Immigration To Canada

Permanent Residence

Family

Spouses and Common Law Partners

Applicants for spouse and common law partner visa or permits must be sponsored by their Canadian citizen or permanent resident partner, and be able to show the existence of a genuine and continuing relationship.

Parents

Applicants for parent visas or permits must also be sponsored by their Canadian citizen or permanent resident child. There are also continuing obligations on the sponsor after permanent residence is granted.

Children

Applicants for child visas or permits must also be sponsored by their Canadian citizen or permanent resident parent(s). Again, there are continuing obligations on the sponsor.

Other Relatives

Certain other relatives may also be eligible for permanent residence in Canada on the basis of sponsorship by a Canadian citizen or permanent resident, if certain conditions are met.

Live-in Caregivers

Canadian citizens or permanent residents with certain care needs may sponsor a live-in caregiver for permanent residence. The sponsor must demonstrate their level of disability and why the care in question cannot reasonably be obtained elsewhere.

Economic

Federal Skilled Workers (points test)

Skilled workers in a number of selected occupations, or with a job offer in Canada, may be apply for a points-tested visa known as the Federal Skilled Worker visa.

Business

Business visa applicants must provide evidence of business experience, available capital, a Canadian business plan, and in some cases a licence or registration from the relevant Province or Territory.

Humanitarian Class

Refugees

You may apply for permanent residence if you meet the definition of “refugee” as set out in the Convention on the Status of Refugees. This is a complicated process, involving matters of interpretation of law, and also collecting documentary evidence to support your case.

Complementary Protection

Canada also offers permanent or temporary protection to people whose situation does not bring them within the Refugees Convention, but who nevertheless face serious problems, such as discrimination or severely straitened circumstances, in their home country.

Canada Experience

Certain temporary residents in Canada who have extensive work experience and have gained educational qualifications in Canada may be eligible for permanent residence under the Canada Experience Class.

Provincial Nomination

Each Province and Territory manages its own nomination program. In short, a person nominated for permanent residence by a Province or Territory is eligible for the grant of permanent residence. Each Province’s requirements for nomination are different.

Temporary Residence

Students

Thousands of overseas students come to Canada every year to study at Canadian educational institutions. Applicants need to have an offer of admission from an accredited Canadian educational institution, and meet a number of other criteria.

Temporary Foreign Workers

In some cases, a Canadian employer can sponsor a non-citizen to work temporarily for them in Canada. Employers must meet new, more stringent, requirements for labour market testing and identification of market salaries.

Working Holidays

Canada has reciprocal arrangements with a number of other countries, allowing young adults to come to Canada for a holiday, and work to support themselves while they are here.

Review

Canada provides for merits review, by the Immigration Appeal Board and Refugees Appeal Board, of refusal decisions by CIC. This is a full de novo review, which can consider new evidence and come to its own decision on the facts presented. Judicial review of adverse Board decisions is also a possibility. Judicial review usually focuses on whether the Board’s decision was “reasonable” on the basis of the facts before it at that time, and a court cannot usually consider new evidence.

Immigration To Australia

Skilled and Employer Sponsored Visas

There are three main kinds of skilled visas for entry to Australia.

1. General Skilled Migration (GSM), otherwise known as “Points Tested Visas”. An applicant for a GSM visa must meet the following requirements:
   
   
   
   • A positive skills assessment from an Australian skills assessment body, for an occupation specified in the Skilled Occupation List (SOL).
   
   
   • In some cases, sponsorship from an Australian State or Territory.
   
   
   • Lodge an Expression of Interest (EOI) in migrating to Australia with DIBP’s online system. If you meet the points test, you will be invited to apply for a visa.
   
   
   • After receiving your invitation, apply for the visa.
2. Employer-Sponsored visas, which require a job offer in Australia. The job offer must be for an occupation specified on the SOL, and paid at Australian market rates. Employers must also have been approved by DIBP.
   


3. Business skills visas, which require experience in running a business overseas, and a minimum amount of capital to invest in an Australian business (existing or start-up). The business must provide employment to Australian citizens or permanent residents (although not necessarily immediately).
   

Family Visas
There are three kinds of visas that can be applied for on the basis of your family relationship with an Australian citizen or permanent resident.

1. Parent visas. If you have a child who is an Australian citizen or permanent resident, and is willing to sponsor you, you can apply for a permanent or temporary Australian visa. Parent visas can be applied for inside or outside Australia, but are very expensive.


2. Child visas. If you have a parent who is an Australian citizen or permanent resident, on whom you are dependent and who is willing to sponsor you, you can apply for an Australian visa.


3. Partners. If you are married to, or in a de facto relationship with, an Australian citizen or permanent resident, you can apply for an Australian visa.
   
   
   
   • Offshore partner visas (subclasses 100 and 309) – for people currently outside Australia. You apply for both subclasses of visa at once. Applicants are first granted a subclass 309 visa, which lasts for at least two years, and allows you to enter Australia. If your relationship continues after that period, or if other circumstances apply, you will be granted a permanent subclass 100 visa.
   
   
   • Onshore partner visas (subclasses 801 and 820) – for people currently in Australia. You apply for both subclasses of visa at once. Like the subclass 100 and 309 visas, the subclass 820 is a temporary visa and permanent residence can follow in two years.
   
   
   • Prospective spouse visa (subclass 309) – for applicants intending to marry in Australia. This visa is applied for overseas, and allows you to enter Australia and marry your fiancé(e). After you are married, you apply for a subclass 801 and 820 visa in the same way as above.

Humanitarian Visas
There are two main kinds of humanitarian visas in Australia.

1. Protection Visas. You must be in Australia to apply for this visa, and you must be able to show that you are either:
   
   
   
   • A refugee as defined by the Convention on the Status of Refugees, or
   
   
   • A person who is at substantial risk at harm in their home country


2. Humanitarian visas (subclasses 200 – 204). These visas can only be applied for outside Australia, and require you to show that you are at serious risk of harm in your own country. You must also be proposed for entry to Australia by a family member in Australia, or by a humanitarian organization.

Cancellations
If you receive a Notice of Intention to Consider Cancellation of a visa (NOICC), or a notice of actual cancellation, you need to act immediately to take advantage of your rights of revocation or review of the decision.

Merits Review
The Australian government provides for independent review of DIBP decisions in the following situations:

1. If you are refused a Protection Visa, or you have a Protection Visa cancelled, you may apply for review by the Refugee Review Tribunal (RRT).
   


2. If you have a visa refused or cancelled on character grounds, or you are refusedAustralian citizenship, you may apply for review by the Administrative Appeals Tribunal (AAT).
   


3. In any other case where you are refused a visa while in Australia or have a visa cancelled while in Australia, you may apply for review by the Migration Review Tribunal (MRT). If you are an Australian sponsor whose partner, parent, child or employee is refused a visa while they are outside Australia, you may also apply for MRT review.
   

Strict deadlines are imposed on all these applications.