Permanent Residence

Canadian Permanent Residence Programs

JUMP TO SECTION: Family Class | Provincial Nominee Program | Humanitarian & Compassionate Grounds

Skilled Worker

Canada’s Federal skilled worker programs are completed through an online points-based system called Express Entry. This is a two-step process. The initial stage is to submit your profile into the pool of candidates where you have assumed a set of points, called the Comprehensive Ranking System (“CRS”) score. You receive points for your age, level of education, official languages proficiency (in English and French) and work experience. Step two requires that you receive an Invitation to Apply from the Canadian government, commonly referred to as an “ITA.” This is your formal application for permanent residence to Canada, and you will have 60 days to provide all supporting documentation.  Your CRS score must be higher than the government selected cut-off to receive an ITA.

There are four classes of economic immigration applications through the Express Entry system: Federal Skilled Trades Class (FSTC), Canadian Experience Class (CEC), Federal Skilled Worker Class (FSWC) and some Provincial Nominee Class (PNC). Immigration Refugees and Citizenship Canada aims to process 80 percent of applications in these programs in six months (from the submission of the ITA).

​Invitations are issued frequently under the FSWC and CEC programs, usually every two weeks. 

​To be eligible for Canadian Experience Class: 

• Have at least one year of full-time or equal amount part-time and paid, skilled work experience in Canada in the last three years before you apply. 

• Skilled work means your experience falls under a National Occupational Classification (“NOC”) 0, A or B job. You must have performed the actions described in the lead statement and a substantial number of the primary duties, including all essential duties listed in the NOC

• This work experience does not have to be continuous, or in the same NOC

• The length of your experience is assessed based on hours. To meet the requirement, you must have worked at least 1,560 hours over a minimum of 12 months. Full-time is considered 30 hours per week. Any hours worked over 30 in one week are not counted towards meeting your 1,560 hours.

• Your work experience must have been gained legally with valid work authorization 

• Work experience while attending full-time studies will not count. This includes co-ops and internship as part of your study program  

• Your work experience cannot be self-employed work 

• You must have a language ability of CLB 7 for NOC 0 or A jobs, OR CLB 5 for NOC B jobs, as evidenced by an approved language test

• There is no education requirement, but including education will improve your overall CRS score

• You must be admissible to Canada; this includes maintaining valid status if you reside in Canada 

• You must plan to live outside of the province of Quebec 

Under the Federal Skilled Worker class, you will receive points under the CRS criteria, as well as under the six Selection Factors. The Selection Factors are part of a 100-point grid used to assess your eligibility. They do not have any impact on your CRS score. You must score 67 points under the selection factors to pass. If you do not score 67 points at a minimum, you will not be eligible to submit your profile into the pool of candidates. 

 To be eligible for the Federal Skilled Worker Class: 

• Have 67 points under the six Selection Factors 

• Have at least one year of continuous, full-time or equal amount part-time and paid, skilled work experience within the last ten years;

• This work experience must be in the same NOC code, either 0, A or B 

• Full-time is considered 30 hours per week. Any hours worked over 30 in one week are not counted towards meeting your 1,560 hours.

• You must have a language ability of CLB 7, as evidenced by an approved language test

• You must have completed education that is equal to Canadian secondary (high school) or post-secondary school as evidenced by an approved Education Credential Assessment (“ECA”) Report from an approved agency 

• You must show you have enough money for you (and your family) to settle in Canada unless you have a valid job offer and are legally able to work in Canada

• You must be admissible to Canada

• You must plan to live outside of the province of Quebec 

Family Class

Family reunification is one of the three pillars of Canada’s immigration programs. This means that Canada’s immigration policy and legislation support Canadians in reuniting with members of their family in Canada. In 2017, Canada welcomed 61,646 new permanent residents who were sponsored spouses, partners, children and 20,494 new permanent residents who were sponsored, parents and grandparents. Family members, including spouse, common-law partners, conjugal partner, dependent children, parents, grandparents, adopted children and in exceptional circumstances, other relatives of any age, maybe sponsored under the family class to obtain permanent residence. 

