Canadian Immigration Law

Adaptability
A maximum of 24 points can be awarded for Adaptability under the Skilled Worker selection criteria. Points in this category are awarded based on an applicant's ability to adapt to life in Canada, and includes factors such as:

Spouse's education or work history
Work or educational experience in Canada
Arranged employment in Canada
Family relations in Canada

Age
A maximum of 10 points can be awarded for Age under the Skilled Worker selection criteria. The maximum ten points will be awarded for those between 21-49 years of age, with a decrease of 2 points for each year of age under 21 or over 49.

Annulment
Annulment, unlike divorce, effectively means that a marriage never existed. Annulment is justified in Canada on grounds of any of the following factors, including:

Approved Testing Organizations
To fulfill language requirements for Skilled Worker immigration, language tests are required from approved testing organizations.

The following are approved testing organizations:

For English language testing:

The International English Language Testing System (IELTS), administered by he University of Cambridge Local Examination Syndicate, Education Australia, and the British Council; or The Canadian English Language Proficiency Index Program (CELPIP), administered by the Applied Research and Evaluation Services (ARES), University of British Columbia

For French language testing:

The Test d'evaluation du Francais (TEF), administered by The Paris Chamber of Commerce and Industry

Arranged Employment
A Skilled Worker applicant may be awarded up to 10 points towards their application if they have an arranged employment. To be awarded points under this category, the applicant must have either:

A permanent job offer from a Canadian employer, approved by the Canadian Government Department of Human Resources and Skills Development Canada (HRSDC); or A permanent job offer from a Canadian employer, without the necessity of HRSDC approval, if, at the time of applying for the Canada Immigration Visa, the applicant is employed in Canada by the same employer, on one of the Temporary Work Permits that allow for arranged employment.

Arranged Marriage
Marriages in which spouses may not have met before being married are still valid for Family Sponsorship purposes, as long as the marriage meets the other requirements of a valid marriage.

Committing an "Act"
Criminal inadmissibility applies to individuals who have committed a criminal act outside of Canada. Committing a criminal act is distinguished from being convicted for a criminal act, and applies to individuals who are suspected of criminal activity outside of Canada but have not yet been tried in a court of law. However, those who have not been convicted as a result of a court finding them not guilty of committing a criminal act are still admissible to Canada.

Common-Law Partner
A Sponsored person is defined a common-law partner if they can demonstrate co-habitation with their sponsor in a conjugal relationship for at least one continuous year, other than absences for business or family reasons. Common-law partners can be of either opposite-sex or same-sex.

Conjugal Partner
A Sponsored person is defined as conjugal partner if:

Exceptional circumstances beyond their control have prevented them from qualifying as common-law partners or spouses, such as immigration barriers or legal restrictions limiting divorce or same-sex relationships; and
They have had a mutually dependent relationship for at least one year with the same level of commitment as a marriage or a common-law union.

This can require a demonstration of:

Emotional ties and intimacy
Financial closeness, such as joint ownership of assets or mutual financial support
Efforts to spend time together and reunite
Conjugal partners can be of either opposite-sex or same-sex.

Co-signer
Under the Family Sponsorship category, if the Sponsor is unable to demonstrate a financial ability to provide for the essential needs of the Sponsored Person (s), his or her spouse, common-law partner, or conjugal partner may act as a co-signer, if:

Their combined income meets the minimum necessary income; and
The co-signer meets all the other sponsorship requirements

Cost-recovery Fee
Also known as: Government Processing Fees. Each person applying for a Canada Immigration Visa must pay this processing fee, including:

The principal applicant
An accompanying spouse, common-law or conjugal partner; and Dependent children.

Once the Canadian Immigration Visa Office has begun screening an application, the fee becomes non-refundable, although it remains refundable anytime before that point.

Criminality
This category of criminal inadmissibility applies to those who have been convicted inside Canada of an indictable offense punishable by a sentence of less than ten years, or those who committed an equivalent offense outside Canada that would be punishable by ten years if the act had been committed in Canada.

Criminal Equivalency
In determining whether an individual is criminally inadmissible, Citizenship and Immigration Canada (CIC) will assess the individual's criminal record in respect of the criminal code of Canada. A criminal act committed outside Canada will first be compared to an equivalent act in the Canadian criminal code. The act committed outside Canada will then be considered to have received the punishment that would have been received had it been committed in Canada, regardless of the actual punishment issued in the country where the act occurred.

