Canadian PR

Express Entry is a points-based immigration system that processes permanent residence applications from foreign skilled workers. It’s a popular Canadian immigration pathway as it allows applicants and their families to move to Canada within a matter of months. Express Entry accounts for a large part of the PR applications from the UK.

There are four Express Entry immigration programs that you can apply for, as follows:

• Canadian Experience Class (CEC)
• Federal Skilled Worker Program (FSWP)
• Federal Skilled Trades Program (FSTP)
• Provincial Nominee Program (PNP)

The Express Entry system is a competitive ranking system that scores candidates using the Comprehensive Ranking System (CRS). The criteria that candidates are ranked against include age, education, language proficiency, work experience, and other factors. You also need to demonstrate you have enough money to settle in Canada, are admissible to Canada and you will need to undertake medical exams.

The first step in applying for an Express Entry program is to create an online Express Entry profile and then wait for a draw to take place.

When a draw occurs, Express Entry sends an invitation to apply (ITA) for permanent residence to those candidates with the highest scores. There are frequent draws from the Express Entry pools, and Express Entry is open throughout the year.

If you receive an ITA, then you can submit your application for the program you are applying for PR through. All applicants are required to submit numerous supporting documents to evidence the requirements, which can vary depending on the program in question.

Express Entry applications are usually processed within 6 months or less.

Find out more about Canada’s work visas for UK citizens on the Work Visas page.

If you wish to buy a Canadian business or set up a new business in Canada then there are several business immigration options through which it is possible to obtain permanent residence.

In most cases, you will need to have significant financial means, and the experience and skills to run a business in Canada. You will usually be required to provide a detailed business plan showing you will create new Canadian jobs, and you will need to show that you will be the person who directs and manages your business.

There are several viable Canadian business immigration options for experienced business owners to apply through, each with its own varying requirements, including.

• Start-up Visa Program
• Self-Employed Persons Program
• Provincial Nominee Programs (PNP) Entrepreneur Streams (Please refer to the next section ‘Provincial Nominee Program (PNP)‘ for more information).

Start-up Visa Program

To be eligible for the Start-up Visa Program, your business will need to be innovative, create jobs for Canadian citizens, and be able to compete on a global scale. The business must qualify which is related to the percentage of voting rights you hold in the company. You will need the support of a designated organization, which will be a venture capital fund, an angel investor group, or a business incubator. Although you will need a certain amount of settlements funds, you will not need to invest your own funds, as the designated entity will provide the investment or support.

With the Start-Up Visa, you can bring your family with you to Canada, and you can apply for Canadian citizenship after 3 years. The time it takes to receive a decision on your visa application can be between 12 to 16 months.

Federal Self-Employed Persons Program

For the Federal Self-Employed Persons Program you will need to have experience in cultural activities or athletics at a world-class level. To qualify as a self-employed person in Canada, you must have two years of relevant experience in one of these areas and you must show that you intend to become self-employed in Canada.

Your experience must have been gained within 5 years before you apply. As with all Canadian immigration programs you’ll need to show the required English or French language ability, as well as meeting education, age and admissibility requirements. Additionally, you’ll need to show that you can financially support yourself whilst in Canada.

The processing time for the Self-Employed Persons Program is around 22 months on average, depending on how complete the application and supporting documents are.

Both these business immigration programs require numerous supporting documents to be submitted, fees to be paid, an English or French test to be taken, medical exams to be undertaken, and in most cases, biometrics to be given.

You can find out more about Canada’s business programs for UK citizens on the Business Visas page.

A common challenge faced by business people wishing to move to Canada from the UK, is determining which immigration pathway to apply under. This is where Total Law can guide and assist you. We will assess your profile against all the current federal and provincial business immigration programs and discuss the best available options and timelines with you. So contact us and we’ll verify your eligibility and get the process started.

Most provinces and territories have their own business immigration programs, also called PNP Entrepreneur Immigration Streams.

A PNP is a Provincial Nominee Program that nominates successful applicants for settlement in that province, and which then opens up a pathway for the applicants to apply for permanent residence at the federal level.

If you apply through a PNP you would need to first select which province you wish to reside in. To be eligible for a PNP you will generally need to show that you can contribute to the local economy in that province.

The Provincial Nominee Program is one of the economic immigration programs managed under the Express Entry system.

Each PNP for entrepreneurs has its own individual eligibility criteria and program requirements. In general, you will need to fulfil requirements pertaining to age, business eligibility, minimum investment, minimum net worth, experience in business management, exploratory visit (business research visit), level of involvement in the business, and a business plan. There could also be additional requirements such as job creation.

The following provinces have PNPs currently but note that programs can be withdrawn or new ones created at any time: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan, Yukon.

There are a few immigrations options for caregivers to obtain permanent residence in Canada, as follows:

• Home Child Care Provider Pilot
• Home Support Worker Pilot
• Live-in Caregiver Program

For the Home Child Care Provider Pilot and Home Support Worker Pilot, you’ll need to meet the eligibility requirements and have a job offer to work in one of these occupations. The work permit you will receive through these pilot schemes is an open work permit to come to Canada and work temporarily. This work permit is occupation-restricted which means you have to work in that specific occupation, but it doesn’t need a Labour Market Impact Assessment (LMIA). Through these schemes, you will gain the work experience that is needed to be eligible for permanent residence.

The Live-in Caregiver Program (LCP) is currently closed to new applicants. If and when it re-opens, to obtain permanent residence through this program you will need at least 2 years of work experience under an LCP work permit and one of the below must be true for you:

• You are already working in Canada with an LCP work permit, or
• You were approved for your first LCP work permit based on a Labour Market Impact Assessment submitted to Employment and Social Development Canada on or before November 30, 2014

Another route to Canadian permanent residence is a less common one of humanitarian and compassionate (H&C) grounds, which is usually only applicable in exceptional circumstances.

You can apply for permanent residence on H&C grounds if you:

• Are currently living in Canada as a foreign national
• Require an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations to apply for PR in Canada, and you believe that humanitarian and compassionate considerations justify the exemption(s) you need, and you
• Are not eligible for permanent residence in any of these classes:
  • Spouse or Common-Law Partner
  • Live-in Caregiver
  • Caregivers: caring for children or people with high medical needs
  • Protected Person and Convention Refugees
  • Temporary Resident Permit Holder

Factors that will be taken into account in an H&C application include how settled you are in Canada, what family ties you have if any in Canada, the best interests of any children involved, and what the consequences will be if the request is not granted. 

If any of the below apply you will not be eligible to apply on H&C grounds:

• You are a Canadian citizen or permanent resident already
• You have already submitted an H&C application and are awaiting a decision
• You have already made a refugee claim
• You became a designated foreign national within the last 5 years

If you are seeking protection for reasons of persecution, danger of torture, risk to life or cruel and unusual treatment or punishment you can also take a look at the in-Canada refugee process.