Ziaie Law: News - ZIAIE PC, Barristers and Solicitors

Canada’s New Immigration Pilot for Rural and Northern Communities

7/2/2019

Canada’s goal to attract up to a million new immigrants over the next three years is well advertised and highly talked about. Even with the increased intake, the distribution of immigrants is still a real challenge. The vast majority of newcomers settle in the same three big cities and surrounding areas (Toronto, Vancouver, Montreal) such that the economic and social benefits of immigration do not necessarily reach all communities across Canada. In recognizing the particular challenges faced by smaller communities in attracting and retaining new immigrants, the federal government has announced the Rural and Northern Immigration Pilot for communities in Ontario, Western Canada and Canada’s three territories.

This is a unique program that will work with local communities to identify their needs and create an environment where the new immigrants will be welcomed and encouraged to stay in rural and Northern areas that need them. The program is based on the successful Atlantic Immigration Pilot (“AIIP”) program that was created in 2017 and has helped fill local market needs in the Atlantic provinces. AIIP allows employers in Atlantic Canada to hire foreign workers to fill positions if they have not been able to find the necessary workers locally. In 2018, AIIP allowed 2,500 foreign workers and international students to apply for permanent residence based on these offers from local employers in New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island.

The Rural and Northern Immigration Pilot will allow communities and organizations to target immigrants they need for specific jobs based on the needs of their local labour market. Communities that have a population of 50,000 or less if within 75km of a metropolitan area or less than 200,000 in more remote areas, may apply under this program if they can demonstrate: they have job opportunities, have an economic development plan and are able to settle new immigrants. Further it will be crucial for communities to have the support of local municipalities and immigrant-serving organizations. The program will be available to communities in Alberta, British Columbia, Manitoba, Northwest Territories, Nunavut, Ontario, Saskatchewan and Yukon.

The Rural and Northern Immigration Pilot shows the government’s recognition that the economic needs across the country are different and there is room to create unique programs to meet local needs. The ongoing challenge will be to see how well the program can be implemented and if the communities can effectively retain their new members on a going forward basis. Communities must submit their complete applications by 1 March 2019 and the successful communities will be revealed in Spring 2019.

Choosing An Immigration Representative

31/1/2019

Last week I wrote about your responsibilities when dealing with Immigration and Citizenship officials, particularly if you are dealing with them directly as a self-represented applicant. However, in many circumstances you may choose to have an representative to assist you with your immigration or citizenship matter.

The Canadian immigration and citizenship system is complicated and constantly changing. Each case is unique and the way in which laws and regulations apply to your case may be different than the case of other family members or friends. The difficulties in immigration applications are compounded by the fact that most applicants are not native English speakers. Unfortunately, there are many instances of fraud and scams that are perpetuated against those interested in coming to Canada either on a temporary basis as visitors, students or workers, or those interested in becoming immigrants.

Therefore, choosing a representative that can advise you and represent you competently is one of the most important decisions you can make in helping you navigate the immigration system and preventing mistakes that can lead to delays or the refusal of your application. Having a professional that is legally permitted to represent will mean that the representative has to meet regulatory requirements with regards to competence and ethics and if there are any problems you may have recourse to follow up your case.

Who Can Legally Represent
Any person that receives compensation from you in exchange for providing you with immigration advice or assisting you with your application must be declared in your immigration application as a “Paid Representative”. There are a limited group of professionals that are legally permitted to advise you in immigration matters and to prepare and submit applications on your behalf to Immigration, Refugees and Citizenship Canada (IRCC). These professionals are:

Lawyers who are members of the law societies in the provinces of Canada (and licenced notaries in the province of Quebec)
Immigration consultants that are members of the Immigration Consultants of Canada Regulatory Council (ICCRC)
In some instances, licenced Paralegals that are members of the Ontario law society

Canadian lawyers are permitted to represent you in all immigration matters including all levels of court and all types of immigration and citizenship applications. Immigration Consultants and licenced paralegals may also represent you in most immigration matters excluding appeals before the federal court of Canada. You can check whether a professional is licenced and is permitted to practice in one of these categories by checking the relevant website (in Ontario: www.lsuc.on.ca/find-a-lawyer-or-paralegal or www.iccrc-crcic.ca).

