How And Who Can Immigrate To Canada – Can the Canada Visa be rejected ?

Canada Immigration serves a basic entity for the continued economic growth bringing people of different religion, customs, traditions, rituals and culture to the forefront. Many programs are upgraded by many Canadian federals to make sure that immigration to Canada is a success for both the newcomers as well as for the people living in Canada.

Canada immigration

      Certain queries that arise while starting the Immigration process are as follows:

1. What are the different immigration options available?

Immigration to a certain country can take place due to the economic and political factors, family re-unification etc. There are certain other Canada immigration options that allow you to embrace a better future in a country like Canada. Few of them are as follows:

·       The government of Canada grants permanent residence (PR) to the economic class that includes professionals, skilled-workers etc.

·       Canada accepts close to 8000 business applicants and provide permanent residence to nearly 25,000 immigrants.

·       Some people migrate to Canada under the Federal Skilled Trades Program. This program is a quota-based and is limited to only 3000 applicants annually.

·       Canadian citizens can sponsor their other family members to become Canadian Permanent residence.

2. How to start the immigration process?

You can take a look at the following steps to start the process of Canada Immigration:

·       Figure out which Immigration category you want to apply for

·       Ensure that you are eligible to immigrate to Canada

·       Follow the immigration advisor

3. Can the Canada Visa be rejected?

Every person, except few are interviewed before they apply for the Visa. The information is then reviewed thoroughly and the application is selected or rejected on the basis of the information provided by the applicant and the laws set up by the Canada federal.

      The Canada visa rejection can take place due to the following reasons:

·       Insufficient documents.

·       If the applicant has a bitter past, i.e. he/she is involved in drug or criminal activities, he/she will not be eligible for applying visa.

·       If the applicant did not demonstrate proof of adequate financial support

·       Misinterpreted a material fact or committing fraud to attempt to receive a visa can also cause Canada visa refusal.

4. Can we reapply after Canada Visa Rejection?

After you are found ineligible for Visa, you can reapply for Visa in future. With exceptions of few Canada Visa refusals, you must submit a new visa application and pay the fee again. The applicant must be able to present evidence of significant changes in circumstances since the last application applied.

5. Who qualifies for Canada Immigration Visa?

An applicant who has studied/worked in Canada, business people and people belonging to the Economic immigration category usually qualify for the Canada Immigration visa. An applicant can check for his/her eligibility by filling few online assessment forms which are evaluated without any charge.

6. What are the necessary documents to begin the Canada Immigration process?

The documents must include:

·       Birth certificates

·       Educational certificates

·       Marriage and divorce certificates(if any)

·       Passport

·       Police certificates

·       Employment reference letter

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About Canada immigration

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Canada Immigration PR Status For Foreign Students And Family Sponsorship

How Canada immigration PR status is possible for foreign Students and Family Sponsorship Under  Saskatchewan Immigration Nominee Program , all are discussed in detail here lets have a look.

Currently, the following categories are open under Saskatchewan Immigration Nominee Program with yearly fixed quota (January to December):

Family Sponsorship (250 applicants) and

Students (Other Provinces 175 ( Category FULL), Saskatchewan 100) 

 

Family Sponsorship (250 applicants)

Eligibility

To be considered for the SINP Family Referral Category, you must:

1.      Have an offer of employment in Saskatchewan either in an occupation or trade in the NOC Matrix level “A” or “B”, or in designated trade in Saskatchewan.

2.      Have support from family household in Saskatchewan.

3.      Be between 18 – 49 years old.

4.      Have completed post-secondary education, training, or apprenticeship of at least one year in length that has resulted in a diploma, a certificate, or a degree.

5.      Have at least one year of work experience in the past 10 years in your intended occupation

6.      Have sufficient language proficiency in one or both of the official languages in Canada.

 

Supporting family members include:

 

• Parents

• Daughters/sons

• Sisters/brothers

• Aunts/uncles

• Nieces/nephews

• First cousins

• Grandparents

• Step-family members / in- laws of the same relationship

A supporting family member in Saskatchewan can also support their spouse’s family relative.

Students

 

Students (Other Provinces 175 ( Category FULL), Saskatchewan 100)

 

The Student Category allows eligible post-secondary graduates to apply for Canada Immigration PR status under the SINP. There are two streams under the Student Category:

1.      Post-Graduation Work Permit Stream

2.      Master’s and PhD Graduate Stream.

Eligibility

Post-Graduation Work Permit Stream

You may qualify to apply for Canada PR, if:

1.      You have post graduate work permit from Canada immigration

2.      You have graduated with a certificate, diploma or degree in Canada of at least one academic year (eight months) of full-time study. If you have graduated in Canada from outside of Saskatchewan you must have worked for 12 consecutive months of paid full time employment in Saskatchewan after graduation. If you graduated from an institution in Saskatchewan, you must have worked for at least six months of paid employment in Saskatchewan.
* work experience in Saskatchewan may be on- campus, off-campus, co-op terms, graduate fellowships or work experience gained on a post-graduate work permit.

