Skilled worker class immigration

    There are three different categories of immigration available to a skilled worker: Federal Skilled Worker Category, Provincial Nominee Category and Simplified Procedure Category. Depending on your personal circumstances you can choose the category that best suits your needs.

• Federal Skilled Worker Category

• If you are a skilled worker under NOC Index but you don’t have a job offer, you should apply under the Simplified Procedure category.
  

General Requirements for Applying as a Skilled Worker

• You should have at least one year of full-time paid work experience or the equivalent in part-time continuous employment within the last 10 years
• You should have worked in the category of Skill Type 0, or Skill Level A or B, on the Canadian National Occupation Classification (NOC) Index.
  

Provincial Nominee Category

    If your prospective employer is pre-screed and qualifies under and of the Provincial Nominee Programs, you should apply under the Provincial Nominee Category.

    This program allows provinces to set up criteria and select applicants based on the individual shortages of skilled workers in different provinces. Once selected, Provincial Nominees’ files are transferred for approval by the federal visa offices.   

    In order to be eligible for the program, an applicant needs a job offer from a qualified employer. In addition, the applicant has to satisfy selection requirements of the specific province.  Currently the processing times for the Provincial Nominee Programs are substantially shorter than those for the Federal Skilled Worker Category. Provincial Nominees have to fulfill the general requirements of settlement funds, medical and police examinations.

You can find more information on Provincial Nominees Programs here:

Alberta
British Columbia
Manitoba
New Brunswick
Newfoundland and Labrador
Nova Scotia
Prince Edward Island
Saskatchewan
Yukon
Ontario

Sponsor Your Family

    As a permanent resident or Canadian citizen over 18 years of age you can bring members of your family to Canada.

    A member of the family class is defined in the Immigration and Refugee Protection Act to include a spouse, common-law partner, parent or dependent child. Brothers, sisters, aunts, uncles, nephews or nieces are not included under the definition. In order to qualify as a sponsor, you must demonstrate to the immigration officials that you have enough income to support yourself, your family and a sponsored person. In addition, a sponsored person must meet certain medical and security requirements.

Income requirements for a sponsor

(Effective December 31, 2008) 

Size of Family Unit    Minimum income necessary                                                               

1 person (the sponsor)    $21,202

2 persons                        $26,396
3 persons                        $32,450
4 persons                        $39,399
5 persons                        $44,686
6 persons                        $50,397
7 persons                        $56,110

    A sponsor and a sponsored person sign a sponsorship agreement in which a sponsor agrees to support a spouse or a common-law partner financially for 3 years, or for 10 years in the case of a sponsored parent or dependent child. When a dependent child reaches the age of 25 earlier before the end of the 10-year period, a sponsor's obligation to provide financial support expires.    

    If your income is insufficient to meet the needs of your particular sponsorship situation, you can have your spouse or common-law partner with sufficient income co-sign a sponsorship agreement with you.

    For professional guidance assistance or assessment, please contact us at:

Tetyana Derzhak, Barrister, Solicitor and Public Notary

tderzhak@gmail.com
Phone: (416) 487-4439, Cell: (647) 409-3302
Fax: (416) 850-4439

120 Eglinton Ave. East, Suite 1100
Toronto, ON M4P 1E2

Business immigration

    Entrepreneur Category

• If you wish to start a business in Canada, have  business experience and a net worth of $300,000, you should consider applying in the Entrepreneur Category.

• If you have business experience, a net worth of $800,000 and are willing to make an investment of $400,000 for five years with Canadian designated funds, you should consider applying in the Investor Category. One of the advantages of this category is a relatively short processing time frame of approximately 17 months.

    Self-Employed Category

• If you are a farmer, an athlete or an artist at the world-class level, you should consider applying in the Self-Employed category.

Business Opportunities for Canadian Business Professionals

    As a Canadian citizen you will have plenty of business opportunities in North America. For example, you can apply for a NAFTA work permit that enables you to work and live in the United States. Canadian citizenship will not be lost if  an individual does not live in Canada.

Doing Business in Canada

  In 2007 "The Economist" rated Canada among the best five countries for doing business worldwide, taking into consideration market opportunities, tax laws and the labour market; at the same time, the cost of living in Toronto remains relatively low compared with that of other world capitals.

    Many business professionals become acquainted with Canada through an exploratory visit.  You can come to Canada for a business visit as a regular visitor or as a business visitor. During your visit you can open a Canadian subsidiary of your company or register a non-Canadian business as a branch.

    By registering a Canadian subsidiary and having a valid business with a parent company, you will be able to obtain a work permit for yourself or any of your managerial employees as inter-company transferees for an up to two years. Having a work permit will enable you and your family to stay  legally in Canada and work in or manage your business. You can then apply for immigration later on.

    Registering of a branch of your company in Canada will allow you to come as a business visitor for a short-term business trip for limited types of work, but generally not for more than two months at a time.

For professional guidance assistance or assessment, please contact me at:

Tetyana Derzhak, Barrister, Solicitor and Public Notary

tderzhak@gmail.com
Phone: (416) 487-4439, Cell: (647) 409-3302
Fax: (416) 850-4439

120 Eglinton Ave. East, Suite 1100
Toronto, ON M4P 1E2

How Can I appeal an Immigration Decision?

Immigration Refugee Board 

    The Immigration Refugee Board is a tribunal that hears appeals from decisions on sponsorship applications, refusals on Permanent Resident cards and hearings to determine whether a person with criminal charges can remain in Canada.   

    The deadline to file a notice of appeal is 30 days from a day the decision was received by the sponsor. If you miss the deadline, generally, -- the appeal cannot be continued.

   The main issue in the case of a spoussal sponsorship is whether the marriage is a “real” marriage and not for the sole purpose of convenience. In the case of a parent sponsorship, health issues might be an issue, as well as whether a sponsor has enough money to support his or her parents.
    The Immigration Appeal Division (IAD) decision on appeal can be “appealed” further by way of judicial review to the Federal Court of Appeal with leave of the court of Canada.

Federal Court

    If your application for immigration as a skilled worker or a businessman is rejected, you can appeal the decision to the Federal Court.

    The time limit within which you should commence an appeal is 60 days from the day that you received the written reasons. The appeal process consists of two steps. First, you should obtain permission to appeal from the court. This is known as "leave to appeal,-" and this is done by filing of written materials with no appearances. Second, if you are able to persuade the court that there was a serious mistake committed by the immigration officer and the court grants you a leave to appeal, an actual hearing will be conducted.

    The decision on appeal of the Federal Court can be appealed with a leave to appeal to the Federal Court of Appeal and further to the Supreme Court of Canada.