IMMIGRATION THE BASICS Presentation to The University of
IMMIGRATION THE BASICS Presentation to: The University of Ottawa International Students: Science, Technology, Engineering and Math (STEM) Warren Creates, B. A. , L. L. B. Certified Specialist: Immigration, Citizenship, and Refugee Protection Law Perley-Robertson, Hill & Mc. Dougall LLP/s. r. l. 20 November 2019 perlaw. ca 1
Outline 1. Study Permits 2. Post-graduation work permits (PGWP) 3. Permanent Residency a) Express Entry i. Federal Skilled Worker ii. Canadian Experience Class b) Provincial Nominee Program (Ontario) c) Sponsorship d) Start-up Visa perlaw. ca 2 1
Study Permits • Eligibility • Enrolled in a designated learning institution • Proof of funds to cover tuition, living expenses, return transportation • No criminal record • Good health • Proof you will leave upon expiration of study permit • What you will need? • Acceptance letter to a designated learning institution • Valid passport or travel document • Proof of funds to cover your expenses • Valid credit or debit card Process • Online application • perlaw. ca 3
Study Permits…Continued • Fees • • Medical exam • Police certificate • Language testing • Obtaining a visa • Biometrics • Application fee $150 When does your study permit expire? • Only taking prerequisite courses Permit expires 1 year after completion of those courses • May need to apply to extend your study permit if you will not finish your courses before expiration of study permit • Finish courses before expiry of permit Permit expires 90 days after completion of studies 290, 245 individuals with study permits in Canada in 2019 • perlaw. ca 4
Post-Graduation Work Permits (PGWPs) Eligibility: • Recent graduates of a Canadian university (must apply within 180 days of final grades) • Full-time student • Can be a degree, diploma or certificate as long as the program was longer than 8 months • 2 or more years = 3 year work permit • Less than 2 years = work permit equal to the length of studies • Cannot have previously obtained a work permit based upon a prior educational program • Spouses of post-graduate work permit holders • Eligible to apply for open work permit under LIMA exemption C 41 • The post-graduate student must be employed in skill level 0, A or B perlaw. ca 5
PGWP Process • • Fees: $255 for application ($155 + $100) Processing time online: 114 days, paper: 120 days Official letter from your school confirming completion of your program Official transcript from your school perlaw. ca 6
Permanent Residency 3 Options: 1. Express Entry a. Federal Skilled Worker (FSW) Application b. Canadian Experience Class (CEC) 2. Provincial Nominee Program (PNP) 3. Sponsorship by a spouse or common law partner in Canada 159, 262 permanent residents admitted to Canada in 2017 perlaw. ca 7
Federal Skilled Worker Application • • • Minimum requirements for skilled work experience, language ability and education Skilled Work Experience • 1 year full time work experience (or 1560 hours of equivalent work experience in the past 10 years). • Must be in Skill Type 0 (management) or Skill Level A (professional with university degree) or B (technical and skilled trades with college diploma or training) of the National Occupation Classification. Language Ability • • Strong English or French skills (CLB 7) in all of writing, reading, listening, and speaking abilities Education • Certificate, diploma, or degree from a Canadian secondary or post-secondary institution, OR educational credential assessment foreign education perlaw. ca 8
Federal Skilled Worker…Continued • • Points • 6 assessment criteria: (1) Education, (2) Work Experience, (3) Age, (4) Language Proficiency, (5) Arranged Employment, (6) Adaptability Factors • Minimum 67 points permits the submission of an application but does not guarantee selection Supporting Documentation • IELTS or CELPIP or TEF language test results (within past 2 years) • Police clearance certificates (within past 6 months) • Proof of settlement funds (within past 30 days) *see list • If currently in Canada must be in Canada legally for at least 1 year perlaw. ca 9
Federal Skilled Worker…Continued • Settlement funds perlaw. ca 10
Canadian Experience Class Eligibility: • Requires 1 year documented full-time skilled work experience • The work experience must have been completed on a valid work permit in Canada • The work experience must be completed within the 36 months prior to applying • Skill Type 0 (management) or Skill Level A (professional with university degree) or B (technical and skilled trades with college diploma or training) of the National Occupation Classification • Proof of strong language proficiency in English or French (CLB 7 if NOC 0/A, CLB 5 if NOC B) • No settlement funds required • 6 months processing time perlaw. ca 11
Express Entry – FSW and CEC • All FSW and CEC applications must be completed through the Express Entry system • Create My. CIC account to create profile • Express Entry Pool • Comprehensive Ranking System (CRS Score) • Random but regular draws from the pool • When drawn, given an Invitation to Apply (ITA) • Must apply within 60 days from receiving the ITA perlaw. ca • • • Most recent draw (13 November 2019, CRS score cut-off 472) 57, 165 admissions in 2017 ITA Targets (ie. Cases): • 2019 81, 400 • 2020 85, 800 • 2021 88, 800 12
Provincial Nominee Program (Ontario) • • Nomination Certificate • Provinces issue nomination certificates to individuals across the provinces • Can apply for a nomination certificate through (a) job offer stream, (b) Masters Graduate Pilot Program, (c) Ph. D Graduate Program 2 step PNP application process • Step 1: application to the Ontario Immigrant Nominee Program (OINP) • Step 2: submission of the Federal PNP application • 15 to 19 months processing time • 49, 724 admissions in 2017 perlaw. ca 13
Sponsorship 2 parts: 1. Spouse or common-law partner must be accepted as a sponsor 2. Sponsored person must be accepted as permanent resident Sponsor requirements: • Must be a permanent resident or Canadian citizen • Must provide detailed information about their income, history, etc… • Must complete an undertaking with the Canadian Government promising to support the person they want to sponsor for 3 years Applicant requirements: • No assessment of age, education, work experience, language abilities, settlement funds, etc… • Only requires proof of bona fides of relationship 82, 140 admissions in 2017 perlaw. ca 14
Start-Up Visa • • • Fees: $1540 minimum Processing Time: 12 -16 months Requirements: • A qualifying business • A letter of support from a designated organization • Language requirements • Settlement funds • Biometrics • Medical exam • Police certificates • 587 admissions in 2017 perlaw. ca 15
Questions? perlaw. ca 16
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