Legal Service

Canada’s immigration process is a topic that many people looking to immigrate are concerned about. The guidelines that need to be followed are strict and overseen by the government, which gives many residents of other countries reason to doubt their eligibility when deciding whether to immigrate or not. There are so many forms that must be correctly filled out, as well as documentation that must be provided, that many immigrants are overwhelmed by the process before they even start. While the red tape involved in immigration is tedious and often tremendous, people who choose to leave their home country for a life elsewhere have no other options when attempting to pursue their dreams.

The authorities who preside over Canada immigration decline more and more applications every day, sometimes simply based on technicalities. It is these technicalities that make the process more difficult and time consuming than it actually has to be. In order to receive permission to relocate to Canada, there are agencies that can assist immigrants in obtaining and filling out the proper paperwork and therefore provide the best application possible to the authorities. There are many reasons a person might choose to leave the country of their birth and knowing the facts and how they apply to each situation ensures a successful and timely migration.

The laws concerning Canada immigration change quite often, and knowing which laws apply to you and your situation is extremely important. Not everyone is aware of these changes, which makes it harder and harder to correctly fill out the required documents to ensure your immigration status. This is another reason why it is a good idea to seek assistance with an application for immigration. Whether you choose to immigrate for work or personal reasons, there is a correct way to make the move legally and safely. Ensure that your documentation and your application are filled out correctly, meet all of your application deadlines, and have a strict plan and guidelines that you intend to follow throughout the process.

If you are in the early stages of looking to immigrate to Canada, do some research. There are a number of websites providing great quality information on your destination country and how to get there. The more you prepare yourself the more at ease you will feel with your decision and the process itself.

Make your decisions wisely, Canada immigration laws have to be followed precisely and accurately. By doing so, you will enable yourself to move on to the next phase in your life; in a new country, with new opportunities, making a new start, you will be able to follow your heart in making the right decision for yourself.

Here are the answers to the ten most common immigration questions.

I hate living in my country, I’m desperate to come to Canada

I often receive emails that basically explain that. This is a tough one: as much as I can sympathize with someone living in a country at war, or with a lot of economical problems, there is no perfect answer.

Canada does welcome refugees. However, the situation has to be pretty severe in your home country: the applicant must “have been, and continue to be, seriously and personally affected by civil war or armed conflict, or have suffered massive violations of human rights“. This is not always easy to prove…

If you don’t fit in the refugee category, you may apply in one of the many immigration categories.

I don’t have enough point to immigrate through the skilled worker category

In order to immigrate in the skilled worker category, you must meet the minimum pass mark. You can use the free eligibility tools to see if your application would be eligible to be processed.

If you don’t pass the test, it’s not the end of the world! Don’t send your application, because it won’t be processed. Instead, take some time to see if you can improve your chances of being selected.

The selections factors (education, language abilities, experience, age, arranged employment and adaptability) can usually be improved. Focus on taking some French or English classes, improve your work experience or take a trip to Canada. These can help you get more points! And don’t worry too much about finding a job in Canada before immigrating. This is every immigrants’ dream but it is notoriously difficult and CIC knows it… this is probably why you only get a maximum of ten points for it!

Am I too old to immigrate?

This is a touchy question. To immigrate in the skilled worker category, you get the most points between 21 and 49 years old. This is because Canada needs immigrants who will work, pay taxes, have children… and won’t retire too early. Studies probably showed as well that younger immigrants are more adaptable overall.

Cynical? Not really. Immigration meets a need after all.

If you are over 50, it’s not the end of the world. Some people managed to obtain the permanent residence, albeit with a lot of motivation and a strong plan. It is your job to show to you want to live in Canada, and that you are aware of the problems you may face.

What’s the best way to immigrate in Canada fast?

In short, in you are in a hurry to leave your country for whatever reason, don’t apply for permanent residence. No matter how loud you complain, processing your application will take a while: 6 to 12 months if you are lucky, much longer if you are not. This is just the way it is!

Take a second and think of it: Canada must evaluate whether you fit in the category you applied in, check your background, your medical results etc. in order to grant you the right to live in Canada. This is quite a responsibility!

There are some basic advices to make you your application gets processed as fast as it can, and to avoid any delays. But that is the best you can do!

On a side note, stay clear of any organization that promise a faster process. Nobody has this power.

Is it faster if I immigrate to Quebec?

This is a strong myth among the francophones. Because Quebec is French, a lot of applicants think it can be much faster to go through the Quebec process (which is a slightly different one).

However, be aware that immigrating through Quebec adds an additional step: the CSQ (Certificat de Sélection du Quebec). Besides, waiting times are also long for Quebec now… so no, it’s not really faster.

Make your life easier. If you plan to settle in Quebec, apply through Quebec. If you plan to settle anywhere in Canada, don’t bother applying through Quebec and go through the regular process.

If I marry a Canadian citizen, will I be Canadian automatically?

