Difference between revisions of "Immigrating to British Columbia"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://larlee.com/lawyers/darren-penner/ Darren Penner], Larlee Rosenberg, and Gregory Bruce, Barrister & Solicitor|date= March 2019}} {{Dial-A-Law TOC|expanded = rights}}
For those thinking of settling permanently in British Columbia, there are several programs for immigrating to Canada. There is also financial and other help available for newcomers to the province.


{{Dial-A-Law TOC|expanded = rights}}
==What you should know==
The federal ''[http://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html Immigration and Refugee Protection Act]'' controls immigration to Canada.


==What are the main types of immigration?==
===There are several categories or “classes” of immigration===  
People who want to immigrate to Canada can apply under two main classes:
There are dozens of government programs designed to make Canadian immigration successful, both for newcomers and for Canada. These programs fall into three broad categories, or “classes”:
*family class
*economic class


There is also a refugee class, explained later in this script. Under it, a person can immigrate as a permanent resident of Canada.
* '''Family class'''. Programs for families, where Canadian citizens and permanent residents may sponsor family members and loved ones for Canadian immigration.
* '''Economic class'''. Programs for professionals and workers to apply to become a permanent resident of Canada.
* '''Refugee class'''. Canada offers refugee protection to people who fear persecution and who are unwilling or unable to return to their home country.


==Family class==
The [http://canlii.ca/t/7vwq ''Immigration and Refugee Protection Act''] controls immigration to Canada. A federal government department, [https://www.canada.ca/en/immigration-refugees-citizenship.html Immigration, Refugees and Citizenship Canada], facilitates the arrival of immigrants and refugees to Canada.
The goal of this class is to reunite Canadians with their close relatives overseas. If you’re a Canadian citizen or permanent resident, you can [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship.html sponsor] your spouse or common-law partner, parents, grandparents, dependent children (biological or adopted), or an unmarried orphaned sibling, nephew, niece or grandchild under 18. Depending on your relationship with that person, you must be able to financially support them from 3 to 20 years.
===Immigrating under the “family class”===
The goal of family class immigration is to reunite Canadians with their close relatives. A Canadian citizen or permanent resident can sponsor certain relatives to come to Canada. A person can '''sponsor''':


'''Processing times'''—spouses and dependent children get priority. Usually, these applications take 3 to 12 months to process. It can take 2 to 6 years to process applications of parents and grandparents, depending on the visa office processing the application. Dependent children must either be under 22 years old and unmarried, or unable to support themselves due to a mental or physical condition. The government website lets you check [http://www.cic.gc.ca/english/information/times/index.asp processing times] and [https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status.html application status].
* their spouse or common-law partner
* their parents or grandparents
* their dependent children (biological or adopted)
* an unmarried orphaned sibling, nephew, niece or grandchild under 18


'''Work permits'''—sponsored spouses and common-law partners applying from within Canada may receive a work permit so they can work before becoming permanent residents. But people without this status when they apply may have to wait much longer for a work permit.
The applicant must be able to financially support the person they are sponsoring for a period of between three to 20 years, depending on their relationship with that person.


'''Parents and grandparents'''—[https://www.canada.ca/en/immigration-refugees-citizenship.html Immigration, Refugees and Citizenship Canada] aims to receive [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents.html 10,000 completed applications] for sponsored parents and grandparents in 2018. The parent and grandparent sponsorship program is by invitation only for 2018, and sponsors were asked to submit their interest in the program in January 2018. It is unclear whether Immigration, Refugees and Citizenship Canada will invite sponsors to submit their interest in the program again in 2018.
====Processing times====
Spouses and dependent children get priority. Usually, these applications take three to 12 months to process. It can take two to six years to process applications of parents and grandparents, depending on the visa office processing the application. Dependent children must either be under 22 years old and unmarried, or unable to support themselves due to a mental or physical condition. The Canadian government website lets you check [http://www.cic.gc.ca/english/information/times/index.asp processing times] and [https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status.html application status].


