Published on March 11, 2008
Slide1: ROCHON I GENOVA LLP Law Firm Slide2: ROCHON I GENOVA LLP 121 Richmond Street West, Suite 903 Toronto, ON M5H 2K1 (416) 363-1867 (416) 363-0263 www.rochongenova.com Slide3: ABOUT US CANADIAN IMMIGRATION POLICIES TEMPORARARY STATUS Visiting Canada Studying in Canada Working in Canada PERMANENT STATUS BUSINEES CLASS IMMIGRANTS Entrepreneur Investor Self Employed SKILLED WORKERS FAMILY CLASS IMMIGRANTS PROVINCIAL NOMINEE INTERNATIONAL ADOPTION LIVING IN CANADA CONTACT US ABOUT US: ABOUT US ROCHON GENOVA LLP is a cutting-edge law firm based out of Toronto, Canada ROCHON GENOVA LLP offers services in English, French, Spanish, Hungarian, Italian, Greek, Urdu, Russian, Ukrainian, Hindi, and Punjabi as well as FREE CONSULTATION and FREE ASSESSMENT of the case. We are easily located at the corner of York t and Richmond West in Downtown Toronto, across from Toronto City Hall and near the Osgoode Subway Station. Our immigration department is dedicated to the successful settlement of qualified immigrants including skilled workers, Entrepreneurs, investors, and self employees and to assisting corporations to implement successful migration strategies for managerial, executive and technical personnel. It also represents family class immigrants, and refugees claims. We have also developed a tradition of providing first rate quality service, responsive, aggressive and creative representation for each and every one of our clients. Our firm is devoted to the highest standards of professionalism, and we take very seriously the trust that businesses and individuals place in us. We pride ourselves in our ability to give timely, personal service. Our aim is to give clients expert advice and excellent service by the most practical means available. CANADIAN IMMIGRATION LAW- CANADA: CANADIAN IMMIGRATION LAW- CANADA With a rich history of immigration, Canada is a land of many cultures and many people. Canada still needs the skills, talents and enthusiasm of newcomers to continue to grow. Today, Canada is home to immigrants from more than 240 countries and it continues to attract new residents and citizens with the promise of a beautiful natural environment, stable economic growth and an excellent place to raise a family. To sustain its population growth, offset declining birth rates, an aging population and fill specific skill shortages, Canada is looking to attract skilled migrants to its shores. This category is for people interested in obtaining permanent residence based on their ability to become economically established in Canada. In June 2002, Canada's 25-year old Immigration Act was replaced by the Immigration and Refugee Protection Act (IRPA). The recent changes highlight an emphasis on education, language proficiency, previous stays in Canada, and the transferable skills which can be applied to the Canadian workforce. In 2002, over 123,000 Skilled Workers were allowed entry into Canada. ROCHON I GENOVA LLP has assisted thousands of individuals to choose the appropriate Canadian Immigration category and most expedient means of coming to this country according to Canadian Immigration law. The following is an overview of the various Canadian Immigration categories open to applicants pursuant to Canadian Immigration law as well as to those who merely wish to come to Canada on a temporary basis. TEMPORARY STATUS: TEMPORARY STATUS AS A STUDENT A foreign national may study in Canada if he/she has obtained a study permit. It should be noted, however, that if the course or study program lasts for six (6) months or less, a study permit is not required. Each Canadian university, technical school or community college sets its own requirements. The registrars of these schools can provide information on tuition fees, health insurance, scholarships, lodging and living expenses, and language requirements AS A TEMPORAL WORKER AS A VISITOR The Immigration Work Permit will state that the foreign national can work in a specific employment capacity for a specific period of time for a specific employer. An Immigration Work Permit will NOT be issued to a foreign national to come to Canada to look for employment. Every year over 90,000 foreign workers enter Canada working temporarily to help Canadian employers address skill shortages in Canada. Citizenship and Immigration Canada (CIC) and Human Resources Development Canada (HRDC) ensure that these workers will support economic growth in Canada and create more opportunities for all Canadian job seekers. To visit Canada you: Must be healthy. You might need a doctor’s examination Must respect Canadian Laws Will need a valid passport, proof of who you are or other travel documents; Will need a Temporary Resident Visa (TRV) if you are from certain countries May need a letter of invitation PERMANENT STATUS: PERMANENT STATUS Visa Officers in Canadian Consulates, Embassies and High Commissions abroad make all decisions concerning a candidate's application. Each application is assessed in accordance with its category. Professionals (independent immigrants) are evaluated according to a "point system" considering a variety of factors; entrepreneurs, investors, self-employed and family class applicants receive "bonus" points and take priority over other applicants in the processing of their applications. Rochon I Genova LLP can help you maximize your chances of achieving a higher point assessment, using their expertise and knowledge of what Canadian visa officers are looking for in immigration applications. SKILLED WORKER: SKILLED WORKER To be eligible for permanent residence status as a skilled worker, the applicant must receive 67 points. Points are awarded for such things as age, education, experience, arranged employment and ability in the English and/or French languages. The applicant t must also have work experience in an occupation listed in certain categories in the National Occupational Classification (NOC). Bonus points are awarded if the immigrant has a parent, brother, sister, uncle or aunt who is a permanent resident or citizen of Canada, or a spouse who has a professional degree, or if the applicant currently holds a Work Permit, studied in Canada, or has worked legally in Canada for a minimum period of time set by regulation. What is the definition of a skilled worker ? Citizenship and Immigration Canada (CIC) defines skilled workers as "people who may become permanent residents because they are able to become economically established