You are the human resources director for a
Canadian-based company with affiliates and subsidiaries in
numerous countries. One of your responsibilities is to manage
your company's temporary foreign workers in Canada. One of
the challenges you face is handling retention issues with some
of the foreign workers whom the company would like to hire and
keep on a permanent basis on Canadian soil. You may find that
Canada is complicated with respect to its rules for admission
of foreign nationals for permanent residence. Not to worry
— while the rules may be complex, there are
circumstances where temporary foreign workers may be granted
status as permanent residents of Canada. Gaining a greater
understanding of the rules surrounding their eligibility and
the timelines governing the process will make your life much
Applications for Permanent Residence
Most work permit categories for temporary foreign workers
have hard cap limits on them, such as seven to 10 years.
Therefore, in most circumstances, if an employer wants to
retain a foreign national in Canada on a longer-term basis, the
employee must apply for and obtain permanent residence.
The two most common categories for foreign workers applying
for permanent residence are (i) family class sponsorship and
(ii) federal skilled worker.
Family Class Sponsorship
A temporary foreign worker may be eligible for permanent
residence through the family class category if he or she has a
close relative who is willing to sponsor him or her and who is
a Canadian citizen or permanent resident of Canada.
Acceptable relatives who may be sponsored include spouses,
grandparents and parents. This category is most commonly used
when a temporary foreign worker is married to or is a
common-law spouse of a Canadian citizen or permanent resident
Given the limited types of relatives who may be sponsored,
in many instances a temporary foreign worker is simply not
eligible to take advantage of the family class category and
must apply as a federal skilled worker.
Federal Skilled Worker
The federal skilled worker category is the most common one
used by temporary foreign workers who want to attain permanent
residence in Canada. Under this category, workers must undergo
an assessment based on six criteria:
arranged employment; and
To qualify for permanent residence under this category, an
applicant must score a minimum of 67 points out of 100 on the
Seventy of the possible 100 points are assigned to the
education, work experience and language categories. As an
example, under most circumstances, a person with a university
degree and four years of work experience in a professional
capacity along with fluency in either English or French would
be able to qualify for the minimum 67 points, as long as he or
she can accumulate another eight points in the final three
categories of age, arranged employment and adaptability, which
make up the final 30 points.
Once an applicant in Canada files through the family class
or the federal skilled worker categories, it can take up to two
years for him or her to be granted permanent residence. It is
essential for the foreign worker and his or her employer to
maintain the worker's lawful temporary status in Canada
during that time.
Given the lengthy processing times involved, a decision
about whether the worker should seek permanent residence in
Canada should be made early enough in the worker's stay in
Canada to avoid the worker running out of eligibility room on
his or her work permit and being potentially forced to leave
The content of this article is intended to provide a
general guide to the subject matter. Specialist advice should
be sought about your specific circumstances.
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October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
October 19th, 2016 - Immigration authorities conducted the 22nd round of invitations under Express Entry in 2016 and 45th overall, inviting 1804 applicants for permanent residence, the largest number ever. The lowest CRS score was 475, a decline from the previous draw.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
A unique feature of the new Canada express entry immigration system is that candidates can improve their comprehensive ranking score while in the express entry pool, without submitting a new application. We review important strategies.
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