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Resource Relocation (Canada) Canadian Immigration & Citizenship 1. What are the principal categories of Canadian immigration for which I may be eligible? 2. Who may be included in the application for permanent residence? 3. How many immigrants does Canada accept each year? 4. What are the top ten (10) source countries for immigrants to Canada ? 6. How long does the Canadian immigration process take? 7. What is a 'selection interview'? 8. Who is required to attend the selection interview? 9. What is 'Landed Immigrant Status'? 10. What healthcare benefits am I and my family entitled to as a Permanent Resident? 11. How long must I stay in Canada? 12. What are the tax consequences of becoming a Canadian Permanent Resident? 13. As an 'Investor', do I have to live in the Province in which my money is invested? 14. As an 'Investor', what happens to my investment funds should my application be refused? 15. How do I become a Canadian citizen? 16. Am I required to become a Canadian citizen? 17. Why do I need the services of a professional consultant? 18. What are the duties and responsibilities of a professional immigration consultant? 20. If I want to start the process - what do I do next? 1. What are the principal categories of Canadian immigration for which I may be eligible? Canada encourages the admission of immigrants who bring both financial as well as intellectual capital, skills and expertise that collectively contribute to the nation's economic and cultural well-being, and create job opportunities. There are two (2) principal immigration categories: (1) Business; (2) Independent or Skilled Worker. 1.1 The Business immigration program ("BIP") is principally focused on those of whom who have business experience and funds to invest and who qualify under any one or more of the following criteria: (A) Investor
(B) Entrepreneur
1.2 The Independent or Skilled Worker program is primarily focused on those of whom who have specific occupational skills, experience and personal qualifications in demand by Canada. To meet current selection criteria, an applicant must qualify under a points system and is required to 'score' a minimum of 70 points to be eligible. Assessment is based primarily on educational and vocational qualifications, skills and experience in the intended occupation in Canada. Generally, a minimum of one (1) year experience in a designated occupation is compulsory in order to qualify. 2. Who may be included in the application for permanent residence? The application for permanent residence generally would include the principal applicant, his or her spouse and any unmarried children under the age of 19 years. In certain specified cases, 'dependent children', that is those children who are
either unmarried and over the age of 18 years, or are financially dependent on their
parents, can be included as accompanying dependants for either of the following reasons:
3. How many immigrants does Canada accept each year? (top) In 1860, Canada accepted 6,276 new immigrants. In 1960, 104,111 new immigrants arrived in Canada. Since 1990, Canada has accepted more than 200,000 immigrants each year, 10% of whom are refugees. 4. What are the top ten (10) source countries for immigrants to Canada ? In 1997, the most recent year for which statistics are currently available, the top ten source countries for immigration are: (1) Hong Kong; (2) India; (3) China; (4) Taiwan; (5) Pakistan; (6) Philippines; (7) Iran; (8) Sri Lanka; (9) the United States of America; and, (10) the United Kingdom, all of which represent 55% of a total of 216,000 immigrants accepted in that year. In 1997, the top three metropolitan areas favoured by newly arriving immigrants to Canada were: (1) Toronto [44.7%]; (2) Vancouver [19.4%]; and, (3) Montreal [10.4%]. 6. How long does the Canadian immigration process take? In 1999, the average application processing time for certain Canadian immigration posts in Asia-Pacific (Beijing, Hong Kong, and Singapore) for 'Investor' class cases is estimated to be 18 - 21 months - and for 'Independent' class cases is estimated to be 30 months or greater. The strategic selection of an appropriate visa office for submission of applications can effectively reduce the overall time required for processing - all of which can vary greatly from one post to another. Canadian immigration processing posts outside Asia-Pacific generally require shorter time periods - from submission of an application to the issuance of visas. 7. What is a 'selection interview'? In general, a selection interview is scheduled by Canadian immigration authorities ("Immigration Canada") to determine, among other things, whether the applicant is able to demonstrate certain favourable personal attributes, including: motivation, initiative, and resourcefulness, all of which make up the criteria used to assess an applicant's personal suitability. In addition, the interview process provides the immigration program officer ("Visa Officer") with the opportunity to: challenge the accuracy of any information contained in the immigration application; confirm the applicant has sufficient financial reserves required to settle in Canada; and, verify whether there are sufficient grounds to exercise certain powers of discretion. 