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What is a Canadian Immigrant
Visa? |
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An Immigrant Visa
is a document which allows a person to live and work
anywhere in Canada, and confers upon that person
permanent resident status. It comes with certain
responsibilities and can be revoked if the holder is out
of the country for too long, or is guilty of some
criminal activity. A person who is a Canadian permanent
resident may apply for Canadian Citizenship after 3
years. |
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How is an Employment Authorization different
from an Immigrant Visa? |
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An Employment
Authorization permits an eligible visitor to reside and
work in Canada for a limited period of time, and
restrictions are usually placed on the type of
employment, which can be pursued. It will not, by
itself, lead to Canadian permanent resident status. By
contrast, a Canadian Immigrant Visa entitles its holder
to live and work anywhere in Canada, enjoy many of the
privileges of Canadian Citizenship, apply for Canadian
Citizenship after 3 years and sponsor family members for
Canadian permanent resident status. |
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Can I apply for permanent resident
status and temporary status at the same
time? |
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You can apply for
permanent resident status and temporary status at the
same time (dual intent). Doing so will not harm your
application for permanent resident status. However, your
application for temporary status may be affected because
an impression will have been created that you do not
intend to leave Canada upon the expiration of your
temporary status. Therefore it is better to apply for
temporary status before you apply for your permanent
resident status. |
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Is my legal status in the country from
which I am applying relevant? |
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Canadian policy
has been to ignore an applicant's foreign immigration
status. However, there have been some refusals on the
grounds of criminal inadmissibility where the applicant
admitted to having knowingly violated the immigration
laws of a foreign jurisdiction. In addition, you cannot
apply in a country where you reside without having a
legal status – your application will be most likely
refused or returned without processing if you cannot
prove that you have work permit in the country where you
currently reside. |
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I have heard that Canadian Immigration
Regulations have changed. How will I be
affected? |
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Immigration laws,
regulations, and policies are constantly subject to
change. The effect of these changes will vary
considerably from one applicant to another, depending on
the particular circumstances. While one candidate may
benefit from these changes, another may suffer a loss of
points, or even automatic
inadmissibility. |
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Is there a benefit to using a
representative for immigration to
Canada? |
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While Canadian
immigration authorities declare that they do not treat
represented applicants any different than unrepresented
applicants, there are several factors to consider when
you make the decision. A good representative will make
sure that your application is prepared flawlessly; that
it does not contain factual or incidental errors; that
you present yourself in the best possible way by
providing the right type of supporting documents. In
addition, a good representative makes sure that you are
not forgetting something that may come to haunt you
after you land in Canada. Last but not least, a good
representative will fight for you if you are treated
without respect or blatantly unfair. In summary, a good
representative should be able to make the process
smoother for you and take care of the vast amount of
paperwork that is a part of the process. Strategy
development and execution are very important to avoid
mistakes, omissions or blatant errors. Keep in mind that
there are only a few types of representative that can
help you: Canadian lawyers, Quebec notaries and members
of Canadian Society of Immigration Consultants. Always
make sure that your representative is allowed to
represent you. If he cannot, your application could be
refused. |
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How do I retain MENTOR to assist
me? |
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As a first step,
we ask that you complete an assessment form so that we
may determine your eligibility. You may do so as a
skilled worker applicant, a business class applicant or
a family class applicant. |
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Who qualifies for an Immigrant
Visa? |
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Immigrant Visas are
given to qualified skilled workers, businesspersons and
to close family members of Canadian citizens and
permanent residents. |
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Whom can I include in my application for
an Immigrant Visa? |
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Your spouse and
dependent children may be included in the application.
Children must be under the age of 22 years. If they are
22 and older, they must be full-time students from
before they reached 22 years. Your accompanying
dependents will be subject to medical and security
clearance requirements. Other family members, such as
your parents, cannot be included in the application but
you may be able to sponsor them as part of the family
class after you land in Canada if you meet the
sponsorship requirements.Common-law spouses and same-sex
partners are considered spouses for immigration
purposes. Applications must be prepared carefully to
satisfy the criteria. |
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Are there any special procedures for
different provinces in Canada? |
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Certain provinces
have been given the authority to select or nominate
candidates for immigration destined to their respective
provinces.
