immigratecanada@immigratecan.ca
immigratecanada@immigratecan.ca 
Canadian immigration consultant I. Tretiacova License R511206
The changes carried out in the Canadian immigration system since 2012, have also affected the spousal sponsorship. Last amendments that came into force in June 2015 affected the regulations related to the recognition of marriages that have been concluded without the physical presence at the ceremony of one or both parties (proxy, Internet, telephone or similar). The sponsorship of a spouse, married in one of the mentioned ways is not valid anymore. Exception has been made for members of Canadian Armed Forces.
In addition, sponsoring a spouse is only possible if both the husband and wife are at least 18 years old when applying for sponsorship. Such rule also applies to common-law partners.
An important factor determining the eligibility for sponsoring the spouse by a Canadian party, is not only the legitimacy of the marriage in the country of its conclusion, but the recognition of such marriage in Canada. Marriage between close relatives, or polygamy, for example, are not subject to sponsorship.
The new regulations were adopted to prevent forced marriages and infusion in Canada of barbaric customs that infringe the freedom and rights of young women.
Introduction of a Conditional Permanent Residence Status of the sponsored spouse is the additional significant amendment to the immigration law that took effect in October 2012. It was introduced to protect Canadians, whose sincere feelings are often used to obtain an official status in Canada, as well as to prevent fictitious marriages.
The essence of the new regulation lies in the fact that if the sponsored individual has been in relationship with the sponsor for at least 2 years and has no children in common, he/she is granted permanent residence status in Canada for only 2 years period, and the couple must live together throughout this period.
If the couple even temporarily separates (except for short business trips), the permanent status of the sponsored spouse will be canceled, and the individual will be obliged to leave Canada. Exceptions may be made upon confirmation of the facts of physical, psychological, financial abuse, violence or neglect.
Moreover, according to the same amendment, which came into force in June 2015 in the case of further divorce (after a 2-year period), the sponsored spouse may not sponsor a foreign national as spouse, within 5 years from the day the permanent residence status has been granted to him/her.
Individuals who have permanent resident status in Canada, but are not its nationals or residing outside of Canada can not sponsor their wives / husbands. They can start the sponsorship process only while being in Canada.
Restrictions in respect of those who may not sponsor their foreign spouses or common-law partners did not change and consist but not limited to the following:
Before marrying someone who is not a resident or citizen of Canada, ask yourself whether you will be able to ensure a joint residence in Canada or not, and how will you sponsor your soulmate.
If you have difficulties answering these questions, just ask us! We will help you!
Live- in nannies and caregivers are always in demand … The Live-In Caregiver Program is supported by the Federal Government of Canada. It was specifically designed to attract qualified nannies and caregivers with experience working with children, elderly or disabled persons.
EXPRESS ENTRY
The system of accelerated data processing introduced on January 1, 2015 by Citizen and Immigration Canada has led the consideration of applications for the previously known Independent Immigration to the fundamentally new technological level.
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The system of accelerated data processing introduced on January 1, 2015 by Citizen and Immigration Canada has led the consideration of applications for the previously known Independent Immigration to the fundamentally new technological level.
The mentioned system does not provide a quick entry into the country, as it may seem from the title. It allows processing the received applications, using both modern IT tools and new approach that consists in evaluating basic information of the main applicant and his spouse through a Comprehensive Ranking System (CRS).
Under this system, the main applicant can score a maximum of 1200 points based on the selection criteria determining the success of an immigration application such as age, English / French language proficiency, level of education, work experience, ability to adapt in a new country and a job offer from a Canadian company.
Express Entry system manages applications under main programs:
• Federal Skilled Worker Program (High-qualified specialists)
• Federal Skilled Trades Program
• Canadian Experience Class (Individuals with Canadian experience)
Only after processing data in the Express Entry, the system determines the number of points and the category for which the applicant may obtain a further invitation to apply for permanent resident status.
In case the low score does not allow receiving the invitation, the application of the candidate remains in the system for 12 months. Each month the total score is reviewed automatically. Applicants have the opportunity to update their system profile, by adding or changing information affecting their total score, such as, for example the received authorized job offer ( with a LMIA issued by Employment and Social Development Canada (ESDC)\ Service Canada.
It is important to know that the cumulative score is determined by the system every month based on the data entered in the system at the time of selection.
Thus, the immigration process through the Express Entry consists of two stages:
Enter personal information and create an online profile,which is going to be further processed by the system;
Apply for permanent resident status, after receiving through the system an official invitation from the immigration service.
In case of low score and removal of candidate’s profile from the system, the applicant’s data can be re-entered in the Express Entry after improvement of performance factors (additional education or work experience, higher level of proficiency etc),.
To determine your chances for entering personal information into the system, and the probability of receiving an invitation to apply for permanent resident status, you can contact us and our experts will make a preliminary assessment of your data !
After the introduction of the Express Entry system at the federal level, the majority of Canadian provinces and territories received a quota to select candidates through this system.
Provinces of Alberta and Quebec do not use this system. Candidates for these provinces are selected through previously adopted provincial programs, such as AINP and PNP Quebec.
