| |
Canadian Immigration Categories
Family Class
- Immediate family members can still be sponsored for admission to
Canada subject to the following:
- the new I&RPA introduces, for the first time, that common-law
partners may be sponsored and define a ‘common-law partner’
to include a person who is cohabiting in a conjugal relationship
with another person, having so cohabited for a period of at least
one year;
- provides that an individual in a conjugal relationship for at
least one year with a person, but who is unable to cohabit with
the person, due to persecution or any form of penal control, may
be considered a common-law partner of that person;
- add the words ‘and common-law partner’ where the term
‘spouse’ appears so that all provisions applicable to
spouses are applicable to common-law partners;
- exclude relationships of convenience entered into for immigration
purposes;
- For spouses and common-law partners in Canada, the Regulations:
- create an in-Canada landing class for sponsored spouses, common-law
partners and their dependent children;
- allow in-Canada spouses and common-law partners to work while
their application is in process; and
- define the requirements to be met by spouses and common-law partners
in Canada.
- For fiancé(e)s and intending common-law partners, the IRP Regulations:
- no longer include the relationship of fiancé(e) in the definition
of family class;
- prescribe that the application of a fiancé(e) or intending common-law
partner, to a Canadian citizen or permanent resident, will be considered
pursuant to subsection 25(1) of the IRPA under humanitarian and
compassionate/public policy provisions.
- For dependent children, the Regulations:
- broaden the definition of a dependent child to include children
under 22 years of age, (increased from 19 years), who are not in
a conjugal relationship at the time of sponsorship or immigration
application (even though they may have been in a conjugal relationship
in the past); and
- now include unmarried children over 22, if they are full-time
students, mentally or physically disabled and dependent on their
parents.
- For sponsorship eligibility and duration, the Regulations:
- reduce the age at which Canadian citizens or permanent residents
are eligible to sponsor, from 19 to 18 years of age;
- reduce the length of sponsorship undertaking from 10 to 3 years
for spouses and common-law partners;
- increase the duration of sponsorship undertaking for children
from a maximum of 10 years to 10 years or age 22, whichever is longer;
- simplify calculation of income for the purpose of sponsorship
by allowing sponsors to use last year’s filed federal income
tax form as evidence of adequate income; and
- allow for the consideration of other evidence of income, when
appropriate.
Business Experience
In respect of
- an investor or an entrepreneur, other than an investor selected by
a province or an entrepreneur selected by a province, means:
- the management of a qualifying business and the control of a
percentage of equity of the qualifying business for at least two
years in the period beginning 5 years before the date of application
for a permanent resident visa and ending on the day a determination
is made in respect of the application, or
- the management of at least 5 full -time job equivalents per year
in a business for at least two years in the period beginning
five years before the date of application for a permanent
resident visa and ending on the day a determination is made
in respect of the application; and
- an investor selected by a province or an entrepreneur selected by
a province, has the meaning provided by the law of the province and
is calculated in accordance with the laws of the province.
Net Assets means assets minus liabilities plus shareholder loans
from the foreign national and their spouse or common-law partner.
Net Income means after tax profit or loss plus remuneration to
the foreign national and their spouse.
Net Worth means, in respect of the foreign national and their
spouse, the fair market value of all their assets minus the fair market
value of all their liabilities.
Percentage of Equity means
- in respect of a sole proprietorship, 100 per cent of the equity of
the sole proprietorship;
- in respect of a corporation, the percentage of the issued and outstanding
voting shares of the capital stock of the corporation controlled by
the foreign national or their spouse; and
- in respect of a partnership or joint venture, the percentage of the
profit or loss of the partnership or joint venture to which the foreign
national or their spouse or common-law partner is entitled.
Investment means in respect of an investor, a sum of $400,000
that
- in the case of in investor other than an investor selected by a province,
is paid by the investor to the agent for allocation to all approved
funds in existence as of the date the allocation period begins and that
is not refundable during the period beginning on the day a permanent
resident visa is issued to the investor and ending at the end of the
allocation period; and
- in the case of an investor selected by a province, is invested by
the investor in accordance with an investment proposal within the meaning
of the law of the province and is not refundable for a period of at
least five years, as calculated in accordance with the laws of the province.
Investor means a foreign national who
- has business experience
- has a net worth of at least $800,000
- indicates in writing to an officer that they intend to make or have
made an investment.
Entrepreneur means a foreign national who
- has business experience
- has a net worth of at least $300,000
- provides a written statement to an officer that for a period of at
least one year within a period of not more than three years after the
day that the entrepreneur becomes a permanent resident they intend and
will be able to
- control a percentage of the equity of a qualifying Canadian
business equal to or greater than 33 1/3 per cent,
- provide active and ongoing management of the qualifying Canadian
business, and
- create at least one incremental full-time job equivalent in that
business for Canadian citizens or permanent residents, other than
the entrepreneur and their family members
|
 |
Citizenship and Immigration Canada (CIC) Links
|