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Quebec has
exclusive authority to select candidates who intend to
reside in that province. These applicants are subject to
Quebec's selection criteria, in addition to Federal
medical and security clearance requirements. They must
also pay an additional fee for processing by Quebec
immigration authorities. Applicants who qualify under
the Federal selection requirements may not necessarily
satisfy Quebec's selection requirements, and vice
versa. |
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To a lesser
degree certain provinces have the authority to nominate
immigration candidates for selection based on their
needs. These provincial nominees must be still approved
by federal immigration authorities. Even without such
nomination you may reside in those provinces by meeting
federal selection criteria. |
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Is it harder to qualify for immigration
in provinces with distinct criteria? |
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The purpose of
distinct selection and nomination systems is to satisfy
the specific immigration requirements of the particular
regions of Canada. With that in mind, if the province is
looking for an immigrant with certain skills and you
have those skills, it might be easier for you to
immigrate to that province. Otherwise, these provisions
may be neutral or detrimental to your eligibility. Most
of the provinces require the perspective immigrant to
have a pre-approved offer of employment from a company
located in the province. |
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How do I find out if I qualify for
immigration to Canada? |
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We recommend that
you complete and submit an on-line assessment of your
eligibility for immigration, which we will evaluate at
no charge. You may do so as a skilled worker applicant,
a business applicant, or a family class
applicant. |
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Does the Canadian government charge a
fee for submitting a permanent resident
application? |
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Fees are payable to
the Canadian government as follows (CAD) • Skilled
Worker/Family Class Principal applicant 550 •
Entrepreneur, Self-Employed and Investor Principal
applicant 1,050 • Each accompanying dependent 22 and
over, Accompanying Spouse 550 • Each accompanying
dependent under 22 years old 150 • Right of Landing
Fee * 975 * The Right of Landing
Fee is payable at any time prior to issuance of landing
documents. Fees are payable to the Quebec government
as follows: (CAD) • Skilled Worker Principal
applicant 390 and family members, including each child
150 • Family Class Principal applicant 250 and each
dependant 100 • Entrepreneur and Self-Employed
Principal Applicant 950 • Investor Principal
Applicant 3,850 • Each accompanying dependent 150
Fees updated on December 12, 2005 and are subject to
change at any time. |
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When do I pay government
fees? |
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All
government-processing fees must be submitted
concurrently with the submission of the application for
permanent residence. By contrast, the Right of Landing
fee may be submitted at any time prior to the issuance
of landing documents and is refundable if, for any
reason, the applicant does not land in
Canada. |
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In what currency must I pay these
government fees? |
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Canadian visa
offices will accept the payment of fees in Canadian
dollars or in the equivalent local currency. It is
recommended to pay fees in Canadian dollars, if it is
feasible, because of currency fluctuations. Canadian
visa offices set and change exchange rates from time to
time and if you have not submitted the exact foreign
currency your application will be returned to you
causing a delay. At the very least you should consult
with an expert in these matters, or seek instructions
from the particular Canadian visa office as to the
specific amount payable, the name of the payee and the
bank upon which the payment may be
drawn. |
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What is the Right of Landing
Fee? |
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All adults
immigrating to Canada must pay this fee and can do so
any time before landing documents are issued. The Right
of Landing fee is fully refundable if for any reason the
applicant or accompanying dependents do not land in
Canada as permanent residents. |
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If I am already in Canada, do I still
have to pay the Right of Landing
Fee? |
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Yes, all adult
immigrants must pay the Right of Landing
Fee. |
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Are there any other fees or
costs? |
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The application
process may include other costs such as those related to
medical examinations and police clearances; translating
documents into French or English; and business and real
estate valuations in certain cases. |
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Where do I submit my application for a
Canadian Immigrant Visa? |
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You submit your
application for a Canadian Immigrant Visa to a Canadian
visa office. Every geographic region in the world has a
Canadian visa office to which your application forms and
supporting documents, along with all applicable fees,
can be submitted. Each visa office specializes in the
examination of documents from its region. Even if
there is no Canadian visa office located in your country
of residence, nonetheless your area is the
responsibility of a particular Canadian visa office. For
example, the Canadian visa office in London, England, is
not only responsible for applications from the United
Kingdom, but is also responsible for applications from
other countries such as Finland and Saudi Arabia.