in Canada" What are the required funds to establish in Canada ? You must have enough money or liquidable assets to support your family for an estimated period of six (6) months after you arrive in Canada. These funds cannot be borrowed from another person. The amount of money or liquidable assets you require is determined by the size of your family. You must provide documented evidence that you will have access to your money or liquidable assets upon your arrival to Canada. Do I have to find a job before applying for a permanent resident visa to Canada ? You do not have to obtain a job offer before applying. Can Rochon I Genova assist me in finding a job in Canada? Although ROCHON IGENOVA does not find jobs for immigration applicants, it has strategic alliances with several career search organizations, which help qualified individuals achieve the maximum potential in the Canadian job market. They provide the tools, techniques, personal support and market research resources required to find and secure the best possible position in the shortest possible time. BUSINESS CLASS IMMIGRANTS: BUSINESS CLASS IMMIGRANTS A person who has experience running or investing in businesses, you may qualify to come to Canada as a business immigrant. There are the following three classes of business class immigration a) self-employed persons b) entrepreneurs c) investors. a). The self-employed applicant is one who: has relevant experience; and • has the intention and ability to be self–employed in Canada; and • intends to make a significant contribution in specified economic activities as defined in the regulations through either: self-employment in cultural activities or in athletics, participation at a world-class level in cultural activities or athletics, or farm management experience. b) An entrepreneur is a foreign national who has business experience • has a legally obtained net worth of at least CDN $300,000; • provides a written statement to an officer that they intend and will be able to meet the conditions in the regulations, specifically, that for a period of at least one year within three years after he or she becomes a permanent resident they intend and will be able to control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 %, provide active and ongoing management of the qualifying Canadian business; and create at least one incremental full-time job equivalent in that business for Canadian citizens or permanent residents, other than the entrepreneur and their family members. c) An investor is an foreign national who: has business experience; and has a legally obtained net worth of at least $800,000 indicates in writing to an officer that they intend to or have made an investment of CDN $400,000 in an approved venture capital fund administered by a financial institution. FREE ASSESSMENT FAMILY CLASS IMMIGRANTS: FAMILY CLASS IMMIGRANTS This category allows a Canadian citizen or permanent resident to bring close relatives to live in Canada as permanent residents, and in turn they can become Canadian citizens. Qualifying relatives include parents and dependent children less than 22 years of age, and spouses. Once a person becomes a permanent resident and has sufficient qualifying income, he or she then may sponsor an application for permanent residence made by a member of the family class. Such applications are given first priority in processing and are not subject to the point system. What is the definition of a Family Class application ? Canadian citizens and permanent residents living in Canada, 18 years of age or older, may sponsor close relatives or family members who want to become permanent residents of Canada. Can I sponsor my spouse from within Canada instead of going through the entire process from abroad ? You may sponsor your spouse or common-law partner from within Canada if you have been living together in Canada. Your spouse and common-law partner must maintain legal status in Canada during the application process. To qualify as a common-law partner, you must have lived together for at least one (1) year in a conjugal relationship and show proof of this Do I have any obligations if I undertake a sponsorship process ? When you sponsor a relative or family member to become a permanent resident of Canada, you promise to support that person and their accompanying family members for a period of three to 10 years, depending on their age and relationship to you. Can I sponsor my Same-Sex Persons partner? Same-sex partners who marry in foreign jurisdictions, or two foreign nationals who marry in Canada, may qualify as common-law or conjugal partners, as applicable. Citizenship and Immigration Canada has adopted an interim policy to recognize the validity of civil marriages that took place in either Ontario, British Columbia, Quebec, Yukon, Manitoba or Nova Scotia between a foreign national and his/her Canadian citizen or permanent resident same-sex partner. Can I sponsor relatives or family members from abroad? Relatives that may be sponsored are the following: Your spouse, your common law spouse or conjugal partner older than 16 years of age, your dependent child, A child you want to eventually adopt, your father, mother, grandmother or grandfather and your sister, brother, nephew, niece, or grandchild if they are orphans, younger than 18 years of age, single and not in a common law situation. PROVINCIAL NOMINEE: PROVINCIAL NOMINEE THE CANADIAN REFUGEE SYSTEM: THE CANADIAN REFUGEE SYSTEM Refugees and persons needing protection are people in or outside Canada who fear returning to their country of nationality or habitual residence. In keeping with its humanitarian tradition and international obligations, Canada provides protection to thousands of people every year. Canada’s refugee protection system consists of two main components: ● The Refugee and Humanitarian Resettlement Program, for people seeking protection from outside Canada. ● The In-Canada Refugee Protection Process, for persons making refugee protection claims from within Canada. Contact ROCHON I GENOVA for more information about coming to Canada as a refugee. INTERNATIONAL ADOPTION: INTERNATIONAL ADOPTION To adopt a child from another country you must go through both the adoption process and the sponsorship and immigration process. Adopting children from abroad can be a long process This is to protect children’s rights. Rochon I Genova can help you in learning about what you need to do to bring an adoptive child to Canada.