No other person or entity is permitted to represent immigrants or provide immigration related advice. There are unfortunately individuals and businesses that claim to provide immigration services without any of the safeguards that are in place for lawyers and immigration consultants. For example, unauthorized representatives (also referred to as “ghost consultants”) submit applications with your own name and contact information, without any mention of their role in preparing your application.

I have seen countless cases where ghost representatives have provided false information and even fraudulent documents resulting in refusals and findings of misrepresentation for their innocent clients. You should be aware that you are always responsible for all information and documents submitted to IRCC on your behalf and choosing a representative that is competent and ethical can make all the difference.

5 Tips In Choosing Your Immigration Representative

Ask for recommendations and check online reviews – before choosing a representative try to get recommendations from people that you trust. You can also try to search the name of the potential representatives online to see if there are any online reviews or information from past clients.
Ask about the representatives credentials and experience – when meeting with potential representatives make sure to ask about their credentials and specific experience in dealing with similar cases.
Discuss the services they will provide and negotiate the legal fee – make sure to understand what the process will include and the services that will be provided (as well as those that are excluded). You should also discuss the legal and government fees involved in your application upfront to avoid misunderstandings during the process.
Have a written contract with your representative – make sure to get the details of the services and fees in a written contract from your representative. Keep the signed contract in a safe place and if it includes milestones for the services to be provided make sure that you refer to it regularly to ensure that your application is proceeding as scheduled.
Protect yourself from fraud by choosing a representative that will represent you ethically – be weary if a representative invites you to take shortcuts as promises that sound too good too be true often are impossible to fulfil. Further you should never agree to provide false documents or information to IRCC as it is against the law and can result in you being denied entry to Canada.

Your Responsibilities When Dealing with Immigration and Citizenship Officials

24/1/2019

The visa, immigration and citizenship laws and procedures of Canada are complex. There are forms, guides, laws, regulations, manuals and so much more to consider when understanding how any particular type of application can be prepared or submitted. However, there are few guidelines for you when you want to know how you should interact with Immigration, Refugees and Citizenship Canada (IRCC) and what your responsibilities and rights when dealing with IRCC.

Below are the top 4 tips to help you when interacting with IRCC:

1. Always provide honest and accurate information
Honesty is always the best policy. It is a serious crime to lie or provide false information or documents IRCC. It is your duty to ensure that you provide truthful, accurate and complete information when submitting any kind of application to IRCC. Providing false, inaccurate or incomplete information is a form of fraud and is called “misrepresentation”.

Misrepresentation can take different forms. For example, misrepresentation can be when someone provides wrong work history dates, or even forgets to provide information of on previous refusals from 10 years ago. In more serious cases it involves providing fraudulent or altered documents. The consequence of a finding of misrepresentation are very severe: you may be forbidden from coming to Canada for at least 5 years, may lose your permanent residence or Canadian citizenship, may be charged with a crime and may be removed from Canada.

The important thing to keep in mind is that it does not make a difference if you provided the false information or documents yourself or someone provided them on your behalf. You are responsible for your application, even if you have a representative or someone who helps you prepare the application. Unfortunately, I have been increasingly contacted by people who have applied for Canadian visas with the help of agencies or other unauthorized representatives but then found out that they are now inadmissible to Canada because of misrepresentation in their application.

So whether you are applying yourself or using the services of a representative make sure that you check every single answer and document before you submit your application.

2.Record keeping
One tool that will be extremely helpful to ensure you are able to provide honest and accurate disclosure is to keep copies of all your forms and documents that you provide for future reference. It is difficult to remember details of your application if you do not have a copy of it and without a track record you may inadvertently make a mistake in future applications. IRCC keeps copies of all your applications and so you should also keep print or electronic copies of all your applications as well.