Parents and grandparents can also apply for a long-term [http://www.cic.gc.ca/english/visit/supervisa.asp Super Visa] to visit family in Canada for up to 2 years at a time. Normal visitor visas are for only 6 months.
====Work permits====
Sponsored spouses and common-law partners applying from within Canada may receive a work permit so they can work before becoming permanent residents. But people without this status when they apply may have to wait much longer for a work permit.


==Economic class==
====Parents and grandparents====
There are several types of [http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?t=6 economic-class applicants]: Federal skilled workers, Federal skilled trades, the Canadian Experience Class, the Start-up visa, and Self-Employed Persons under the Business immigration program.
The parent and grandparent sponsorship program is by invitation only. A person can [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents.html submit their interest] in sponsoring a parent or grandparent to become a permanent resident of Canada, and they may be invited to submit a complete application.
*'''[http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?st=29.4 Federal skilled workers]''' need [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/federal-skilled-workers.html at least 67 points] based on age, work experience, education, abilities in English and French, and adaptability. They also need at least one year of continuous, high-skilled work experience within the past 10 years and at least a high-school education. They must also take a test to ensure that they meet the required level of either English or French.


*'''[https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/skilled-trades.html Federal skilled trades]''' applicants must have at least two years of full-time work experience (or an equal amount of part-time work experience) in a skilled trade within five years before applying, meet the job requirements for that skilled trade as set out in the National Occupational Classification ([https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/find-national-occupation-code.html NOC]), take a test to ensure they meet the required level in either English or French, and have either an offer of full-time employment for a total period of at least one year or a certificate of qualification in their skilled trade issued by a Canadian provincial or territorial authority.
Parents and grandparents can also apply for a long-term “[http://www.cic.gc.ca/english/visit/supervisa.asp super visa]” to visit family in Canada for up to two years at a time. Normal visitor visas are for only six months.


*The '''[http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?st=29.5 Canadian Experience Class]''' lets people with one year of full-time work in Canada in a skilled occupation immigrate to Canada, as long as they were not self-employed, and they meet the required level of English or French.
===Immigrating under the “economic class”===
There are dozens of “economic class” programs for professionals and workers to apply to become a permanent resident of Canada.


*'''[http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=645&top=6 Start-up visas]''' are issued only to business applicants who have a viable business idea and have arranged part of their financing from certain private investors or business incubators in Canada who have been approved by the government.
====Federal programs====
The '''federal skilled workers''' program is for [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers.html skilled workers with foreign work experience] who want to immigrate to Canada permanently. If an applicant meets the minimum requirements for the program, their application will be assessed on a 100-point grid that considers six factors. In addition to work experience, the grid factors in age, education, language ability, whether the applicant has a valid job offer, and their adaptability (how well they’re likely to settle in Canada).


*'''[http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?st=6.3.4 Self-Employed Persons]''' must have at least 2 years of relevant experience and show that they intend to become self-employed in Canada. They must also score at least 35 points and show they’ll make an economic contribution to Canada. Relevant experience means this class is limited to professional athletes, artists, musicians, actors, and some farmers.
The '''federal skilled trades''' program is for skilled workers who want to become permanent residents based on being [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/skilled-trades.html qualified in a skilled trade]. Applicants must have at least two years of full-time work experience in a skilled trade, and meet minimum requirements for language ability. They must also have either a valid job offer or a certificate of qualification in their skilled trade.


'''[http://www.cic.gc.ca/english/immigrate/express/express-entry.asp Express entry program]'''—set up in January 2015 to manage applications submitted in certain economic streams. Now, all applications under the Federal Skilled Worker Program, the Federal Skilled Trades Program, the Canadian Experience Class, and certain Provincial Nominee Programs must go through the Express Entry program. The goal is to streamline and speed up the processing of permanent resident applications.
The '''Canadian experience class''' is for skilled workers [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/canadian-experience-class.html who have Canadian work experience] and want to become permanent residents. It lets people with one year of full-time work in Canada in a skilled occupation immigrate to Canada. Applicants must meet minimum requirements for language ability.


