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 About the Application ... Who qualifies as an independent (skilled worker) immigrant? A person with specific occupational skills and experience may qualify as an independent immigrant. These skills must be readily transferable to the Canadian labour market. Does it help to have a relative in Canada? Yes. Having a close relative living in Canada increases your point score under the selection system. The relative must be a permanent resident or Canadian citizen aged 19 or over, and he/she must be a "close relative" as defined in the section Important Words to Know. You must provide documentation to prove the relationship. What fees must I pay? You must pay a Cost Recovery (CR) fee to pay for the processing of your application. The CR fee is non-refundable, even if your application is refused. The Right of Landing Fee (ROLF) is required of every adult aged 19 or over in your family but, unlike the CR fee, is refundable if an Immigrant Visa is not issued or used, or if you withdraw your application or if your application is refused. The ROLF can be paid at any time during the application process, but must be paid before an Immigrant Visa can be issued. The ROLF must be paid to the same office where you paid the CR fee. You will also have to pay other fees such as those related to obtaining a medical examination and a police certificate. (Note: CR and ROLF are not applicable to non-accompanying family members, or to family members who are already permanent residents of Canada). Who is included in my application? If you are married, your spouse should be included as a dependent. You must also include on your application all dependent children whether they are accompanying you to Canada or not. (See Important Words to Know for a definition of "dependent children".) Your dependents must undergo and pass background checks and medical examinations. All dependents 18 years of age or over must complete their own individual application form. If I have children from a previous relationship, must I list them on my application form if they do not live with me? Yes. You should list these children on your application form even if they will not be accompanying you. You must also use the Additional Family Information form (IMM 5406) to provide details of all your sons and daughters, including adopted children and stepchildren. Where custody arrangements have been made, you should provide copies of the custody documents. What about my dependents who will not accompany me to Canada? All of your dependents, whether they will accompany you to Canada or not, must be included in Part A - Personal Details of your Immigrant Application Form (IMM 0008). In addition, each dependent 18 or over must complete his/her own application form. All of your dependents, whether they will accompany you to Canada or not, must pass medical examinations and background checks. What happens if I cannot fit all the information on the application form? You should complete the form by typing or printing clearly and you must sign your application form. If you need more space to answer any questions, attach separate pages. When you have signed the form, it becomes a legal document and the information you have provided must be truthful, complete and correct. It is an offence under the Immigration Act knowingly to make a false or misleading statement. If any information changes before you arrive in Canada, you must inform in writing the visa office to which you applied. This is true even if your visa has already been issued. Do I need a passport or travel document? You and your dependents must have valid passports or travel documents. If any of the documents are to expire soon, you should renew them. Diplomatic, official, service or public affairs passports cannot be used to immigrate to Canada. You must have a valid regular or private passport when you arrive. The validity of your visa may be affected by the validity of your passport. Must I or other members of my family attend an interview? A visa officer will review your application and decide if an interview is necessary. If so, you will be informed of the time and place. Your spouse and dependent children aged 18 or over may be asked to accompany you to the interview. The visa officer may ask about your job, work experience, education, reasons for migrating, plans and preparations. The officer may also ask about your family, spouse and/or dependents, or about your health, financial situation, or past difficulties with the law. There may also be questions to determine your ability to settle successfully in Canada. Why do I need the service of an immigration consultant? Not everyone does need a consultant; however, some excellent applicants have been refused. The Immigration Act and the Regulations change frequently and the process is neither simple nor transparent. You will improve your chances and will gain the benefit of our experience in .We will assist and guide you through every step of the immigration process until you have your visa. This includes determining the best immigration category, best occupation and alternate occupations, the best Immigration Processing Post for your particular application, preparing and submitting a complete application with the required supporting documents, personally discussing your selection interview - both before and after the interview, ensuring the proper police certificates and medical reports are completed properly, following up to ensure no time is lost in the process. We will represent you and support your application to ensure fairness and a proper decision is made. We will advise you on how and where to land in Canada and advise you on social insurance and health care. We will refer you to appropriate professionals for legal advice, accounting, banking, real estate and job search. We will keep you informed and most importantly, we will tell you the truth! Do professionals need registration and licensing to work in Canada? In Canada, approximately 20 percent of occupations are regulated to protect the health and safety of Canadians (e.g., nurses, engineers, teachers, electricians). People who want to work in regulated occupations need to obtain a license from a provincial regulatory body. Licensing requirements often include education from a recognized school, Canadian work experience and completion of a technical exam. Fees for exams can be costly and are the responsibility of the applicant. Final assessment by the provincial authority can only be made once you are in Canada with permanent resident status. Can I transfer my application to a different country after I apply? Yes, the application can be transferred to a different immigration office. If you transfer the file to a different country, there is a fee of CAD$100. For how long is my Immigrant Visa valid? The validity date is based upon the earlier of: your or your dependents' passport validity date(s); or the medical validity date(s). Medical examination results are