Immigration Law

Canadian residents enjoy amazing benefits that attract immigrants from around the world to the country. Some of these benefits include Canada’s healthcare system, childcare system, low crime rate, clean natural resources, family sponsorships and much more. Federal Skilled Workers, Federal Skill Trade and Canadian Experience Class have access to an Express Entry immigration process. Provincial Nominee Program (“PNP”) pathways are more varied in their immigration processes because application criteria and documentation are Province or Territory specific. Despite these differing provincial standards, the PNP pathways are tailored to expedite the track to permanent residence in Canada.

Contact our law office to discover more of the advantages of Canadian immigration and to learn how to obtain the right permanent visa for your specific immigration purposes. Our legal team is eager to assist you with obtaining, organizing and preparing the necessary documents for your permanent residence.

The Federal Skilled Workers (“FSW”) program is one of three programs managed by the Express Entry system. The FSW program is designed for foreign nationals who possess skill-sets and experience in specific occupations and who are capable of becoming economically established once they immigrate to Canada.

In order to qualify under FSW program, applicants must have worked in one of three National Occupation Classification (NOC) job groups: (1) Managerial (skill type 0); (2) Professional jobs (skill type A); and, (3) Technical jobs and Skilled Trades (skill type B), which is the authoritative resource on occupational information. FSW applicants are evaluated on a six selection factor grid, which includes:

1. language proficiency (scores based on the Canadian Language Benchmark)
2. education (secondary school, post-secondary school, bachelor’s, master’s or PhD, or foreign equivalent)
3. work experience (at least one year of full time work, in the same occupation, within the last 10 years)
4. arranged employment (those with a legitimate job offer; those without a job offer must register with Canada’s job bank).
5. age (18-46)
6. adaptability (how well you will integrate into Canadian society)

If you receive a minimum score of 67 on the points grid system (evaluated based on 100 points), you will be placed in the Express Entry pool where you will be further assessed and ranked based on the Comprehensive Ranking System (“CRS”). The CRS ranks candidates based on Core Human Capital Factors, Skills Transferability Factors; and, additional factors, such as provincial nomination certificate, Canadian study experience, job offer, sibling and language proficiency in English and/or French. Highest ranked candidates will receive an Invitation to Apply for permanent residency from the IRCC.

The FSW program is an expedited and efficient system; permanent residency may be granted in approximately six months. Please note, proof of funds that you have enough money to settle once you settle in Canada are required as part of the minimum requirements.

The FST program is another Express Entry category designed for Skilled Trade Workers, that leads to permanent residence. Unlike the FSW program, this is not a points-based system; instead, the program focuses on applicants with a valid job offer and certifications to work in certain occupations. Factors include:

1. language proficiency (Canadian Language Benchmark),
2. two years of full-time work experience in a skilled trade (or part-time equivalent),
3. meet the job requirements for the skilled trade according to the NOC (minus the certificate of qualification),
4. valid offer of full-time employment in Canada for one year in a skilled trade (or hold a certificate of qualification to perform a skilled trade).

Currently, there are 9 skilled trade job categories, which are further divided into subcategories. These categories include Industrial, Electrical and Construction, Maintenance and Equipment operations, Agriculture Natural Resources and Production Processing, Manufacturing and Utilities Supervisor, Cooks and Chefs, and Bakers and Butchers.

Please note, proof of funds that you have enough money once you settle in Canada are required as part of the minimum requirements.

As noted above, Canada’s Provinces and Territories adhere to their own selection process to obtain a Provincial Nomination Certificate. The PNP assesses your skills, education and work experience based on their economic and labor needs and approves each provincial nomination certificate accordingly.

Each PNP has different pathways under which foreign nationals can apply. There are PNP’s based on Express Entry and others are non-Express Entry, assessed through the regular application process. The Enhanced PNP is aligned with the Express Entry program. With a Provincial Nomination Certificate, a candidate earns an additional 600 points that can be added to their points in the CRS. Once a Provincial Nomination Certificate is approved, the candidate can then apply for permanent residency through the IRCC. Only the Canadian government Federal Government can approve an application for permanent residence.