8. Who is required to attend the selection interview? Generally, the principal applicant and his or her spouse, where applicable, will be required to attend the selection interview. In addition, certain visa offices require that any accompanying children over the age of 18 years be in attendance as well. 9. What is 'Landed Immigrant Status'? 'Landing' is defined as: "lawful permission to establish permanent residence in Canada." Upon issuance of your immigration visa, you have up to six (6) months to 'land' in Canada before your visa expires. Upon your arrival in Canada, Immigration Canada will activate your visa by stamping it with the date of arrival, number of accompanying dependants, and designated port of landing. You will have then acquired the status of a 'Landed Immigrant' thus entitling you to live, work and study in Canada as a permanent resident. Landed Immigrants, as 'Permanent Residents', are immediately entitled to many rights enjoyed by Canadian citizens including, among other rights, healthcare benefits and free education at the primary and secondary levels, and a two-third's subsidy of post-secondary education at any college or university in Canada. 10. What healthcare benefits am I and my family entitled to as a Permanent Resident? Canada is reputed to have one of the finest healthcare systems in the world the services of which are available free-of-charge to all Permanent Residents and their families who are registered under the national health insurance program known as 'Medicare'. Medicare pays for those medical services provided for by a licensed medical doctor at hospitals, clinics or doctor's offices. Where medical services or prescription medicines are required which are not covered by Medicare, additional health coverage can be obtained by private insurance companies at very reasonable rates or, in the alternative, may be provided for by many Canadian employers' medical plans. 11. How long must I stay in Canada? You may leave Canada at any time as there is no minimum residency requirements imposed. However, the Immigration Act of Canada is worded in such a manner as to actively discourage a Canadian Permanent Resident from remaining outside of Canada for more than six (6) months in any 12 month period. Therefore - to ensure compliance with being a Permanent Resident, you must not be outside of Canada for more than 183 days in any one twelve (12) month period - otherwise you run the risk of being deemed to have abandoned Canada as your place of permanent residence. 12. What are the tax consequences of becoming a Canadian Permanent Resident? The Income Tax Act of Canada imposes tax on the basis of residency not citizenship. Should a person be resident in Canada for 183 days or more, they will be liable to pay tax to Canada on their world-wide income. At any time after an applicant is issued their immigrant visa, they are permitted a one-time only opportunity to establish an off-shore trust into which may be transferred all non-Canadian income generating assets. The purpose of the trust is to shield income and capital gains generated outside Canada from Canadian tax liability for a period of five (5) years commencing, generally, from the date which permanent residence is first established. 13. As an 'Investor', do I have to live in the Province in which my money is invested? Once having obtained Landed Immigrant status, there are no restrictions which govern where you are required to live. As a Permanent Resident, you are free to choose to live anywhere in Canada at any time. 14. As an 'Investor', what happens to my investment funds should my application be refused? Read the fine print carefully as all immigration investment funds are not the same. Many funds promise 'long' but deliver 'short'. Responsible funds make provision for the return of funds invested, with or without an administration charge, in the event of application rejection. Generally, evidence of refusal is required to obtain a refund. 15. How do I become a Canadian citizen? After you have lived in Canada for three or more years, you are entitled to apply for Citizenship. The process takes approximately 12 months after which, upon success, you are eligible for a Canadian passport. 16. Am I required to become a Canadian citizen? You can maintain your Landed Immigrant status permanently without ever having to become a citizen of Canada. Canadian citizenship is a highly added-value option - not an imposed requirement. As Canada allows for dual citizenship, you can still retain your current citizenship and become a Canadian citizen as well. However as some countries do not permit dual citizenship, you should check with your own country to determine whether this applies to you. 17. Why do I need the services of a professional consultant? Unless you are experienced with the complexities of Canadian immigration law, regulation and policy - then a qualified and reputable professional is more likely to make all the difference between success and failure: a.) Canada's Immigration Act, Regulations and Policies are subject to frequent change with little or no notice to the general public; b.) Immigration proceedings, from submission-of-application to visa-issuance, are a legal process which is neither simple nor transparent - as Visa Officers are permitted extensive use of discretionary powers. The exercise of these powers is required to be executed within precise and well-defined limits, but experience has shown