Canadian FAQs

• Immigration to Canada - How?
• Immigration to Canada - What is the quickest way?
• Immigration to Canada - Do I have to have a solicitor?
• So which is the best approach for me?
• What are the main differences between US immigration and Canadian immigration law?

• Q1. Immigration to Canada - How?
  • A1. In most instances immigration to Canada is a two-step process. That is because it takes so long to get permanent resident status and most immigrants don't want to wait several years to begin living and working here.

  Normally then, the first step is obtaining a temporary non-immigrant work visa. A "visa" is an immigration document that allows a foreigner to enter Canada. By obtaining a work visa the  foreigner can enter and work in Canada fairly quickly, usually within a few months, if not sooner. The worker's family usually enters Canada with the worker and is allowed to live in Canada for the same length of time as the worker. Children are allowed to go to school and in certain instances, because Canada wants to encourage the growth of the high tech sector, spouses are allowed to also take up jobs. The foreigner's temporary work status may or may not be linked to an immigration application for permanent landed resident status in Canada.

  The second step is getting what is called landed immigrant status. This usually takes a year or so. Family class applications involving close relatives of Canadian citizens and permanent residents also take more than a year although sponsorships involving spouses and fiances can be quicker.

• Q2. Immigration to Canada - What is the quickest way?
  • A2.That depends on what you mean by "immigrate". You can move to Canada and begin living and working there very quickly with a temporary work visa. But such a visa does not allow you to stay here forever. If, however, by "immigrate" you mean move to Canada forever, then the timing will usually be significantly longer. We have already mentioned previously that most immigration to Canada involves a two-step process. Usually immigrants get a temporary work visa first, and then get their permanent immigrant status.

    The quickest temporary visas that will get you into Canada are the work visas for professionals under the North American Free Trade Agreement (NAFTA). If you are a citizen of the United States or Mexico, such a visa can be obtained within a few weeks or even sooner. Other quick visas include working visas for executives and managers transferring from an affiliated company outside Canada to an affiliate in Canada. These might take a couple of weeks. Then there are the high tech executive and managerial employee visas as well as entertainment and sports visas that again will take a few weeks as well. Again, these are all non-immigrant working visas that will allow you and your family to move to Canada, and include the right for your children to attend Canadian schools. Spouses can work on these visas in many instances. Applicants who can demonstrate a significant benefit to Canada in their application to work here will be given work visas quickly. Two other excellent visas for Canada are the caregiver visa and student visa both of which provide fast access to the country for those who are qualified.

    The quickest permanent immigration applications are those dealing with close family members, independent immigrants and the business categories which include investors, entrepreneurs and self employed immigrants. Canada's immigration policy is governed by a point system in which would-be immigrants are assessed by scoring various points for desirable traits according to Canadian immigration law. Probably the most popular way of immigrating to Canada is to apply as a skilled worker immigrant if you can score enough points to qualify. Skilled worker applicants must score 67 out of a possible 100 points. The business applicants are also assessed on a modified point evaluation system. The timing for these applications varies but can stretch from say six months to several years. Spouses and fiances have special fast track consideration. Business immigrants tend to get status sooner than independent applicants.

• Q3 Immigration to Canada - Do I have to have a solicitor?
  • A3.The quick answer is no. But that is not the complete answer.

    Owners of houses do not have to have a real estate agent to sell their house but most owners do. Taxpayers do not have to use accountants to file income taxes but many taxpayers do. Families can cook their own suppers but often prefer to go to a restaurant and have somebody else cook for them. You do not have to go to a surgeon if you have appendicitis - you could do the surgery yourself - but would that be a wise choice? In all these instances turning to somebody else often makes sense because that person can facilitate a solution or help you resolve your problem. Immigration is no different.

    Sometimes the involvement of an immigration lawyer is met with reluctance or even disdain on the part of immigration officials or others. Lawyers are sometimes resented for charging clients fees for preparing applications that government officials provide to the public for free and which can be filled out and returned to the Citizenship and Immigration Department by the applicants themselves. Officials feel the forms are simple enough that the clients should be able to complete them without the aid of lawyers and resent having to explain things to lawyers who charge their clients for their work and then ask the officials for help. But are immigration lawyers any different than accountants, for example, who fill in government income tax forms and consult with government officials to properly do their work? Immigration lawyers provide services very similar to the services of other professionals who are not resented or condemned.

    Many of our clients have commented on how hard it is to contact Canada Immigration about their case and how helpful it has been to have us follow through for them. They recognize the importance of using a Canadian immigration lawyer when it comes to filing Canadian immigration applications.

• Q4 So which is the best approach for me?
  • A4.The best approach for you depends on your circumstances. But we would suggest that after looking at the options available on our website you schedule a consultation with Mr. Semotiuk to confirm that you have chosen the best alternative and to find out more about the process. You can review the FAQs we have listed below that will answer any questions about Canadian immigration that you may have.
    
    
• Q5 What are the main differences between US immigration and Canadian immigration law?
  • A5.The most important difference is in the attitude of the two countries towards new immigrants. Generally speaking the United States State Department takes the view that there are enough people in the U.S.A. The feeling is that America does not need any more people. That is why, by and large, the American government does not publish brochures on how to immigrate to the United States and what steps are required. Immigration in the United States is seen as a tool to help the economy. Apart from family reunification and political asylum cases, immigrants are seen as needed only insofar as they can help American employers expand their business. Economic immigration is geared to the workplace and any skill shortages that exist.

    While Canada also has geared its economic immigration to the Canadian market, Canadian government attitudes are not quite as restrictive when it comes to new immigrants as U.S. attitudes can be. Canada is a wide open country that still has a need of new immigrants - at least more so than the United States. By and large there is not the congestion, the density of population, the gridlock associated with large populations in big cities that is found in the United States. These factors all influence the immigration process.

    Another difference is America's reliance on work-related visas verses the Canadian point system. In the United States immigration is based on the job offer. The job offer is at the frontof immigrant visa processing. This is not entirely the case in Canada. Canadian immigration operates on a point system. Would-be immigrants are assessed on the basis of points for various positive attributes such as age, language skills, occupation and work experience. Immigrants who have a desirable occupation can actually immigrate to Canada without a job to go to. Examples might include the therapy professions, and certain welders and mechanics. The same is true for Canadian business immigration. In the United States business immigration is still closely associated with job offers - except for investors. In Canada, however, entrepreneurs and self employed business persons can immigrate without job offers.

    Two other important contrasts are worth noting. American immigration often involves an adjustment of status from a temporary work visa to permanent resident status in the country. There is no equivalent process in Canada. Canada discourages attempts to immigrate from within the country. America tolerates it. The two-step process is more related to American immigration than Canadian: first one obtains a temporary work visa then adjusts to permanent status. While this can happen in Canada it is more the exception than the rule.

    The last important difference is in the area of caregivers. The American caregiver program is riddled with difficulties involving labor certifications. The Canadian caregiver program is a model of a good immigration program for all countries to follow. It is the only program we are aware of that actually enables those without money or status to earn their way into Canada by working two years for a family that needs a caregiver.