Rosenblatt Associates, Canadian Immigration Lawyers

There are many ways to qualify for Canadian Permanent Residence as a skilled worker. We help you determine the best way to apply for permanent residence, and will guide and represent you throughout the process.

The Ministerial Instruction Class

Although the immigration Minister announced approvals will take just 6-12 months to complete the entire processing times will likely be much longer due to new processing backlogs. Applicants can immigrate with their qualifying “dependents”.

• obtain 67 points on the Points Selection System
• have one year of qualifying work experience within the last 10 years
• have Settlement Funds to support family in Canada (if no arranged employment)

Category 1: One (1) year experience on High Demand Occupation List
Category 2: Arranged Employment (AE) approved by HRSDC

Other Options

Canadian Experience Class
For applicants with at least two years work experience in Canada, or post graduates with at least two years of study and one year of Canadian work experience in Canada. Lower language requirements and Point System is not applicable. >more

Provincial Nominee Programs (PNP)
There are a various PNP programs available. >more

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Accompanying Dependents
Accompanying family members include the applicant's spouse, common-law partner and dependent children. They can receive a visa at the same time as the principal applicant or follow later. Non-accompanying children should be medically examined or that child cannot later be sponsored.

“Dependent child"

• is less than 22 years of age (and not a spouse or common-law partner) and has depended substantially on the financial support of the parent up until the age of 22 — or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner — and, up until the age of 22 or since becoming a spouse or common-law partner, has been a student continuously enrolled full-time at an accredited post-secondary institution, and actively pursuing a course of academic, professional or vocational training; or
• is 22 years of age or older and has depended substantially on the financial support of the parent up until the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.

“Lock-in Dates” for dependents
The age of accompanying dependent children is “locked in” on the date of application, but dependence is not. If a child is under the age of 22 on the date of application, but 23 when the visa is issued, he/she may still be included as part of the parent’s application as an accompanying dependent—as long as the child still satisfies the other elements of the definition of a dependent child. If the child over the age of 22 is considered a dependent on the date of application by virtue of being financially dependent due to full-time study or physical or mental condition, then the child must still meet the requirements of these provisions.

All dependents be “admissible” - no criminal or medical problems
The principal applicant and all dependents (accompanying or not) must be determined admissible. They must have a medical examination and have no criminal offenses. Exceptions include separated spouses and children who not in the legal custody of the applicant or accompanying family members. If these family members are not examined, they cannot be sponsored in the family class in the future.

Family members may be added to your application after you apply
Family members can be added any time during the process, even after the visa is issued but prior to obtaining permanent resident status. Applicants must inform immigration if the family composition changes.

Qualifying Work Experience
The applicant must have performed the actions described in the lead statement for the occupation (or occupations) as set out in the occupational description of the NOC. Also, the application must have performed a substantial number of the main duties (including all the essential ones) of the occupation as detailed in the occupational description of the NOC.

The National Occupation Classification List (NOC)
The NOC is the official government classification system of occupations in the Canadian economy and describes duties, skills, aptitudes, and work settings. For the purposes of skilled worker applications, the Employment Requirements listed in the description of each occupation are not applicable.

Required Settlement Funds
The government wants to make sure you and your family have enough funds to support yourselves for at least the first six (6) months in Canada. (This does not apply if you have approved Arranged Employment.) The funds must be available and transferable as well as unencumbered by debts or other obligations.

# of Family Members	1	2	3	4	5	6	7 or more
Funds Required (CDN)	$10,833	$13,486	$16,580	$20,130	$22,831	$25,749	$28,668

Immigration Interviews
Immigration officers often convoke interview to check the accuracy or authenticity of the information or documentation. Visa Officers also conduct random verification interviews to detect and deter fraud.

Misrepresentations
If you make a “material” misrepresentation you could receive a two-year ban from applying again. We will carefully advise and represent you so that you do not make any material misrepresentations.

Positive Discretion:
Officers may use “substituted evaluation” if they want to approve an applicant who does not meet the requisite point total. Positive Discretion can’t be used if insufficient settlement funds, a failure to meet the definition of a skilled worker, or failure to meet the Ministerial Instructions. “Negative Substituted Evaluation”, (although rarely used) can be used to refuse a case if an officer believes the applicant will not be able to establish themselves in Canada. Another “designated officer” must also agree.

Approvals based on Humanitarian and Compassionate Grounds
The Immigration Minister or his/her delegates can override inadmissibility and grant admission to Canada in a range of situations involving sufficiently compelling circumstances.

Medical Requirements for Canada
Applicants and their family members, whether accompanying you or not, must undergo and pass a medical examinations. They must not have a condition that endangers public health or safety or would cause excessive demands on Canada’s health or social services. Applicants must see a physician on Canada’s list of Designated Medical Practitioners. The medical examination results are valid for 12 months from the date of the first medical exam.

Police Clearances
All applicants must submit police certificates/clearances as part of the application process. Applicants and family members who are 18 years of age and older and are not permanent residents or Canadian citizens have to provide a valid police certificate, police clearance, or record of no information for each country other than Canada, in which applicants have lived for at least six consecutive months since reaching the age of 18. Clearances should no be more than three (3) months old prior to submitting. Originals (and translations if not in English or French) are normally required. Immigration may also do other background checks.

Translation of Documents
Document not in English or French must normally be accompanied by an English or French translation plus an “affidavit” (or sworn statement) from the translator. Certified copies of the document are recommended.

Government Processing Fees
Government Processing Fees for Permanent Residence (paid when application submitted):

Federal Applicants	Principal Applicant	$550
Adult Dependents	Spouses and children over 22 or married.	$550 each
Dependent Children	Less than 22 and is neither a spouse nor common-law partner.	$150 each

To be paid when Permanent Residence is approved:

RPRF

Right of Permanent Residence Fee* Paid before the immigrant visa is issued.

$490/adult