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Guide for Independent Applicants
TABLE OF CONTENTS
OVERVIEW This package is separated into two components. The Guide for Independent Applicants provides information on how to qualify as an independent immigrant (see Important Words to Know) and contains information regarding our selection criteria, including how to assess your chances of qualifying. The Application Kit for Independents [1] explains how to apply for permanent residence in Canada as an independent immigrant and provides all of the necessary instructions and forms. We recommend that you refer to the guide before submitting your Immigrant Application Form (Application for Permanent Residence in Canada) (IMM 0008). While the information in this guide and kit is for immigration to any place in Canada, some provinces work in cooperation with the Government of Canada to select their own immigrants. If you wish to reside in the province of Quebec or are nominated by a province under the Provincial Nominee Program by Newfoundland, New Brunswick, Manitoba, Saskatchewan or British Columbia, please refer to our Guide for Independent Applicants: For candidates selected by Québec or candidates nominated by provinces under the Provincial Nominee Program, which is available on the following web site: http://www.cic.gc.ca, or from one of our visa offices. If you have not been selected by the province of Quebec or nominated by one of the provinces mentioned above, then you should use this kit. Separate application kits are also available for business and family class immigrants. A business immigrant is an individual who enters Canada as an investor, entrepreneur or self-employed person. Family class immigrants are sponsored to come to Canada by a relative such as a parent, fiancé(e) or spouse. Applicants in all categories must meet strict definitions and requirements. If you think you may qualify in one of these categories and you wish to apply in that category, you must obtain the appropriate kit, available on the following web site: http://www.cic.gc.ca, or from one of our visa offices. All application kits contain three sections:
The time needed to process an independent immigrant application may vary among visa offices and from one applicant to another. Applicants may be interviewed.
IMPORTANT WORDS TO KNOW Accompanying dependent: A spouse or a dependent child of the principal applicant who intends to obtain permanent resident status in Canada. Accompanying dependents can travel separately from the principal applicant but must not arrive in Canada before the principal applicant. Arranged employment: A guaranteed job offer from a Canadian employer that has been validated by a Human Resources Canada Centre certifying that no suitably qualified Canadian or permanent resident is available to fill the position. Background check: Checks conducted by Immigration Canada in all countries in which you and your dependents have lived, to determine if you have any arrests or convictions or are a security risk to Canada. Certificat de sélection du Québec (CSQ): A document issued by the Ministère des Relations avec les citoyens et de l'Immigration (MRCI), indicating that an immigration candidate has been accepted to live in the province of Quebec upon arrival in Canada. Close relative: The brother, sister, mother, father, grandparent, aunt, uncle, niece, or nephew of the principal applicant or his/her spouse. Cost Recovery (CR) fees: Fees established to enable Immigration Canada to recover a portion of the cost of processing an application. A refund cannot be issued should the application be refused, as the fees apply to the processing of an application and not the issuance of a visa. Dependent: A spouse or a dependent child of the principal applicant. Dependent children: Daughter(s) and/or son(s), including a child adopted before the age of 19, who:
General Occupations List: The list of occupations that are in demand in Canada and can absorb newcomers to Canada. Human Resources Canada Centre: Local office of Human Resources Development Canada (HRDC), which provides advice on local labour market conditions and job opportunities. Independent immigrant: A person with specific occupational skills, experience, and personal qualifications, who meets Canada's selection criteria and is accepted to immigrate to Canada. Non-accompanying dependent: A spouse or dependent child of the principal applicant who does not intend to immigrate to Canada. Permanent resident: A person lawfully in Canada as an immigrant who is not yet eligible for, or has not yet been granted, Canadian citizenship. Provincial nominee: A person nominated by a province and holding a nomination certificate. Right of Landing Fee (ROLF): A fee paid to obtain permanent residence in Canada. The fee is partial compensation for the many benefits and privileges that permanent resident status confers. It is to be paid by any person 19 years of age or over who is granted permanent residence in Canada. Spouse: A person of the opposite sex to whom the applicant is legally married. Visa office: A Canadian immigration office outside Canada, located at a Canadian Embassy, High Commission, or Consulate.
