While the dream of living in the Great White North seems achievable, it's not always that carefree. As immigration options begin to tighten up, there are still some simple options that you can consider when immigrating to Canada.
While I do my best to explain all of this, in any case, having an immigration lawyer with you is still the best option if you're planning to take any of these immigration routes.
How easy is it to move to Canada?
Lawyers from the Vancouver-based Heron Law Offices gave some insights as to the different ways of how you can immigrate to Canada. As a caution however, Will Tao, the Principal/Canadian Immigration Lawyer at Heron Law Offices, thinks that there is no "easy" option anymore.
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"Immigrating to Canada is a process that will require at the very least patience and more often than not, needing to first be in Canada to take advantage or to meet certain requirements," Tao says.
Easier immigration options to enter Canada
Hamidreza Siavashpour, also a Canadian Immigration & Refugee Lawyer at Heron Law Offices, says that some programs are widely regarded as having fewer barriers when used to immigrate to Canada, such as the following:
- for family members: "Family sponsorship, particularly for spouses or common-law partners, is often considered the most straightforward option for eligible applicants, as it mainly requires proof of a genuine relationship and basic sponsor eligibility."
- for skilled workers: "Express Entry remains the fastest and most accessible economic immigration route."
These "easy" ways to move to Canada may be offered by either the federal or the provincial governments. It will also depend on your skills, age, status, citizenship, and family or employment connections within Canada.
Watch this video for an overview of how easy it is to move to Canada, which also explains the overall policy of Canada in accepting immigrants:
For more information on how easy it is to move to Canada, consult the best immigration lawyers in Canada as ranked by Lexpert.
Immigration options that are "easy" depend on each case
"For some applicants, the 'easy' option is clear and for many others there will not be an 'easy' option," says Laura Schemitsch, another Canadian Immigration & Refugee Lawyer at Heron Law Offices.
"Regardless, in every case, immigration to Canada involves careful planning and preparation and selection of the best aligned program based on the eligibility criteria," Schemitsch adds.
What are the different ways to immigrate to Canada?
Tao says that one can immigrate to Canada under any of these options:
- economic stream
- family class
- humanitarian and refugee option
"Each year the Government releases a level plan where the exact target in each category is adjusted, but the focus likely will continue to be on economic and family class streams. There is also a current 'in-Canada focus' for those who are already in Canada as students and workers," Tao says.
Options to immigrate to Canada
Siavashpour explained more on how these immigration methods work:
- Economic immigration: includes programs managed through Express Entry—the Federal Skilled Worker, Canadian Experience Class, and Federal Skilled Trades streams—as well as the Provincial Nominee Programs (PNPs), which are administered by individual provinces and territories, with Québec operating its own selection process
- Business immigration programs and regional initiatives: like the Start-Up Visa and the Atlantic Immigration Program that further support entrepreneurs and skilled workers to immigrate in specific regions
- Rural and Francophone Community Immigration Pilots: these were launched by the Immigration, Refugees and Citizenship Canada (IRCC) to facilitate permanent residence for skilled workers with job offers in specific designated rural or Francophone minority communities outside Québec
- Family class sponsorship: this allows Canadian citizens, permanent residents, or persons registered as Indian to sponsor spouses, partners, children, parents, grandparents, or other eligible relatives
- Refugee protection: this is available to individuals who apply for asylum within Canada or at the border, while Canada's refugee resettlement program assists those referred by the United Nations Refugee Agency, a designated referral organization or a private sponsor
Check out this video on how to move to Canada for more information on these options:
Want to learn more about how easy it is to move to Canada? Check out our directory of the Lexpert-ranked best immigration law firms in Canada.
Family or Spousal Sponsorships
Sponsorship is one of the easiest ways to move to Canada, especially if you have a family member who is a Canadian. Also called family reunification, this process allows a Canadian to sponsor any of their family members:
- spouse, common-law partner, or conjugal partner
- dependent child, either by age or because of a disability
- adopted child
- parents and grandparents
- orphaned brother, sister, nephew, niece, or grandchild
- other relatives in lieu of other family members
Both the sponsored person and the Canadian sponsor must meet certain requirements and conditions under the law, depending on who is being sponsored.
Why sponsorship is an easy option to move to Canada
There are several factors why family or spousal sponsorship is one of the easy methods to immigrate to Canada:
- no work needed: although the sponsored person can apply for an open work permit after they arrive in Canada, it's not always required that they must be ready to work before or after applying for sponsorship
- online application: applications for sponsorship are done online, which makes the process even easier for spouses or family members to be sponsored who are currently living outside Canada
- lighter requirements: compared to other methods of immigrating to Canada, the policy of Canada is to be somehow lenient on family reunification, given that all requirements are met
Still, it's important to consult with a lawyer before embarking on this immigrating journey. "An immigration lawyer can help a client identify and address issues they may not be aware of (i.e. misrepresentation) to prevent issues or delays with their application," Schemitsch says.
Requirements for sponsors and the sponsored in family reunification
Under the law, both the Canadian sponsor and the sponsored foreign spouse must meet a lot of requirements:
Image alt text: Requirements for Sponsors and Sponsored Family Members
A dependent child must be under 22 years old, who can be the child of both the sponsored family member and the Canadian sponsor, or the sponsored alone. However, a child above 22 years old can still be considered a dependent if:
- they depended on their parents for financial support ever since
- they cannot financially support themselves because of a mental or physical condition
Having an immigration lawyer would be an advantage, especially when struggling with these requirements. Karina Juma, another Canadian Immigration & Refugee Lawyer at Heron Law Offices, says that lawyers can do the following:
- provide realistic advice based on the client's situation (e.g. finances, educational background, family ties)
- find creative ways to challenge program limitations (e.g., overcoming the MNI in family sponsorship)
Requirements in spousal sponsorship
The sponsor in a spousal sponsorship has the same requirements as that of a Canadian sponsor in a family sponsorship mentioned above.
