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Immigration to Canada

In the United States, there are only a few opportunities for potential immigrants to petition themselves for permanent residence. In Canada, all immigrant categories (except Family Immigration) permit potential immigrants to sponsor themselves as landed immigrants.

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

General

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

Many visa offices have a pre-application questionnaire which they provide. However, it often takes a considerable period of time to have the pre-application questionnaire assessed by the visa office. In the majority of cases, it is better to simply file the actual application. However, in such cases the applicant should seek professional guidance (preferably from an immigration lawyer) prior to making their application. This is because the actual application will become part of their permanent immigration record.

The principal applicant may include his dependents (spouse and dependent children) in the application. However, if there is more than one adult applicant and both wish to be assessed to determine whether or not they are qualified for admission to Canada, they may both be designated as principal applicants and assessed accordingly.

As mentioned above, the Immigration Regulations permit a person who is being sponsored for landing in Canada to bring his or her accompanying dependents. Dependents would include the legal spouse or dependent children of the principal applicant. However, the Immigration Regulations define these dependents as accompanying dependents. "Accompanying dependents" means a dependent of the principal applicant who is accompanying or following that person to Canada. If the dependents arrive in Canada prior to the principal applicant, they are not accompanying dependents and will not be granted landed status.

Dependent children are defined in the Immigration Regulations as being as a son or daughter who is:

  • less than 19 years of age and unmarried;
  • 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 support by the parents, or
  • over the age of 19 but who is medically dependent upon his or her parents.

All dependents must demonstrate admissibility to Canada whether they are accompanying the principal applicant or not.

Additional Information For additional information regarding the independent category, please refer to the Citizenship and Immigration Canada Web Site.


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