3.      You have an offer of permanent, full-time job from a Saskatchewan employer.  The job offer does not have to relate to your studies.

4.      If your job offer falls into a NOC C or D, you must have a minimum of IELTS score as follows: (listening 4.5, speaking 4, reading 3.5 and writing 4).

For jobs in Saskatchewan, please go to SaskJobs.ca.

Master’s and PhD Graduate Stream

You may qualify to apply for Canada PR, if:

1.      You have completed all degree requirements for an existing Master’s and/or PhD program of at least one academic year of study from the University of Saskatchewan or the University of Regina.

2.      You are applying within two years of completion of your degree

3.      You are applying from a country in which you have legal status.

4.      You intend to live in Saskatchewan and are able to demonstrate your intention with at least one of the following:

1.      Have at least six months of employment history in your field of training in Saskatchewan;

2.      Are currently employed in your field of training or have received a job offer in your field of training in Saskatchewan for a term longer than six months;

3.      You have enough money to sustain for a short time without work (you have $10,000 for yourself and $2,000 for each accompanying family members.

5.      If you do not have a job offer or if your job offer falls into a NOC “C” or “D”, you must have a minimum of IELTS score as follows: (listening 4.5, speaking 4, reading 3.5 and writing 4).

Canada PR Under Saskatchewan Immigration Nominee Program

Canada PR for low skilled worker Under Saskatchewan Immigration Nominee Program

Currently, the following categories are open under Saskatchewan immigration program with yearly fixed quota (January to December):

5.      Long Haul Truck Drivers& Hospitality sector (200applicants) and
6.      Health Professions & Existing work permits (450applicants)

 

Here now Singh and associates Lawyer  explain how even low skilled worker get immigration to Canada. You are eligible to immigrate to Canada under Saskatchewan Provincial Nominee Program, Business category, if you meet the following conditions:

5. Long Haul Truck Drivers&Hospitality Sector Pilot Project

Applicants must have

·         been working for 6 months on a work permit in a Saskatchewan trucking firm

·         Have a job offer from Saskatchewan trucking firm

·         Saskatchewan driving license

·         Have CLB 4 language skill (Listening 4.5, reading 3.5, writing 4, speaking 4)

The trucking firm must

·   Have been in operation for the last 5 years primarily in long distance trucking business, Pay for applicant’s health insurance until they are covered by publicly funded policy, pay airfare to and from the worker’s country of residence obtain LMO.

Hospitality Sector Pilot Project

Eligible occupations

·         Food/Beverage Server (NOC 6453)

·         Food Counter Attendant/Kitchen Helper (NOC 6641)

·         Housekeeping/Cleaning Staff (NOC 6661)

Applicant Eligibility

To apply to the Hospitality Sector Project, you must:

Have completed Grade 12 education (or its equivalent).

Work for an employer that has been approved by the Saskatchewan Immigrant Nominee Program (SINP) to participate in the Hospitality Sector Project

Have Worked in Saskatchewan for  six months

Have sufficient English language ability for continued employment in Saskatchewan.

Have a minimum IELTS 4.5 bands or higher English Language ability across all 4 categories (listening 4.5, speaking 4, reading 3.5 and writing 4)

 Employer Eligibility

The employer must,

1.      obtain a Service Canada Labour Market Opinion (LMO)

2.      apply for SINP approval by submitting the SINP-500-4 Hospitality Sector Recruitment and Settlement Plan, which outlines their approach to accommodation, settlement and retention for the foreign worker

3.      demonstrate that their recruitment efforts have failed to hire Canadians.

4.      establish English language ability required to perform the job. If English ability is basic, the employer must provide English training.

5.      Provide the SINP and Service Canada copies of both the Service Canada employer-employee contract and the offer of permanent employment that will take effect after the initial 12 months.

This article deals with eligibility criteria for Long Haul Truckin and Hospitality sector occupations.