HOW
TO ASSESS WHETHER Your occupation must be listed on the accompanying General Occupations List (see Important Words to Know) unless you have arranged employment. It is important to note that job titles in your country may not correspond to the same position in Canada. All occupations are assessed against Canadian standards for that occupation. Many require licensing and you should provide evidence that your qualifications meet the required standards when you submit your application. The attached General Occupations List shows the National Occupation Code (NOC) for each occupation. If you would like to review detailed descriptions of these occupations, note the first four digits of the NOC code for the occupation you are interested in and then review it on the Internet site at: http://www.eoa-hrdc.com/3519/menu/occnoc.stm. You will find instructions on the following pages on how to estimate your points. This will help you assess your chances of qualifying. If you score fewer than 60 points, your application may not merit further consideration. Points are based on:
This section helps you determine your chances of qualifying for permanent residence in Canada. It explains the 9 factors on which points are based and details how you can estimate the number of points you would earn for each factor. It also provides a self-assessment worksheet you can use to tally your results. If you score fewer than 60 points based on these 9 factors, your application may not merit further consideration. Based on this self-assessment, you can decide if this is an appropriate time for you to apply. It is important that you make a careful assessment because you must pay certain fees and some of these fees (for example, the Cost Recovery fee) are non-refundable, even if your application is refused. Read the explanation for each factor, then fill in your score on the work sheet. Points are given for your age at the time your application is received. Calculating age points
You must obtain at least one point under Factor 3 to be considered. If you do not score at least one point, you must have "arranged employment".
Education/Training Factor (ETF) refers to the length of training, education, and/or apprenticeship required to work in your occupation in Canada.
"Arranged employment" is a guaranteed job offer from a Canadian employer that has been validated by a Human Resources Canada Centre certifying that no suitably qualified Canadian or permanent resident is available to fill the position.
You must have the equivalent of at least one year's experience in your occupation to score points in this factor. If you do not, your application will be refused and you must either wait until you gain the required experience or have arranged a job validated by a Human Resources Canada Centre, which states that the prospective employer in Canada does not require you to have a year of experience. The number of points depends on:
Calculate the number of points you would receive for experience. Find the point value that corresponds to your ETF (Factor 4), and read across to the number of years of experience you have in your occupation. This number is your score. Calculation of experience
If you are fluent in both of Canada's official languages (English and French), give yourself 15 points. If you are not fluent in both official languages, estimate your credits. Award the credits that best reflect your ability to read, write, and speak English and/or French. Use the following definitions:
Calculation of language credits
Add your credits: Total of read + write + speak = ______ (total credits) Calculate your points as follows: For a total of 0
or 1 credit you score 0 points
Use this worksheet to calculate your total point score. You must have at least 70 points to qualify. If there is a difference between the points you give yourself and the points the visa officer awards you, the visa officer's assessment will prevail.
Note: A visa officer will award points for personal suitability, up to a maximum of 10, at interview. Personal suitability has to do with the degree to which a person and his/her family are deemed able to settle successfully in Canada. It refers to a person's adaptability, motivation, initiative, and resourcefulness. With the additional points for personal suitability awarded to you by the visa officer, you will normally be required to have at least 70 points in total in order to pass to the interview stage. Remember, however, that unless you have at least 60 points on the first 9 factors, your application may not merit further consideration and you may therefore not be called for an interview.