Criminal Inadmissibility
Individuals wishing to enter Canada either permanently or temporarily as visitors, foreign workers and international students may be denied entry if they or their dependents are deemed criminally inadmissible. A person may be considered inadmissible on the grounds of either:

Criminality; or
Serious criminality

Criminal Rehabilitation
Individuals with a criminal record that renders them criminally inadmissible may still enter Canada if they qualify as criminally rehabilitated under:

Deemed rehabilitation; or
Individual rehabilitation

Danger to Public Health
Under this category of medical inadmissibility, an individual may be denied entry into Canada if they have a medical condition that may endanger public health or safety, such as a highly contagious disease.

Deemed Rehabilitation
Persons who are inadmissible to Canada on grounds of criminality may still be permitted to enter Canada if they qualify for deemed rehabilitation. Deemed rehabilitation depends on simple passage of time after the completion of a sentence. For indictable offenses, ten years must have elapsed after the completion of a sentence; for two or more summary offenses, five years must have elapsed.

Designated Medical Practitioner
Medical examinations for the purpose of applying for a Canada Immigration Visa will only be valid if a designated medical practitioner performs them, as certified by Citizenship and Immigration Canada (CIC).

Dependent Child
A dependent child means a child who is:

Under 22 and unmarried on the date the application for sponsorship is submitted (and still unmarried on the date the child lands in Canada); or
Of any age or marital status and a continuously enrolled full-time student, who is financially dependent on his or her parents since before the age of 22 (or since becoming a spouse or common-law partner, if this happened before 22); or
Is financially dependent on a parent since before the age of 22 because of a disability.
Students who interrupt their full-time studies for less than one year in total and remain financially dependent upon their parents during that time will still be considered "dependent children".

Education
A maximum of 25 points can be awarded for Education under the Skilled Worker selection criteria. Points in this category are awarded based on the type of degree attained and the length of time spent studying.

Educational Credential
An educational credential is any degree, diploma, apprenticeship or trade credential issued on the completion of a program at an educational or training institution. That institution must be recognized in the country where the credential was issued by the authorities responsible for regulating such institutions.

Eligible Relative
To be eligible for sponsorship, the sponsored relative must be the sponsor's:

Spouse, common-law partner, or conjugal partner; or
Parent or grandparent; or
Dependent child; or
Orphaned, unmarried, and under 18 years of age brother, sister, nephew, niece, or grandchild; or
Intended adopted child under 18 years of age; or
Other relative, if the Sponsor has no relative listed above and no relatives who are Canadian citizens or Canadian permanent residents (limited to one relative only).

Essential needs
Essential needs are defined as:

Food, clothing, shelter and other basic requirements of everyday living Dental and eye care and other health needs not covered by public health services available to all Canadian citizens and permanent residents

Excessive Demand
Under this category of medical inadmissibility, an individual may be denied entry into Canada if they have a medical condition that would cause excessive demand on health or social services in Canada. However, if a dependent would cause excessive demand on health or social services in Canada, entry to Canada may still be granted if that dependent is the immigrant's: Spouse, common-law partner, or conjugal partner; or
Dependent child

Family Class
Canadian citizens and permanent residents may sponsor close relatives to come to Canada under the Family Class (Family Sponsorship category). To be granted permanent residence, the sponsored person must have a valid sponsor who meets the sponsorship requirements.

Family Members
For immigration purposes, a person's family member means a:

Spouse or common-law partner;
Dependent child;
Spouse's or common law partner's dependent child; and
Dependent child of a dependent child

Federal Skilled Worker
This category allows immigrants with skills and experience to gain permanent residency in Canada. Federal skilled workers are assessed on six selection criteria to determine their eligibility for permanent residence.

Financial Ability
Sponsors must demonstrate that they have the financial ability to provide for the essential needs of the sponsored person and their dependents. To meet the financial ability requirements, the sponsor must satisfy the minimum income requirements. The Sponsor is freed from this requirement if:

The individual requiring sponsorship is the spouse, common-law partner or conjugal partner of the Canadian Sponsor; or
The individual requiring sponsorship is the dependent child of the Canadian Sponsor

Full-time Student
To be considered a Full-time student for the purposes of being a dependent child under the Family Sponsorship category, the student may need to demonstrate that:

They are enrolled at a valid post-secondary institution; and
Attending this institution is the dominant activity in the life of the student

Full-time Study
To be considered full-time, studies must be at least 15 hours of instruction per week during the academic year, including any training in the workplace required as part of the program.