The stronger myth ever…! In short: no, absolutely not. This is a common immigration myth.

First of all, to be eligible to become a Canadian citizen, you must have been a permanent resident first. There are some exceptions, like if you are adopted – but I don’t think this is the most common case!

Second, to be married to a Canadian citizen does not give you the right to come to Canada, much less live, work or study there. You may however be eligible to be sponsored by your spouse.

I was told to come for an interview, what it is about?

It is fairly common to be required to meet with a Citizenship and Immigration Canada Officer.

During the interview, the officer will typically check your credentials, test your language abilities and evaluate your chances to establish yourself successfully in Canada. This may be a chance for you to present a strong immigration project, as the officer may possess wide discretionary authority to accept you even if you lack a few points to qualify.

If you applied in the family class (i.e you are sponsored by a spouse), the officer will focus on evaluating whether the union is genuine or is a marriage or convenience. Questions will be asked about your relationship with your spouse: where did you meet, how did the relationship develop etc.

In any case, make sure you prepare your interview because this could be your chance to be accepted!

How do I apply for citizenship?

To apply for citizenship, you must first be a permanent resident. You are eligible after three years of permanent residence, and 1095 days of physical presence in Canada.

Applying for citizenship is relatively easy compared to applying for permanent residence. However, it involved a little bit of paperwork, a test and a sometimes long processing time!

My application was refused, what do I do now?

If your application is refused, you will be given a reason, such as not enough points because of lack of work experience, work experience not on the Canadian National Occupational Classification, lack of language skills etc. Basically, they give you something to work on, in most cases.

Being refused for security reason or because of a health problem is a much more complex problem, for which you may need specific help.

In the spouse category, the main reason for which applicants are refused is if the immigration officer believe the relationship is not genuine.

If you believe the decision was unfair, in most case, you can appeal the decision at the immigration appeal division. Otherwise, you may improve your chance of being selected (such as getting more work experience) and re-apply for permanent residence.

Will my life be better in Canada?

Don’t we all hope!

Experiences vary greatly. Some immigrants embrace their new life, some have more trouble adapting. Even though everybody can have the occasional frustrating experience, generally speaking, prospective immigrants should do a lot of research before they apply for permanent residence to avoid disappointment.

Typical complaints involve not being able to work in the applicant’s field of choice (medicine, accounting, law are tricky because your experience in your home country may not be recognized), difficulty finding a job, problems adapting… A lot of these problems could be avoided by doing researches beforehand. So, be curious before deciding to come to Canada!

After you become a landed immigrant, you must apply for three very important pieces of IDs: a permanent resident card, a SIN card and a health card.

The Permanent Resident Card

This card will be the easiest to obtain, because you don’t need to apply for it! Once you become a landed immigrant, the officer at the entry point will ask you for an address and you will receive the card automatically, free of charge. And that’s it!

The Permanent Residence card is the proof of your status in Canada. It expires every five year.

You SIN Card

A Social Insurance Number (SIN) is a 9 digit number issued by the Canadian government that you need to work in Canada. It is very important that you apply for your Social Insurance Number card as soon as you can.

You may apply for a SIN card at any Service Canada Center. Permanent Residents in Canada will need:

• The Permanent Resident Card issued by Citizenship and Immigration Canada, or
• The Confirmation of Permanent Residence and visa counterfoil affixed to your passport

You will receive a SIN number right away if you apply in person. You will then receive the card by mail within ten days.

You may also apply by mail, by downloading the application form and sending the supporting documents. It will take about 15 business days.

There is no fee to apply for a SIN number and to get a first SIN card.

Be aware that identity thief is a serious problem, so take care of your SIN number. Only provide you SIN number when it is legally required, for example, by your employer, financial institutions and tax services. You do not have to give your SIN number to complete a job application, or to apply for credit cards.

The Health Card

Health Cards are issued by the provincial or territorial government and allow access to insured health care services. Each province or territory manages its own health system.

Because this is a provincial matter, regulations and requirement vary. Generally speaking, as a permanent resident, you are entitled to a range of health care services paid for by your provincial health ministry. Typically hospitalizations, surgeries, visits to your general practitioner, emergency visits etc are covered, which means that you just have to show your health card when using the services, and that you will not pay. Services which are not generally covered are eye exams, dentistry and cosmetic surgery. If you wish to be covered for additional services, you may buy private health insurance.

Everyone must have their own health cards, including babies.

Note that you may not be eligible for health care right after you arrive. Some provinces require a waiting, during which you will not be covered. For example, in Ontario, coverage normally becomes effective three months after the date you establish residency in the province. New and returning residents are encouraged to purchase private health insurance in case you become ill during the waiting period.

In order to maintain your insurance coverage, most provinces requires that you make your primary residence in that province and that you meet physical presence requirements.

These are the most important IDs you should apply for when arriving in Canada. You will need them to work, prove your status, prove that you are entitled to benefits etc. So take a moment to do the paperworks!