Frequently Asked Questions about Canadian Immigration

How to immigrate to Canada?

There are several ways to immigrate to Canada. Federal Programs include:

• • • Skilled workers through the Express Entry Program
    • Family reunification through Family Class Sponsorship
    • Self-employed persons
    • Start-Up Visa

There are also Provincial Nominee Programs, such as the British Columbia PNP, which increasingly serve as viable pathways to permanent residence.

Is there an age limit to immigrate to Canada?

There are no age restrictions, but in most economic immigration categories, points are awarded on the basis of such factors as age, education, language, work experience and arranged employment. Those candidates between the ages of 25 and 35 earn the highest points for age. However these other enumerated factors, depending on the individual’s personal history, may compensate for points lost due to age.

I am a Canadian Citizen living outside of Canada.  Can I sponsor my spouse?

If you are a Canadian citizen living abroad, you can still sponsor your spouse or for that matter your common law partner as that term is defined in the Immigration Regulations, but you must show that you plan to live in Canada when your sponsored spouse or common law partner becomes a permanent resident.

I am an international student in Canada.  Can I work?

Your study permit will identify certain conditions under which a foreign national may study. However, holders of study permits who are full-time enrolled in a designated learning institution may work without the need for a study permit for up to 20 hours per week during a regular academic session, and perform full-time work during a regularly scheduled break between academic sessions.

If I hold a work permit, may I also study?

A public policy announced June 7, 2023 permits those workers, in possession of a valid work permit, to study without a study permit if the work permit they hold was valid on June 7, 2023.

If that is the case, you may study in Canada without a study permit until the earlier of the expiry date of your work permit or June 27, 2026 when this policy expires.

I have a job offer in Canada. What are my next steps?

Your employer will need to take some steps before they can legally hire you. There are several different options depending on the category you qualify for. For example, your employer may have to apply for a positive Labour Market Impact Assessment (LMIA) in order for you to obtain a work permit.

However there are exemptions from that LMIA requirement for those prospective employees who are:

• nationals of countries with whom Canada has signed a Free Trade agreement;
• persons who qualify as Provincial nominees; or
• persons who qualify as an intracompany transfer under s. 205 of the Immigration Regulations.

I would like to expand my business to Canada.  What are my options?

We can assist foreign business owners to incorporate their companies in Canada and expand their work force in Canada, whether the principal of the company needs a work permit to operate the company, or the principal of the company also needs employees to work for that company.

The point to remember is to bring the candidates forward on work permits initially, as processing times for temporary residence as a worker are far shorter than processing times for those workers seeking permanent residence. Once lawfully working in Canada those workers seeking permanent residence can address their qualifications for permanent residence.

For more detailed information, please contact Boughton Law’s Immigration Section.