Full-time Equivalent
Part-time or accelerated studies will be considered equivalent to full-time studies if they are equal to the total amount of time required to complete those studies on a full-time basis.

Hybrid Offence
A hybrid offense is an offense that may be prosecuted in Canada either by way of indictment or summary conviction. A conviction for an act outside Canada that is equivalent to a hybrid offense in Canada will be considered an indictable offense for immigration purposes. Even if the conviction was a summary conviction in the location where it occurred, it will still be considered an indictable offense by Citizenship and Immigration Canada (CIC) as long as the offense is equivalent to a hybrid offense in Canada.

Individual Rehabilitation
Persons who are inadmissible to Canada on grounds of serious criminality and anyone else who does not qualify for deemed rehabilitation may still enter Canada if they qualify for individual rehabilitation. Under individual rehabilitation, simple passage of time after the completion of a sentence is not enough to qualify for rehabilitated status. To qualify, the rehabilitated person will be assessed according to the rehabilitation factors.

Immigration Medical Examination
In order to satisfy the medical requirements for permanent residency, applicants and their dependents must undergo medical examinations from a designated medical practitioner. The medical examinations must be medically valid at the time permanent residency is granted.

Language Skills
A maximum of 24 points can be awarded for Language Skills under the Skilled Worker selection criteria. Points in this category are awarded based on writing, speaking, reading, and listening proficiency in either English or French.

Lock-in Age
The "lock-in age" refers to the point when the age of dependent children included in the application are locked in for the purpose of age requirements. The dependent child's age is locked-in the moment the sponsorship application and fees have been received by the Canadian Immigration Visa Offices, meaning the child must be under 22 years of age the day the completed application is received.

Medical Inadmissibility
Individuals wishing to enter Canada, either permanently or temporarily as visitors, foreign workers and international students, may be denied entry if they or their dependents are deemed medically inadmissible. A person may be considered inadmissible if they:

Are a danger to public health or safety; or
Would cause excessive demand on health or social services in Canada

Medical Validity
Medical examinations used for satisfying medical admissibility requirements may only be used for 12 months from the date when the examination occurred. If an applicant for permanent residence is not admitted to Canada as a permanent resident within this time, they will be required to have another medical examination.

Minimum Income Requirement
To determine if a Sponsor's total income is sufficient for financial ability requirements, deduct the following from the total family income:

Workmen's compensation board payments, except for permanent disabilities
Payments from provincial or municipal sources for welfare assistance
Payments from federal, provincial or municipal sources for employment training, or for any social or welfare benefits which are not of a fixed and continuing nature All debts
For those residing in Quebec, there is a different Quebec minimum income requirement.

Minimum Work Experience Requirements
To be eligible to apply as a Skilled Worker, a person must meet the minimum work experience requirements of at least one year of full-time paid work in the past ten years, in the Skill Type O or Skill Level A or B of the National Occupational Classification.

National Occupation Classification (NOC)
The National Occupation Classification (NOC) is the official Canadian government classification system of occupations. It describes duties, skills, aptitudes and work settings for occupations in Canada. Only occupations in Skill Type 0 or Skill Level A or B of the NOC will be considered for Canadian immigration purposes.

Non-accompanying Family Members
Canadian immigration requirements apply to applicants and their dependents regardless of whether those dependent family members are accompanying them or not. Non-accompanying family members must still:

Pass examinations to show they are medically admissible to Canada; and
Not be criminally inadmissible to Canada; and
Have a Sponsor who has the financial ability to provide for both accompanying and non-accompanying family members

Occupational Experience
A skilled worker is considered to have occupational experience in a particular occupation if they have performed:

All the actions established in that occupation's introductory description in the National Occupational Classification; and
All the essential duties established in that occupation's occupational description in the National Occupational Classification; and
At least a substantial number of the main duties in that occupation's occupational description in the National Occupational Classification

Pass Mark
To qualify as a Skilled Worker, an applicant must receive a pass mark of 67 points based on the selection criteria. While it is generally difficult to qualify as a Skilled Worker with a score under 67, Canadian Immigration Visa Officers are authorized to use substituted evaluations if they believe that a score is not indicative of the applicant's ability to become economically established in Canada.