Applicants under the Business Immigration Program
must submit their applications to one of nine designated
Visa Offices, which specialize in the evaluation of
these files. If your destination is the Province of
Quebec, you must submit an application for a Canadian
Immigrant Visa and an application for a Quebec
Certificate of Selection to a Quebec Delegation in your
region. This procedure is required because Quebec has
exclusive jurisdiction to select immigrants who intend
to reside in that Province. |
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Can I apply to a Canadian visa office,
which is not responsible for the area in which I
reside? |
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As of May 1 2003,
applicants are required to submit applications to the
visa office responsible for the jurisdiction of their
permanent residence, or the region to which they had
been legally admitted for a period of at least 1
year. |
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What documents should be submitted in
support of my application for permanent
residence? |
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Supporting
documents usually include evidence of employment,
education, assets, civil status, and an absence of
criminal convictions. Each visa office has specific
requirements regarding the submission of supporting
documentation. It is advisable to seek expert guidance
or instructions from your visa office regarding the
submission of supporting
documentation. |
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When must I submit the supporting
documentation? |
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Each visa office
has specific timing requirements, but usually,
supporting documents are submitted at the same time as
your completed application forms and processing fees.
Some Visa Offices insist that the entire file be
submitted at once, and may even return incomplete files
without acknowledging receipt. |
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In what language must my supporting
documentation be submitted? |
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All supporting
documentation in a language other than English or French
must be accompanied by an English or French translation,
as translated by a certified
translator. |
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Can I transfer my application to a
different visa office after it has been
submitted? |
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Immigration
officials are required to transfer applications only in
those cases in which doing so would enhance Program
integrity. Visa offices can refuse to transfer a case
otherwise. |
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How long does the immigration process
take? |
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The average
processing time of all worldwide visa offices is
approximately 24 months for applications where a
selection interview is required. Depending on the
circumstances of the case, and the office at which the
application is submitted, processing time may be as
short as 6 months or as long as 52 months.
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What is a lock-in
date? |
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A lock-in date is
the date on which a visa office receives a completed
application form, with full payment of the processing
fees. The Canadian Courts have deemed the lock-in date
to be the date on which factors such as age must be
assessed. Thus, no points will be lost if the
applicant's age changes during the processing of the
application. |
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Will I be interviewed by an immigration
officer? |
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Skilled Worker
applicants for permanent resident status may be required
to attend a selection interview with an immigration
officer. Such interviews are held to ensure the
information in the application is accurate, to verify
documentation, to test language ability, and to help
applicants relocate to Canada. Visa offices may grant
certain Skilled Worker and Family Class candidates an
interview waiver, depending on the qualifications of the
applicant, the quality of the supporting documentation,
and the overall credibility of the applicant. The
likelihood of an interview waiver varies from one visa
office to another. Almost all applicants under the
Business Immigration Program will be required to attend
a selection interview. |
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What is a security
interview? |
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In a small
percentage of applications, an interview is held to
evaluate security issues such as espionage, subversion
or terrorism. These interviews are usually held after a
selection interview, and may also be held in cases where
a selection interview is waived. |
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When is the selection interview
held? |
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Depending on how
many applications are before yours at the visa office
and which visa office has your file, it might take as
little as four months to get an interview, or it might
take as long as 30 months. Usually, though, the
selection interview takes place about two-thirds into
the application process. |
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Is there anything I can do to obtain an
interview waiver? |
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Applications,
which are complete in every detail, increase the chances
of an interview waiver. However, interview waivers are
granted at the discretion of the immigration officials.
It is not possible to apply specifically for a waiver.
Even if an interview is waived, you may still be called
to an interview, generally for quality assurance
purposes. |
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Will I have to take a medical
exam? |
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All prospective
immigrants to Canada are required to undergo medical
examinations. These examinations are intended to detect
any conditions which may affect the health of the
Canadian public, or which may result in excessive
demands being placed upon the Canadian health care
system. The medical examination includes a standard
physical examination, blood tests, urine tests, and
X-Rays. |
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Will my application be rejected if I
have a certain disease or disorder? |
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Each medical case
is analyzed individually, taking into account your full
medical history. If the disease or disorder poses health
risks to Canadians or places excessive demands on the
Canadian health care system, it may result in medical
inadmissibility. |
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If I am pregnant, will I still have to
undergo the medical examination? |
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For the safety of
the fetus, X-rays are not taken of pregnant applicants
until after delivery of the baby. After the birth, the
mother and infant will undergo medical
examinations. |
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Can my dependents undergo the medical
examination in another country? |
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Designated
medical practitioners give the examination around the
world. Regardless of the visa office to which the
application was submitted, the services of any such
practitioner may be used. |
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Will my non-accompanying dependents be
required to complete medical
examinations? |
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Non-accompanying
dependents are required to undergo medical examinations,
as are accompanying dependents. If a non-accompanying
dependent is unwilling to undergo a medical examination,
it may be possible to have the individual exempted.