3. Know the Law - Ignorance is not an excuse
Ignorance of the law is not an acceptable excuse. Make sure that you fully understand the law and requirements before you submit an application or undertake any course of action. The excuse that you did not know the law will not help you when IRCC determines that have acted illegally. An example is the length of time you are permitted to remain in Canada with a visitor visa or the limitations on the amount of time you may work while you are a student. Make sure you understand the legal requirements and if necessary seek out professional legal advice.

And remember that while friends and family may have the best of intentions their advice and experiences in dealing with a situation will not necessarily apply to your case and may land you in trouble if you do not verify the information yourself or with a professional.

4. Make sure you are dealing with Ministry of Immigration, Refugees and Citizenship (IRCC)
Be very careful of scams and sources of information that are not directly from the government or licenced legal professionals. Unfortunately, there are many scams that try to either get money from you or steal your information and identity.

Here are some important things to help guide you if you think you may be facing a scam:

No one can guarantee you a job or a visa to Canada
Only immigration officers can decide to issue a visa
Processing fees are the same for all of our services in Canada and around the world. Fees in local currencies are based on official exchange rates. They are the same amount as fees in Canadian dollars.
IRCC will never ask you to deposit money into a personal bank account, transfer money through private money transfer service, threaten you or offer special deals to people who want to immigrate
IRCC never uses free email services, such as Hotmail, Gmail or Yahoo Mail to contact you
IRCC never calls people to demand payment by telephone

In addition, you should be very careful of scams asking for details of your credit card, bank account, passport number or social insurance number. If you are the victim of a scam you can report the information to the Canadian Anti-Fraud Centre but unfortunately your information and money are likely gone forever.

Realizing the Canadian Dream - Federal Government Increasing Funding for Immigrants to Connect with Canadian Job Market

9/1/2019

Canada’s immigration policies in attracting skilled workers over the past four decades have created a workforce that is highly educated. In fact, Canada currently ranks second in the world as approximately 60% of adults hold college or university degrees. In addition to the education opportunities available to Canadians this percentage is driven by the large percentage of educated skilled worker immigrants and their children who focus on education.

However, one of the challenges that Canada continues to face is matching the talent of new immigrants with the requirements of employers in the job market. Immigrants on average face a lower employment rate than their Canadian born counterparts and many professionals are unable to find work in their area of specialization. The introduction of the Express Entry system and reworking of the skilled worker programs has helped to alleviate this problem by selecting immigrants that already have either “Canadian Education” or “Canadian Work Experience”.

As more baby-boomers retire, Canada is facing record low unemployment numbers. According a recent Statistics Canada study, unemployment in working-age Canadians is approximately 5% and is just over 6% for immigrants. The good news is that as a result of these efforts, the employment gap between immigrants and Canadian-born workers is narrowing. However, as more baby-boomers are set to retire in the decade ahead, there is a large gap that must be filled by new immigrants.

The federal government announced last week that it is boosting funding for pre-arrival settlement services for new immigrants so that they will be job ready as soon as they become permanent residents. This includes $113 million that is being given to 16 organizations to provide immigration and settlement support to immigrants selected for immigration over the course of the next 4 years. The aim is that these organizations will connect with immigrants before their arrival in Canada to provide occupation-specific employment services to ensure that they have the best job prospects upon arrival in Canada. This includes assistance and guidance in applying for professional qualifications or valuable skill training.

The effect of this additional funding for immigrants is also positive in terms of attracting talented skilled workers across the globe to choose Canada instead of other potential destinations. In the same study Statistics Canada noted that while 59,000 native Canadians entered the workforce in 2017, almost 90,000 immigrants entered the workforce during the same time period. Therefore, it is clear that Canada is becoming increasingly dependent on immigrant skilled workers to meet its labour market needs. One of the ways in which Canada can compete with other countries for the available skilled workers looking to settle in a new country is by providing those who choose to come to Canada with assurance that they will be able to quickly enter the labour force and fulfill their potential in an accepting and prosperous country.

Canada's Immigration Developments in 2018

27/12/2018

The Minister of Immigration, Refugees and Citizenship, Ahmed Hussen , has had a busy year and 2018 has been filled with changes in Canada’s immigration programs including some positive developments that increase opportunities for applicants to apply for immigration and more easily maneuver the immigration system.

