1. On what basis does Canada select people for immigration to Canada?

The Canadian government has developed selection criteria for the types of immigrants it wants to attract. In a general sense, skilled workers are selected on the basis that they will contribute their training and work experience to the Canadian labour market. Business immigrants are selected because of their ability to contribute their business expertise and capital to the Canadian economy.

2. What is the specific criteria for "skilled workers"?

The skilled worker assessment incorporates a complex point system that evaluates the following factors: education; age; experience; existence of arranged employment; language ability (French & English); and Adaptability, which considers the education of the spouse of the applicant, existence of relatives in Canada, previous work or study experience in Canada or the existence of current or arrange employment in Canada.

3. What are the different categories for "business" applicants?

There are three business categories: Investor; Entrepreneur and Self-Employed. An Investor is required to make an irrevocable investment in the amount of C$400,000 for 5 years in an eligible investment. (It is possible to finance a significant portion of the investment.) An Entrepreneur immigrant is granted a conditional visa and has two years after coming to Canada in which to create or invest in a qualifying business. The Self-Employed category suits especially people who can make an artistic or cultural contribution to Canadian society. (See Categories section of this web site for a more detail explanation of the selection criteria.)

4. Can I apply for immigration inside Canada?

The general answer is no. Applications for immigration must be made outside of Canada at a Canadian Embassy, High Commission or Consulate. There are certain exceptions to this rule. Spouses of Canadian citizens and permanent residents may, in some circumstances, make an application for immigration inside Canada. In cases where there are exceptional humanitarian and compassionate considerations, an application for immigration may be accepted from within Canada. Persons legally working in Canada may be able to apply through the Canadian Consulate in Buffalo, and in certain circumstances may have their interview waived.

5. Can my application be processed more quickly at a Canadian Embassy in a third country?

Applicants no longer have the option of shopping for a faster processing visa office in a third country.  Applicants must apply through a Canadian visa office responsible for their country of citizenship or the country of their current residence, provided they have been lawfully admitted to that country for a period of at least 12 months.

 6. Is there any minimum amount of money I must have to apply for immigration?

Entrepreneur applicants must show a personal net worth of at least C$300,000. Investor category applicants must show a personal net worth of at least C$800,000. Skilled workers are only asked to demonstrate they will have adequate funds to support themselves and their dependents for the first six months in Canada. The following guidelines apply:

7. Am I required to live in any particular province in Canada?

Once you arrive in Canada with your immigration visa, you are free to live anywhere you desire. However, if it is your intention to reside in Quebec, you will be subject to the selection process administered by officials from that province. If you have been selected as a Provincial Nominee, it is on the understanding you intend to reside permanently in the province that has nominated you.

8. Are there any barriers to immigration?

Every applicant, and their accompanying dependents, must pass a medical examination and a criminal background check. (Anyone that might have an issue in either area should contact us or another qualified law firm before submitting their application.)

9. Am I required to return to Canada every six months to preserve my permanent resident status?

This is perhaps the mostly widely misunderstood area of Canadian immigration law.  There used to be a regulation that applies to Canadian permanent residents that states their status may be lost if that person remains outside of Canada for more than 183 days (in one year) with the intention of abandoning Canada.  That has now changed.

Under the current law, you are required to prove that you have been in Canada (with limited exceptions) for at least 730 days in the previous five-year period.

10. Am I automatically considered a "tax resident" of Canada once I become a permanent resident?

No. In Canada, a person is taxed on the basis of their residency, not their citizenship. In most cases, a person will become a resident of Canada for tax purposes when they come to Canada to live as a Canadian permanent resident. However, it is possible to be a resident for immigration purposes and a non-resident for tax purposes. However, sophisticated planning is required to achieve the desired legal effect. We also assist some of our clients in setting up an "offshore immigrant trust". This vehicle may be used to legally avoid tax on income producing assets for up to five years after coming to Canada.