However, such non-accompanying dependents will not be
eligible for subsequent sponsorship as members of the
Family Class. |
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Recently I completed medical
examinations for my Canadian visitor visa/student
authorization/employment authorization. Must I complete
additional medical exams for my permanent resident
application? |
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If medical
examinations were taken less than one year before you
applied for permanent residence and you were positively
assessed as M1 or M2, additional medical examinations
may not be required. |
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What is a police
clearance? |
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All adult
applicants for immigration to Canada must submit a
police clearance, a document that certifies that you
have no criminal record. A clearance must come from each
country you have lived in for 6 months or more since the
age of 18 years. If police in a particular country
refuse to issue a clearance, it would be helpful if they
provided a written statement confirming that they
refused to issue the
clearance. |
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When must I submit the police
clearance? |
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Some Visa Offices
may require that these documents be submitted at the
same time as the application forms, applicable fees, and
supporting documents. Other Visa Offices may allow these
documents to be submitted later on in the process. For
accurate information, you should seek expert advice or
get instructions from the Visa Office where you will
submit your application. |
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Can I omit a police clearance from one
or more countries? |
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If a police
clearance is not forthcoming from a particular country,
a written statement from the police officials of the
country confirming their refusal to issue the clearance
may be required. An immigration official may even waive
this requirement altogether if a clear obstacle can be
demonstrated.Applicants should assume that clearances
must be obtained. |
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What is a background
clearance? |
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A background
clearance detects applicants who "are, or have been,
involved in espionage, subversion, or terrorism." It is
separate from and in addition to a police clearance. The
Canadian government without the participation of the
applicant conducts the background
clearance. |
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What is the Business Immigration
Program? |
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The Business
Immigration Program is a category of immigration under
which individuals with business/managerial experience
and relatively high net-worth may apply for Canadian
permanent resident status. There are three
sub-categories under the Business Immigration Program:
Investors, Entrepreneurs and Self-Employed
Immigrants. |
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What documents must Business Immigration
Program applicants submit? |
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In addition to
government application forms, education-related and
statutory documents (passports, birth certificates,
etc...), Business Immigration Program must submit
documents evidencing business and/or managerial
experience, as well as documents evidencing net
worth. |
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As a Business Immigration Program
Applicant, am I required to live in the province, which I
originally indicated as my intended
destination? |
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When you become a
permanent resident, you may live, work and engage in
business activities in any Canadian province or
territory. |
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How can I qualify as an Immigrant
Investor? |
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As an Immigrant
Investor planning to reside anywhere in Canada, except
Quebec, you must:
• Have a net worth of at least CAD$800,000 gained
through your own endeavors; • Invest CAD$400,000 for
five years with Citizenship and Immigration Canada which
acts as agent on behalf of provincial and territorial
investment funds; and • Have successfully operated,
controlled or directed a qualifying business or managed
a minimum of 5 employees for a period of 2 years in the
past 5 years. As an applicant destined for Quebec,
you must:
• Have a net worth of at least CAD$800,000,
accumulated through legitimate economic activities;
• Invest CAD$400,000 for five years in a
Quebec-approved investment fund; and • Have at least
three years of managerial experience in a profitable
commercial, industrial or agricultural business; or, at
least three years of managerial experience in a
government, governmental organization, or international
organization. |
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How can I, as an Immigrant Investor,
prove that I earned my minimum net worth 'by legitimate
endeavors'? |
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Immigrant
Investor applicants must demonstrate the origin and
accumulation of their wealth through reliable, third
party documentary evidence: tax returns, pay stubs,
deeds of purchase/sale, statements from stockbrokers,
business/real estate valuations, etc. An applicant must
be able to demonstrate that assets were gained through
means, which are considered legal, including gifts or
inheritances. |
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As an Immigrant Investor, will I be
obliged to work and/or engage in business activities in
Canada? |
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While an
Immigrant Investor is entitled to engage in work and
business activities upon arrival in Canada, there is
absolutely no obligation to do so. |
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When do I, as an Immigrant Investor,
commit my investment amount? |
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You must commit
your CAD$400,000 investment amount before final approval
from Federal or Quebec Immigration officials, as the
case maybe. |
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What happens to my investment amount if
my Immigrant Investor application is
refused? |
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If your intended
destination in Canada is outside Quebec, your investment
will be promptly refunded.
