Posts Tagged ‘ canada Immigration and Naturalization ’

Do I qualify for a Canadian Visa?

If you want to work in Canada, you will almost surely require a visa of some sort. There are several different avenues for entry to Canada for migrants looking to work in the country. One of the easiest ways to determine your basic eligibility to work in Canada is to complete an online questionnaire offered by Citizenship and Immigration Canada. You will spend approximately five to seven minutes completing the eligibility assessment online but taking the assesment doesn’t mean all.

For migrants who are likely to qualify as skilled workers, there is a further online evaluation, called the self-assessment test that will help to determine if applicants meet the requirements of a skilled worker immigrant to Canada.

Skilled worker
This category requires admission to be judged on education and work experience in a given skill area. Applicants are assessed on a points system, of which the minimum passing mark is 67. It is advantageous to be able to claim extensive studies in the skill area as well as steady employment in that field. Extensive knowledge of English and/or French rates one higher, as does age and other criteria.

In education, for example, a high school diploma will earn five points, while a Master’s degree or PhD will earn 25, with a relative point spread between for interim educational levels. Applicants aged 21 – 49 receive 10 points, those aged 20 or 50 receive eight points, while those older than 53 years of age and under 17 years of age receive 0 points.

Family class
Reuniting families is a priority for Citizenship and Immigration Canada. Those family members who already live in Canada as a citizen or permanent resident can sponsor a relative for immigration. The sponsoring family member takes on the financial responsibility of the relative and enters into a legal agreement regarding this. The sponsored family member must be approved, and should expect medical criteria to be met. They should be able to supply an official certificate indicating there is no criminal background in their country of origin. Family members who qualify under this category will be spouses, common-law and conjugal partners, dependent children, parents, grandparents, dependent children, adopted children, brothers, sisters, nieces, nephews, orphaned grandchildren, or if none of the above is available, any other relative.

Business Visa
This type of visa is issued to applicants who want to invest in or start a business in Canada. Investors must show that they have an acceptable net worth and sufficient business experience. Entrepreneurs are those applicants who will own and run their Canadian business. Again, net worth and experience are closely examined.

Self-employed persons must intend to generate their own employment. This can include anything from the arts to purchasing and running a farm.

Working temporarily
Young people often visit Canada and work in temporary jobs to help defray costs of their visit. Positions in this category are limited by a quota system. Most approved applicants work through a recognised agency, but it’s possible to be sponsored by an employer who has already offered a job. Many applicants come to work the ski resorts or find work with temp agencies in the larger cities.

Working temporarily in Canada generally requires a work permit. A work permit is not an immigration document and does not give the holder permanent status in Canada. You will need a job offer from a Canadian employer to apply for a work permit.

Certain job categories are not likely to require work permits, including business visitors, foreign representatives, family members of foreign representatives, military personnel, foreign government officers, students working in campus, performing artists, athletes and coaches, news reporters, public speakers, convention organisers, clergy, judges and referees, examiners and evaluators, expert witnesses or investigators, health-care students, civil aviation inspectors, accident or incident investigators, crew members, and emergency service providers.

Educational and Employment-Based Visa Programs

The following provides general information about immigrant and non-immigrant admissions programs commonly used by foreign-born professionals; describes statutory safeguards for educational and employment opportunities in the United States; highlight srecent statistics on permanent and temporary admissions; and explains current Canadian perspectives and policy recommendations on immigration issues.

Immigrant (Permanent) Admissions Programs

Immigrant admissions programs govern the entry of foreign nationals who wish to establish permanent resident status in the United States. Permanent visas are available in limited numbers and are subject to admissions requirements established by Congress.

Foreign nationals seeking legal permanent residence status can do so in one of three ways: 1) through the sponsorship of an immediate family member or a close relative who is already a citizen or legal permanent resident; 2) through the sponsorship of an employer or prospective employer; or 3) as refugees or other special immigrants.

