Immigration to Canada FAQ

1. What are some starting points about immigrating to Canada?

Where do I start?

I want to immigrate to Canada, what should I do first?

I am in love with a Canadian, how can I become a Canadian?

are some of the most common questions the denizens of

misc.immigration.canada are confronted with. Although most people are

happy to oblige and point you to the right place, it would be best if you

check the relevant information already available on the net and ask your

more specific questions on the newsgroup, which is bound to help you

considerably more than the vague questions that are exemplified above.

The Canadian Government's Citizenship and Immigration Department [CIC] has

a bi-lingual web site at:

<http://www.ci.gc.ca/>

For immigration to Quebec, the Quebec Provincial Government has a french

language web site at:

<http://www.immq.gouv.qc.ca/>

------------------------------

2. Can you give us an overview of the immigration process?

The Canadian Immigration process is explained at the CIC site mentioned in

section 4 and also in the various Canadian Immigration FAQs cited in

section 97. If we try to simplfy it, it consists of a paper screening

phase, in which the documentation required by the local consulate/embassy

are assessed using the criteria determined by the Canadian Government [in

the case of applicants headed for Quebec, by the Quebec Provincial

Government] which employ a point grading system. After the points are

calculated, you might or might not be called for an interview. A positive

interview result, or an interview waiver will get you to the medicals check

phase, to ensure that you do not have any illnesses that can threaten the

Canadian populace and/or have ailments that would make you a burden on the

Canadian Health System. A positive medical result will lead to an

immigrants visa for you and your dependants. Please note that this

overview is necessarily over-simplified and you are welcome to visit any of

the numerous Canadian immigration lawyer sites and the FAQs [section 9x] to

get a more in depth explanation.

NOTE:

If you want to settle in Quebec, contact the Quebec Immigration Office

responsible for processing applications for nationals from your country

------------------------------

3. Where can I find the application forms for immigration?

You will find application forms from the nearest Canadian Embassy and

consulate. This is the recommended way of obtaining the forms, since

although the basic forms are universal, each consular post has different

supplementary forms and/or information which is country/region specific.

The CIC site has some of these forms in PDF format at the URL: =09

<http://www.ci.gc.ca/english/coming/emain.html>

------------------------------

4. I am an engineer/engineering technician/technologist/physician,

do I have to get accreditations before immigration?

There are some professions that are regulated in Canada. You need to be

licensed to practice by provincial authorities to practice. Engineers,

engineering technicians and technologists and physicians are among these.

You have to get your qualifications assessed for immigration purposes by

the relevant accreditations body before your immigration request could be

processed.

------------------------------

5. What is the address of the relevant professional organization for assessment of professional qualifications (CCPE/CCTT/CMA)?

The Canadian Council of Professional Engineers

Informal Assessment Program

Suite 401, 116 Albert Street

Ottawa, ON K1P 5G3=20

Canada

Tel: +1 (613) 232-2474

Fax: +1 (613) 230-5759Web: <http://www.ccpe.ca/>

The Canadian Council of Technicians and Technologists

285 McLeod Street=20

2nd Floor=20

Ottawa ON K2P 1A1=20

Canada

Tel: +1 (613) 238-8123

Fax: +1 (613) 238-8822Web: <http://www.cctt.ca/>

Medical Council of Canada

Box 8234

Ottawa, ON KlG 3H7

Canada

=20

Tel: +1 (613) 521-6012

Fax: +1 (613) 521-9417Web: <http://www.cma.ca/mdtrnlic/index.html>

------------------------------

6. Where can I find the General Occupations List (GOL)?

The General Occupations List can be found at the URL

<http://cicnet.ci.gc.ca/english/immigr/occ/occup1.html>

An Adobe Acrobat (PDF) version is also available at:

<http://cicnet.ci.gc.ca/english/pdffiles/pub/occup-e.pdf>

------------------------------

7. What is the National Occupational Classification (NOC) and where can I find the NOC descriptions?

The National Occupational Classification is a systematic classification of

Canadian occupations, based on extensive occupational research, analysis and

consultation conducted throughout Canada. and it has replaced the outdated

Classification and Dictionary of Occupations in immigration matters effective from May 1, 1997.

The NOC descriptions can be accessed on-line at the URL:

<http://www.eoa-hrdc.com/3519/menu/occnoc.stm>

------------------------------

8. Can I apply for the SIN and provincial health insurance before

landing?