To be selected for the Provincial Nominee Program through Express Entry, the applicant must first be registered in the system. Then, in the Expess Entry database, the applicant may select his candidature to be considered by the appropriate provincial program.
In such case, the applicant must first meet general Expess Entry system selection criteria, as well as the criteria of the selected provincial program in the category Express Entry PNP *
*PNP – Provincial Nominee Program (selection of candidates by provinces for further consideration of their applications for permanent residency in Canada provinces by the Federal Immigration Service).
In 2015, most provinces have exhausted their quotas in Express Entry.
Quatas for 2016 will be announced at the end of 2015
Since January 2015, this category of workers is selected for further permanent residence immigration through Express Entry. Those who want to immigrate to the province of Quebec are not subject to this category (See. Independent Immigration for Provinces Programs).
The main selection criteria are:
Have at least 12 months full-time official work experience in Canada during the last 3 years ( or an equal amount of part-time experience)
Note: Self-employment or experience gained during full-time studies do not count under this program .
2. Language proficiency:
2 А. Individuals with Canadian skilled work experience within jobs of level 0 and type A classified in under Canadian National Occupational Classification (NOC), must meet the following criteria:
| Reading | Writing | Listening | Speaking |
|---|---|---|---|
| 207-232 | 310-348 | 249-279 | 310-348 |
2 B. Individuals with Canadian skilled work experience within jobs of type B classified under Canadian National Occupational Classification (NOC), must meet the following criteria:
English – minimum required level is IELTS 5 in each language ability
French – minimum required level is TEF in the following ratio
| Reading | Writing | Listening | Speaking |
|---|---|---|---|
| 151-180 | 226-270 | 181-216 | 226-270 |
Requirements to the Canadian education are not applicable under this category. Education in Canada may only add points to the candidate, in the existing Comprehensive Ranking System).
In order to check if you comply with the requirements for immigration under the category of workers who have Canadian experience, you can fill in the form on our website, and our consultants will make a preliminary analysis of your data.
FEDERAL SKILLED TRADES PROGRAM
Since January 2015, this category of skilled trades runs the selection for further immigration through Express Entry.
Individuals willing to immigrate to the province of Quebec are not subject to this category (See. Independent Immigration of Provinces Programs).
The selection is carried out for the skilled trades, with expertise in the following areas according to the Canadian National Occupational Classification (NOC):
Industrial, electrical and construction trades (NOC 72)
Maintenance and equipment operation trades (NOC 73)
Supervisors and technical jobs in natural resources, agriculture (NOC 82)
Processing, manufacturing and utilities supervisors and central control operators (NOC 92)
Chefs and cooks (NOC 632) – catering
Butchers and bakers (NOC 633) – catering
The main selection criteria are :
Have at least 2 years full-time official work experience, in a skilled trade, within last 5 years (or an equal amount of part-time experience)
Note: apprenticeship does not count as work experience.
2. Have an employment offer from a Canadian company (together with the LMIA issued by Service Canada or a Certificate of qualification in that skilled trade issued by a Canadian provincial authority
3. Meet the required level of official language of Canada by including a certificate with results of one of the tests in GENERAL category, with minimum following scores:
| Test | Reading | Writing | Listening | Speaking |
|---|---|---|---|---|
| IELTS (English) | 3.5 | 4.0 | 5 | 5 |
| TEF (French) | 121-150 | 181-225 | 181-216 | 226-270 |
There is no education requirement under this category. Education may only add points to the candidate, in the existing Comprehensive Ranking System).
In order to check if you comply with the requirements for immigration under this category of workers who have Canadian experience, you can fill in the form on our website, and our consultants will make a preliminary analysis of your data.
The easiest ways to enter Canada. Only on our website. Over 20 immigration programs.
Individuals planning to work in Canada on a permanent basis, have to apply for Independent Immigration (Skilled Worker) program. However, if you intend to work in Canada during temporarily, then you have to get a work permit. Work permits are not issued to those who are searching for job. Work permits are issued only to those who have a specific job offer, with mentioned employer and a period of temporary employment.
For most jobs, the process of obtaining a work permit begins with the application of a Canadian employer to the Employment and Social Development Canada (ESDC), to get a permission to hire foreign workers. The Service will determine whether the job offer complies with the Canadian labor standards, and confirm that no qualified citizen or permanent resident of Canada is available for the post proposed to the foreign worker.
Certain categories of applicants, such as senior management, priests, employees of embassies or sports referees, do not require the prior consent of the ESDC.
If the applicant intends to work on temporary basis in the province of Quebec, he/she may also require a Certificate of Acceptance of Quebec (CAQ) issued by the Immigration Service of Quebec.
To get a work permit the applicant must convince the visa officer that he/she will comply with the conditions of temporary stay in the country and leave Canada at the end of the employment contract. All previous visits and submit applications of the candidate will be taken into account during the assessment of the application for a work permit. Considerable attention will be paid to the financial status of the applicant to ensure that he/she will not seek financial assistance from the Government of Canada.
It is important to know, that the spouses and dependent children of foreign workers are also eligible to get a work or study permit, if they intend to seek employment or attend a school in Canada. Permission from ESDC is not required for a work permit obtained by a spouse.
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