The Applicant must also prove prior to landing that they will have enough money for the first six months after landing to help them get established in Canada while they look for work, and prove by way of documentation that they have a clean criminal and medical history.

The factors that an immigration officer considers when making an assessment are : Education, Ability in the two Official Languages, Work Experience, Age, Arranged Employment in Canada, and Adaptability. Other factors where additional points may be given are for having studied in Canada, close family in Canada, and spouse’s educational background. Unfortunately not everyone will qualify for permanent residency. If you do not meet the minimum work experience requirements, your application as a Skilled Worker will be refused. Skilled workers will also have to show that they have language skills as tested by official organizations such as the International English Language Testing Service (IELTS).

2. Business Immigration : Who Qualifies?

a. Investors
Investors will have to prove that they meet the regulatory requirements for migrating to Canada.

Investors make an investment of CDN $400,000 placed with the Receiver General of Canada. The investments are often made through large banks and other financial institutions.

Invested funds are used by participating provinces to create jobs for provincial economic growth. Citizenship and Immigration Canada (CIC) will return your investment to you, without interest, in approximately five years after you become a permanent resident. Alternatively, you may finance your investment through a number of qualified financial institutions.

b. Entrepreneurs

Entrepreneurs will have to prove that they meet the regulatory requirements for migrating to Canada.

Entrepreneurs will qualify for immigration through their successful business experience and must have a legally obtained net worth of at least CDN $300,000. Most entrepreneurs will have accumulated more than the minimum amount.

When an applicant immigrates to Canada as an entrepreneur, certain terms and conditions will apply and they will be required to show that they have the intention and the ability to control a percentage of equity of a qualifying Canadian business. In addition to this they must provide active and ongoing management of the qualifying Canadian business. The business must create at least one new full-time job for a Canadian citizen or permanent resident and these requirements must be met within three years of becoming landed in Canada.

c. Self employed

Self Employed applicants will have to prove that they meet the regulatory requirements for migrating to Canada.

This category is primarily used as a means of immigration for farmers and prominent artists. A self-employed person will have relevant experience in cultural activities, athletics or farm management. They must also have the intention and ability to establish a business that will create self-employment. Furthermore the applicant in this category must make a significant contribution to cultural activities or athletics or purchase and manage a farm in Canada.

3. Business Persons

a. NAFTA : North American Free Trade Agreement
Chapter 16 of the NAFTA applies to citizens of Canada, the United States and Mexico and is an enabling agreement for the temporary entry of persons into the three countries to conduct business-related activities or investments.

Businesspersons covered by the NAFTA are exempt from the need to obtain validation or confirmation approval from HRDC. Therefore there is no need to apply to HRDC prior to applying for the work permit at the Port of Entry.

The NAFTA provisions relating to persons coming to Canada applies to four specific categories of businesspersons: business visitors, professionals, intra-company transferees, and traders and investors.

i. A business visitor:

• Does not need a work permit and; they must be entering Canada to take part in an activity listed in Appendix 1603.A.1 of Chapter 16 of the NAFTA (these activities include technical or scientific research, conventions/trade fairs, sales of products or services--but not delivery at the time--and after-sales service);
• They are not joining the domestic labour market as the principal source of remuneration is outside Canada.

ii. A professional:

• NAFTA professionals are qualified to work in one of the more than 60 professions listed in Appendix 1603.D.1 of Chapter 16 of the NAFTA); and
• Applicants need a work permit and can be obtained at the port of entry.

iii. An intra-company transferee:

• Applicants need a work permit and must have worked for at least one year in the preceding three-year period for the U.S. or Mexican employer who wishes to make the transfer;
• They must work temporarily for the same or an affiliated employer in Canada;
• They can only work at the executive or managerial level, or they must have specialized knowledge.
   

iv. A trader or investor:

• These applicants need a work permit and are businesspersons carrying on substantial trade in goods or services principally between Canada and their country of citizenship, or they are businesspersons conducting substantial investment activities in Canada, in a supervisory or executive capacity, or in a capacity that involves essential skills;

b. GATS - General Agreement on Trade in Services

If a businessperson is not a citizen of the USA or Mexico it may be possible to make an application under the GATS.  As a signatory to this agreement Canada has committed to facilitate market access for certain businesspersons who are foreign service providers in specified sectors. The commitments apply to service providers from more than 140 World
Trade Organization member countries.

Three types of business-persons are covered: business visitors, professionals and intra-company transferees. Qualifying businesspersons will not need to obtain HRDC confirmation or, in the case of a business visitor, a work permit.

4. Students
Most foreign students will need a Study Permit to study in Canada. The exceptions to this include those persons who are in Canada to take a course or program which is six months or less in duration and/or family or staff members of diplomats.

5. Family Sponsorship
Canadian citizens and permanent residents living in Canada, 18 years of age or older, may sponsor close relatives or family members for permanent residence to Canada if they are eligible. Sponsorships range from a period of three to 10 years depending on the length of the undertaking undertaking. Most sponsors will have to show that they have enough income to meet the Low Income Cut Off requirements in order to sponsor their family member(s).

Eligible family members from abroad include:

1. spouses, common-law or conjugal partners 16 years of age or older;
   parents and grandparents;
2. dependent children, including adopted children;
3. children under 18 years of age whom you intend to adopt;
4. children under guardianship;
5. brothers, sisters, nephews, nieces or grandchildren who are orphans; under the age of 18 and not married or in a common-law relationship; or
6. One can also sponsor one relative of any age if they do not have an aunt, uncle or family member from the list above who they could sponsor or who is already a Canadian citizen, Indian or permanent resident.

Eligible Family Members from Within Canada : Spouse or Common-Law Partner in Canada Class

An applicant can sponsor a spouse or common-law partner from within Canada if they have been living with them in Canada and have maintained their legal temporary status. Sponsorship of a spouse or common-law partner includes their dependent children whether inside or outside of Canada.

6. Tribunal Hearings at the Immigration and Refugee Board :

a. Immigration Division

The Immigration Division conducts admissibility hearings for certain categories of people believed to be inadmissible to,
or removable from, Canada under the law. It also conducts detention reviews for most persons being detained under the
Immigration and Refugee Protection Act.

b. Immigration Appeal Division

The Immigration Appeal Division hears appeals of sponsorship applications refused by officials of Citizenship and
Immigration Canada ; appeals from certain removal orders made against permanent residents, refugees and other
protected persons, and holders of permanent resident visas; and appeals by permanent residents who have been found
outside of Canada not to have fulfilled their residency obligation; and appeals by CIC from decisions of the Immigration
Division at admissibility hearings.