For Canadian Permanent Residence applicants, it is not possible to apply for

the SIN before completing the landing formalities. Similarly, provincial

Health insurance cannot be applied for before landing and even after landing you

should be able to demonstrate that you are a resident of the province (ie. rent

contract, mailing address (no PO Boxes), utility bills etc.) Most provincial health

plans have a waiting period of 3 months before they cover you, so it is best if you

apply for the health plan of your province as soon as possible after landing. People who have been inside Canada prior to landing, either on student or work authorizations may already have SINs and/or may be covered by the Health

plan, please check with your provincial authorities.

------------------------------

9. Can I change the province/city I intend to land?

For applicants in the skilled worker category, you do not have to land in=

the city and/or province that you have indicated in your IMM008 form. There IS

one caveat, however. If you have indicated a non-Quebec destination but try to

land in Quebec, you might have problems at the border, since Quebec has the

provincial authority to choose its own immigrants, and has a slightly different

immigration procedure. If you do have to land in Quebec without a CSQ, you should be able to show that you are continuing on to a destination outside Quebec. Evidence for this can be in form of an ongoing airline ticket, a lease, an off-Quebec job offer, etc.

Landing in Victoria, BC, while your intended destination had been Toronto,=

ON,

however, will not present you with a problem. The exception to this is

Business=20

Class/Entetrpreneur applicants, since the minimum investment conditions on

the=20

granting of such visas differ from province to province.

------------------------------

10. Can I practice another profession than my "Intended Occupation"?

Yes, and furthermore, you might find that you could not practice your

intended occupation right from the outset of your entrance to Canada, since

some professions require licensing, and you would need to re-qualify in the

province of your residence to practice your profession. Otherwise, there

is no compulsion with regard to your occupation.

------------------------------

11. What is Language Instruction For Newcomers (LINC)?

For immigrants and their dependants who are not proficient in one or both

of the offical languages of Canada, English and French, or for those who

want to improve their language skill, the Canadian Government has a

Language Instruction For Newcomers (LINC) program. Information about the

program can be obtained from the CIC website, at the URL:

<http://cicnet.ingenia.com/english/pub/linc-2e.html>

------------------------------

12. Where can I find the list of Medical Practioners approved by CIC?

The list is available at the CIC website, at the URL:

<http://www.ci.gc.ca/english/info/medical.html>

------------------------------

13. My wife is pregnant, does she also have to get the x-rays for the medicals?

Since X-rays can have a damaging effect on the developing foetus, the

medical examinations of your wife will most probably be postponed, with the

inevitable delays any postponement will cause, since you will not be issued

a visa without first having completed the medicals.

------------------------------

14. My dependants will not be accompanying me to Canada,=20

do I have to include them in my application?

Any dependents you have should go through the medical and criminal checks,

and they should be included in your application even if they are not

accompanying you at this time. If any of your dependants (accompanying or

non-accompanying) should happen to fail in the medical or security checks,

all the applications will normally be rejected.

------------------------------

15. I have to go back to my/a third country to finish my school/contract/work, can I do it?

This is of course possible, but beware of the so-called 183 rule. If you

need more time, you might choose to apply for a Returning Resident Permit

(RRP), so as not to lose your Canadian PR status. Finishing advanced

studies, contract work, liquidating your assets, or an illness in the

family are all acceptable reasons for leaving Canada temporarily and will

not have an adverse effect on your PR, provided that the absence is not

very long and/or the reasons for leaving are well documented and the PR=20

returns to Canada soon after the completion of the reason for being abroad.

------------------------------

16. Can I be a Canadian PR and hold a US Green Card at the same=

time?

Yes, but not indefinitely. One cannot be a permanent resident in two

countries at the same time, so sooner or later you'd have to choose one of

the countries in question. Having a US Green Card, applying to the DV

lotteries etc. does not effect your eligibility and ultimate acquistion of

Canadian PR.

------------------------------

17. I have a car and I want to import it into Canada, can I do it?

In general, the vehicles to be imported to Canada has to meet some uniquely

Canadian standards. Not all cars manufactured in the USA, let alone other

parts of the worlds, do or could be made to conform to these standards.