Physical Residency
Physical residency within Canada is required of all Sponsors under the Family Sponsorship category. The only exception to this requirement is for Canadian citizens sponsoring a spouse, common-law partner, conjugal partner, or dependent child, with a demonstrated intention to reside in Canada by the time the Sponsored family member lands in Canada.

Police Certificate
Applicants for permanent residence are required to provide police certificates from their country of current residence and from each country in which the applicant has resided for more than 6 months since his or her 18th birthday. These certificates can generally be obtained from law enforcement agencies and are used to provide Citizenship and Immigration Canada (CIC) with the applicant's criminal history.

Polygamous Marriage
Polygamous marriages occur when either of the spouses already has a spouse, and has gone through a further marriage ceremony without divorcing. For Canadian immigration purposes, the first marriage is the only one that will be recognized.

Post-secondary Institution
A post-secondary institution will be considered valid under the full-time student requirements for dependent children if the school is recognized by the state's relevant educational authority as a post-secondary institution, or, in the absence of formal state recognition, if it can be demonstrated to a Canadian Immigration Visa Officer that: The institution provides a formal education primarily designed to provide entry into the workforce or prepare for advanced studies; A degree or diploma is issued from the institution following the completion of a certain number of required credits; and The institution has a regular curriculum and buildings devoted primarily to education or training

Processing Priorities
Certain categories of applications for Family Sponsorship are processed faster than others. Specifically, sponsorship applications will be processed faster if they are for:

Spouses, common-law partners, or conjugal partners; or

Program Integrity
A Canadian Immigration Visa Office may, on its own, transfer a visa application to a different Canadian Immigraiton Visa Office. This is done because it is thought that the transferee Visa Office is in a better position to carry out a proper assessment of the visa application, because of local knowledge of documents and security issues.

Provincial Nomination
Skilled worker and other applications for a Canada Immigration Visa can also be made under the Provincial Nomination Program, which allows provinces to nominate immigrants they believe will contribute to the economic vitality of their province. The selection criteria is determined by individual provinces, but in many cases it is similar to the selection criteria for Federal Skilled Workers.

Provincial Nomination Certificate
The Provincial Nomination Certificate is a document issued by Provincial authorities indicating that the person designated on the certificate has been selected to reside within the territory of that province. The certificate is not a Canada Immigration (Permanent Resident) Visa and cannot be utilized for entry into Canada.

Quebec Certificate of Selection (CSQ)
The Quebec Selection Certificate (CSQ) is a document issued by Quebec Immigration authorities (Immigration et Communautйs culturelles) indicating that the person designated on the certificate has been selected to reside within the territory of the Province of Quebec. The CSQ is not a Canada Immigration (Permanent Resident) Visa and cannot be utilized for entry into Canada.

Quebec Minimum Income Requirement
For Sponsors residing in Quebec, the financial ability criteria requires the Sponsor to prove a steady income that has consistently exceeded the low income cutoff over the last 12 months.

Quebec Skilled Worker
Those immigrating to Quebec as Skilled Workers must apply directly to Quebec. Quebec Skilled Workers are assessed on a selection grid slightly different that that used for Federal Skilled Workers, with a greater emphasis on labour market factors such as education, language skills, occupational mobility, and employability.

Rehabilitation Factors
To qualify for individual rehabilitation, an individual must wait five years after the completion of their sentence before applying and demonstrate that they have been rehabilitated and are no longer a risk for criminal activity. This may require demonstrating:

A stable lifestyle
Community ties
Social and vocational skills
That the criminal offense was an isolated event

Relationships of Convenience
Citizenship and Immigration Canada Officers have the discretion to deny permanent residency to any Family Sponsorship application if they believe that the application was based on a relationship of convenience. A relationship of convenience may be any marriage, common-law relationship, or conjugal relationship that Citizenship and Immigration Canada Officers believe was undertaken solely for the purpose of immigrating to Canada. In all sponsorship applications, genuineness of the relationship in question must be demonstrated to the Canadian Immigration Visa Officer.

Restricted Occupations
Restricted occupations cannot be used to satisfy the minimum requirements for Skilled Workers, nor can points be awarded for work experience in a restricted occupation. Restricted occupations are defined by the government and differ over time.

Right of Permanent Residency Fee
In addition to the cost-recovery fee necessary to have a permanent residency application processed, successful permanent residency applicants must also pay a Right of Permanent Residency Fee (RPRF). This fee applies to: The principal applicant; and Any accompanying spouse, common-law or conjugal partner.

