canadian immigration policy,rules and regulation

Canadian immigration is the set of rules, regulations, directives, policies and the Act of Parliament that regulates the entry of each person in to Canada. Immigration, the entrance of people into a country for the purpose of settling there, has always played a central role in Canadian history. It was as much a feature of ancient times, when the ancestors of Canada's native peoples migrated from Asia by land via Beringia or by sea via the Japanese current, as it is of the present day, when immigrants from around the world come to this country in the thousands. 

Over the period of time, the complexity of Canadian immigration has attracted Canadian immigration lawyers to develop practice in the area of Canadian immigration law. Primarily, Canadian immigration lawyers assisted families in Canada to sponsor their family members abroad, assisted Canadian businessmen to recruit foreign workers and also represented those people who were subject to deportation order from Canada.

The Canadian immigration department has developed very systematic immigration criteria to recruit economic class immigrants, which includes skilled worker, and business class immigrants in to Canada. The present Canadian Immigration and Citizenship department, also known as CIC Canada, is the most important department of the Canadian government.

In order to apply for Canadian immigration, the applicant is required to make the application using the prescribed immigration application forms. The Canadian Citizenship and Immigration Canada also maintains statistics of the number of immigrants entering Canada, number of applications approved, the kind of people entering Canada and such other data.

Like any other country, Canadian Immigration policy is divided in two parts:

1. Temporary entry into Canada:

1. Visitor visa; (Tourist visa)
2. Student Authorization; ( Student visa)
3. Employment authorization; (Work permit)
4. Live-in-Caregiver;
5. Fiancee or Fiancé; (While in Canada )
6. Humanitarian & Compensate ground; (While in Canada)

2. Permanent Immigration to Canada:

1. Independent Class or professional class or skilled worker class;
   [Occupation under which application for immigration to Canada can be made as of 26.06.2010]
   If you are not on this occupation you have following options to apply for immigration of Canada:
   (i) If you have 2 years of experience of working in Canada in last 3 years you can apply for immigration of Canada under Canadian Experience class;
   (ii) If you have studied in Canada for 2 years and have one year work experience you can apply for immigration of Canada under Canadian Experience class;
   (iii)If you are ready to learn French language you can apply under Quebec skilled worker class.
   (iv) If you are on H1B visa in USA you can apply under Alberta Skilled worker program.
   (v) If you have company to sponsor you in Canada, you can apply with confirmed job offer.
2. Business Class;
3. Self - employed class;
4. Family sponsorship;

3. Government Visa Fees:

Government of Canada's visa fees and Right of Landing Fee(ROLF)

This means an individual can come to Canada under any of the above two broad classes.

1. TEMPORARY ENTRY INTO CANADA:

Under this class an individual can make an application under the following three categories when he/she is OUTSIDE of Canada.

1. Applying for Visitor visa ( Tourist visa ): Canada Immigration

An application maybe submitted under this class if the applicant wishes to come to Canada as a visitor or tourist. The purpose of such a visit should be to visit relatives, to attend a business meeting, to attend a conference or convention, pleasure trip, participating in a cultural show and such other purpose.

2. Applying for Student authorization ( Student visa): Canada Immigration

An application maybe made under this class if the applicant wishes to come to Canada for purpose of study as an international student.

3.Applying for Employment authorization ( Work permit ): Canada Immigration

An applicant can make application under this class if he/she wishes to come to Canada and work for a Canadian company. This is similar to a H-1 visa of USA. In many countries it is also called as work permit visa.

If you have come to Canada under any of the above visa categories, you may apply for extension of your visa while you are WITHIN Canada:

OR

WHILE IN CANADA, you may also apply for any of the following type of visa and change your visa status. This may lead you to permanent immigration visa of Canada.

1. Applying for immigrant visa of Canada as Conventional refugee, also known as political asylum. Canada Immigration
2. Applying for work permit visa as a Live-in-caregiver also known as nanny or domestic help or au pair. One may apply under this class if he/she wishes to work in Canada as a household /domestic help or take care of a child (ren) or elderly person. Canada Immigration Reg. Sec.20(1.1)
   
3. Applying for Immigrant visa of Canada as a spouse. One may apply under this class if he/she gets married in Canada while on a temporary visa.
   
4. Applying for immigrant visa of Canada under the Humanitarian and compassionate reasons. Canada Immigration Reg. Sec. 6.

B. PERMANENT IMMIGRATION TO CANADA:

Under this class, one can make application for PERMANENT IMMIGRATION TO CANADA under the following three categories when he/she is OUTSIDE of Canada.

1. Applying for immigrant visa of Canada under the Independent Class. Canada Immigration

This class has become very popular and also known as professional class or skilled worker class and the application is assessed based on a point system. An individual should make an application under this class if he/she wishes to come to Canada based on his/her qualification, work experience and knowledge of English or French language.

2. Applying for immigrant visa of Canada under the Entrepreneur class, investor class or self employed class. Canada Immigration

This class is also known as business immigration class. One should make an application under the entrepreneur class and self-employed class if he/she wishes to start a business in Canada. A person should make an application under the investor class if he/she DOES NOT wish to start a business in Canada.

3. Applying for immigrant visa of Canada under the Family class. Canada Immigration

If an individual has close relatives in Canada, he/she may apply under this class for family sponsorship.

3. SPONSORSHIP BY A CANADIAN CITIZEN OR PERMANENT RESIDENT:

Canadian citizens and permanent residents may make an application to sponsor their relatives under one of the following class;

1. Family class relatives. Canada Immigration Reg. Sec.6(2)(a).
2. Private sponsorship of refugees. Canada Immigration Reg. Sec.7(2).

4. APPLICATION BY A PERMANENT RESIDENT OF CANADA FOR:

!. Returning Resident Permit : A person may make this application if he/she is a permanent resident of Canada and wishes to or has to stay outside Canada for more than six months. Canada Immigration Reg. Sec.26.

2. Application to change the Immigration Record of Landing or IMM 1000 form.

5. CANADIAN CITIZENSHIP:

1. As a general principle a person may apply for Canadian citizenship provided he/she is a permanent resident of Canada for more than three years.
2. Applying to find proof of citizenship, also called citizenship certificate. This maybe undertaken while the applicant is within Canada or outside of Canada.
3. Applying for search for citizenship record.