So, before deciding to import your car into Canada, you should check with

the Registrar of Imported Vehicles. You can reach the RIV at:

+1-800-511-7755

.=20RIV also has a web site with information about specific canadian

requirements on cars at: =20

<http://www.riv.com/>

------------------------------

18. Can I change my US/UK/<whatever> Driver's Licence for a Canadian DL?

Driver's licenses are under provincial juridisction, but generally

speaking, you'd have to pass a driving test and surrender your out of

province driving licence to get a Canadian one. Depending on the province,

you can drive with your out of province DL for a period of 2 to 3 months.

There is an Ontario government Drivers and Vehicles FAQ at the URL:

<http://www.mto.gov.on.ca/english/dandv/d&vfaq.htm>

------------------------------

18. What is the 183 Day rule?

The so-called 183-day rule is the requirement for a landed immigrant of

Canada to spend less than 6 months in any given 12 month period. Staying

outside the country for more than 183 days might be interpreted by the

Canadian authorities as the abondanment of Canada as a place of residence

and might cause problems when you try to re-enter Canada after a long

absence. One way to avoid this is to obtain a Returning Resident Permit.

(section 28)=20

A person will lose permanent resident status in Canada if and when he

abandons Canada as his permanent home. A PR who remains outside of

Canada for many years (such as one attending school abroad) will

not lose PR status, if he still maintains Canada as his home.

Conversely, a PR who moves out of Canada without any intentions

of returning or maintaining his permanent home there loses his PR status

the day that he leaves.

The 183 day rule is used to determine who has the responsibility of

proving that a permanent resident has or has not abandoned Canada.

When a PR has been out of Canada for less than 183 days in any 12

month period, normally the burden of proving that PR status has been

lost falls on the Canadian government. The government would have to

be able to clearly show that the person in question left Canada

and had no intentions of returning or retaining his PR status.

When a person is outside of Canada for more than 183 days in any

12 month period, the burden shifts from the government to the

immigrant. He would have to be able to show that he has not

abandoned Canada as his permanent home. Some of the ways that

a person can show that he has not abandoned Canada include

(but are not limited to): Maintaining a house/apartment in Canada or

having immediate family members in Canada (and returning to visit them

when possible), maintaining bank accounts, NOT declaring yourself to be

a resident of another country, NOT declaring to anyone that you are

not a resident of Canada, continuing to file Canadian tax returns,

maintaining a Canadian issued driver's license, and finally, obtaining

a Returning Resident Permit. Caution should be noted that a Returning

Resident Permit is not a guarantee, and that if other acts performed,

or statements made by a PR indicate that a person has abandoned Canada

as his permanent home, such status could be lost despite the RRP.

Remember, the RRP is issued on the basis of what you tell the

Canadian government, but your actions will also be looked at.

"Actions speak louder than words" and they tend to carry more

weight in such decisions.

(section 28)=20

------------------------------

19. How long will it take to become a Canadian Citizen?

In order to become a Canadian Citizen, you must have spent 3 years out of

the past 4 years inside Canada as a permanent resident. All time in Canada=

=20

(during the four year period that ends on the date you make the application)=

=20

that you spend as as a landed immigrant counts in full and all time in=

Canada=20

in another status (eg. on a student visa or an employement authorization)

counts=20

half. Short leaves of absence, for instance vacations, are usually not=20

substracted from this time . =20

You will also have to take and pass a Citizenship Exam, after which you

either=20

swear or affirm an oath to become a citizen.

------------------------------

20. How much money should I bring to Canada?

The settlement funds necessary change depending on the size of your family

and your intended destination. The latest information on the CIC site on

this subject is:

October 1997

Applicants must prove they have enough money to support themselves and

their dependants for six months after they arrive in Canada. The government

provides no financial support to new immigrants. You should research the

cost of living in the region of Canada where you intend to live. You should

take with you as much money as possible to make your initial establishment

easier. You will be required to show proof of your funds. An independent

applicant, upon entering Canada, is required to have at least CAD

$10,000.00 plus CAD $2,000.00 for each dependant.=20

A more comprehensive breakdown is available at the various Canadian

Immigration websites. (Subject 97)

------------------------------

21. Can I retire and move to Canada?

Unfortunately the answer to this question is no, the retired immigration

category was discontinued in 1991. =20

------------------------------

22. How can I maintain my Canadian residency even if I am outside Canada?

There are ways to do that, for example working for a foreign subsidiary of

a Canadian company and maintaining a pied-a-terre in Canada. Detailed

information about maintaining your Canadian residency can be obtained at

the URL (c) Timothy E. Leahy:

