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Do You Qualify?
Business Class Immigration
You may qualify for one of three business immigrant classes-investors, entrepreneurs and self-employed persons-with separate eligibility criteria:
- Investors must invest CAN $400,000 and demonstrate business experience and CAN $800,000 in net worth.
- Entrepreneurs must posses proven business experience and CAN $300,000 in net worth.
- Self-employed persons require:
- The intent and ability to become self-employed in Canada.
- Suitable experience enabling them to contribute to this nation´s cultural or athletic life.
- Farm management experience and the intent and ability to buy and manage a Canadian farm.
Work Permits
You´re eligible to apply for a work permit if these conditions are met:
- You´re a foreign national seeking temporary Canadian employment or self-employment.
- Your potential employer has provided the job offer´s details to Human Resources Development Canada (HRDC).
- HRDC confirms the position cannot be easily filled by a qualified Canadian employee.
- Your potential employer has sent you a detailed job offer.
Work permit applications must generally be made from abroad. However, an American citizen or U.S. permanent resident may apply directly at a port of entry.
Foreign workers-excluding members of the Skilled Worker class-usually require a Temporary Resident Visa issued by Canadian Visa offices abroad and inserted into their passports to prove they meet Canadian admission requirements as temporary residents.
However, nationals from designated counties-including Mexico, the U.S. and England-are exempted from visa requirements. Also exempted are foreigners lawfully admitted to the U.S. for permanent residence, provided they have their Green card, also known as the Alien Registration Card, or evidence of permanent American residence.
Sponsorships - Family Class Immigration
You´re entitled to sponsor close relatives or family members 18 or older wanting to become permanent residents, provided:
- You´re a Canadian citizen or permanent resident.
- You promise to support the relative or family member, as well as accompanying family members, for a three to 10-year period.
Sponsors, who may also need to meet specific income requirements, may sponsor these foreign relatives or family members:
- Spouses, common-law or conjugal partners age 16 or older.
- Parents and grandparents.
- Dependent, including adopted, children.
- Children under 18 you intend to adopt.
- Brothers, sisters, nephews, nieces or grandchildren who are orphans, less than 18, and not married or in a common-law relationship; or one relative of any age under certain conditions.
You may also sponsor a spouse or common-law partner from inside Canada, provided they have lived with you in Canada. Sponsorship of a spouse or common-law partner includes their dependent children, whether based in Canada or abroad.
You´re now entitled to apply to sponsor your same-sex partner as a spouse, provided you have been issued a marriage certificate by a Canadian province on or after a specific date.
Skilled Workers Class Immigration
Foreigners seeking admission into Canada as Skilled Workers must:
- Meet minimum work experience requirements.
- Prove they can finance their settlement in Canada.
- Earn the required number of points in six selection criteria, including educational, linguistic and job experience requirements.
Appeals to Immigration Appeal Division
You can appeal to the Immigration Appeal Division if:
- You´re subject to a removal order-which includes deportation, departure and exclusion orders-and you´re a permanent resident, Convention refugee, protected person or foreign national with a permanent resident visa.
- Your sponsorship application has been refused.
Appeals to Canada´s Federal Court
You can appeal to Canada´s Federal Court if you received a negative decision on such immigration matters as a refugee claim, sponsorship, removal order or residency obligation.
Humanitarian and Compassionate Exemptions
You qualify for a Humanitarian and Compassionate exemption, you must:
- Face unusual, excessive or undeserved hardships caused by circumstances beyond your control.
- Face exceptional circumstances.
- Be a foreign national in Canada wanting to permanently reside here.
Immigration and Detention Reviews
If arrested and detained without being released after 48 hours, you have the right to appear before an adjudicator who will determine whether your continued detention is justified.
Removal Orders
You may be subject to a removal order-which include deportation, departure and exclusion orders-if:
- Your temporary resident permit has expired.
- You have been convicted of a criminal offence.
- You violated immigration regulations.
Pre-Removal Risk Assessment
You qualify for a Pre-Removal Risk Assessment (PRRA) if:
- Your refugee claim has been refused or abandoned.
- You´re subject to a removal order.
You fear deportation to your homeland.
International Adoption
You can adopt a foreign child if you´re a Canadian citizen or permanent resident and you:
- Sponsor him or her for immigration.
- Comply with the adoption laws of the child´s country of origin.
Convention Refugee
To qualify as a Convention refugee entitled to Canadian protection, you must:
- Fear human rights crimes, serious harm or persecution if deported to your home country.
- Face these fears throughout your country.
- Attribute such fears to your race, religion, nationality, political opinion or membership in a particular social group, including your family, domestic violence victims, gays or lesbians.
- Be unable to obtain police protection in your home country.
- Be outside your country of nationality.
Person Facing a Risk to Life
To qualify for Canadian protection as a person facing a risk to their life if deported, the risk must:
- Be specific and personal.
- Not be faced by the general population.
- Present in your entire your country.
You must also be unable to obtain police protection in your home country.
Person Facing a Risk of Torture
To qualify for Canadian protection as a person at risk of torture if deported, you must be:
- Fearing torture by such authorities as the police, army or prison guards.
- Exposed to the risk of torture everywhere in your country.
- Unable to obtain police protection.
If you fear torture at the hands of a private citizen or non-state group, you may be entitled to Canadian protection on other grounds.
