In order to qualify for citizenship, one must have been resident in Canada for three of the past four years. Physical presence, however, is not required. A reasonable approach would be to acquire the accoutrements of residence such as social insurance number, health card, bank and credit-card accounts, a residence be it rented or owned, membership in various social, religious, professional and/or political organizations and employment. Thereafter one is free to remain outside of Canada temporarily and possibly still qualify for citizenship. Paying Canadian income tax is a must.

The most common category is the independent category. Independent applicant cases are processed on the basis of the applicants individual skills and the likelihood that they will contribute to the Canadian economy.

Independent applications applying for residence in Canada (other than Quebec) are processed using the point system. Under this system, the applicant is awarded points based on various factors that assess his/her ability to make positive contribution to Canada. Independent applicants must generally attain atleast 70 points in order to qualify for landed status.

Many visa offices have a pre-application questionnaire that may be filed without charge and will be reviewed by the visa office to determine whether or not the applicant may qualify. If the applicant may be eligible, he/she will forward the real application and ask for the appropriate filling fee.

The assessment of questionnaire takes considerable time. Besides, the submission of questionnaire does not create a permanent record of the applicant with the visa office. Finally, if the law changes for worst during the period that the applicant is waiting for his/her pre-application assessment, the applicant will be subject to the more restrictive law in place at the time the actual application is filed.

The principal applicant may include his dependents (spouse and dependent children) in the application. Spouse is defined in the Immigration Regulations as a person to whom that person is joined in marriage. Dependent children are defined as being as a son or daughter who is:

1. Less than 19 years of age and unmarried

2. Over the age of 19 but who has been studying in a full-time educational program continuously since the age of 19, and have been fully supported by parents, or

3. Over the age of 19 but who is medically dependent upon his/her parents
   

The following selection criteria are considered in an independent case:

1. Education

2. Education/training factor for their particular occupation

3. Experience in the particular occupation

4. Occupational factor for the particular occupation

5. Arranged employment (for which employment validation has been obtained) or designated occupation (qualification to work in an occupation which is designated as being in short supply) factor

6. Demographic factor

7. The applicant’s age

8. The ability to read, write and speak English or French

9. The applicant’s personal suitability for becoming successfully established in Canada

(Please consult your lawyer for a complete description of each criteria. For your convenience you can use our selection of lawyers)

An applicant who receives 60 points or more has a right to an interview under the Immigration Regulations. Further, if the visa officer is of the opinion that the applicant clearly qualifies as an independent applicant, the visa officer may waive the interview entirely.

Download guidelines for Independent (Individual) visa PDF format

Download instructions for Independent (Individual) visa PDF format

Download Independent (Individual) visa application form PDF format

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Essentially, the entrepreneur must have the ability and the intent to establish a business, which the entrepreneur will manage, that will make a significant contribution to the Canadian economy and create or continue employment for at least one Canadian citizen or permanent resident, other than the entrepreneur and his/her dependents.

The investment must be substantial. There is no minimum investment required but clearly the smaller the investment the harder it will be to obtain an approval. Applicants must also establish that their funds will be available to them in Canada and not be blocked by currency restrictions in their foreign currency.

The entrepreneur must plan to manage the business. A passive investor in a business could not qualify under this category. The applicant does not have to show a proven track record as a manager in a successful business. However, the applicant should at least have some relevant experience in order to convince the visa officer that he/she has the requisite ability and intent to participate in the management of the business.

Co-ownership is permitted as long as each partner seeking permanent residence individually meet the requirements of this category. Each partner must have the ability, intent and the funds to establish a qualifying business in Canada and both must participate in the management thereof.

Entrepreneur applicants are assessed under the same selection criteria as independent applicants except for arranged employment and occupational demand. Immigrants who qualify will only have to obtain 25 points of assessment in order to qualify but must obtain at least one point under the category of experience.

An immigrant to obtain landed status as an entrepreneur is given conditional status for two years. The conditions will be removed if the entrepreneur has met the guidelines of the entrepreneur program.

Download Guidelines for Entrepreneur visa PDF format

Download instructions for Entrepreneur visa PDF format

Download Entrepreneur visa form PDF format

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Landed status in Canada may be acquired if an applicant’s sponsor is willing and eligible to sponsor the applicant and the applicant is a member of the family class as defined below:

1. The sponsor’s spouse (member of opposite gender, legally married or cohabiting continuously in conjugal relationship for at least the preceding year

2. The sponsor’s dependent children (refer to independent immigrant info for more details)

3. The sponsor’s parents

4. The sponsor’s grand parents

5. The sponsor’s unmarried, under age 19, orphaned brother, sister, nephew, niece, grandson and granddaughter

6. The sponsors fiancé(e) where there is no legal impediment to marriage and the sponsor and fiancé(e) intend to reside together permanently and did not become engaged primarily for immigration purposes

7. Any child under age 19 of whom the sponsor intends to adopt and who is:

   1. an orphan
   2. an abandoned child whose parents cannot be identified
   3. a child placed with a child welfare authority for adoption because:
   • the child was born out of wedlock
   • the child parents are separated or
   • one of the child’s parents are deceased
8. One relative, regardless of the age or relationship to the sponsor, here the sponsor does not have a spouse, son, daughter, father, mother, grandfather, grandmother, brother, sister, uncle, aunt, nephew or niece;
1. who is a Canadian citizen;
2. who is a permanent resident; or
3. whose application for the landing sponsor may otherwise sponsor

Family-class applicants and their dependents (including those not immigrating) must pass medical examinations, must not be criminally or otherwise inadmissible and must establish that they are bona fide immigrants as defined in the Immigration Act (Canada).

The sponsor must be at least 19 years of age, have been residing in Canada for the preceding 12 months and remain so until those sponsored are landed and promise to be financially responsible for ten years for those sponsored.

The Immigration Regulations exclude following from sponsorship:

• Those in default of a previous undertaking, transportation loan or right of landing loan
• Those bankrupt within the meaning of s.2 of the Bankruptcy and Insolvency Act
• Those confined to a penal institution
• Landed immigrants with pending criminal charges which, if convicted, would lead to revocation if landed status
• Landed immigrants subject to an Immigration report which could lead to issuance of a (conditional) removal order
• Landed immigrants subject to a (conditional) removal order issued after being landed

Download guidelines for family visa PDF format

Download instructions for family visa PDF format

Download family visa application form PDF format

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Self-employed immigrants are those who have the intent and ability to be self-supporting in Canada in their business or occupation, employing themselves and making a significant contribution to the economy or the cultural or artistic life in Canada. There are essentially two distinct categories of self-employed:

1. artists, dancers and athletes; and
2. business applicants

The same selection-criteria apply as for independents, except that no units are awarded for Canadian relatives. However, rather than having to attain seventy Units, the self-employed require only forty units of assessment.

Business applicant must show sufficient experience in their proposed endeavor to convince a visa-officer that they have the ability to be self supporting in Canada in that business or occupation. In addition, they need not intend to be self-supporting immediately upon their arrival. The minimum requirements are:

1. Experience in field conducive to operating on one’s own in Canada

2. Available investment of C$ 50,000

3. Sufficient command of English or French

The self-employed category is best for artists or athletes and for those who do not meet the independent seventy-unit threshold. Its down side is the additional C$500 processing fee required of the principle applicant. Because it’s capital requirement is much less than for the entrepreneur or investor, it is the best business class category.

Download forms and guidelines of this visa from the links provided below:

Download Guidelines for Self-employed visa PDF format

Download instructions for Self-Employed visa PDF format

Download Self-Employed visa form PDF format