residency obligations, or is found guilty of serious criminal activity. A person who is a Canadian Permanent Resident may apply for Canadian Citizenship after 3 years.

How long does it take to get a permanent residence visa?
Every application is different and processing times largely depend on the type of visa being applied for.  As a general rule however, it takes most applicants 12 to 24 months, sometimes up to 48 months (excluding the time required to prepare the application and qualification recognition before lodgment) to receive a decision on their visa application. Spousal cases and temporary employment authorizations tend to be a little quicker taking a maximum of 6 months to process, while applicants requiring professional registration can take an additional 6 to 12 months to process. If you are requested to attend an interview, this can add many more months into the processing of your application.

Is there a benefit to using an attorney for immigration to Canada?
Yes, there is. Even though Citizenship and Immigration Canada permits you to submit a Canadian Immigration Visa Application on your own, statistically, your chances of succeeding are increased if a qualified Canadian immigration attorney represents you. Moreover, a perfected application will, in many cases, shorten the immigration process, allowing you to obtain your Canada Immigration Visa faster.

Who can I include in my application for a Canada Immigration Visa?
Your spouse/common-law partner/conjugal partner and any dependent children must be included in the application. Dependent children must be under the age of 22 years, or, if they are 22 and older, they must be full-time students and not have interrupted their education since the age of 22. Your dependents will be subject to medical and security clearance requirements. A change in family status after your application has been submitted may affect the processing of your application.
Other close family members, such as your parents, generally cannot be included in your application but you may be able to sponsor them to become Canadian Permanent Residents after you become a Canadian Permanent Resident.
Citizenship and Immigration Canada affords equal rights under the Canada immigration application process to same-sex partners.

My migration consultant has assessed me as being eligible for residence in Canada. If I apply without his or her help, can I be certain of success?
NO. Although you may fundamentally qualify under Canada’s immigration policy, you are by no means guaranteed of success. Your application must be prepared in accordance with the prevailing immigration regulations and submitted together with the appropriate supporting documentation in order to be approved by the Canadian Department of Immigration. The ways in which to do this are not always clearly set out by the immigration authorities and can result in many applicants presenting their cases wrongly, inevitably leading to refusal.

Will I have to take a medical examination?
All Canadian immigration applicants are required to undergo medical examinations.
These examinations are intended to detect any conditions, which may affect the health of the Canadian public, or which may result in excessive demands being placed upon Canadian health or social services.
The medical examination includes a standard physical examination, blood tests, urine tests, and X-Rays.

How long are medical examinations valid for?
Medical Examinations are valid for one year from the date of the examination. You must undergo a new medical examination if your visa has not been issued within one year from your medical examination date.

Will my application be rejected if I have a certain disease or disorder?
Each medical case is analyzed individually, taking into account your full medical history. If the disease or disorder poses health risks to Canadians or places excessive demands on the Canadian health care system, it may result in medical inadmissibility

What is a Police Certificate?
All applicants for Canada Immigration (Permanent Resident) Visas, 18 years of age and older, must submit a Police Certificate from each country in which they have lived in for 6 months or more since their 18th birthday as part of the security clearance process. Police Certificates may go by different names in different countries. They are official documents that indicate any prior criminal activity.
If officials in a particular country refuse to issue a Police Certificate, it would be helpful if you could obtain a written statement from them confirming that they refused to issue the certificate.

What is the Business Immigration Program?
The Business Immigration Program is a category of Canadian Immigration under which individuals with business/managerial experience and relatively high net-worth may qualify for a Canada Immigration (Permanent Resident) Visa. There are three programs within the Business Immigration Program: Immigrant Investors, Entrepreneurs and Self-Employed Persons.

What documents must I provide in support of my application under the Business Immigration Program?
In addition to Citizenship and Immigration Canada application forms, education-related and status documents (passports, birth/marriage certificates, etc.), you must submit documents proving your business and/or managerial experience, as well as documents evidencing your net worth.

How can I qualify under the Immigrant Investor Program?
As an Immigrant Investor planning to reside anywhere in Canada, except in the Province of Quebec, you must have:
• a net worth of at least CAD$800,000, lawfully obtained;
• the funds to invest CAD$400,000 for five years with Citizenship and Immigration Canada, which acts as agent on behalf of provincial and territorial investment funds; and
• Managed and owned an equity interest in a qualifying business, as defined under Citizenship and Immigration Canada Regulations; or, managed/supervised at least five employees for a period of two years within the last five years.

As an Immigrant Investor planning to reside in the Province of Quebec, you must have:
• a net worth of at least CAD$800,000, lawfully obtained;
• the funds to invest CAD$400,000 for five years in a government of Quebec guaranteed investment fund; and
• Managerial experience in a commercial, industrial or agricultural enterprise; or managerial experience in a government, governmental organization, or international organization.

How can I prove that my net worth has been lawfully obtained?
You must demonstrate the origin and accumulation of your wealth through reliable, third-party documentary evidence: tax returns, pay stubs, deeds of purchase/sale, statements from stockbrokers, business/real estate valuations, etc. You must be able to demonstrate that your assets were gained through means, which are considered legal, including gifts or inheritances.

Under the Business Immigration Program, am I required to live in a particular province?
After becoming a Canadian Permanent Resident, you may live, work and engage in business activities in any Canadian province or territory, regardless of where you initially indicated you intended to reside on your application form.

Who qualifies for a Canada Immigration Visa under the Family Sponsorship category?
Close relatives of a Canadian citizen or a Canadian permanent resident.

More particularly, to qualify under the Family Sponsorship category, the Sponsored person(s) must be related to the Canadian Sponsor in one of the following ways:
• Spouse, common-law partner, or conjugal partner; or
• Parent or grandparent; or
• Dependent child; or
• Orphaned, unmarried, and under 18 years of age brother, sister, nephew, niece, or grandchild; or
• Intended adopted child under 18 years of age; or
• One other relative, if the sponsor has no relative listed above and no relatives who are Canadian citizens or Canadian permanent residents.

Who can be included in the Sponsored person's application for a Canada Immigration Visa?
Under the Family Sponsorship category, the following individuals can be included in the Sponsored person's application for a Canada Immigration Visa:
• The spouse, common-law partner, or conjugal partner of the Sponsored person
• The dependent children of the Sponsored person
• The dependent children of the Sponsored person's spouse, common-law partner or conjugal partner
• The dependent children of the Sponsored person's dependent children
• The dependent children of the Sponsored person's spouse, common-law partner or conjugal partner's children

What is a permanent resident or landed immigrant?
Essentially, it is a right affixed into your passport granting you the permanent right to live and work in Canada. You are eligible for government-subsidized medical care immediately in most states and territories but are not permitted to vote in Provincial or Federal elections. After three years you can apply for citizenship, entitling you to a Canadian passport. Temporary residents (those on student and work visas) are generally not entitled to medical care or social welfare assistance. These persons are advised to take out private health insurance.

When I migrate, will I lose my current passport?
NO, not necessarily. Firstly, you will enter as a permanent resident or landed immigrant which does not affect your current citizenship status. After three years you can apply for Canadian citizenship (but this is not obligatory). The Canadian Government allows dual-nationality (i.e. the holding of two passports), so you could retain your current passport and obtain a Canadian passport as well. Having said this, you must check that your own country of citizenship allows dual-nationality, as this right must be reciprocal. If not, you will need to surrender your other passport in order to become a Canadian citizen.