Make Canada your new home!
Becoming a permanent resident is a big step! Knowing all of the options open to you, and choosing the right option, is critical. At Caron & Partners, we help clients every day in finding the right program under which they can become permanent residents. We have explained some of the paths to permanent residence below. Contact us to see how we can help you!
Express Entry ("EE") is the process for economic immigrants to become permanent residents of Canada. EE allows the Government to control the intake of applications, and allows for fast processing of applications.
EE is very complex and time sensitive. Individuals interested in immigrating to Canada must express this interest by creating an EE profile. Citizenship and Immigration Canada ("CIC") then invites select individuals to apply for permanent residence.
The EE system assigns a candidate a number of points depending on the individual's (and their spouse, if applicable) personal circumstances, such as their age, education, skilled work experience, and language abilities. Arranged employment with a Canadian employer (or nomination by a Canadian Province) provides very crucial points and guarantees that the candidate will receive an invitation to apply for permanent residence.
A candidate must also demonstrate that they meet the eligibility criteria for one of Canada's economic immigration Streams, such as the Federal Skilled Worker Class, Federal Skilled Trades Class, or the Canadian Experience Class.
Once the Candidate receives an Invitation to Apply ("ITA"), the necessary information and documents must be provided within 60 days. CIC will reject any applications it deems as incomplete, which means you must start from the beginning. As such, it is crucial to get the proper advice from a knowledgeable lawyer about this process.
Let us help you to calculate your profile score and determine your chances of getting an ITA.
Provincial Nomination Programs
Many Canadian Provinces have their own immigration programs for those who wish to settle specifically into that Province. Each of these programs varies vastly in terms of programs offered. Moreover, these programs are very fluid and change (or are cancelled) on short notice. It is important to contact a lawyer who is familiar with these programs to ensure you are eligible and comply with all the program requirements.
You can permanently sponsor certain relatives to Canada under the following programs:
- Spouse and common-law partners
- Parents and grandparents
- Adopted children
- Brothers or sisters, nephews or nieces, and grandchildren who have been orphaned, are under 18 years of age, and are not married or in a common-law relationship
- Accompanying relatives, usually meaning dependent children (under the age of 18, or unable to leave their parent's care due to a mental or physical disability)
Unfortunately, there is no dedicated class for un-orphaned, adult brothers and sisters, nephews or nieces, and grandchildren. However, if you do not have any relatives in Canada, you may be eligible to sponsor one relative regardless of age or relationship. Contact us if you would like to learn more about this exception.
If you are legally married to a Canadian citizen, or have lived together with a Canadian citizen in a conjugal relationship at the same address for one year or more, you may be able to apply for spousal sponsorship.
To be a sponsor or be sponsored, you must be 18 or older. Your sponsor will also have to show proof that he or she can meet the basic needs (food, clothing and shelter) for you and any of your family. There is a minimum income requirement and other criteria in order to qualify. Your sponsor must support you financially and make sure you do not need to ask for social assistance from the Canadian government. Please note that if you were sponsored to Canada as a spouse or common law partner, you cannot sponsor a new spouse or partner within 5 years of becoming a permanent resident.
To find out more about becoming a sponsor, we invite you to contact one of our lawyers.
If your application is successful, you will gain "conditional permanent residence". This means you must cohabit with your Canadian spouse in a legitimate relationship for two years after you receive your permanent resident status. If you separate from your spouse or partner before two years, you will lose your right to remain permanently in Canada. There are exceptions for those subjected to domestic violence, or if your Canadian spouse dies before the two years have expired.
Parent and Grandparent Sponsorship
Every year, Citizenship and Immigration Canada (CIC) will take a limited number of applications to sponsor parents and grandparents. Applications generally open in early January. Once the cap is reached, applications are closed and you must wait until next year to apply to sponsor your parent or grandparent.
Our office has handled many parent and grandparent sponsorships. Ever year, there is a rush to apply and the application cap is usually reached on the first day. If there is a mistake or omission in your application, your application will be returned to you and you will probably have to wait until next year. If your application is not able to reach its destination in time, or arrives even a day early, you will have to wait until next year. We invite you to contact us so you do not miss your opportunity to sponsor your parents or grandparents.
Adopted Children Sponsorship
Sponsoring an internationally adopted child is a very complex process. There are two basic requirements:
- the child was under the age of 18 when the adoption took place; and
- the adoption was in the best interests of the child.
There are different processes to follow, depending on whether the adoption was completed inside Canada, or whether the adoption was completed outside Canada.
The process will also change if the adopted child's country is a Hague Convention Country. Completing an application to sponsor an adopted child can take a very long time to prepare because there are requirements such as home inspection reports for the parent and the requirement to obtain written approval from the child's home country if that country is a Hague Convention country. The entire process will likely take over a year. If your child turns 18 before the application can be made, you may not be able to complete the sponsorship of your child.
We invite you to contact us for advice on whether your child has good prospects to qualify for international adoption, and how to navigate this long and difficult process.
Humanitarian and Compassionate cases
Humanitarian and Compassionate (H&C) applications provide the flexibility to immigrate to Canada to certain people who would not otherwise qualify for any other immigration class. H&C applicants are often those who have received negative decisions on other immigration applications, such as refugee or foreign workers.
H&C cases are special. The applicant(s) must face some unusual and undeserved or disproportionate hardship. This hardship may arise from some of the following reasons:
- The best interests of any child
- Adverse country conditions (natural disasters, war, unfair treatment of minorities, political instability, lack of employment, widespread violence, etc.)
- Inability for your country to provide required medical treatment
- Inability to leave Canada due to considerable establishment in Canada
- Ties to Canada
- Reunification of relatives
- Family violence considerations
This is a very broad class for immigration. Our office has handled hundreds of H&C applications over the years. We welcome you to contact us to help determine if this is the best option for you. We can help you gather evidence and draft a compelling H&C submission.
Caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision.
There are quite a few changes to Canada's Caregiver Program that took effect on November 30, 2014. If you were a Live-In Caregiver under the previous program, we invite you to contact us to learn more about the changes and how you can best adapt.
Caregivers are no longer required to live at an employer's home, although if you choose to live outside of your employer's home, you will need to apply for a regular work permit. Your current or future employer will still need a new Labour Market Impact Assessment (LMIA) before you apply.
If you would like assistance determining whether you are eligible to participate in Canada's Caregiver Program, or assistance making this application, please contact one of our immigration lawyers below.
For assistance with any aspect of immigrating to Canada permanently, please contact one of our immigration lawyers: