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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
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