Foreign Credentials in Canada

The vast majority of potential immigrants to Canada have been trained in an occupation or profession outside Canada. The big questions on everyone's mind: Will my qualification be recognized in Canada? Will I be able to work in my field of expertise? If not, what additional education will I have to complete?

Until recently, it was difficult for potential immigrants to determine if their credentials would be recognized by Canada once they arrived. However, the Canadian Information Centre for International Credentials (CICIC) offers assistance in helping determine credential recognition for an incredible 180 different occupations, from Accountants through to Welders.

The CICIC does not itself recognize credentials. Rather, it is an information resource -- it collects, organizes, and distributes information, and acts as a national clearing house and referral service to support the recognition and portability of Canadian and international educational and occupational qualifications.

The CICIC was established after Canada ratified the UNESCO Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region to assist Canada in carrying out its obligations under the terms of this convention. The convention promotes international mobility by advocating wider recognition of higher education and professional qualifications.

BC PNP: Regional Category

Applying through a PNP (or "provincial nomination program" can speed up an application immensely, as accepted applicants are nominated by the province to the federal government for acceptance.

The British Columbia PNP Regional Business Category has a great advantage for applicants with top level senior management experience who do not have the net worth or (or desire) to apply under the investor category. Unlike the federal entrepreneur program, the BC PNP program does not require previous business ownership in order to qualify (senior management experience with decision-making authority will suffice). Elements of the program include:

- Minimum net worth of $600,000
- Minimum investment of $300,000 (excluding real estate)
- Minimum 50% equity in the BC business, established outside Greater Vancouver
- Business to create 2 new jobs
- Applicant to have an active role

The best part? You don't pay the $3000 application fee until AFTER you are accepted. Very nice indeed.

Processing Times

There is no doubt that the single biggest frustration for people who wish to immigrate to Canada is the length of time it takes to process their applications. For example, across all Visa offices, only 50% of skilled worker applications are being processed within 35 months, and 80% within a whopping 4 years. The situation is worse for recent immigrants who wish to sponsor their parents - on average it is taking up to 8 years to process these applications.

Canada is in a fortunate situation given that it is the top choice in the world for immigrants after the United States. However, if Canada continues to seek the best and brightest around the world to enter this country, it will have to reduce processing times dramatically. Applicants with highly marketable skills and education can choose from a number of countries that can offer economic opportunities and a great lifestyle.

If processing times in Canada remain high, the individuals and families that we seek may choose to start their new life elsewhere, rather than wait years to enter Canada. I urge immigration policy officials to reduce processing times dramatically to ensure that Canada remains the destination of choice for immigrants around the world.

Conjugal Partners

If you are not married but wish to immigrate with your partner, there are only two categories that might apply: common-law (which will be discussed in future) or conjugal partner.

What is a conjugal partner? The regulations aren't helpful, as they define "conjugal partner" to mean "in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year."

Essentially, a conjugal relationship is "marriage-like", meaning that there must be a serious commitment to spend your life together in a monogamous relationship.

Citizenship and Immigration Canada look for the following elements to determine if a conjugal relationship exists:

• mutual commitment to a shared life;
• exclusive – cannot be in more than one conjugal relationship at a time;
• intimate – commitment to sexual exclusivity;
• interdependent – physically, emotionally, financially, socially;
• permanent – long-term, genuine and continuing relationship;
• present themselves as a couple;
  regarded by others as a couple;
• caring for children (if there are children).

If you are dating and thinking about marriage, or living together to try things out, you are not likely in a conjugal relationship. Conjugal relationships are built over time and supported by evidence of a shared life together, such as joint ownership of possessions, naming each other as beneficiaries under insurance policies, financial support of one another and so forth.

Quebec Investor Program

If you qualify as an investor and you'd like to immigrate to Canada as quickly as possible, Quebec may be an attractive destination for you. Although immigration is a federal responsibility, Quebec was granted the sole responsibility to select all independent immigrants and refugees abroad pursuant to the 1991 Canada-Quebec Accord. Even so, Canada retained the power to exclude immigrants on grounds of inadmissibility based on medical, criminal or security grounds.

The basic requirements of the Quebec Investor Program:

An applicant must satsify these basic requirements in order to be considered under the Quebec Investor Program:

1) 3 years of management experience:

- in a farming, commercial or industrial business that is profitable and legal;

- for a government or one of it’s department or agencies;

- for an international agency.

Management experience is defined as the actual assuming on a full-time basis in the ten years preceding the application for a selection certificate, responsibilities and duties related to the planning, management and control of financial resources and of human or material resources, provided that such responsibilities and duties are not assumed in the context of an apprenticeship, training or specialization process attested to by a diploma.

2) Net assets of at least $800,000 accumulated through his legal economic activities;

3) Indicated intention to settle and invest in Quebec an amount of CAD $400,000. An investment agreement must be signed with a broker or trust company that entered into an agreement with Investissement Quebec. The term of the investment is five years. The purpose of this investment is to finance the growth of Quebec based companies. The investment is guaranteed by the Quebec Government and is returned to the investor without interest in 5 years. This amount can also be financed (discussed in a previous blog).

Once accepted as an investor applicant, there are no further requirements once an applicant and his or her family arrive in Canada.

Personal Interviews

The idea of a personal interview in order to help determine admissibility to Canada can create a lot of anxiety. In many cases however, personal interviews will not be required. An interview will only be required if the Visa officer determines that it is necessary to conduct an interview in order to properly assess whether the applicant qualifies for Canadian permanent residence.

The officer will normally request documentation to confirm employment history, education, parentage of children, marital status or date of birth, although the Visa office can make any reasonable request for documentation. If the applicant fails to provide the requested documentation, the applicant can be refused entry to Canada on this basis alone. As such, the best approach to a personal interview is to show up with all requested documentation and any other supporting documentation that you think will help the Visa officer understand your unique situation. For example, if the Visa officer is requesting information on your marital status, you should bring the requested documentation (such as a marriage certificate). You should also consider bringing with you photographs of vacations together, photographs of the wedding, letters to each other -- anything that will help to show that you are indeed genuinely married.

A complete application up-front with all required documentation is usually followed by an interview waiver, although even applicants with immaculate applications are called for an interview in order to satisfy a lingering doubt that may be in the mind of the Visa officer.

The biggest downside to an interview request is the length of time it adds to an already lengthy immigration process.