5. Long Haul Truck Drivers&Hospitality Sector Pilot Project

Applicants must have

·         been working for 6 months on a work permit in a Saskatchewan trucking firm

·         Have a job offer from Saskatchewan trucking firm

·         Saskatchewan driving license

·         Have CLB 4 language skill (Listening 4.5, reading 3.5, writing 4, speaking 4)

The trucking firm must

·         have been in operation for the last 5 years primarily in long distance trucking business,

·         Pay for applicants’ health insurance until they are covered by publicly funded policy,

·         pay airfare to and from the worker’s country of residence

·         obtain LMO

Hospitality Sector Pilot Project

Eligible occupations

·         Food/Beverage Server (NOC 6453)

·         Food Counter Attendant/Kitchen Helper (NOC 6641)

·         Housekeeping/Cleaning Staff (NOC 6661)

Applicant Eligibility

To apply to the Hospitality Sector Project, you must:

Have completed Grade 12 education (or its equivalent).

Work for an employer that has been approved by the Saskatchewan Immigrant Nominee Program (SINP) to participate in the Hospitality Sector Project

Have Worked in Saskatchewan for  six months

Have sufficient English language ability for continued employment in Saskatchewan.

Have a minimum IELTS 4.5 bands or higher English Language ability across all 4 categories (listening 4.5, speaking 4, reading 3.5 and writing 4)

Employer Eligibility

The employer must,

6.      obtain a Service Canada Labour Market Opinion (LMO)

7.      apply for SINP approval by submitting the SINP-500-4 Hospitality Sector Recruitment and Settlement Plan, which outlines their approach to accommodation, settlement and retention for the foreign worker

8.      demonstrate that their recruitment efforts have failed to hire Canadians.

9.      establish English language ability required to perform the job. If English ability is basic, the employer must provide English training.

10.  Provide the SINP and Service Canada copies of both the Service Canada employer-employee contract and the offer of permanent employment that will take effect after the initial 12 months.    

6. Health Professions• Doctors• Nurses

• Other health professions  

ELIGIBILITYYou must,be working full-time in Saskatchewan as a physician, nurse or other health professional on a temporary work permit for at least six months in order to apply Canada immigration. Contact the appropriate organization to determine what further studies, examinations and/or certifications you need to qualify for jobs in Saskatchewan:• Physicians: contact the College of Physicians and Surgeons of Saskatchewan (CoPSS).

• Nurses: contact the relevant nursing licensing association:  Saskatchewan Association of Licensed Practical Nurses (SALPN), Registered Psychiatric Nurses Association of Saskatchewan (RPNAS) or Saskatchewan Registered Nurses’ Association (SRNA).

• Other Health Professions: Click here for a list of regulatory authorities.

Canada Immigration through Saskatchewan Business & Farmer Immigration Program

Saskatchewan is one of the ten Canadian Provinces. The province nominates immigrants according to its local requirements for Canada Immigration status. The process involves two steps: The applicant first applies to Saskatchewan immigration for nomination. The application is then sent to Canada immigration who is responsible for checking health, security and other supporting documents.

Currently, the following categories are open under CANADA’ SASKATCHEWAN IMMIGRATION PROGRAM : FASTER AND EASIER WAY TO CANADA PR. Each category has yearly fixed quota (January to December):

1. Skilled Workers (3100 applicants)

2. Entrepreneur Category  (225 applicants (Category FULL)

3. Farm Owners / Operators (25 applicants)

4. Family Sponsorship (250 applicants)

5. Long Haul Truck Drivers & Hospitality sector (200 applicants)

6. Health Professions & Existing work permits (450 applicants)

7. Students (Other Provinces 175 ( Category FULL), Saskatchewan 100)

This article deals with Entrepreneur and farmer categories. For other categories, see other articles.

2. Entrepreneur Category – Eligibility :

There are four criteria in the SINP Entrepreneur Category that you must meet to be approved for nomination:

1. A minimum net worth of $300,000 Canadian Dollars (CAD).

2. Minimum three years entrepreneurial or relevant business management experience.

3. Intent to reside and actively invest in Saskatchewan.

If you are approved for nomination by the SINP – Entrepreneur Category, you will be required
to:

1. Have a minimum active investment of $150,000 CAD in the Province of Saskatchewan.  If you own less than 1/3 of the business, then your total investment must be worth at least $1 million CAD; and

2. Make a $75,000 Good Faith Deposit with the government to be returned after 2years.

3.  Farm Owners / Operators – Eligibility :

You must meet all of the following four criteria:

1. A net worth of CAN$500,000.

2. Refundable Cash Deposit of $75,000 with the government.  The cash deposit will be returned to you after 2 years if the terms of the Performance Agreement are met.

3. Mandatory visit to Saskatchewan

4. Farm operation knowledge and experience – you must prove education, work

experience and financial documents of  previous agricultural operations

5. The farm owner/operator category is limited to primary agricultural production. Agriculture-business operations may qualify under the Entrepreneur category of the SINP.