On the other hand, the sponsored person may be classified into three categories and must meet the following definitions:
Image alt text: Requirements for the Sponsored in a Spousal Sponsorship
In all three instances, Canadian sponsorship does not discriminate against you and your spouse based on sex or gender. What's important is that they're not disqualified from being sponsored under the law.
What is the process of sponsoring a spouse or family member?
Whether it's for a family member or spousal sponsorship, both follow the same sponsorship process:
- Getting the proper application package, which has all the checklists of requirements and forms to be filled out
- Using the checklist, upload the specific requirements, such as passports, birth certificates, etc.
- Complete some specific forms in the portal (e.g. Application to Sponsor, Sponsorship Agreement, and Undertaking)
- Pay the fees, such as the sponsorship fee, biometrics fees, and the right of permanent resident fee (RPRF)
While moving to Canada may sound easy, you'll have to work closely with an immigration lawyer to comply with the nitty-gritty of these requirements. "The best thing a person can do is make sure their application is as fulsome/complete as possible to prevent pushbacks from IRCC, and address potential concerns pre-emptively," Juma says.
Sponsorship Undertaking and Sponsorship Agreement
For both spousal and family sponsorship, a signed undertaking or agreement must be completed by both the sponsor and the sponsored spouse or family member:
- sponsorship undertaking for Canadian sponsors: requires the sponsor to take care of the financial needs of their sponsored spouse, common-law partner, conjugal partner, or family member for a certain period
- sponsorship agreement for sponsored persons: requires the sponsored person to try their best to provide for themselves, and to minimize the obligations placed on the sponsor, such as looking for work after obtaining a work permit
What is the Express Entry program?
The Express Entry is a system managed by the federal government, which makes it easier for skilled workers to immigrate and find work in Canada. Interested skilled workers can apply to any of these Express Entry programs:
- Federal Skilled Worker Program: for skilled workers with work experience outside Canada
- Canadian Experience Class: for skilled workers with previous work experience in Canada
- Federal Skilled Trades Program: for skilled workers qualified to work on a skilled trade job
The Express Entry uses a points system called Comprehensive Ranking System (CRS). This system assigns your specific points depending on many factors, such as:
- education and work experiences
- language ability (English and/or French)
- skills, whether job-related or not
All applicants are then ranked in the Express Entry pool according to the points they received from the CRS. You will be sent an invitation to apply for permanent residence if you're a top candidate or if you have a lot of points.
Applying for the Express Entry
Here's a summary of what happens when you apply with Express Entry online:
- Create an online profile through the IRCC's secure account and enter the Express Entry pool
- Candidates with the most points will receive an invitation to apply for permanent residency
- After receiving an invitation, fill out the application and upload the required documents
- Pay the fees (e.g. processing fee, RPRF, and biometrics fee) through your IRCC secure account
- The IRCC will review the application and decide if you are eligible for the program you're applying for
Provincial Nominee Program (PNP)
Through the PNP, you can easily move to Canada to live and work in the specific province that nominated you.
A Canadian province's PNP works like Express Entry, except that the specific invitation to move to and work in Canada comes from the provincial or territorial government itself. It is an easy way to immigrate to Canada because of the variety of program streams that you can apply for.
These streams are for skilled workers, semi-skilled workers, students, and businesspeople. To be invited, you must apply on the website of the Canadian province you would like to live and work in.
Some PNP streams require you to have a profile or apply with the Express Entry system of the federal government. This also makes it easier for you to be nominated in a lot of federal and provincial programs with just one profile.
What options are there when immigrating to Québec?
Schemitsch says that the ways to immigrate to Québec differs from the rest of Canada. While these may sound similar to the other provinces, here are some of the ways unique to Québec:
- as a skilled worker: apply through the programme de sélection des travailleurs qualifiés (Skilled Worker Selection Program), which works like Québec's PNP
- as a businessowner: enter Québec either to start, acquire, or take over a business; as an investor; or as a self-employed worker
One common requirement in these options is your proficiency in the French language (along with English). As Québec's official language, you should know how to speak French at the level of proficiency required in the program you're applying for.
How can immigration lawyers help those who want to move to Canada?
There are 4 main ways that an immigration lawyer can help you if you want to easily move to Canada:
- Identifying which immigration option to take: "An immigration lawyer helps clients identify which immigration program is best aligned with their qualifications, goals, and chances of success," Siavashpour says. This is important, since "it is crucial to focus efforts on a pathway where the client has a strong profile and realistic prospects."
- Supporting clients at every stage: Siavashpour adds that lawyers "provide critical support at every stage, such as, assessing eligibility, strategizing the application, gathering evidence, completing forms accurately, and communicating with the immigration authorities on their behalf."
- Helping clients in preparing applications: "Many refusals arise from applicants' misunderstanding of eligibility requirements or from submitting poorly prepared applications." This is why Siavashpour says that an experienced immigration lawyer can protect their clients against these issues.
- Ensuring that applications are approved: Tao adds that the most important role played by immigration lawyers is managing risks and providing effective roadmaps. "The number of applications being refused, rejected, or running into processing delays has increased," he says. "All these issues require a greater level of expertise than when immigration was easier and more facilitative."
More importantly, "a skilled and knowledgeable immigration lawyer can offer re-assurance throughout a stressful process," Schemitsch adds.
How easy is it to move to Canada: Deciding which option to take
Immigrating to the Great White North, and eventually applying for permanent residence, can truly be exhausting and financially draining. However, the options available out there makes it easier to move to Canada, especially if coupled with the right legal advice from an immigration lawyer.
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