1) Canada Immigration Plan for 2019 to 2021 revealed – Canada is projected to admit more than a million new permanent residents over the next three years. The majority of these newcomers will be admitted under the economic classes, including federal and provincial programs. It is possible that the increased quota for newcomers under the economic programs may have downward pressure on the points under which applicants may be successful under the Express Entry system.

2) Expansion of Biometrics Program – Canada began rolling out its Biometrics program in 2013 but 2018 saw the expansion of the program to require biometrics from those who are applying for permanent residence visas as well as those who are applying for temporary visas. As a result of the expansion, most foreign nationals between the ages of 14 and 79 seeking either temporary or permanent residence to Canada have to provide biometrics data. For now, there are some exceptions, the biggest being for US citizens who wish to travel to Canada for work or study. The good news as part of the expansion is that biometric data will now be valid for 10 years from the date given and applicants do not need to provide biometrics with each application as long as their biometrics are valid during the 10 year period.

3) Increased Parent Sponsorship Quota – In August 2018 Canada announced an increase in the quota for the parent and grandparent sponsorship program from 10,000 to 20,000 in 2019. Unfortunately, the government has not yet released details for the 2019 program. But the good news is that the limited quotas of the past few years have allowed Canada to greatly reduce the backlog from a high of 167,000 applicants in 2011 to just about 25,000 in 2018. This will hopefully mean that application submitted in 2018 and 2019 should be processed faster than in previous years.

4) USMCA, the new “NAFTA” – In September Canada, US and Mexico finally agreed on the USMCA, the replacement agreement for NAFTA. While there were no significant changes to the temporary foreign worker provisions and professional work permits, it helps to settle the uncertainty that businesses faced when the future of NAFTA was up in the air and should aid businesses in continuing with cross-border trade and investment.

5) New DUI legislation will impact potential immigrants and permanent residents – New legislation came into effect on December 18, 2018 that increased the maximum sentence for those convicted of impaired driving from 5 to 10 years. This means that convictions for driving under the influence (DUI), whether from use of alcohol or drugs, will be guilty of “serious criminality” under Canada’s Immigration and Refugee Protection Act. For those who are foreign nationals with a conviction for DUI and want to travel or immigrate to Canada, they will now face additional criminal inadmissibility challenges. Furthermore, permanent residents who are convicted of a DUI, either in Canada or outside of Canada, will now be at risk of losing their permanent residence and being deported from Canada.

Immigration has been a big topic in the news for much of the past year, especially discussions around the future of immigration for Canada. The discussions are often heated and there is little distinction made between different types of immigration. With the federal general election scheduled for Fall 2019 we will all be watching with great interest to see how the government will handle immigration matters and the choice Canadians will make to shape the future of Canadian immigration in the next election.

Maintaining legal status as a temporary resident in Canada

18/10/2018

Every year, hundreds of thousands of foreign nationals are admitted to Canada as “temporary residents”. These may be tourists who are visiting under a visitor visa or an electronic Travel Authorization (eTA) if they are from a visa-exempt country. They may be students or workers in Canada temporarily. While many applicants are most concerned about the eligibility requirements to obtain such temporary visas to enter Canada, it is extremely important for temporary residents to understand the legal nature of their stay in Canada in order to maintain their status and ensure that they do not become inadmissible to Canada by breaching any conditions on their type of visa.

Having legal status means you are authorized to enter and remain in Canada as a temporary or permanent resident under the Immigration and Refugee Protection Act, as a Canadian citizen under the Citizenship Act or as a Registered Indian under the Indian Act. In the case of temporary residents, your status is valid for a specific period of time that is set out in your visa, study or work permit.

Apply for an extension before you lose your status
Each type of temporary visa has a different duration. For example a study permit may be for the duration of your studies in Canada. A work permit may be for the duration of the contract of employment you have with your employer in Canada. In the case of visitors you are generally permitted to stay in Canada for up to 6 months from the date of your entry (unless the officer indicates at the time of your entry that you are permitted to remain in Canada for a shorter period of time).