FUNDS
REQUIRED TO
FREQUENTLY ASKED QUESTIONS Who qualifies as an independent immigrant? A person with specific occupational skills and experience may qualify as an independent immigrant. These skills must be readily transferable to the Canadian labour market. Does it help to have a relative in Canada? Yes. Having a close relative living in Canada increases your point score under the selection system. The relative must be a permanent resident or Canadian citizen aged 19 or over, and he/she must be a "close relative" as defined in the section Important Words to Know. You must provide documentation to prove the relationship. What fees must I pay? You must pay a Cost Recovery (CR) fee to pay for the processing of your application. The CR fee is non-refundable, even if your application is refused. The Right of Landing Fee (ROLF) is required of every adult aged 19 or over in your family but, unlike the CR fee, is refundable if an Immigrant Visa is not issued or used, or if you withdraw your application or if your application is refused. The ROLF can be paid at any time during the application process, but must be paid before an Immigrant Visa can be issued. The ROLF must be paid to the same office where you paid the CR fee. You will also have to pay other fees such as those related to obtaining a medical examination and a police certificate. (Note: CR and ROLF are not applicable to non-accompanying family members, or to family members who are already permanent residents of Canada). Who is included in my application? If you are married, your spouse should be included as a dependent. You must also include on your application all dependent children whether they are accompanying you to Canada or not. (See Important Words to Know for a definition of "dependent children".) Your dependents must undergo and pass background checks and medical examinations. All dependents 18 years of age or over must complete their own individual application form. If I have children from a previous relationship, must I list them on my application form if they do not live with me? Yes. You should list these children on your application form even if they will not be accompanying you. You must also use the Additional Family Information form (IMM 5406) to provide details of all your sons and daughters, including adopted children and stepchildren. Where custody arrangements have been made, you should provide copies of the custody documents. What about my dependents who will not accompany me to Canada? All of your dependents, whether they will accompany you to Canada or not, must be included in Part A - Personal Details of your Immigrant Application Form (IMM 0008). In addition, each dependent 18 or over must complete his/her own application form. All of your dependents, whether they will accompany you to Canada or not, must pass medical examinations and background checks. Should I pay someone to complete my forms and advise me on my application? The kit should provide you with all the information you need to complete your forms and it should not be necessary to pay anyone to assist you. However, should you do so, this will be a private arrangement between you and that person and does not affect the processing of your application by the visa office. What happens if I cannot fit all the information on the application form? You should complete the form by typing or printing clearly and you must sign your application form. If you need more space to answer any questions, attach separate pages. When you have signed the form, it becomes a legal document and the information you have provided must be truthful, complete and correct. It is an offence under the Immigration Act knowingly to make a false or misleading statement. If any information changes before you arrive in Canada, you must inform in writing the visa office to which you applied. This is true even if your visa has already been issued. Do I need a passport or travel document? You and your dependents must have valid passports or travel documents. If any of the documents are to expire soon, you should renew them. Diplomatic, official, service or public affairs passports cannot be used to immigrate to Canada. You must have a valid regular or private passport when you arrive. The validity of your visa may be affected by the validity of your passport. Must I or other members of my family attend an interview? A visa officer will review your application and decide if an interview is necessary. If so, you will be informed of the time and place. Your spouse and dependent children aged 18 or over may be asked to accompany you to the interview. The visa officer may ask about your job, work experience, education, reasons for migrating, plans and preparations. The officer may also ask about your family, spouse and/or dependents, or about your health, financial situation, or past difficulties with the law. There may also be questions to determine your ability to settle successfully in Canada. Do professionals need registration and licensing to work in Canada? In Canada, approximately 20 percent of occupations are regulated to protect the health and safety of Canadians (e.g., nurses, engineers, teachers, electricians). People who want to work in regulated occupations need to obtain a license from a provincial regulatory body. Licensing requirements often include education from a recognized school, Canadian work experience and completion of a technical exam. Fees for exams can be costly and are the responsibility of the applicant. Final assessment by the provincial authority can only be made once you are in Canada with permanent resident status. For how long is my Immigrant Visa valid? The validity date is based upon the earlier of: your or your dependents' passport validity date(s); or the medical validity date(s). Medical examination results are valid for 12 months after the initial medical examination. Immigrant visas cannot be extended once issued. If applicants do not use the visas within their validity, they must reapply for immigration to Canada. Is there a medical requirement for immigrating to Canada? Yes. You and your dependents, whether accompanying you or not, must undergo and pass a medical examination. To pass the medical examination you or your dependents must not have a