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COMING TO CANADA
A Guide to Visiting and Immigrating to Canada |
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| There are a number of ways of coming to Canada: as a visitor, student, temporary worker, as an immigrant sponsored by a family member, as an independent immigrant, entrepreneur or an investor. These rules within these categories are constantly changing. |
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| CATEGORIES OF ADMISSION TO CANADA |
 Visitor to Canada. |
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| If you are from a country which Canada has exempted from a visitor visa requirement, you need not apply for a visitor’s visa prior to coming to Canada. |
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| The maximum length of stay for a visitor (unless prior authorized) is six months. |
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| You are not allowed to study in Canada unless you have a student authorization. |
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| You can apply to extend your stay in Canada after you have arrived. |
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| In order to obtain a student authorization, you must be accepted by an approved educational institution. |
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| You are not allowed to work in Canada unless you have an employment authorization. |
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| If you are a citizen of the United States of America or Mexico then you may qualify to work in Canada under the North American Free Trade Agreement. |
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| In order to obtain an employment authorization, you require a valid job offer. |
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| Immigrating to Canada as a dependent of a family member. |
| You may be sponsored by a family member who is your spouse, parent, child, grandparent, or grandchild provided that certain rules are met. |
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| You may be assisted by a sibling, aunt or uncle. |
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| Immigrating to Canada as an Independent Immigrant. |
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| Points are calculated based on the following: age; education; occupation; work experience; language ability among other factors. |
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| Many occupations in Canada require membership in a professional association and/or registration or licensing. Applicants intending to work in one of these occupations may need to prove they hold sufficient credentials to meet professional licensing requirements. |
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| Immigrating to Canada as an Entrepreneur |
| Canada's Immigration Regulations define an entrepreneur as an immigrant: |
| who intends and has the ability to establish, purchase or make a substantial investment in a business or commercial venture in Canada |
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| whose business will make a significant contribution to the economy. |
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| whose business will create or maintain employment opportunities in Canada for one or more Canadian citizens or permanent residents, other than the entrepreneur and his/her dependants, and who intends and has the ability to provide active and on-going participation in the management of the business or commercial venture. |
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| who has a net worth, accumulated by the immigrant's own endeavours, of at least CDN$300,000. |
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| Entrepreneurs: |
| have direct and continuing control over the deployment of their investment money |
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| are admitted on a conditional basis, and must show, among other things, that they have set up and are actively involved in the management of a significant business venture within two years of their arrival, or face removal from Canada. |
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| Immigrating to Canada as a self-employed person. |
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| Is a person who intends and has the ability to establish or purchase a business that will employ him/herself and make a significant contribution to the economy or cultural or artistic life of Canada. |
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| this is a difficult category to gain admission to Canada and for the most part has been limited to farmers, sports, cultural and artistic personalities. |
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| Immigrating to Canada as an Investor |
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| Canada's Immigration Regulations define an investor as an immigrant: |
| who has successfully operated, controlled or directed a business, |
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| who has made a minimum investment of CDN$400,000 since the date of the investor's application for an immigrant visa as an investor, and who has a net worth, accumulated by the immigrant's own endeavours, of at least CDN$800,000. |
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| Investors: |
| do not have conditions automatically imposed upon their admission to Canada. |
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| having made the approved investment, then have unlimited flexibility in choosing what other business opportunities they may wish to pursue in Canada and when to pursue them; and have no control over how the moneys in the investment offering they have subscribed to are used, and cannot access these funds during the five year period in which they are locked in to the investment offering. |
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| do not receive any return (except the principal) on the investment. |
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| Immigrating to Canada as a Live-In Caregiver |
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| A live-in caregiver is a person who provides either child care or cares for an elderly or disabled person. |
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The caregiver must have:
grade 12 or equivalent recognized in Canada
six month training course
ability to speak, read and understand either English or French
a validated job offer
After two years the caregiver is eligible to apply to remain in Canada as a Permanent Resident
Arriving in Canada as a Convention Refugee
This is not really a channel of immigrating to Canada, but rather an obligation that Canada has under the United Nations Convention relating to the Status of Refugees. |
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| BASIC REQUIREMENTS |
The basic requirements for an immigrant visa are that you and your dependants must:
. meet health requirements;
. not be a risk to the security of Canada;
. have enough money to look after yourself and your dependants in Canada until you become self-supporting;
. be law abiding;
. have a valid passport or travel document;
. produce all documents requested by the visa officer to establish your admissibility; and pay the processing fee.
In addition, you must score sufficient points under the selection system.
If you are married, either you or your spouse may apply as principal applicant. Whether or not they wish to immigrate with you, you must include all your dependent children who are: |
| under 22 years of age and unmarried on the date when your application is received at the visa office; those who wish to immigrate must be still unmarried at the time when the visa is issued and when they arrive in Canada. |
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| they are enrolled as full‑time students in an educational institution on the date of their 22nd birthday (or on the date of their marriage, if married before 22) and still enrolled when the application is received and when the visa is issued; students who interrupt their full‑time studies continue to be considered dependants provided that the total absence of studies does not exceed one year;or |
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| they are unable to support themselves because of a physical or mental disability. Note: Some disabilities may result in refusal for medical reasons. |
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You and all of your dependants, whether or not they will accompany you, must pass background screening and medical examinations. All family members 18 years of age and over must complete their own individual application form.
In addition there are tax consequences of immigrating to Canada. For overview please refer to the tax consequences page. You must seek advice from a tax professional for your advice on your specific circumstances.
This is not intended to be an exhaustive discussion for every immigration case. Please make an appointment with us to discuss any concerns you have in your particular case. |
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| Information contained on this web site is to be considered general information only and is not to be construed as constituting legal advice.
Please make an appointment for advice with respect to any specific legal concern. |
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