Irrespective of the type of temporary status you hold, you should be careful of the duration and ensure that you take appropriate steps to extend you status before your status expires. For example, if your studies are taking longer than your original study permit, you can apply to extend your study permit. In the case of visitors, you will need to leave Canada before six months or, if there is a reason why you need to remain in Canada, it is possible to apply for an extension of your status before the six months is up.
What if you miss the deadline to extend you status?
In some situations you may not be able to apply to extend your visa or apply for a new visa in time. Depending on your circumstances this may create serious problems with regards to your ability to extend your study permit or work permit and may even impact your eligibility for future visas. However, if you have missed your deadline to apply for a renewal by only a few days, there is a window of opportunity to be able to apply to restore your status for up to 90 days from the date of expiration of your visa or permit

A restoration application is very important as you must explain the circumstances that prevented you from complying with the conditions of your permit and you must meet all the conditions of your initial visa or permit. Applications are processed on a case-by-case basis and the 90 day deadline is very rigid. If you have missed your deadline you should immediately consult an experienced immigration lawyer to understand your options.
Application To Return to Canada (ARC)
In some cases, where a temporary resident has overstayed his or her authorized period to remain in Canada or did not comply with the conditions of his or her stay, the resident may be issued with a removal order. If you are issued with a removal order (which may be a departure order, deportation order or exclusion order) then you may no longer stay in Canada and it may also result in you becoming inadmissible for re-entry to Canada.
Depending on the reason you receive on the removal order you may be able to appeal the decision. However, once a removal order is final, in most cases you will need a special permission called an Authorization to Return to Canada (“ARC”) before you will be allowed to re-enter Canada.
ARC applications require that you demonstrate that there is a low possibility that you will repeat the behaviour that caused the order to be issued in the first place and your current situation as well as the reason you have for returning to Canada. The officer will also consider the reasons for which the removal order was issued and the amount of time that has passed since the order was issued. There is no guarantee that an ARC will be issued and by having the assistance of an experienced immigration lawyer you will be able to navigate the process and ensure that you submit the best application possible and have the highest chance of success.

Canada Citizenship Week -- Latest News in Citizenship Processing

11/10/2018

This week is Canada Citizenship Week and marks one year since the Bill C-6 came into effect last year introducing important changes in citizenship laws and regulations. So how have these changes been implemented over the past year and what impact has this had on those interested in obtaining Canadian citizenship?

Number of applications
The biggest change that came into effect in October 2017 was the reduction in time that permanent residents had to be physically present in Canada before qualifying for citizenship. The minimum time physically spent in Canada was reduced from 4 out of 6 years to 3 out of 5 years. As a result of this change, the number of applications for Canadian citizenship has doubled from approximately 100,000 in 2016-2017 to more than 240,000 in 2017-2018.

Processing time for citizenship applications
Since the changes in eligibility were introduced Immigration, Refugees and Citizenship Canada (IRCC) has maintained that routine applications will be processed within 12 months. Within the first year since the changes came into effect, IRCC estimates that 152,000 permanent residents have have obtained citizenship under these new rules and IRCC is trying to maintain its commitment to process applications within 12 months.

Top Tips for New Citizenship Applications
1) Verify your dates to ensure eligibility: in order to be eligible for Canadian citizenship you must have been physically present in Canada for at least 1,095 days in the past 5 years before you submit your application. You should check your dates based on your passport stamps and airline tickets. If you have travelled extensively to a country that does not stamp your passport you may consider applying for entry-exit records in order to have have a completely accurate list of all dates you were absent from Canada. Citizenship officers review all dates thoroughly and I have seen applications refused for being short just one day.

2) Check, check and check again: if you prepare your own application you should carefully check your application several times to ensure all questions are answered and that information provided is correct. And if you choose to have a representative prepare your application you should remember that you bear the ultimate responsibility for the information submitted on your behalf and should review your application before you sign the forms.