this not to be the reality in all cases. As a legal process, immigration proceedings can prove to be so complex that they are invariably subject to error in understanding and attitude on the part of both clients and Visa Officers. There exists strong evidence demonstrating systemic error by Visa Officers, to such a degree, that it would be clearly imprudent not to retain the services of competent, professional legal counsel. It was disclosed in March of 1999 that six (6) out of every 10 cases submitted for judicial review from Visa Officers had been decided wrongly in 1997, the most recent year for which statistics are currently available. Accordingly, it becomes the responsibility of reputable immigration counsel to address the potential for such a large margin of error on the part of Visa Officers and take effective steps to protect their client's rights. Experienced and competent counsel are trained to recognize procedural errors, such as: the presence of 'irregularities' in the use of discretionary authority, or the 'misapplication' of immigration directives, guidelines and regulatory definitions, or the committing of fundamental 'breaches' in the duty to act fairly during the immigration legal process. For some 18 years now, the people of Asia-Pacific have discovered for themselves that they are able to improve upon their probability of success of immigrating to and acquiring Permanent Resident's status in Canada with the participation of reputable Canadian legal counsel who understand best how to replicate that success. 18. What are the duties and responsibilities of a professional immigration consultant? Upon accepting a client's immigration matter, it becomes the responsibility of RRC to ensure the following:
Accountability and responsibility are key factors throughout the tenure of a client's relationship with RRC. Consultants' fees vary from one consultant to another. In many instances, fees are quite arbitrary as they would appear to have no reasonable bearing on knowledge, experience or responsibility. So take caution! Beware of the 'lowest fee' - as this is usually a sign of inexperienced, incompetent or, worse still, the desperate conduct of unqualified consultants - none of which are endearing qualities to prompt entrusting your confidential information with and the future of your family. Beware of the 'highest fee' - as this too does not 'guarantee' results - but in all likelihood helps pay for inefficiencies, expensive office suites, or inflated profit margins. RRC's fees are 'market-competitive' in relation to the client matters agreed to be undertaken, the time taken and service standard provided, and results obtained - all in compliance with current laws and regulations. RRC's fees are paid in a two (2) step process: a.) 50% is paid upon signing a contract for service when we agree to accept your immigration matter; b.) 50% is paid when notice of your immigration selection interview is received. RRC provides a 100% refund of fees in the event a client does not receive an immigration visa - save and except for any of the following reasons:
Immigration Canada assesses a non-refundable processing fee based on the age and size of your family and the immigration category chosen and, in addition, a refundable Right-of-Landing fee. 20. If I want to start the process - what do I do next? Request an evaluation form from RRC. Upon completion, to the best of your ability and intentions, return the form to your nearest RRC representative office or directly by e-mail to: ResourceRelocation @ Netscape.net or fax to: (852) 2893-2673. A duly qualified RRC professional will examine, evaluate and assess your eligibility and probability of success under Canada's immigration program, in compliance with current laws and regulations. Prior to accepting your case, a principal of RRC will schedule an appointment to meet with you and discuss your objectives and expectations. Should the results prove to be mutually satisfactory, a client-agreement for provision of service will be signed and you shall become responsible for payment of the initial fee by wire transfer to an account held with HSBC. It must be remembered that a 'contractual relationship' is usually undertaken to succeed in achieving certain desired results. There is an underlying assumption that both parties have to perform specific duties for which they are responsible for completing. Applying for immigration is no less different. Inasmuch as RRC is responsible for the overall logistics and scheduling of pre-submission examinations, evaluations, assessments, preparation and presentation of facts and supporting documents, we are only as good as our clients' motivations and intentions allow for. To this end, the client is burdened with an important responsibility of honesty and integrity of character - without which the probability of success is remote at best!
The compilation of '20 Frequently Asked Questions' has been prepared for and on behalf of Resource Relocation Canada Limited by Stephen J. First, B.A., LL.B.(McGill), Barrister & Solicitor, of the Law Society of Upper Canada, expressly for the purpose of reference only by interested parties who may be contemplating the undertaking of Canadian immigration proceedings - and is not, in any way, intended to create a solicitor-client communication. |
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