Each Province and Territory has its own PNP, with varying pathways; however, many seek to attract candidates with a connection to the Province or Territory and those who seek to work in one of the Province’s in-demand occupation. Selection is largely based on meeting the minimum requirements. Below is a list of all Provinces and Territories with a PNP that you may choose, based on your individual qualifications and desire to settle:

• ***Atlantic Immigration Pilot Program
• Alberta
• British Columbia
• Manitoba
• New Brunswick
• Newfoundland
• Northwest Territories
• Nova Scotia
• Ontario
• Prince Edward Island
• Quebec
• Saskatchewan
• Yukon

***The Atlantic Immigration Pilot Program is a permanent residence program based on a partnership between the Government of Canada and the 4 Atlantic Provinces (New Brunswick, Newfoundland, Nova Scotia and Prince Edward Island).

As each Province and Territory has its own application process and application timing window. The rules for each PNP are complex and time consuming. To avoid delays and refusals, it is important to seek proper legal advice.

We are here to properly assess your individual background and assist you with all your immigration needs. 

Similar to FSW and FST, the CEC program also falls under the Express Entry category. This program is designed for foreign workers who have Canadian work experience and desire to become permanent residents. This category is often used by international graduates as they are already working in Canada on post-graduate work permits.

To qualify under this program, individuals must meet the following eligibility requirements:

1. Language Proficiency (dependent on job level);
2. One Year of full-time skilled work experience (managerial, professional or technical) in Canada (or part-time equivalent) within the last three years.

There is no educational requirement under this program, but you can improve your score in the Express Entry pool if you were educated in Canada or received a Canadian equivalent education in a foreign country.

 Federal Self employed Person 

The purpose of the Federal Self-Employed Persons visa is to attract individuals who genuinely want to immigrate to Canada to become self-employed and who actually have the ability to become self-employed. Program candidates are required to possess the following attributes to qualify:

1. Minimum of two one-year periods of experience in the period from five years before the application date to the day a decision is made on the application.
2. Experience must be either (i) self employment in cultural activities or athletics or (ii) participated in cultural or athletics on a world class level.

If a candidate is selected, they will be evaluated based on the following 5 selection criteria, requiring a minimum score of 35:

1. education,
2. experience,
3. age,
4. language proficiency, and
5. adaptability

Typically, the processing time for this particular program is 25 months. We pride ourselves on skillfully helping individuals navigate this process and solidify their business goals through this pathway. We would be happy to help you as well.

Federals Start up Visa Program

Under the Federal Start-up Visa program, individuals can do business in Canada if they meet certain program requirements. There are 4 basic eligibility requirements, and they include the following:

1. Own a qualifying business that is formally incorporated with the candidate holding at least 10% voting rights and no one person holding 50% or more of the total voting rights within the company;
2.  A Commitment Certificate or letter of support from a designated entity (only certain entities qualify as “designated entities”);
3. Sufficient unencumbered, settlement funds that are available and transferable; and
4. Language proficiency.

Processing time for this particular program is 12 – 18 months. We welcome the opportunity to help you strategically develop an acceptable immigration package for this Express Entry program.

Sponsorships are available for relatives, including your spouse, partner, dependent children, parents, grand-parents, orphaned relatives and “last living relative”. Relatives can live, study and work in Canada once they become permanent residents. You can sponsor certain relatives to come to Canada if you are a Canadian citizen or permanent resident who is at least age 18.

The Canadian government provides different guidelines and application requirements for different relatives’ pathway to immigration. It is important to understand which circumstances will allow your relative to be eligible for sponsorship. The Canadian government categorizes your sponsorship responsibilities under these family member categories:

1. Spouses, Common Law Partners, Conjugal Partners or Dependent Children;
2. Close Relatives (orphaned or related by blood or adoption);
3. Parents and Grandparents; and
4. Humanitarian and Compassionate Grounds