3) Complete supporting documents: by submitting all the required documents including copies of passports, proof of language ability, police clearances and so on, you will prevent delays in the processing of your application. You should also note that any documents that are not in English need to be officially translated. I advise all applicants that they should carefully review all translations to ensure that all information is correctly translated and avoid costly delays and issues that may arise from incorrect translations.

4) Be prepared for your citizenship test: if you are between 18 and 54 you will be required to undertake the citizenship test. The test is a serious matter and you have to get at least 15 out of 20 questions right in order to pass the citizenship test and you should adequately prepare by studying before your citizenship test.

5) If you receive a citizenship questionnaire seek assistance immediately: you may receive a citizenship questionnaire requesting additional documents and information after you submit your application. It is important to speak with an experienced immigration lawyer to understand the request and respond in a timely manner with all the information and documents requests.

Business Pathways: Provincial Nominee Programs

4/10/2018

Over the past few weeks I have written about the various business pathways in Canada including Quebec's business categories and the opportunities to obtain a work permit to operate their own business in Canada. In addition to these methods, most provinces across Canada also have specific programs to attract entrepreneurs.
Canada is facing a critical challenge. Due to its aging population it is projected that 75% of all small business owners will retire in the next 5-10 years. Add to this the fact that many provinces across Canada are facing negative population growth and it becomes clear why these provinces are taking important steps to attract and retain new immigrants, particularly those who will set up or buy existing businesses in the province.

This presents a unique opportunity for those who are interested in immigrating to Canada and would like to engage in a business activity that will lead to permanent residence. Each province has different programs based on their local needs however most of the provincial nominee programs for entrepreneurs incorporate the following three steps:

1- eligibility requirements: if you meet the minimum eligibility requirements and score required for each province you will be able to submit an initial application to be considered by the province. Your score will be assessed on factors such as age, education, work experience, management experience, business ownership experience, net assets and any connections you have to the province. However, even if you meet the minimum score, provinces will choose the highest overall scores from among all applications that they receive.

2- settlement in the province: once you are selected to proceed with your provincial application based on your high score, the province will support your application for a work permit to come to Canada in order to buy or set up your business in the province. The minimum investment that you must make will vary depending on your destination. Currently the lowest amount of investment required in your active business is at least $150,000. When you have settled in the province, made your active investment and managed it as an active business for at least one year, the province can nominate you to receive permanent residence.

3- application for permanent residence: after having completed step 2 and making your active business investment in the province you can finally submit your application to receive permanent residence in Canada. As with all other applications for permanent residence you will have to undergo medical and security checks. Once your application is approved you and your eligible family members will obtain permanent residence in Canada.

The provinces' goal in setting up their programs is to attract and retain immigrants. Therefore it is important to note that a province may withdraw its support for your permanent residence application if it finds out that you do not intend to reside in the province after you obtain your permanent residence.

The best advice I have for applicants who are interested in applying to a provincial nominee program is that they should do a lot of research before they finalize their decision. While I may be able to explain the differences between the various programs, ultimately you and your family will have to live and work in your chosen province. In order to help make your decision you should try to make an exploratory trip to the province as well as search business and living conditions online. The time you spend researching and developing your plans will not only help you to make the best decision but will also increase your prospects of success in reaching your goal of setting up a business and new life in Canada.

Immigration Pathways For Business Owners and Managers

6/9/2018

As a country built on immigration, Canada has been attracting entrepreneurs and investors from the start of its immigration story. Many of those initial entrepreneurs helped shape the early history of the country that we know today. In more modern times, Canada has adopted various business immigration programs since 1978 to attract entrepreneurs and investors and these programs have evolved over the past four decades.

The needs of entrepreneurs and investors are often different from those of other immigrants and these present a set of unique challenges for Canada's politicians and policymakers. Canada wants to select applicants who have a proven track record of success but is past performance the most important determinant of future success? Can a successful entrepreneur or investor that has spent a decade (or several decades) working outside of Canada replicate the same success in Canada? Setting up a new business in a new country can be a difficult task. You need access to local knowledge and networks, not to mention the local language. And will a successful entrepreneur want to stay in Canada and give up all that he or she has built outside of Canada.