To be eligible to sponsor your spouse, partner, or a dependent child, you must:  

• Be at least 18 years old 

• A Canadian citizen or permanent resident living in Canada; 

• If you are a Canadian citizen living outside of Canada, you can still be a sponsor 

• If you are a permanent resident of Canada, you must reside in Canada to be a sponsor 

• Prove you are not receiving social assistance for any reason other than a disability

• Be able to provide basic needs for the person(s) you are sponsoring. There is no minimum amount you must show if you are sponsoring a spouse, common-law partner, dependent child (unless a dependent child has a child of their own)
  

You can sponsor your spouse, common-law partner or conjugal partner if: 

• They are at least 18 years old 

• Your relationship is genuine and wasn’t entered into primarily for obtaining permanent resident status in Canada 

• If you reside in Canada, your spouse or common-law partner must live with you  

Under the Spouse and common-law partner sponsorship, there are two different processes: overseas and in Canada class. Under the in Canada class, you must reside in Canada together. The main benefit of filing through the in Canada class is your spouse, or common-law partner may be eligible for a two-year work permit during the processing of the sponsorship application. Those that wish to reside outside of Canada or travel frequently during the processing of their application may want to apply through the overseas class. The average processing time for both overseas or in Canada class is 12 months.

Provincial Nominee Program

Each Canadian province, except Nunavut and Quebec, have provincial immigration streams which may assist a foreign national in obtaining permanent residence in Canada. These streams may target students, business people, skilled workers, or semi-skilled workers, which would contribute to the economy of a specific province.   There are currently more than 80 provincial immigration streams available, some which are aligned with the express entry (online) program and others that remain a paper-based process.

In the online Express Entry process, there are two ways to apply: ​ 

ONE

• Create an Express Entry profile and select which provinces you are interested in

• A province may send you a “notification of interest” to your Express Entry profile, you may then apply for your nomination directly with the province 

• If your nomination application is approved, the province will send a notification to your Express Entry profile, to accept electronically. On acceptance, you will receive an additional 600 points.

• If you are invited to apply, you will submit an electronic permanent residence application through your Express Entry portal.

​TWO

• Apply to the province for nomination under an Express Entry stream

• If the province agrees to nominate you, create an Express Entry profile or update a current profile to show you have been nominated. You will receive an additional 600 points.

• If you are invited to apply, you will submit an electronic permanent residence application through your Express Entry portal.

 Currently, all provinces (except Quebec) have express entry aligned provincial nominee streams. 

 Through the paper-based process: 

• Apply to the province for a nomination. You must meet the eligibility requirements for the province that nominates you. 

• Once you are nominated, you must submit a paper application for permanent residence to Immigration, Refugees and Citizenship Canada

• The processing times under the paper-based streams vary across different provinces but are often significantly higher than applications made under the express entry-based programs. 

Humanitarian Class

Foreign nationals who would not usually be eligible to become permanent residents of Canada may be able to stay in Canada by applying through the humanitarian and compassionate (H&C) stream. The purpose of H&C discretion is to allow flexibility to approve deserving cases not covered under the current legislation. These applications are for individuals and families with exceptional cases and are assessed on a case-by-case basis. The onus is on the applicant to prove relief is justified by H&C grounds, and one of the most important elements of your application is the documentary evidence submitted. Documents that support your claim for H&C relief will be crucial to demonstrate your ties to Canada and why you wish to stay in the country.  

During the application process, the officer will look at a variety of considerations, including: 

• Length of stay in Canada 

• Family ties to Canada 

• Best interests of any children

• The extent of hardship experienced if the applicant  to leave Canada

H&C applications are processed in two stages. Stage 1 assessment usually occurs after one year of processing and if approved, a stay of removal is in effect and applicants may apply for a work or study permit while the processing continues. Second stage approval can take additional 1-3 years. 

Under this category, risk factors such as persecution, the risk to life, cruel and unusual treatment or punishment will not be assessed. If you have a pending refugee claim, or a negative decision from the Immigration and Refugee Board of Canada within 12 months, you may not be able to apply for H&C.