If you intend to reside in Quebec and you have
deposited your investment in a government approved
immigrant investment program you must make sure that
your investment is not locked-in until you land in
Canada. Your investment cannot be refunded for five
years once it has been locked in. |
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What are the main differences between
the Federal and Quebec Immigrant Investor
programs? |
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Applicants who
apply under the new Federal Immigrant Investor Program
(effective April 1, 1999) no longer have the option of
choosing the investment fund into which their investment
is deposited. Instead, Citizenship and Immigration
Canada receives all investments on behalf of provincial
and territorial investment funds. After the five-year
lock-in period, the provincial and territorial funds
repay Citizenship and Immigration Canada, for subsequent
repayment to investors. The Quebec Immigrant Investor
Program has several approved funds, and each offers
different forms of security and rates of return. With
some of the more popular investment funds, the bonds of
blue chip multi-national corporations secure capital and
interest. Applicants with business managerial
experience can qualify under either the Federal or
Quebec Immigrant Investor Program. However, the Quebec
Immigrant Investor Program also takes into consideration
managerial experience in a government, governmental
organization or international organization. Thus, the
Quebec Immigrant Investor Program may appeal to
immigrants with a broader spectrum of
backgrounds. |
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How can I qualify as an Immigrant
Entrepreneur? |
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To qualify as an
Immigrant Entrepreneur, you must:
• Have successfully managed a
commercial enterprise (or a part of a commercial
enterprise); • Have sufficient assets to establish
or acquire a business in Canada; • Establish, invest
in or acquire a business in Canada within three years of
arrival; and • Actively participate in the
management of the business (the business must employ at
least one Canadian citizen or permanent resident, other
than yourself and your dependents).
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Are there any minimum net worth
requirements for Immigrant
Entrepreneurs? |
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The minimum requirement is
CAD$300,000 (approximately US$260,000), plus sufficient
settlement funds. |
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What are the terms and conditions of the
Entrepreneur Visa? |
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An Immigrant Entrepreneur must,
within three years of landing in Canada, establish,
purchase, or make a substantial investment in a business
in Canada so as to make a significant contribution to
the economy. Active and on-going participation in the
management of the business is required, and employment
opportunities must be created or continued for one or
more Canadian citizens or permanent residents, other
than the Immigrant Entrepreneur and the Immigrant
Entrepreneur's dependents. Efforts to comply with these
terms and conditions must be demonstrated to immigration
official throughout the three-year period. Entrepreneurs
will be required to report their progress to immigration
officials on a regular basis during this three-year
period. |
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Must I, as an Immigrant Entrepreneur
applicant, make an exploratory visit to Canada during the
immigration process? |
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As an Immigrant Entrepreneur you
are encouraged to make an exploratory visit to Canada to
properly assess the business environment of the area in
which you intend to locate. |
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Must I, as an Immigrant Entrepreneur
applicant, submit a detailed business
plan? |
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A detailed business plan is not
required. In most cases, a shorter informal business
proposal will suffice an outline of the type of business
and the general plans for its
operation. |
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As an Immigrant Entrepreneur, will I be
permitted to change my business
plan? |
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After landing in Canada, you may
find that the local economic climate does not lend
itself to the type of business plan originally proposed.