<http://americanlaw.com/cdnmaintres.html>

------------------------------

23. Is the 183 rule 183 days in a year, or is it 183 days in any consequitive 12 months?

The 183 days are calculated on the basis of 12 month periods, so, for

instance, being about of the country for 180 days as of December 1997, you

have 3 days left, not a brand new 183 days on January 1, 1998. If you have

to stay out of the country for more than 183 days in any given 12 month

period, you might consider applying for a Returning Resident Permit.=20

------------------------------

24. What is a Returning Resident Permit (RRP)?

If immigrants 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 the individual has been landed. A Returning

Resident Permit is useful in that it shows the immigrant has not abondoned

Canada as his/her place of residence. For absences shorter than 6 months,

there is no need for an RRP.

------------------------------

25. Will my child have Canadian Citizenship if born in Canada?

As long as the parents of the child are not in Canada as diplomats

representing

a foreign country, the child automatically receives Canadian Citizenship at

birth. =20

This applies all children born in Canada, regardless of the parents'

immigration=20

status in Canada. =20

------------------------------

26. I have changed/renewed my passport, what do I do with my record of landing?

Although the Record of Landing includes your passport number, it is not=20

necessary or possible to obtain a new Record of Landing to go with your

new passport. Simply unstaple the Record of Landing from your old passport

and staple it to your new passport.

------------------------------

Subject: I have been called to an interview. There is a list of=20

original documents I am asked to take, some of which I already=20

provided. What do I do?

You probably received a pre-printed general purpose form. Do not worry, you=

=20

do not have to obtain any original documents you have already given. Simply

take xeroxes (photocopies) of the original documents you have provided and

the originals of the documents you have provided as xeroxes (photocopies).

------------------------------

Subject: I am a Canadian PR. Do I need a visa to go to the US?

Being a Canadian PR does not, in itself, provide you with special status

with respect to the US authorities. There are two groups of people who

can enter the US without a visa: Landed Immigrants who ALSO are the citizens

of a Country in the Commonwealth (or Ireland), and citizens of countries=20

participating in the Visa Waiver Pilot Program (VWPP).

To enter the US under the exemption for Commonwealth (or Irish) citizens,=20

a person must present his passport and proof of his Landed Immigrant status,=

=20

at the port of entry.

To enter the US under the VWPP, a person must present his passport, a=20

return transportation ticket good for travel within 90 days (if entering by

air.

If entering by car, no return ticket is required), and a completed I-94W=20

(visa waiver arrival/departure)form .

=20

For more information about the VWPP and currently participating countries,

please see the US State Department site:

<http://travel.state.gov/vwpp.html>

------------------------------

Subject: I am a Canadian PR. Can I work in the US? What about NAFTA?

The provisions of the NAFTA agreement are applicable to Canadian Citizens

only, thus

being a Canadian Permanent Resident does not by default make you eligible

to work in

the US. Under certain circumstances, Canadian PRs can get an L-1

(intra-company=20

transferee) visa but please check with the relevant immigration authorities

in BOTH

countries about the specifics, especially about retaining your residency in

Canada.

There is a Canada-to-US immigration site that has information about all

types of visas

Canadian Citizens and Permanent Residents can get to the US under the NAFTA

at the URL:

<http://www.grasmick.com/nafta.htm>

Additionally, you can consult the part 4 of the US Immigration FAQ about US

visas for=20

Canadian Citizens at the URL:

<http://www.immigration.com/docs/faq/part4>

------------------------------

Subject: Is there an immigration quota of the Canadian Government?

No. The Canadian Government annualy publishes the immigration targets for

the following=20

year, but an offical cut-off point or quota on the applications does not

exist.

------------------------------

Subject: 35. Can I apply for a visitor's visa/employment authorization=20

while my PR application is in process?

Yes. This is called Dual Intent and is permissible as long as the visa=

office

is convinced of the temporary nature of the visit. Be warned, however,

that if you=20

are on a visitor's visa and you have not received your PR visa when the

visitor's=20

visa expires, you might be denied a visa extension. Working in Canada,

either=20

under the NAFTA provisions or on an employement authorization during PR=20

application is possible.

------------------------------

Subject: When should I pay the Right Of Landing Fee (ROLF)?

Since April 1997, the CIC permits the ROLF to be paid at any time during

the application

process, not necessarily at the first application stage. The ROLF,

however, has to

be paid before the issuing of the PR visa.