valid for 12 months after the initial medical examination. Immigrant visas cannot be extended once issued. If applicants do not use the visas within their validity, they must reapply for immigration to Canada. Is there a medical requirement for immigrating to Canada? Yes. You and your dependents, whether accompanying you or not, must undergo and pass a medical examination. To pass the medical examination you or your dependents must not have a condition that is a danger to public health or safety or would cause excessive demand on health or social services in Canada. Will I receive a copy of the medical report and the result of the medical examination? All medical reports and X-rays for the Immigration Medical Examination become the property of the Canadian Immigration Medical Authorities and cannot be returned to the applicant. The designated medical practitioner (DMP) will not advise you of the results of the medical. However, he/she will advise you if you have a health-related problem. The visa officer and not the DMP makes the final decision on whether or not a medical examination has been passed for immigration purposes. The visa office will inform you in writing should there be a problem with your medical examination. For how long is the medical examination valid? The medical examination is valid for 12 months from the date of the first medical examination. If your visa is not processed in this time, you must undergo another complete medical examination. Must everyone in my family have a medical examination? Yes. All of your dependents who are not already permanent residents or Canadian citizens, whether they will accompany you to Canada or not, must undergo a medical examination. Can my own doctor do the medical examination? No. A physician on Canada's list of DMPs must do the examination. My children are studying abroad and cannot return home for their immigration medical examination for another six months. I do not want to delay my application. What should I do? Whenever possible, the same DMP should perform the medical examination of all family members. If this is not possible, advise the visa office that your dependents are abroad and the visa office will arrange to have their medical examinations done by a DMP closer to their place of study. The visa office will forward a copy of the Medical Report: Section A, Client Identification & Summary (IMM 1017) to them, with the address of their nearest DMP. The visa office will fill in the tombstone data and affix a photograph of your dependent to the form. The Visa Office & Number section of this form (IMM 1017) must have the name of the visa office where your application is being processed. The DMP doing the medical examination of your dependents must also forward their complete medical reports to the same Canadian medical office that received your report. Your dependents' medical examination reports will be matched with your file, as the Medical Report form will carry your file number. Note: Medical instructions will normally be sent to you after you submit your application to the visa office. I do not understand "excessive demand" or whether my ailment would place an excessive demand on Canada's health or social services. Can you tell me more? This term refers to the significant burden placed on Canada's health or social services due to ongoing hospitalization or medical, social or institutional care for physical or mental illnesses, or special education or training. Individuals may be denied admittance to Canada due to the high costs of their care. The factors considered during the medical assessment include whether or not hospitalization or medical, social or institutional care are required and whether potential employability or productivity could be affected. For example, a person with a serious disease or psychiatric disorder requiring ongoing care or hospitalization may be inadmissible because their requirements would place "excessive demand" on the Canadian health-care system. Individuals with developmental delay or congenital disorders who require special education or training to lead an independent life may also be inadmissible. Other conditions which could place a significant financial burden on Canada's health or social services would also render an applicant medically inadmissible. Can the DMP advise me regarding my application? No. The DMP is only responsible for conducting a medical examination in accordance with Canada's immigration requirements. The DMP cannot provide any advice on the immigration process. What happens when I arrive in Canada? When you arrive, you must present your Immigrant Visa to a Canadian customs or immigration officer at your first port of entry. The officer will check your visa and travel document and ask you questions similar to those on the Immigrant Application Form (IMM 0008) or the resident card to verify that you are of good character and in good health. You may also be required to show proof of your funds. If there are no difficulties, the officer will authorize your admission to Canada as a permanent resident. What settlement services are available? Canada's settlement services are limited. You can learn about them from Canada Immigration Centres, Human Resources Canada Centres and private organizations. Can you help me find a job? Unfortunately we do not have the resources to provide this type of assistance. Human Resources Canada Centres are available to assist all Canadian citizens and permanent residents in finding employment. After obtaining permanent resident status in Canada, what if I need to return to my country to settle my affairs? Permanent residents may leave and re-enter Canada as often as they wish as long as they comply with a residency obligation with respect to five-year period
Residency obligation 28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Application (2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are (i) physically present in Canada, (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent, (iii) outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province, (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province, or (v) referred to in regulations providing for other means of compliance;
(b) it is sufficient for a permanent resident to demonstrate at examination (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident; (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and
(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.
YOUR RIGHTS AND There are a few limitations on permanent residents:
You remain a permanent resident until you become a Canadian citizen or abandon Canada as your place of residence. You may be considered to have abandoned Canada if you have frequent and/or lengthy absences from the country. If you travel to Canada to present your immigrant visas to obtain permanent residence and then return to live in your home country indefinitely, you will lose your permanent resident status. THE NEW LAW FAQ
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