In such cases, you are well advised to modify your
business plan. However, a meeting with immigration
official should be held to ensure that the new business
is acceptable. |
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What happens if I fail to meet the terms
and conditions of my Immigrant Entrepreneur
visa? |
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Immigrant Entrepreneurs who fail
to satisfy the terms and conditions of their visa may be
ordered to leave Canada. |
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How can I qualify as a Self-Employed
Immigrant? |
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To qualify as a Self-Employed
Immigrant, you must demonstrate an intention and ability
to establish or purchase a business in Canada that will
keep you employed and makes a significant contribution
to the the cultural or artistic life of Canada. The
business must generate sufficient revenues to support
you and your dependents. Farmers, artisans, sports
personalities, and actors, are examples of the
applicants who may qualify. Assessment in this
category is based on:
• Business ability and experience
(when applying under the economic contribution component
of the Self-Employed Immigrant description); •
Farming, athletic (at a world level) or artistic
qualifications; and • Net worth (sufficient to
establish/purchase the proposed
business). |
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Must I, as a Self-Employed Immigrant,
make an exploratory visit to Canada during the immigration
process? |
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As a Self-Employed Immigrant you
are encouraged to make an exploratory visit to Canada to
properly assess the business/cultural/artistic
environment of the area in which you intend to
locate. |
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Are there any minimum net worth
requirements for Self-Employed
Immigrants? |
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The net worth requirement for
Self-Employed Immigrants varies depending on the nature
and location of the proposed
venture. |
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Who qualifies for immigration under the
Family Class? |
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Applicants under the Family Class
are sponsored for a Canadian Immigrant Visa by a close
relative who is either a Canadian citizen or a Canadian
permanent resident. The Canadian relative is known as
the sponsor. To qualify under the Family Class, an
applicant must be related to the Canadian sponsor in one
of the following ways : The
applicant must be the sponsor's spouse; common-law or
conjugal partner; parent; orphaned brother, sister,
nephew, niece, or grandchild --under 18 and unmarried; a
child under 18 who is either orphaned or placed with a
child welfare authority for adoption and who the sponsor
intends to adopt; the sponsor's dependent child; or, if
the sponsor has no relative as listed above and no
relatives who are Canadian citizens or Canadian
permanent residents, one other relative.
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Who qualifies as a "Dependent
Child"? |
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For Canadian Immigration
purposes, a "dependent child" means a child who is
: Under 22 and unmarried on the date
the application for sponsorship is submitted (and still
unmarried on the date the child lands in Canada); or Of
any age or marital status and financially dependent on
his or her parents as a result of being either:
continuously enrolled and in attendance as a full-time
student in an educational institution since before the
age of 22 (or since the date of marriage, if married
before 22); or unable to support him or herself due to a
physical or mental disability. Students
who interrupt their full-time studies for less than one
year in total and remain financially dependent upon
their parents during that time will still be considered
"dependent children". |
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What if the dependents will not
accompany the Family Class applicant to
Canada? |
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All of the principal Family Class
applicant's dependents are required to pass applicable
police and security clearances, and medical
examinations, whether they are accompanying the
principal Family Class applicant or
not. |
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What financial criteria must be
satisfied to qualify as a sponsor? |
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The sponsor must be able to
demonstrate the financial ability to provide for the
essential needs of the Family Class applicant and
dependents (sponsored family members). The financial
ability requirements may not apply where the sponsored
individual is a spouse and/or one or more dependent
children. |
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What does "Essential Needs"
mean? |
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The sponsor and co-signing spouse
(if applicable) have to provide the sponsored family
members with food, clothing, shelter and other basic
requirements of everyday living. This includes dental
and eye care and other health needs not covered by
public health services available to Canadian citizens
and permanent residents. The obligation to provide for
the essential needs of the sponsored relatives will only
arise if the sponsored relatives are unable to provide
for these means on their own. |
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What if the sponsor does not have the
requisite financial ability? |
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The spouse of the sponsor may act
as a co-signor if the sponsor does not have the required
financial ability. In such case, the spouses' combined
financial abilities will be assessed, and the co-signing
spouse will be equally liable in case of default. The
co-signing spouse may be a common-law spouse, provided
that the common-law couple has been living together for
at least one year. If the combined financial abilities
of the sponsor and the co-signing spouse still do not
meet the minimum requirements, then the application for
sponsorship will be refused. The foregoing financial
requirements may not apply where the individual being
sponsored is a spouse and/or one or more dependent
children. |
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What other criteria must the sponsor
satisfy? |
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The sponsor must be a Canadian
citizen or permanent resident; at least 18 years old;
physically reside in Canada (or demonstrate an intention
to reside in Canada by the time the sponsored family
member lands in Canada); not be in prison; not be
bankrupt; and not be under a removal order if a
permanent resident. |
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