Canada Employment-Based Visa FAQ

 •Are medical examinations required for the visas?
•How many types of Canadian employment-based immigration visas are available?
•Once an application is made, is it guaranteed to receive a visa?
•What about visa ineligibility or waivers?
•What documents are needed for a visa application?
•What if an occupation requires a HRSDC Approval?
•What if there are more applicants for a category than there are available visas?
•What is a “Schedule A Designation”?
•What is the Labor Market Information Pilot Program?
Q: Are medical examinations required for the visas?

•A: Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Examination costs must be borne by the applicant, in addition to the visa fees.

Q: How many types of employment-based immigration visas are available?
•A: Immigration Canada provides a yearly minimum of 90,000 employment-based immigrant visas, divided into five preference categories. They may require HRSD aproval, and the filing of a petition.
Q: Once an application is made, is it guaranteed to receive a visa?
•A: Since no advance assurances can be given that a visa will be issued, applicants are advised not to make any final travel arrangements, not to dispose of their property, and not to give up their jobs until visas have been issued to them. An immigrant visa can be valid for six months from issuance date.

Q: What about visa ineligibility or waivers?

•A: The immigration laws of Canada, in order to protect the health, welfare, and security of the Canadians prohibits the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who:

◦Have a communicable disease
◦Have a dangerous physical or mental disorder
◦Have committed serious criminal acts
◦Are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals
◦Have used illegal means to enter Canada
◦Are ineligible for citizenship.
Some former exchange visitors must live abroad for two years. Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas. If the applicant isn’t eligible, the consular officer will advise the applicant of any waivers.

 Q: What documents are needed for a visa application?

•A: All applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents, as well as evidence that they will not become public charges in Canada. The immigration and office officer will inform visa applicants of the documents needed as their applications are processed.
Q: What if an occupation requires HRSD Approval?

•A: A person whose occupation requires HRSD approval  must have prearranged employment in Canada.

Individual Employment Approval

Company Approval

The prospective employer submits both forms to the local office of the Provincial Employment Office in the area in Canada where the work will be performed. The appropriate regional office of the HRSD then notifies the employer of its approval or disapproval.

Q: What if there are more applicants for a category than there are available visas?

•A: Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant’s priority date. Immigrant visas cannot be issued until an applicant’s priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached.

Q: What is a “Schedule A or Skilled worker Designation”?

•A: Employment Canada has made a schedule of occupations for which it delegates authority to Immigration Canada to approve HRDS. Schedule A, Group I, includes physical therapists and nurses. Schedule A, Group II includes aliens of exceptional ability in the sciences and arts (except performing arts) and Information Technology( computers and engineers careers).
Q: What is the Labor Market Information Pilot Program?

•A: Immigration Canada provides and establish a Labor Market Information Pilot Program that will define up to ten occupational classifications in which there are labor shortages.A HSRD will be deemed to have been issued for purposes of an employment-based immigrant petition for aliens within the listed shortage occupations.

•A: Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers receive points in when they summit their applications.

◦Skilled workers are persons capable of performing a job requiring at least two years’ training or experience
◦Professionals with a baccalaureate degree are members of a profession with at least a university bachelor’s degree; and
◦Other workers are those persons capable of filling positions requiring less than two years’ training or experience

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