A person who meets the requirements of one of these economic programs can register in the Express Entry [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/how-pool-works.html pool]. They are given a [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/criteria-comprehensive-ranking-system.html score out of 1,200] based on criteria such as age, language ability, education, work experience, whether a job offer has been made, and other factors. Every two to three weeks, the government invites the people in the pool with the most points to apply for permanent residence. A person who receives an invitation has 90 days to submit a complete application for permanent residence. Most of these applications are processed within 6 months
The '''start-up visa''' program targets immigrant entrepreneurs with an [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/start-visa/about.html innovative business idea]. Applicants must show they have the skills and potential to build a business in Canada that is innovative and can create jobs. Successful applicants are granted a permanent residence visa and assistance to become established in Canada.


==[http://www.welcomebc.ca/pnp BC’s Provincial Nominee Program] to speed up immigration applications==
The '''self-employed persons''' program allows people to immigrate to Canada permanently as a self-employed person. Applicants must have relevant experience in '''cultural activities or athletics''', and be willing and able to make a significant contribution to the cultural or athletic life of Canada.
BC and most other provinces have [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees.html provincial nominee programs] (under the economic class). These provinces can speed up, or fast track, an immigration application so it takes less than one year. They can also have a work permit issued in 2 to 3 months. One of the fastest ways to immigrate to BC is under BC’s Provincial Nominee Program, which lets BC select immigrants based on their specific ability to contribute to the BC economy. For example, applicants for jobs in BC where there is a shortage of workers—such as high-tech positions and rural postings—qualify here. But an applicant must first have a job offer to apply under this program. The program has 4 steps: registration, invitation, application, and nomination.


==Refugees==
====BC’s provincial nominee program====
Canada has a long tradition of helping people in need, accepting them as refugees. Refugees are people unable or unwilling to return to their own country based on a well-founded fear of being persecuted because of their race, religion, political opinion, nationality or membership in a particular social group, or people who might face risk to their lives, cruel and unusual treatment, punishment, or torture if they went home. The Canadian government has now restricted access to the refugee process by designating some countries as “safe” and requiring special procedures for refugee claimants from these countries. Refugee claimants must prove they meet the definition of a refugee to become a protected person in Canada.
British Columbia and most other provinces have '''provincial nominee''' programs that fall under the economic class of immigrating to Canada. These programs can speed up, or fast track, an immigration application so it takes less than one year. They can also have a work permit issued in two to three months.


Help for new immigrants
One of the fastest ways to immigrate to BC is under [https://www.welcomebc.ca/Immigrate-to-B-C/B-C-Provincial-Nominee-Program BC’s provincial nominee program], which lets BC select immigrants based on their specific ability to contribute to the BC economy. For example, applicants for jobs in BC where there is a shortage of workers — such as high-tech positions and rural postings — can qualify here. An applicant must first have a job offer to apply under this program. The program has four steps: registration, invitation, application, and nomination.
Some financial and other help is available to immigrants through various programs and services, including counseling and cultural orientation, loans to help with transportation to Canada, language training, and job-related services.


The Legal Services Society (LSS) may provide a lawyer for free if you:
===Immigrating under the “refugee class”===
• meet the financial guidelines, and
Canada has a long tradition of helping people in need, accepting them as '''refugees'''. Refugees include people unable or unwilling to return to their home country based on a well-founded fear of being persecuted because of their race, religion, political opinion, nationality, or membership in a particular social group. Refugees also include people who might face risk to their lives, cruel and unusual treatment, punishment, or torture if they went home.
• are facing an immigration proceeding that may remove you from Canada or you want to claim refugee status.


The LSS website lists legal aid locations. You can also call the LSS Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (elsewhere in BC, no charge).
To come to Canada as a refugee, a person must be referred. The United Nations Refugee Agency or a private sponsorship group can refer a refugee. Refugee claimants must prove they meet the definition of a refugee [https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees.html to become a protected person in Canada]. The Canadian government has designated some countries as “safe” and requires special procedures for refugee claimants from these countries.
===Some people are “inadmissible” to Canada===
Some people are not allowed to come to Canada. They’re “inadmissible” under [https://www.canlii.org/en/ca/laws/stat/sc-2001-c-27/latest/sc-2001-c-27.html#sec33_smooth Canada’s immigration law]. There are different reasons a person may be refused entry to (or removed from) Canada. They include:


If your application is rejected or you’re asked to leave Canada
* '''security reasons''', such as subversion (attempts to overthrow a government) or violence or terrorism
The refusal of a temporary residence application (such as a visitor record, a work permit, or a study permit), will most often come with instructions to leave Canada immediately. But some applicants will get a 90-day restoration period when they can resubmit an application without having to leave the country. If you stay in Canada without a restoration period, it can cause serious problems for any future application to enter.
* '''human or international rights violations''', including war crimes
* '''committing a crime''', including impaired driving
* '''medical reasons''', including medical conditions that endanger public health
* '''financial reasons''' (if you’re unable or unwilling to support yourself and your family members)


In cases where Canada Border Services Agency takes steps to remove someone from Canada, most people are eligible for a pre-removal risk assessment before they are removed from the country. If you have already made a refugee claim that was rejected, the decision on risk will be based only on new evidence.
Normally, if you’re inadmissible to Canada, you won’t be allowed to enter the country. If you have a valid reason to travel to Canada, you may be issued a [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/temporary-resident-permits.html temporary resident permit].


The Federal Court of Canada can review most decisions of immigration officials and tribunals. But it does so only in very limited cases. You would need legal help in this area.
===If you do not qualify under the usual immigration rules===
Immigration officials can make exceptions to the usual immigration rules in some cases to prevent undeserved or exceptional hardship.


If you do not qualify under the usual immigration rules
===There is help available for new immigrants===
Immigration officials can make exceptions to the usual immigration rules in some cases to prevent undeserved or exceptional hardship.
Some financial and other help is available to immigrants through various programs and services. These include counseling and cultural orientation, loans to help with transportation to Canada, language training, and job-related services.


More information
Canada has many immigrant-serving organizations to help newcomers settle in Canada. They are excellent sources of information and advice on living in Canada. They also have settlement workers who can provide help to meet settlement needs such as finding a job, finding housing, and improving language skills.
•Immigration, Refugees and Citizenship Canada is a good starting point.
•Check processing times and application status on the government website.
•The Legal Services Society has free publications. Click Publications then under “I want to find a publication by subject,” click “Immigrants & Refugees”.
•The Immigration and Refugee Board of Canada has details on refugee claims, admissibility hearings, and immigration appeals.
•The Canadian Council for Refugees has general information on refugees.
•The BC Provincial Nominee Program explains program details.


The Legal Services Society may provide a lawyer for free for those who meet the financial guidelines and are facing an immigration proceeding that may remove them from Canada, or they want to claim refugee status. Their website legalaid.bc.ca lists [http://www.legalaid.bc.ca/legal_aid/legalAidLocations_Map.php legal aid locations]. You can also call them at 604-408-2172 in Greater Vancouver or toll-free 1-866-577-2525 elsewhere in BC.


===If you’re asked to leave Canada===
The refusal of a temporary residence application (such as a visitor record, a work permit, or a study permit), will most often come with instructions to leave Canada immediately. But some applicants will get a '''90-day restoration period''' when they can re-submit an application without having to leave the country. If you stay in Canada without a restoration period, it can cause serious problems for any future application to enter.


In cases where the Canada Border Services Agency takes steps to remove someone from Canada, most people are eligible for a '''pre-removal risk assessment''' before they are removed from the country. If you have already made a refugee claim that was rejected, the decision on risk will be based only on new evidence.


The Federal Court of Canada can review most decisions of immigration officials and tribunals. But it does so only in very limited cases. You would need legal help in this area.


==Who can help==


The federal ''[http://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html Immigration and Refugee Protection Act]'' controls immigration to Canada.
===With your situation===
 
==What are the main types of immigration?==
People who want to immigrate to Canada can apply under two main classes:
*family class
*economic class
 
There is also a refugee class, explained later in this script. Under it, a newcomer can immigrate as a permanent resident of Canada.
 