Young Farmer Stream of the Farm Owner/Operator Category:

Application Criteria: 

• Have a minimum personal net worth of $300,000

• Must be under age 40.

• At least three years farm ownership, farm management or practical farming

experience.

• You must provide a documented proposal for a commercial Saskatchewan farming opportunity based on research, consultations or formal coursework relevant to Saskatchewan agricultural conditions.  A qualified farming business must have a minimum of $10,000 CAD annual revenue in Saskatchewan.

• You or your spouse must have education and experience that allows you to supplement your farming income.

Nomination Requirements: 

• You must make a minimum equity investment of $150,000 CAD in a new or existing farming operation in Saskatchewan comprised of either capital assets (land, machinery) or working capital.

• You must make a $75,000 CAD refundable deposit into Saskatchewan government ($2,500 upon acceptance of application and $72,500 upon nomination).

• An exploratory visit to Saskatchewan that lasted at least five days prior to submission of your application.

• You must have practical farming experience with skills relevant to Saskatchewan farming conditions.

Skilled Workers Immigration to Canada through Saskachewan Investor Program

Saskatchewan is one of the ten Canadian Provinces. The province nominates immigrants according to its local requirements for Canada Immigration status. The process involves two steps: The applicant first applies to Saskatchewan immigration for nomination. The application is then sent to Canada immigration who is responsible for checking health, security and other supporting documents.

 

                            

 

Currently, the following categories are open under Saskatchewan immigration program. Each category has yearly fixed quota (January to December):

 

1. Skilled Workers (3100 applicants)

2. Entrepreneur Category  (225 applicants (Category FULL)

3. Farm Owners / Operators (25 applicants)

4. Family Sponsorship (250 applicants)

5. Long Haul Truck Drivers & Hospitality sector (200 applicants)

6. Health Professions & Existing work permits (450 applicants)

7. Students (Other Provinces 175 ( Category FULL), Saskatchewan 100)

 

 

 

1.

Skilled Workers – Eligibility :

You may qualify for Canada PR under Saskatchewan immigration program, if you have

•

An offer of employment in Saskatchewan either in an occupation or trade in the National Occupational Classification (NOC) Matrix level “A”, “B” or “0”, or in a designated trade in Saskatchewan (Skilled Workers/Professionals Sub-Category).

OR

•

Worked in Saskatchewan for at least six months on a temporary work permit either in an occupation or trade that is in the NOC Matrix level “A” or “B”, or in a designated trade in Saskatchewan excluding trades included in the Hospitality Sector Pilot Project (Existing Work Permit Sub-Category).

AND

•

In order to immigration to Canada You need to score 35 points on the following selection grid :

Criteria                                                   Total points                         Applicant’s  score

Education                                                    15

 

Master’s or PH.d degree:                          10

Bachelor’s degree                                           8

Diploma at least a year:                                   8

Experience but No formal education                     5

Experience in intended occupation:
2, 4, 6, 8, 10 points for                                         10

1, 2, 3, 4, 5  year experience

respectively

Experience in 2nd occupation:
1,2, 3, 4, 5 points for                                              5

1, 2, 3, 4, 5, year experience

respectively

 

Age 

<18 : 0 points

18-21: 8 points

22-45: 10 points                                                     10

46-55: 8 points

55> : 0   points

 

 

First Language 

Fluent: 7-10 Points

Well; 4-6 Points                                                 10

Poor: 0-3  Points

 

Second Language

Fluent: 4-5

Well: 2-3                                                             5

Poor: 0-1

 

Family

Mother / Father ;
Son/ Daughter; Step Son/                                    10
Step Daughter; Grandmother /

Grandfather;Brother / Sister

 

Aunt/ Uncle ; 1st Cousin and

step family members                                             5

and in laws of same

 

Previous Stay and support                            15

in Saskatchewan

 

Visit: 3 points

Work: 5 points

Study: 5 points

Employer: 0-3 points

Community: 2 points

 

 

Community Support                                          5

Additional points for employers

participating in community

support plan through government

 

Financial Resources                                            5

<10,000: 0 Point

10,000-20,000:   1 points

20,000-30,000: 2 points

30,000-40,000: 4 points

40,000> : 5 points

 

 

Total Score                                                        90

Medical Inadmissibility In Canada PR Applications

There are four grounds on which an applicant may become inadmissible for Canada immigration visa: Health, Security, Financial inability and Misrepresentation. The final process in a Canada PR application is health and security checks. Any applicant who fails medical or security checks fails to get Canada immigration status and is inadmissible into Canada. This article is aimed at providing reasons and remedies for medical inadmissibility.