------------------------------

Subject: 97. Other FAQs and Information sources on Immigration to Canada

There are a number of FAQs and other information related resources on the

web about Immigration to Canada and for the newcomers in the Great White

North. These are listed in alphabetical order of host names.

=09

<http://americanlaw.com/cdninfo.html> Canadian Immigration Handbook

<http://canadajobs.com/> Canadian Jobs Resource

<http://canadavisa.com/> Campbell, Cohen, Attorneys

<http://cicnet.ci.gc.ca/> Citizenship and Immigration Canada

<http://www.ci.gc.ca/english/pub/> CICNet Publications Index

<http://www.cdnsresabroad.com> Canadians Resident Abroad

<http://www.migrationlaw.com/> Law Offices of Guidy Mamann

<http://www.movingto.com/> Moving to Series of Periodicals

<http://www.singer.ca/> Canadian Citizenship & Immigration Resource Center

<http://www.thebans.com/> The Bans' Guide To Toronto

<http://members.tripod.com/~gokce/ncg_caim.html> NCG's Canada --=

Immigration

<http://gewis.win.tue.nl/gewis/studie/lists/tor-immi/> Toronto Immigration

Mailing List Homepage

------------------------------

Subject: 98. Glossary of Frequently Used Acronyms

Not knowing the acronyms of things might make some of our answers in the

newsgroup well nigh unintelligable. So, here are a few acronyms used in

this newsgroup.

FAQ: Frequently Asked Questions

--------------------------------------

AOR: Acknowledge of Receipt

APC: Area Processing Center

CCDO: Canadian Classification and Dictionary of Occupations=20

(replaced by the NOC since May 1, '97)

CCPE: Canadian Council of Professional Engineers

CCTT: Canadian Council of Technicians and Technologists

CIC: Citizenship and Immigration Canada

CMA: Canadian Medical Association

CSQ: Certification du Selection Quebec -- Quebec Selection Certificate

GOL: General Occupations List

GST: General Sales Tax

HC, H&C: Humanitarian and Compassionate Grounds

HRDC: Human Resources Development Canada.

IMM008: Immigration form # IMM008

(the form for application for permanent residency in Canada)

IT: Information Technology

LICO: Low Income Cut-Off

LINC: Language Instruction For Newcomers

NOC: National Occupational Classification

OHIP: Ontario Health Insurance Plan

PDF: Portable Document Format, Adobe's e-document standard

POE: Port of Entry

PPT: Passport

PR: Permanent Resident

PST: Provincial Sales Tax

RIV: Registrar of Imported Vehicles

ROLF: Right of Landing Fee

RPC: Regional Processing Center

RRP: Returning Resident Permit

SIN: Social Insurance Number

------------------------------

Subject: 99. Disclaimer and Credits

This FAQ wouldn't be possible without the information provided already on

this newsgroup. The below list is by no means complete, since

[misc.immigration.canada] is one lucky newsgroup that has many people who

has contributed to it their valuable experiences and knowledge. The names

are listed in alphabethical order by surname. This list is far from=

complete,=20

and does not include people who EXPLICITLY chose not to be included in the

list, though their contibutions to the newsgroup are no less than those=20

listed below.

Ron Beirnes=20

Donald Cameron=20

David Cohen=20

Margaret Collins=20

Stephen Gallagher

Jim Humphries=20

Carolyn Poulter

------------------------------

(c) copyright 1998 Neyir Cenk Gokce=20

------------------------------

Disclaimer:

This article is provided as is without any express or implied warranties.

While every effort has been taken to ensure that the accuracy of the

information contained in this article, the maintainer and/or the

contributor(s)=20

assume(s) no responsibility for errors or omissions, or for damages=

resulting=20

from the use of the information contianed herein. =20

PLEASE NOTE THAT THE INFORMATION CONTAINED IN THE FAQ IS NOT INTENDED TO

SERVE=20

AS SPECIFIC LEGAL ADVICE AND THE APPLICATION OF LAWS, ESPECIALLY IMMIGRATION

LAWS CAN VARY DRASTICALLY ON A CASE BY CASE BASIS. CONSULT A LEGAL

PROFESSIONAL

IF YOU NEED EXACT LEGAL ADVICE, SINCE SOME INFORMATION CONTAINED HEREIN HAVE=

=20

BEEN PROVIDED BY LAYPERSONS AND YOU SHOULD USE YOUR OWN JUDGEMENT IN=

EMPLOYING

THIS INFORMATION.=20