==Family class==
The goal of this class is to reunite Canadians with their close relatives overseas. If you’re a Canadian citizen or permanent resident, you can sponsor your spouse or common-law partner, parents, grandparents, dependent children (biological or adopted), or an unmarried orphaned sibling, nephew, niece or grandchild under 18. Depending on your relationship with that person, you must be able to financially support them from 3 to 10 years. Spouses and dependent children get priority. Usually, these applications take 3 to 12 months to process. It can take 5 to 6 years to process applications of parents and grandparents. As of August 1, 2014, dependent children must be under 19 years old (before that it was under 22), and as of December 22, 2014, eligible spouses of common-law partners have the opportunity to work in Canada while they wait for their application for permanent residence to be processed.
 
As of November 5, 2011, the Minister of Citizenship and Immigration stopped accepting applications of sponsored parents and grandparents. Instead, these family members could apply for a long-term [http://www.cic.gc.ca/english/visit/supervisa.asp Super Visa] to visit family in Canada for up to 2 years at a time. The Minister re-opened the parent and grandparent category for 5000 applications in 2014, but he has not said if he will re-open the category again for 2015. The Super Visa is still an option for parents and grandparents.
 
==Economic class==
There are several types of [http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?t=6 economic-class applicants]: Federal skilled workers, Federal skilled trades, the Canadian Experience Class, the Start-up visa, and Self-Employed Persons under the Business immigration program.


*'''Federal skilled workers''' need at least 67 points based on age, work experience, education, abilities in English and French, and adaptability. They also need at least one year of work experience in one of 50 occupations identified by the Minister or have arranged employment in Canada that the government has approved.  
The immigration process is very involved and detailed. Getting legal assistance is highly recommended. Many British Columbia lawyers participate in the '''Lawyer Referral Service''', which can connect you with a lawyer for a free 15-minute consultation. The lawyer can provide some initial advice on your options. Then, if you and the lawyer agree, you can hire that lawyer at their normal rate.


*'''Federal skilled trades''' applicants must have at least two years of full-time work experience (or an equal amount of part-time work experience) in a skilled trade within five years before applying, meet the job requirements for that skilled trade as set out in the National Occupational Classification (NOC), and have an offer of full-time employment for a total period of at least one year. Alternatives, applicants can have a certificate of qualification in their skilled trade issued by a Canadian provincial or territorial authority.  
* Call 604-687-3221 in Greater Vancouver
* Call 1-800-663-1919 (toll-free)
* [http://www.accessprobono.ca/lawyer-referral-service Visit website]


*The '''Canadian Experience Class''' lets people with one year of full-time work in Canada in a skilled occupation immigrate to Canada.
'''Legal Aid BC''' may provide a lawyer for free if you meet the financial guidelines and are facing an immigration proceeding that may remove you from Canada, or you want to claim refugee status. Their website also has [https://legalaid.bc.ca/publications/subject/10 free publications for immigrants and refugees].


*'''Start-up visas''' are issued only to business applicants who have a viable business idea and have arranged part of their financing from private investors in Canada who have been approved by the government.
* Call 604-408-2172 in Greater Vancouver
* Call 1-866-577-2525 (toll-free)
* [http://legalaid.bc.ca/ Visit website]


*'''Self-Employed Persons''' must have at least 2 years of relevant experience and show that they intend to become self-employed in Canada. They must also score at least 35 points and show they’ll make an economic contribution to Canada. Relevant experience means this class is limited to professional athletes, artists, musicians, actors, and some farmers.
===More information===
'''Immigration, Refugees and Citizenship Canada''' is the federal government department that facilitates the arrival of immigrants and refugees to Canada. Their website explains federal immigration programs and includes online application forms.


As of January, 2015, an '''[http://www.cic.gc.ca/english/immigrate/express/express-entry.asp Express Entry]''' program has been established to manage applications in some economic classes. The program’s goal is to give the government more flexibility to meet skilled employment needs in Canada. Under Express Entry, applicants will first fill out an online profile that includes their language test scores, their Educational Credential Assessment (where required), and an outline of their work experience. There is no cost to submit an Express Entry profile. Based on these profiles, applicants will be ranked against other applicants. On a regular basis, CIC will invite candidates from the pool to apply for permanent residence. The score required during each wave of invitations will vary, meaning sometimes a higher score will be needed, while other times a lower one will be sufficient. The Express Entry program must be used for those applying under the following categories:
* Call 1-888-242-2100 (toll-free in Canada)
*Federal Skilled Worker Program
* [https://www.canada.ca/en/immigration-refugees-citizenship.html Visit website]
*Federal Skilled Trades Program
*Canadian Experience Class
*As a Provincial Nominee