What are the reasons for Canada immigration visa refusal on medical grounds?

There are three grounds on which an application for Canadian permanent residence may be denied on health grounds: An applicant’s health condition may be

1) danger to public health due to communicable disease.

2) danger to public safety due to mental disorder and

3) may impose excessive burden on Canadian healthcare and social services.

1. Danger to public health

• Active Pulmonary Tuberculosis (TB) and untreated Syphilis are considered a danger to public health unless they are treated according to Canadian standards; HIV positive is not considered danger to health.

• In cases of inactive Pulmonary Tuberculosis (TB) and/or adequately treated syphilis, the officer may grant visa and put conditions on the applicant for medical surveillance or medication  in Canada.

1. Danger to public safety

Serious uncontrolled and/or uncontrollable mental health problems such as:

• certain impulsive sociopathic behaviour disorders;
• some aberrant sexual disorders such as pedophilia;
• certain paranoid states or some organic brain syndromes associated with violence or risk of harm to others;
• applicants with substance abuse leading to antisocial behaviours such as violence, and impaired driving; and
• other types of hostile, disruptive behaviour.

1. 3.      Excessive demand on Canadian health care or social services

 

• This provision is not applicable on a convention refugee or a spouse and a child of a sponsor. The spouse or a child of an inadmissible person is also exempt from this provision.

If an applicant is likely to impose a burden on Canadian health care or social services, he or she may be inadmissible. Excessive health care demand means expenditure more than the average health care costs of Canadians. For year 2013, the per capita health and social services cost for Canadians is $6285 per year. This amount is multiplied by the number of years required in the medical assessment for health care and social services,which is usually 5 years but not more than 10 years. Thus an applicant who is likely to spend more than $31,425 in 5 years on health care and social services will be inadmissible.

The ability and intent to defray the costs of health and social services by opting out of public services and availability of private insurance in some provinces is a positive factor to be considered by the officer. This factor is only relevant in out-patient health care and it is not relevant in publically funded in-patient health care since there is no cost recovery mechanism.(Deol v. Canada (M.C.I.) 2002 FCA 271 (ability to defray health care costs in in-patient cases irrelevant factor since most health care services are government funded, without cost recovery provisions), Companioni v. Canada (M.C.I.) 2009 FC 1315 (ability to defray health care and social services costs relevant factor in out-patient cases, if the applicant has ability to opt out of publically funded health care medication system by private insurance or otherwise), Hilewitz v. Canada (M.C.I.); De Jong v. Canada (M.C.I.) 2005 SCC 57, Colaco v. Canada (M.C.I.) 2007 FCA 282) (ability to defray social services costs is relevant factor).

 

Canada PR Applications to get Canada immigration status

 

Is a principal applicant inadmissible due to inadmissibility of his spouse or child on health grounds?

Yes, an inadmissible spouse or child of a principal applicant renders him or her inadmissible as well.

What is the procedure for medical refusals?

In every medical refusal, the officer gives 60 day notice to the applicant to comment on medical refusal before making a final decision. The applicant can request extension of time to collect necessary information and the officer may or may not grant extension. The officer must consider an applicant’s comments as per the provisions of Immigration to Canada and Refugee Protection Act and its regulations (IRPA).

What are the powers of or guidelines for an immigration officer?

 

The IRPA regulations 31 mandate that, an officer who is assessing the foreign national’s health condition shall consider

(a) Any report made by a health practitioner or medical laboratory with respect to the foreign national;

(b) The communicability of any disease that the foreign national is affected by or carries; and

(c) The impact that the disease could have on other persons living in Canada.

The IRPA regulation 32 mandates that an officer may impose, vary or cancel the following conditions in respect of any foreign national who is required to submit to a medical examination:

(a) to report at the specified times and places for medical examination, surveillance or treatment; and

(b) to provide proof, at the specified times and places, of compliance with the conditions imposed.

Summary

Excessive demand

If a condition requires more than $31425 on health care and social services, it is likely to result in Canada visa refusal on medical grounds. The convention refugees or spouses and children of a sponsor are exempted from this provision. For out-patient applicants, the cost mitigating capacity of an applicant can be considered. For in-patient applicants, the cost mitigating factor is irrelevant since there is no mechanism for cost recovery for government funded public health care system in Canada.

Danger to Public health

If an applicant has inactive TB or adequately treated Syphilis, the officer may grant Canada Immigration visa on conditions of medical surveillance in Canada. HIV is also not considered danger to public health, if spouses of HIV positive applicants are informed of this condition.

If an applicant has active TB or untreated Syphilis, the Canada immigration visa may be refused unless an applicant can be treated according to Canadian standards.