Brownstein, Brownstein and Associates

Detailed Assessment of Your Eligibility

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Your detailed assessment of your eligibility will include an analysis of your particular case based on the Canadian and Quebec Regulations. Based on an agreement between the Quebec Government and the Federal Government for Canada, Quebec has the exclusive jurisdiction in selection of immigrants who wish to settle in that Province. Therefore the regulations governing your eligibility for immigration to Canada are different for the Province of Quebec. We shall assess your eligibility based on the Quebec Regulations as well as the Canadian Regulations for individuals wishing to settle in any other Province besides Quebec.

It is important to realize that once an individual settles in Canada, whether it be in the Province of Quebec or any other Province, they are a landed immigrant for Canada and have the rights of all landed immigrants concerning freedom of movement within the country in order to work and live anywhere within Canada. Therefore, individuals who immigrate to Canada are free to move to another Province should they wish to do so for business or personal reasons at any time.

OPTIONS:

  1. Applying as an Independent Applicant
  2. The Entrepreneurial Business Program
  3. The Investor Program
  4. Employment Authorizations:

    a) Executive Transfers
    b) NAFTA/GATS and other work permits
    c) Live-in Caregivers
    d) Work Authorizations

OPTION 1 - APPLYING AS AN INDEPENDENT APPLICANT

UNDER THE FEDERAL PROGRAM

Canada’s citizenship and immigration programs help build a community of citizens respected throughout the world. Since 1869, Canada’s immigration programs have helped build a community of citizens respected throughout the world. Citizenship and Immigration Canada (CIC) was established in 1994 to link immigration services with citizenship registration, to promote the unique ideals all Canadians share and to help build a stronger Canada.

THE FEDERAL REGULATIONS Click here

THE QUEBEC REGULATIONS   Click here

FOR PRE-SELECTION POINTS SEE TABLE (click here)

FOR SELECTION POINTS SEE TABLE (click here)

FOR SKILLED WORKER POINTS SEE TABLE (click here)

Once individuals are selected as eligible for immigration to the province of Quebec, they must still pass security and medical clearance through the Canadian Embassy and receive their Landed Immigrant Status document from the Government of Canada. As already mentioned above, although the applicant's primary intention is to settle in the province of Quebec, it should be noted that they will be receiving landed immigrant status for Canada and not simply for the province of Quebec and will have freedom of movement and employability throughout Canada as well as the protection offered to all permanent residents throughout Canada.

The above regulations for immigration through the Province of Quebec under this category have been put into full force and effect as of September 17, 2001.

FOR INFORMATION ABOUT ALL NOMINEE PROGRAMS (click here)

OPTION II: THE ENTREPRENEURIAL BUSINESS PROGRAM

Under the Canadian Regulations, individuals can enter Canada as Entrepreneurs if they will purchase or make a substantial investment in a similar business to the one they have operated in their home country. The business must create employment opportunities for at least one Canadian or permanent resident in addition to the Entrepreneur and his dependents. Admission under this category is conditional in that the immigrant must open up a business within the first two years upon arrival in Canada or their immigration Visa can be revoked.

A similar program exists in the Province of Quebec.

FOR ENTREPRENEUR POINTS FOR QUEBEC SEE TABLE (click here)

OPTION III: THE INVESTOR PROGRAM

In order to be eligible as an Investor, one must be able to show managerial and business experience, namely that they have owned and operated a business in their home country. Under this category, a passive investment is made in an approved Government program whereby the Canadian company with assets under $35,000,000.00, will invest the funds from the immigrant for a five year term. As of April 1, 1999 the minimum investment requirement is $400,000.  However, individuals who do not wish to tie up $400,000 for 5 years may receive a loan for up to 75% of the investment whereby the balance of the investment in the amount of approximately $100,000 would be used up by the financial instituation to pay the interest charges on the approximately $300,000 loan for the 5 year term.  In effect the cost of the program would be $100,000 Canadian to the investor.

In many respects, the Province of Quebec has the most secured investor program as Government Regulations are more strict. Certain banking institutions provide irrevocable letters of credit or strip bonds as guarantees to the investor ensuring security on the investment in the unlikely event that the Canadian company goes Bankrupt.

FOR INVESTOR POINTS FOR QUEBEC SEE TABLE (click here)  

FOR RECENT CHANGES TO THE BUSINESS CLASS ( click here)

OPTION IV: EMPLOYMENT AUTHORIZATION

a. Executive Transfers

Companies who have affiliates, subsidiaries or associated branches in other countries can transfer their executive employees to Canada on work permits in order to work and/or train other individuals at the Canadian office. This procedure if done properly can be completed in a matter of days thereby accommodating the need for this type of high level personnel and ensuring their freedom of movement when and where necessary.

b. NAFTA/GATS and other work Permits

Individuals from certain countries are eligible for work permits to Canada if their occupation is on list as outlined in the treaty agreement.

c. Live-in Caregiver

This category applies to individuals who are willing to enter Canada as live-in domestics whereby they live-in their employers' home for a period of two years and receive a basic salary plus room and board. The special attributes about this program is that after working in Canada for two years, the individual on this special work authorization is eligible to apply for landed immigrant status from within Canada. It should be noted that only refugees and individuals who have married Canadians and live-in Caregivers have this special right to apply for landed immigrant status from within Canada. All other applications for permanent residency must be filed at a Canadian Embassy abroad.

d. Work Authorizations : Validations

In order to enter Canada as a temporary worker if one does not meet the exceptions stated above, employment validations are required. This is a very onerous procedure whereby the employer must prove that there is no other Canadian to fill the position. Therefore it is quite difficult to receive work authorizations in this general category. In certain instances when it can be shown that the individual has special qualities that cannot be found in Canada, temporary employment authorizations under this category are granted.

OTHER SIGNIFICANT CHANGES EFFECTIVE OCT 2006 (click here)

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