==Does BC have a program to speed up immigration applications?==
'''WelcomeBC''' provides newcomers to British Columbia with information on immigrating to BC, getting settled, and finding employment.
Yes—BC and several other provinces have provincial nominee programs (under the economic class). These provinces can speed up, or fast track, an immigration application so it takes less than one year. They can also have a work permit issued in 2 to 3 months. One of the fastest ways to immigrate to BC is under [http://www.welcomebc.ca/pnp BC’s Provincial Nominee Program], which lets BC select immigrants based on their specific ability to contribute to the BC economy. For example, applicants for jobs in BC where there is a shortage of workers—such as high-tech positions and rural postings—qualify here. But an applicant must first have a job offer to apply under this program.


==What about refugee claims?==
* [https://www.welcomebc.ca/ Visit website]
Canada has had a long tradition of helping people in need. Until recently, it has accepted between 20,000 and 30,000 people a year as refugees. They are people unable or unwilling to return to their own country for fear of being persecuted because of their race, religion, political opinion, nationality or membership in a particular social group, or people who might face risk to their lives, cruel and unusual treatment, punishment, or torture if they went home. In the last year, the Canadian government has restricted access to the refugee process by designating some countries as “safe” and requiring special procedures for refugee claimants from these countries.


==What help is available for new immigrants?==
The '''Immigration and Refugee Board of Canada''' has details on refugee claims, admissibility hearings, and immigration appeals.
Some financial and other help is available to immigrants through various programs and services, including counseling and cultural orientation, loans to help with transportation to Canada, language training, and job-related services.


The Legal Services Society (LSS) may provide a lawyer for free if you:
* [https://irb-cisr.gc.ca/ Visit website]
*meet the financial guidelines, and
*are facing an immigration proceeding that may remove you from Canada or you want to claim refugee status.


To find a [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.asp legal aid location] near you, see the LSS website at [http://www.legalaid.bc.ca/ www.legalaid.bc.ca] and click on [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.asp Legal aid locations]. Or you can call the LSS Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (call no charge, elsewhere in BC).
The '''Canadian Council for Refugees''' has general information on refugees.


==What if your application is rejected or you’re asked to leave Canada?==
* [https://ccrweb.ca/ Visit website]
Most people are eligible for a pre-removal risk assessment by Citizenship and Immigration Canada before they are removed from the country. If you have already made a refugee claim that was rejected, the decision on risk will be based only on new evidence.
 
The Federal Court of Canada can review most decisions of immigration officials and tribunals. But it does so only in very limited cases. You would need legal help in this area.
 
==What if you do not qualify under the usual immigration rules?==
Immigration officials can make exceptions to the usual immigration rules if following those rules would cause undeserved or exceptional hardship.
 
==Where can you find more information on immigrating to BC?==
*[http://www.cic.gc.ca/ Citizenship and Immigration Canada] is a good starting point.
*The [http://www.legalaid.bc.ca/ Legal Services Society] has free publications. Click [http://www.legalaid.bc.ca/publications/index.php Publications] then under “I want to find a publication by subject,” click “[http://www.legalaid.bc.ca/publications/subject.php?sub=10 Immigrants & Refugees]”.
*The [http://www.irb-cisr.gc.ca/ Immigration and Refugee Board] has details on refugee claims, admissibility hearings, and immigration appeals.
*The [http://www.ccrweb.ca/ Canadian Council for Refugees] has general information on refugees.
*The [http://www.welcomebc.ca/pnp BC Provincial Nominee Program] explains program details.
 
 
[updated July 2015]
 
'''The above was last reviewed for accuracy by Jack Montpellier.'''
----


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Latest revision as of 22:44, 7 November 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Darren Penner, Larlee Rosenberg, and Gregory Bruce, Barrister & Solicitor in March 2019.
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For those thinking of settling permanently in British Columbia, there are several programs for immigrating to Canada. There is also financial and other help available for newcomers to the province.

