Answers by Jeffrey S. Lowe Canada Immigration Lawyer
- I have assessed myself, and fall short of the 75 points required for an independent
skilled worker immigrant. Can I still qualify?
- I was convicted of an offence about 10 years ago, but haven't had any problems with
the law since. Can I still immigrate to Canada?
- I'm in Canada on a study permit, and will graduate next year.
Can I qualify as an independent immigrant?
- Do I need to have a job lined up before I can apply as an independent
immigrant?
- I have a high school diploma, a few programming courses, and two years' work
experience as a computer programmer.
Can I qualify for a work visa to Canada?
- I have operated a business for many years, but do not have any income tax records.
Can I still qualify as a business immigrant?
- I just landed in Canada as a new immigrant, and I want to sponsor my parents to come.
What do I need in order to sponsor my parents?
- I have a 23-year-old daughter in college.
Can my daughter immigrate to Canada with my family?
- What work experience do I need to qualify as an independent immigrant?
1. I have assessed myself, and fall short of the 75 points required for an independent
skilled worker immigrant. Can I still qualify?
In order to qualify as an independent skilled worker, it is proposed that you need 75 points under the
point assessment system. There are some exceptions to this. For example, if you can show that
the point assessment system does not accurately reflect your chances of establishing yourself
in Canada, you may request that the visa officer exercise administrative discretion to grant
you an immigrant visa.
Some of the matters which the visa officer may take into consideration in exercising her
discretion are whether you
- have a job lined up in Canada
- have experience or skills which are in high demand in Canada
- have lived or studied in Canada or North America
- are fluent in English or French
Each case is unique, and you must make written submissions, and include documentation to
prove your case.
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2. I was convicted of an offence about 10 years ago, but haven't had any problems with
the law since. Can I still immigrate to Canada?
In most cases, if more than five years have gone by since the end of your sentence
(or payment of any fine), you can apply for a declaration of rehabilitation, which means
your conviction would no longer prohibit you from entering Canada. Immigration officers
would consider factors like:
- accepting responsibility for the offence
- showing remorse for any harm done
- evidence of restitution for victims of your crime
- evidence of a change in lifestyle
- stability in employment and family life
- continuing education and skills training programs to better yourself
- involvement in community work
- reference letters from community leaders, or business or professional people
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3. I'm in Canada on a study permit, and will graduate next year. Can I
qualify as an independent immigrant?
In order to qualify as an independent skilled worker, you need to have at least one
year of work experience in a skilled occupation. If you are just graduating and have no
prior work experience, this will be difficult.
In many cases, however, graduates from publicly funded educational
institutions in Canada can qualify for a one-year work permit, in
a job related to their studies. After that time, you may have the work
experience in order to qualify.
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4. Do I need to have a job
lined up before I can apply as an independent immigrant?
No, provided that you are assessed at least 75 points in the other
"points" categories such as education, age,
work experience, and so on.
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5. I have a high school
diploma, a few programming courses, and two years' work experience as a computer
programmer. Can I qualify for a work visa to Canada?
The Canadian government has a program to "fast track" the approval for
work permits for software professionals with certain types of
experience. Also, if your skill set is in demand, your employer may be able
to have your position approved by Human Resources Development Canada
so that you can get a work permit.
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6. I have operated a business
for many years, but do not have any income tax records. Can I still immigrate as a
business immigrant?
In many countries, businesspeople do not have proper income tax records to
prove their business background. However, income tax records are only part
of the evidence of a successful business. If you have other evidence to prove you did
meet the requirements of "Business Experience", you may still qualify as a business immigrant.
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7. I just landed in Canada as
a new immigrant, and I want to sponsor my parents to come. What do I need in order to
sponsor my parents?
In order to sponsor your parents to immigrate, you will need to prove that
in the 12 months prior to submitting your application, your family's total
income was more than a certain amount, called the "Low Income Cut Off" ("LICO")
amount.
This will vary, depending upon the number of family members that
you have, and the size of the municipality that you live in (the larger the
population, the higher the LICO amount).
For example, for a family of four to sponsor the husband's parents, the family would
need to prove that in the 12 month's prior to the sponsorship, it earned approximately
$42,000 CDN.
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8.
I have a 23-year-old
daughter in college. Can my daughter immigrate to Canada with my family?
Provided that your daughter has been in school from the time she turned
22 until the date that the visa is issued, the daughter may be able to
qualify as a dependent child and immigrate with the rest of the family.
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