Family sponsored programs exist for: 1) Immediate relatives (spouses, parents and minor children); 2) Unmarried sons and daughters of U.S. citizens; 3) Spouses and minor children of lawful permanent residents; 4) Married sons and daughters of U.S. citizens; and 5) Brothers and sisters of U.S. citizens.

Employment-based programs exist for: 1) Priority workers, including persons with extraordinary abilities, outstanding professors and researchers and certain multi-national executives and managers; 2) Professionals with advanced degrees and persons with exceptional abilities; 3) Baccalaureate degree professionals, skilled and unskilled workers; 4) Special immigrants; and 5) Employment-creating investors.

Advanced degree professionals, baccalaureate degree professionals and most skilled and unskilled workers are subject to foreign labor certification requirements. These requirements are intended to ensure that qualified Americans are not readily available and that immigrant admissions will not adversely affect employment opportunities, wages and working conditions for similarly employed U.S. workers.

While demand for temporary visas has increased dramatically in recent years, the numbers of foreign nationals awarded legal permanent residence on employment-based preferences – 97,015 in FY 2000 – remains considerably less than the statutory limit of 140,000 admissions per year. Some employers attribute the decline in applications for permanent admission to burdensome eligibility requirements and the time required to process applications. Delays of up to three years are common in some jurisdictions.

Congress has also established other immigrant admissions programs to facilitate the permanent entry of special categories of foreign nationals. These include refugees, asylum-seekers, diversity immigrants and certain individuals who may have entered illegally but have been residing in the United States for an extended period.

Non-Immigrant (Temporary) Admissions Programs

In addition to permanent admissions programs, there are currently more than 26 temporary admissions programs. Each one is identifiable by a letter corresponding with a specific section of the Immigration and Nationality Act and has its own eligibility and conditions of stay requirements. The primary purpose of these temporary programs is to facilitate cultural, educational and social exchanges and promote trade, commerce and economic development.

Foreign engineers, scientists and other technical professionals who come to study or work temporarily Canada are generally admitted on one of the following non-immigrant visas: Temporary visitor for business ; Treaty trader or investor; Academic student ; Temporary worker ; Exchange visitor ; Intra-company transferee ; Extra-ordinary ability , Religious visa; or NAFTA professional (TN) visa programs.

One of the most controversial temporary, employment-based admissions programs for technical professionals is the (Specialty Occupations) visa program.

Business Admissions Requirements

Skilled professional or investor specialty occupation is one that requires a) the theoretical and practical application of highly specialized knowledge and skills and b) at least a baccalaureate degree in the specialty as a minimum requirement for employment in Canada.

To be eligible for business visa, a foreign national must possess a state license to practice their profession or occupation; an appropriate university degree or equivalent experience in the same or a similar profession or occupation; and a job offer from a Canadian employer.

Employers who wish to hire foreign nationals on type of visas must file labor condition applications with the Canadian Department of Labor. Petitioning employers must attest: that they will pay their foreign employees the higher of the actual or the prevailing wage in the intended area of employment; that working conditions for U.S. workers will not be adversely affected; that there are no strikes or lockouts at locations where this type of workers will be employed; and that a notice of intent to hire foreign workers is posted at their intended place(s) of employment.

This type of visa dependent employers (where15% or more of all employees are foreign nationals) must also attest that they have tried and been unable to recruit Canadian workers and that they have not displaced and will not displace Canadian workers in order to hire foreign workers.

These requirements are intended to reduce the likelihood that the admission of foreign professionals on skilled or business visas will adversely affect employment opportunities, wages and working conditions for similarly qualified Canadian workers.

Business, skilled or investors visas are granted for three years and can be renewed for an additional three years or changed of status.

Private businesses must also pay a $1,000 fee for every foreign worker initially admitted. Fees are used by the Labor Department for jobs training programs, by the National Science Foundation for educational grants and scholarships and by the Immigration and Naturalization Service for program administration and enforcement.

Educational institutions and related research organizations are currently exempt from the $1,000 of that visa application fee requirements.