condition that is a danger to public health or safety or would cause excessive demand on health or social services in Canada. Can my own doctor do the medical examination? No. A physician on Canadas list of Designated Medical Practioners (DMPs) must do the examination. Will I receive a copy of the medical report and the result of the medical examination? All medical reports and X-rays for the Immigration Medical Examination become the property of the Canadian Immigration Medical Authorities and cannot be returned to the applicant. The DMP will not advise you of the results of the medical. However, he/she will advise you if you have a health-related problem. The visa officer and not the DMP makes the final decision on whether or not a medical examination has been passed for immigration purposes. The visa office will inform you in writing should there be a problem with your medical examination. For how long is the medical examination valid? The medical examination is valid for 12 months from the date of the first medical examination. If your visa is not processed in this time, you must undergo another complete medical examination. Must everyone in my family have a medical examination? Yes. All of your dependents who are not already permanent residents or Canadian citizens, whether they will accompany you to Canada or not, must undergo a medical examination. My children are studying abroad and cannot return home for their immigration medical examination for another six months. I do not want to delay my application. What should I do? Whenever possible, the same DMP should perform the medical examination of all family members. If this is not possible, advise the visa office that your dependents are abroad and the visa office will arrange to have their medical examinations done by a DMP closer to their place of study. The visa office will forward a copy of the Medical Report: Section A, Client Identification & Summary (IMM 1017) to them, with the address of their nearest DMP. The visa office will fill in the tombstone data and affix a photograph of your dependent to the form. The Visa Office & Number section of this form (IMM 1017) must have the name of the visa office where your application is being processed. The DMP doing the medical examination of your dependents must also forward their complete medical reports to the same Canadian medical office that received your report. Your dependents' medical examination reports will be matched with your file, as the Medical Report form will carry your file number. I do not understand "excessive demand" or whether my ailment would place an excessive demand on Canada's health or social services. Can you tell me more? This term refers to the significant burden placed on Canadas health or social services due to ongoing hospitalization or medical, social or institutional care for physical or mental illnesses, or special education or training. Individuals may be denied admittance to Canada due to the high costs of their care. The factors considered during the medical assessment include whether or not hospitalization or medical, social or institutional care are required and whether potential employability or productivity could be affected. For example, a person with a serious disease or psychiatric disorder requiring ongoing care or hospitalization may be inadmissible because their requirements would place excessive demand on the Canadian health-care system. Individuals with developmental delay or congenital disorders who require special education or training to lead an independent life may also be inadmissible. Other conditions which could place a significant financial burden on Canadas health or social services would also render an applicant medically inadmissible. Can the DMP advise me regarding my application? No. The DMP is only responsible for conducting a medical examination in accordance with Canada's immigration requirements. The DMP cannot provide any advice on the immigration process. What happens when I arrive in Canada? When you arrive, you must present your Immigrant Visa to a Canadian customs or immigration officer at your first port of entry. The officer will check your visa and travel document and ask you questions similar to those on the Immigrant Application Form (IMM 0008) to verify that you are of good character and in good health. You may also be required to show proof of your funds. If there are no difficulties, the officer will authorize your admission to Canada as a permanent resident. What settlement services are available? Canada's settlement services are limited. You can learn about them from Canada Immigration Centres, Human Resources Canada Centres and private organizations. Can you help me find a job? Unfortunately we do not have the resources to provide this type of assistance. Human Resources Canada Centres are available to assist all Canadian citizens and permanent residents in finding employment. After obtaining permanent resident status in Canada, what if I need to return to my country to settle my affairs? Permanent residents may leave and re-enter Canada as often as they wish as long as they spend less than six months in any 12-month period outside Canada. If permanent residents are out of Canada for more than six months in any 12-month period, they will require a Returning Resident Permit to re-enter Canada. While such permits can be applied for either in Canada or overseas, they can only be applied for after you have become a permanent resident.
YOUR
RIGHTS AND There are a few limitations on permanent residents:
You remain a permanent resident until you become a Canadian citizen or abandon Canada as your place of residence. You may be considered to have abandoned Canada if you have frequent and/or lengthy absences from the country. If you travel to Canada to present your immigrant visas to obtain permanent residence and then return to live in your home country indefinitely, you will lose your permanent resident status.
Note: 1. Application kits may be revised several times each year. The criteria described in the kits were valid on the day the kits were made available to you. Applications received after any changes occur may be assessed against the new criteria.
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