The RPRF can be paid at any time during the application process, but it must be paid before the Canada Immigration Visa is issued. Persons who have already paid the RPRF may be refunded if they:

Are not granted a Canada Immigration Visa; or
Cancel their permanent residency application; or
Are granted a Canada Immigration Visa but decide not to come to Canada

Selection Criteria
Each application under the Skilled Worker category is evaluated based on six selection criteria. Each selection category allows for a maximum number of points that may be awarded to the applicant, for a maximum total of 100 points in all categories. If enough points are awarded in combination from the six criteria, a pass mark will be achieved. The six selection criteria are:

Education
Language Skills
Work Experience
Age Arranged Employment
Adaptability

Serious Criminality
This category of criminal inadmissibility applies to those who have been convicted inside Canada of an indictable offense punishable by a maximum sentence of at least ten years, or those who committed outside Canada an indictable or hybrid offense that would be punishable by ten years if the act had been an equivalent offense committed in Canada.

Settlement Funds
Immigrants applying for permanent residence must prove that they have sufficient funds to support themselves and their family once in Canada. The funds must be transferable and net of debts or other obligations. The requirement for settlement funds is waived if the applicant has arranged employment in Canada.

Sponsor
A Sponsor is a Canadian citizen or permanent resident who is willing to sponsor an eligible relative to become a Canadian permanent resident. The Sponsor must also meet the sponsorship requirements.

Sponsorship Agreement
Under the Family Sponsorship category, the Canadian sponsor must enter into a Sponsorship agreement with: The Government of Canada or Quebec, whereby he or she agrees to provide the Sponsored person(s) with their essential needs for a proscribed period of time; and The Sponsored relative (if over 22 years of age and not elderly), whereby the Sponsor promises to support the Sponsored person(s) for a proscribed period of time, and the Sponsored person(s) promises to make every effort to become self-supporting

Sponsored Person
A Sponsored person is an immigrant who has applied for permanent residence under the Family Sponsorship category and is an eligible relative of their Canadian Sponsor.

Sponsorship Requirements
In addition to being a Canadian citizen or permanent resident, a Sponsor must:

Demonstrate a financial ability to meet the essential needs of the sponsored person and their dependents; and
Enter into a sponsorship agreement with the Sponsored person and the government of Canada
Have physical residency in Canada

In addition, the Sponsor must be: at least 18 years old; not in prison; not bankrupt; not under a removal order if a permanent resident; and not charged with a serious offence.

Spouse
A Sponsored person is defined as a spouse if they are married to their Sponsor and their marriage is legally valid. The marriage is valid if a Certificate of Marriage was issued by the province or territory where the marriage took place Based on interim policy, same-sex marriages are valid for sponsorship of a spouse.

Substantially Financially Supported
In order to qualify as financially dependent for the purposes of dependent children under the Family Sponsorship category, a child must have financial support of real importance from their parents. This may include paying a substantial portion of tuition, or room and board. Small earnings from scholarships or part-time jobs will not disqualify a child from being considered substantially financially supported.

Substituted Evaluation
Substituted evaluations may be used by Canadian Immigration Visa Officers when they believe that an applicant's selection criteria score is not a good indicator of the applicant's ability to become economically established in Canada. This allows the Canadian Immigration Visa Officer to set aside the applicant's score and determine, based on their own judgment, the validity of the Skilled Worker's application.

An application may be open to substituted evaluation if:

The applicant has a score below the pass mark but the Canadian Immigration Visa Officer believes the applicant is well-suited to becoming economically established in Canada; or
The applicant has a score equal to or above the pass mark but the Canadian Immigration Visa Officer does not believe the applicant is suited to becoming economically established in Canada

Temporary Resident Permit
A Temporary Resident Permit (TRP) may be granted to an otherwise criminally inadmissible person, allowing them into Canada for a limited period of time. However, a TRP will only be granted if the danger to the Canadian public is outweighed by the criminally inadmissible person's need to be in Canada. Therefore, both the seriousness of the person's prior offense(s) and the legitimate urgency of their need to enter Canada (such as visiting a dying relative) will factor into the decision.

Work Experience
A maximum of 21 points can be awarded for Work Experience under the Skilled Worker selection criteria. Points in this category are awarded based on the number of years spent working in jobs that meet the standards set by the National Occupation Classification (NOC).