The challenge for Canada's immigration system is to find the right balance between attracting successful entrepreneurs and making sure that the applicants that apply can and will stay in Canada to bring their knowledge, expertise and resources to Canada. And this is a serious challenge as demonstrated by the recent history of business immigration to Canada. Canada closed its long standing federal entrepreneur immigration program and investor immigration in 2014. The two programs that have since been introduced by the federal government (the Immigrant Investor Venture Capital Pilot Program and the Start Up Program) have received only a couple of hundred applications in the past five years.

At the provincial level, with the exception of the province of Quebec that still has an immigrant investor program, applicants can only apply under entrepreneur programs. As the population of many provinces continue to decline, there is a heightened need for provinces to retain newcomers. Therefore these entrepreneur programs have evolved into a two-step process where applicants must first spend time in the province (at least 1-2 years) and demonstrate that they can be successful entrepreneurs (set up and manage their own business with a minimum investment of $150,000 to $200,000) in Canada before they are able to apply for permanent residence. This new approach helps alleviate some of the concerns about the ability to choose applicants who will be able to replicate their success in Canada and remain in Canada.

So what are the options available to entrepreneurs and investors looking to relocate to Canada? Next week I will begin to review the current programs available, their eligibility requirements and how you can best prepare yourself to become a successful entrepreneur.

International Students Part 5 – Pathways to Permanent Residence Continued

23/8/2018

Sometimes it feels like Canada's regulations and programs for Permanent Resident change on a weekly basis. In truth there are more than a dozen programs available at both the federal and provincial level and these programs are constantly changing and evolving. The answer to whether you qualify for permanent residence in Canada may change from month to month and is wholly dependent upon your individual circumstances. Therefore, it is impossible to summarize all the possible pathways to permanent residence but below are the highlights of the main programs currently available for skilled workers.

Canadian Experience Class (CEC)
You may qualify to apply for PR under CEC if:

You have strong English or French Skills
Have at least one year of Canadian work experience at a skilled or managerial level

This program is managed through the Express Entry system and therefore the applicants with the most points will qualify and be selected from the Express Entry pool. There is no specific requirement for a post-secondary degree or to have a job offer but these can increase your points and thereby increase your chance of having a successful CEC application.

Federal Skilled Worker Class (FSW)
You may qualify to apply for PR under the FSW class if:

You have strong English or French Skills
Have at least one year full-time experience at a skilled or managerial level
Have completed at least secondary education

Again this program is managed through the Express Entry system and the higher your points the more likely you are to be successful. Given the minimum scores that have been selected over the past year, applicants who are younger, have extremely good language skills and have either worked or studied in Canada are the most likely to succeed in this category.

Federal Skilled Trades Class (FST)
You may qualify to apply for PR under the FST class if:

You have strong English or French Skills
Have at least 2 years full-time experience in a skilled trade in the past 5 years
You have an offer of employment for at least one year OR a certificate of qualification in that skilled trade issued in Canada

Similar to the FSW and CEC this program is managed through the Express Entry system and the higher your points the more likely you are to be successful.

Provincial Nominee Program
There are numerous programs to attract skilled worker in each province, and the province of Quebec has its own specific program for permanent residents. While the requirements of each of these programs differ they often require strong language skills as well as a connection to the province such as having completed studies there or having a job offer from a local employer.

Atlantic Immigration Pilot
The Atlantic Immigration Pilot (AIP) is a partnership between the Government of Canada and the four Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island) and the aim of the AIP is to attract and retain talent in these provinces by offering a faster path to permanent residence.

The AIP allows employers in these provinces to hire qualified candidates for jobs that they have not been able to fill locally. In order to qualify you must have a job offer from a local employer and fall under one of the three programs: High-skilled Program, Intermediate-skilled Program and International Graduate Program (for those who have studied in one of the provinces).

Each step that you take will impact your ability to qualify under any of these programs in the future. Therefore if you are interested in planning out your pathway to permanent residence you should speak with an experienced immigration lawyer as soon as possible.