How to move to Canada from US: Legal Facts to Know, Part 1

Check out the different ways to move to Canada from the US, such as the different programs offered by the federal and provincial or territorial government
How to move to Canada from US: Legal Facts to Know, Part 1

American citizens who wish to move to Canada from the US may choose among the different immigration processes or programs offered by the federal, territorial or provincial government, depending on one’s preferences, skills, resources, and target area to settle in Canada. 

Express Entry Process 

American skilled workers may move to Canada from the US through the federal government’s Express Entry, which is an online system for accepting immigrant applications from interested job seekers.  

The Express Entry have three immigration programs that US citizens may choose from:  

  • The Canadian Experience Class 
  • The Federal Skilled Worker Program 
  • The Federal Skilled Trades Program 

Each Program has its specific requirements; but generally, a US citizen should either have a skilled work or skilled trade experience, for a minimum number of years, acquired during a paid work which may either be a part-time or full-time work. If interested, you may apply online through the official website of the Canadian federal government. 

Canada – United States – Mexico Agreement (CUSMA) 

Under Chapter 16 of the Canada – United States – Mexico Agreement (CUSMA), which pertains to the Temporary Entry For Business Persons, citizens from the USA and Mexico may temporarily enter Canada for the purpose of “trade or investment activities”.  

The CUSMA also simplifies certain processes for US and Mexico residents in entering Canada, such as the removal of the requirement of a Labour Market Impact Assessment (LMIA) for businesspersons if covered by the CUSMA, and by removing the requirement for a work permit when a business visitor enters Canada. 

The CUSMA provides for the categories of businesspersons, which have its own eligibility: 

  • Business visitors 
  • Professionals 
  • Intra-company transferees 
  • Traders and investors 

As a US citizen who has successfully moved to Canada country through the CUSMA, you may then proceed with the general ways to apply for permanent residency and citizenship in the country. 

Provincial Nominee Program (PNP) 

US citizens may also use the Provincial Nominee Program (PNP) offered by each Canadian province and territory; except for Québec which has its separate program similar to the PNP, which is the Regular Skilled Worker Program (RSWP). 

Provincial nominees under the PNP may apply through the different “streams” offered by a specific province or territory that targets certain groups of immigrants, such as streams for students, businesspeople, skilled workers, and semi-skilled workers. Each stream would also have its own requirements which is set by each province, according to their needs and preferences. 

For interested US citizens, you may apply through the specific website of the province or territory you are trying to move into (called non-Express Entry process) or through the Express Entry process. For example, Ontario’s PNP is called the Ontario Immigrant Nominee Program (OINP) found in its official website and where applications are mainly done online. For this, we’d recommend reaching out to the best immigration lawyers in Ontario for assistance. 

Sponsorship (Spousal or Family) 

Moving to Canada from the US is also possible through spousal sponsorship or family sponsorship. Under Canada’s immigration laws, a qualified sponsor (one who meets all the required eligibilities and has none of the disqualifications) may sponsor their qualified spouse or their family member (one who must also meet the eligibilities under the law and must not be inadmissible to Canada) to come to Canada to live, work or study subject to certain permits, and eventually apply for permanent residency and for citizenship later on. 

Additionally, the law requires both the sponsor and the sponsored spouse or family member to enter a sponsorship undertaking and a sponsorship agreement regarding certain financial obligations imposed upon them.  

Study Permit 

You may also move to Canada from the US as an international student, which will open the doors for you to apply for permanent residency and citizenship after graduating. All international students (including US citizens) would need to apply for a student permit for them to be able to study in Canada.  

In applying for a student permit, you need to first acquire an acceptance letter from a designated learning institution (DLI), which is a school or college approved by a provincial or territorial government to host international students. 

While in Canada, you may also work while you study subject to certain conditions, and apply for an open work permit called a Post-Graduation Work Permit (PGWP) after graduating. From there on, you may acquire the necessary work experience to use in your application for permanent residency and your eventual application for citizenship in Canada. 

Work Permit 

Moving to Canada from the US may also be employment-based, by obtaining a work permit to enter and work in Canada. You may apply for a Canadian work permit, which generally has two types: 

  • Employer-specific work permit: specifies your employer, the period of employment, and the location of the work 
  • Open work permit: a non-job-specific permit which allows you to work for any employer 

As a US citizen, it is highly advisable to apply for a work permit while you’re still in the US or outside Canada, since foreign nationals (such as tourists and visitors) normally can’t apply for work permits while in Canada subject to certain exemptions, such as when you’re a holder of a valid study permit, a post-graduation work permit, or a temporary resident permit. 

Business Immigration Program 

American businesspeople and investors may also immigrate to Canada either through the federal program called the Start-up Visa Program, which encourages immigration of foreign national who will start a business in Canada or who will invest in an entrepreneurial activity or a start-up in the country; or through the PNP of the provinces or territories whose streams are focused on businesses, job-generation, and investments. 

Learn the different ways to move to Canada either temporarily or permanently.

Want to learn more about moving to Canada from the US? Ask your questions by commenting it below or ask from the best immigration lawyers in Canada for more information.