What you should know

There are several categories or “classes” of immigration

There are dozens of government programs designed to make Canadian immigration successful, both for newcomers and for Canada. These programs fall into three broad categories, or “classes”:

  • Family class. Programs for families, where Canadian citizens and permanent residents may sponsor family members and loved ones for Canadian immigration.
  • Economic class. Programs for professionals and workers to apply to become a permanent resident of Canada.
  • Refugee class. Canada offers refugee protection to people who fear persecution and who are unwilling or unable to return to their home country.

The Immigration and Refugee Protection Act controls immigration to Canada. A federal government department, Immigration, Refugees and Citizenship Canada, facilitates the arrival of immigrants and refugees to Canada.

Immigrating under the “family class”

The goal of family class immigration is to reunite Canadians with their close relatives. A Canadian citizen or permanent resident can sponsor certain relatives to come to Canada. A person can sponsor:

  • their spouse or common-law partner
  • their parents or grandparents
  • their dependent children (biological or adopted)
  • an unmarried orphaned sibling, nephew, niece or grandchild under 18

The applicant must be able to financially support the person they are sponsoring for a period of between three to 20 years, depending on their relationship with that person.

Processing times

Spouses and dependent children get priority. Usually, these applications take three to 12 months to process. It can take two to six years to process applications of parents and grandparents, depending on the visa office processing the application. Dependent children must either be under 22 years old and unmarried, or unable to support themselves due to a mental or physical condition. The Canadian government website lets you check processing times and application status.

Work permits

Sponsored spouses and common-law partners applying from within Canada may receive a work permit so they can work before becoming permanent residents. But people without this status when they apply may have to wait much longer for a work permit.

Parents and grandparents

The parent and grandparent sponsorship program is by invitation only. A person can submit their interest in sponsoring a parent or grandparent to become a permanent resident of Canada, and they may be invited to submit a complete application.

Parents and grandparents can also apply for a long-term “super visa” to visit family in Canada for up to two years at a time. Normal visitor visas are for only six months.

Immigrating under the “economic class”

There are dozens of “economic class” programs for professionals and workers to apply to become a permanent resident of Canada.

Federal programs

The federal skilled workers program is for skilled workers with foreign work experience who want to immigrate to Canada permanently. If an applicant meets the minimum requirements for the program, their application will be assessed on a 100-point grid that considers six factors. In addition to work experience, the grid factors in age, education, language ability, whether the applicant has a valid job offer, and their adaptability (how well they’re likely to settle in Canada).

The federal skilled trades program is for skilled workers who want to become permanent residents based on being qualified in a skilled trade. Applicants must have at least two years of full-time work experience in a skilled trade, and meet minimum requirements for language ability. They must also have either a valid job offer or a certificate of qualification in their skilled trade.

The Canadian experience class is for skilled workers who have Canadian work experience and want to become permanent residents. It lets people with one year of full-time work in Canada in a skilled occupation immigrate to Canada. Applicants must meet minimum requirements for language ability.

The start-up visa program targets immigrant entrepreneurs with an innovative business idea. Applicants must show they have the skills and potential to build a business in Canada that is innovative and can create jobs. Successful applicants are granted a permanent residence visa and assistance to become established in Canada.

The self-employed persons program allows people to immigrate to Canada permanently as a self-employed person. Applicants must have relevant experience in cultural activities or athletics, and be willing and able to make a significant contribution to the cultural or athletic life of Canada.

BC’s provincial nominee program

British Columbia and most other provinces have provincial nominee programs that fall under the economic class of immigrating to Canada. These programs can speed up, or fast track, an immigration application so it takes less than one year. They can also have a work permit issued in two to three months.

One of the fastest ways to immigrate to BC is under BC’s provincial nominee program, which lets BC select immigrants based on their specific ability to contribute to the BC economy. For example, applicants for jobs in BC where there is a shortage of workers — such as high-tech positions and rural postings — can qualify here. An applicant must first have a job offer to apply under this program. The program has four steps: registration, invitation, application, and nomination.

Immigrating under the “refugee class”

Canada has a long tradition of helping people in need, accepting them as refugees. Refugees include people unable or unwilling to return to their home country based on a well-founded fear of being persecuted because of their race, religion, political opinion, nationality, or membership in a particular social group. Refugees also include people who might face risk to their lives, cruel and unusual treatment, punishment, or torture if they went home.

To come to Canada as a refugee, a person must be referred. The United Nations Refugee Agency or a private sponsorship group can refer a refugee. Refugee claimants must prove they meet the definition of a refugee to become a protected person in Canada. The Canadian government has designated some countries as “safe” and requires special procedures for refugee claimants from these countries.

Some people are “inadmissible” to Canada

Some people are not allowed to come to Canada. They’re “inadmissible” under Canada’s immigration law. There are different reasons a person may be refused entry to (or removed from) Canada. They include:

  • security reasons, such as subversion (attempts to overthrow a government) or violence or terrorism
  • human or international rights violations, including war crimes
  • committing a crime, including impaired driving
  • medical reasons, including medical conditions that endanger public health
  • financial reasons (if you’re unable or unwilling to support yourself and your family members)

Normally, if you’re inadmissible to Canada, you won’t be allowed to enter the country. If you have a valid reason to travel to Canada, you may be issued a temporary resident permit.

If you do not qualify under the usual immigration rules

Immigration officials can make exceptions to the usual immigration rules in some cases to prevent undeserved or exceptional hardship.

There is help available for new immigrants

Some financial and other help is available to immigrants through various programs and services. These include counseling and cultural orientation, loans to help with transportation to Canada, language training, and job-related services.

Canada has many immigrant-serving organizations to help newcomers settle in Canada. They are excellent sources of information and advice on living in Canada. They also have settlement workers who can provide help to meet settlement needs such as finding a job, finding housing, and improving language skills.

The Legal Services Society may provide a lawyer for free for those who meet the financial guidelines and are facing an immigration proceeding that may remove them from Canada, or they want to claim refugee status. Their website legalaid.bc.ca lists legal aid locations. You can also call them at 604-408-2172 in Greater Vancouver or toll-free 1-866-577-2525 elsewhere in BC.

If you’re asked to leave Canada

The refusal of a temporary residence application (such as a visitor record, a work permit, or a study permit), will most often come with instructions to leave Canada immediately. But some applicants will get a 90-day restoration period when they can re-submit an application without having to leave the country. If you stay in Canada without a restoration period, it can cause serious problems for any future application to enter.

In cases where the Canada Border Services Agency takes steps to remove someone from Canada, most people are eligible for a pre-removal risk assessment before they are removed from the country. If you have already made a refugee claim that was rejected, the decision on risk will be based only on new evidence.

The Federal Court of Canada can review most decisions of immigration officials and tribunals. But it does so only in very limited cases. You would need legal help in this area.

Who can help

With your situation

The immigration process is very involved and detailed. Getting legal assistance is highly recommended. Many British Columbia lawyers participate in the Lawyer Referral Service, which can connect you with a lawyer for a free 15-minute consultation. The lawyer can provide some initial advice on your options. Then, if you and the lawyer agree, you can hire that lawyer at their normal rate.

  • Call 604-687-3221 in Greater Vancouver
  • Call 1-800-663-1919 (toll-free)
  • Visit website

Legal Aid BC may provide a lawyer for free if you meet the financial guidelines and are facing an immigration proceeding that may remove you from Canada, or you want to claim refugee status. Their website also has free publications for immigrants and refugees.

  • Call 604-408-2172 in Greater Vancouver
  • Call 1-866-577-2525 (toll-free)
  • Visit website

More information

Immigration, Refugees and Citizenship Canada is the federal government department that facilitates the arrival of immigrants and refugees to Canada. Their website explains federal immigration programs and includes online application forms.

WelcomeBC provides newcomers to British Columbia with information on immigrating to BC, getting settled, and finding employment.

The Immigration and Refugee Board of Canada has details on refugee claims, admissibility hearings, and immigration appeals.

The Canadian Council for Refugees has general information on refugees.

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