Hong Kong: How to immigrate to Canada: A guide for Hong Kong residents

FAQs on Canadian Immigration

How Can I Move to Canada from Hong Kong

There are a number of different pathways to move to Canada from Hong Kong. Though we set out below the 4 major pathways, as each pathway has different requirements as to eligibility, you may wish to get immigration assistance from one of our immigration lawyers to identify the pathway which would be most suitable for your individual circumstances.

How Many Immigrants Does Canada Accept Each Year?

In 2019, Canada welcomed more than 341,000 permanent residents. Even with the challenges resulting from the COVID-19 pandemic, in 2020, Canada admitted over 184,500 new permanent residents.

Going forwards, Canada plans to increase the number of permanent residents, setting the following immigration targets:

Based on data from 2019, just under 9% of the immigrants accepted into Canada as permanent residents came from China.

Studying in Canada

How Does a Hong Kong Resident Get a Study Permit for Canada?

Generally, Hong Kong residents must apply for a study permit to study in Canada.

To qualify for a study permit for Canada, a foreign national such as a Hong Kong passport holder, must first apply to and be accepted to a Canadian educational institution, known as a Designated Learning Institution ("DLI"). A foreign national who wishes to study in Quebec must obtain a Quebec Acceptance Certificate in addition to a letter of acceptance from the DLI.

Assuming acceptance into a DLI, the foreign national will need to demonstrate sufficient financial resources to cover tuition costs and to maintain themselves during their first year in Canada or, if their program of study is less than a year, during their period of study. For study outside of Quebec, as of 2022, the Canadian government requires funding for living expenses (excluding tuition) of at least CAD10,000 for the student alone. Additional funds are required for additional family members.

What are Designated Learning Institutions ("DLIs")?

Designated learning institutions are educational institutions including universities and colleges as well as technical and trade schools which have been designated by the Canadian government and which are eligible to host international students. Students accepted into these institutions are eligible for a study permit. As of March, 2022, there were over 1,500 designated learning institutions, the vast majority of which are located in Ontario, Quebec and British Columbia.

The choice of DLI can be significant as graduates of some DLIs are eligible for a post graduate work permit ("PGWP") while graduates of other DLIs are not.

Canadian Permanent Residency

Do I Need a Job to Immigrate to Canada?

No. Canada offers a number of pathways to Canadian permanent residency which do not require a job in Canada. The Federal Skilled Worker Program, and provincial nomination programs offer foreign nationals the opportunity to become Canadian permanent residents without a job in Canada or, indeed, any work experience in Canada. However, having a job in Canada can be a positive factor when applying for Canadian permanent residency and there is a pathway to permanent residency called the Canadian Experience Class Program which is focused on Canadian work experience.

Quite apart from the above, it is possible to become a permanent resident of Canada through family re-unification as a member of the Family Class. Members of the Family Class may include spouses of Canadian citizens.

As there are many different possible pathways to Canadian permanent residency, it is advisable to seek immigration assistance to identify the most suitable pathway

Can a Canadian Work Permit be Converted to Permanent Residency in Canada?

Canadian work experience is a positive factor in determining likelihood of obtaining Canadian permanent residency.

Under Canada's Express Entry system of managing permanent residency applications, foreign nationals interested in applying for permanent residency are ranked using a point system known as the Comprehensive Ranking System ("CRS"). A foreign national can receive a maximum of 1,200 points under CRS. In this regard, for example, a foreign national can be assigned 130 points for 5 or more years of Canadian work experience in conjunction with 2 or more post-secondary credentials. For this purpose, Canadian experience must, amongst other things, be in prescribed management occupations or skilled work.

Equally, working in Canada may enable a foreign national to meet eligibility requirements for immigration programs managed by Express Entry. For example, a valid job offer from a Canadian employer is a pre-requisite for eligibility under the Federal Skilled Worker Program. Similarly, for example, 1 or more years of Canadian work experience in skilled work is a pre-requisite for eligibility under the Canadian Experience Class Program

A valid work permit, in conjunction with a valid job offer from a Canadian employer, may entitle a foreign national to skip the requirement to provide proof of financial resources under the Federal Skilled Worker and Federal Skilled Trades Programs.

How Much Money Do I Need to Immigrate to Canada?

The amount of money needed to immigrate to Canada will depend upon a number of factors. One factor is the pathway chosen to immigrate.

For example, if you are applying for Canadian permanent residency based on the British Columbia Provincial Entrepreneurship Program, you will need to show personal net worth of at least CDN600,000.

However, for example, if you are applying for Canadian permanent residency under the Federal Skilled Worker Program ("FSWP") or the Federal Skilled Trades Program ("FSTP") and you do not have a job in Canada, you will need to show that you have sufficient funds to support yourself and your family (including your spouse and your children) even if those family members are not joining you in Canada. The minimum funds in this case will depend on the number of family members. As at March, 2022, in the case of an applicant with no family members, the minimum funds is CDN13,213 in the case of a couple, the minimum funds is CDN16,449. For a family of 4, the minimum funds is CDN24,553.

Express Entry

What is Express Entry?

Express Entry is an online system used by Immigration, Refugees and Citizenship Canada ("IRCC") to manage applications for permanent residency for skilled worker immigration programs.

How Does Express Entry Work?

Under Express Entry, foreign nationals submit a profile to determine eligibility for the programs managed by Express Entry and to determine ranking under those programs. During the course of each year, IRCC holds rounds of invitations. Each round specifies the minimum rank needed to receive an invitation to apply for permanent residency for one or more specified programs. Foreign nationals who are eligible for those specified programs and who are ranked at or higher than the minimum rank for those programs are invited to apply for permanent residency.

Each round of invitation is subject to the prevailing rules issued by the Minister of Immigration, including as to ranking of foreign national candidates. Under current rules, foreign nationals are ranked in the first instance using a points based system known as the Comprehensive Ranking System ("CRS"). Thereafter, foreign nationals with the same number of points competing for an invitation in the same round for the same programs covered by that round are ranked based on the time their profile was submitted to Express Entry.

Express Entry Application Deadline

If a foreign national receives an invitation to apply for permanent residency, the foreign national must submit an application for permanent residency before the deadline specified in the round of invitation. Generally, an application must be submitted within 60 days.

Who is Eligible for Canada Express Entry?

To receive an invitation to apply for permanent residency under Express Entry, a foreign national must meet a number of conditions.

Express Entry Profile

The foreign national must submit an expression of interest by completing a profile through Express Entry. The profile must include the results of an approved language test and, if the foreign national did not complete his or her education in Canada, an assessment of the equivalency of his or her educational credentials. The results of the language test and the assessment of equivalency of educational credentials must be less than 2 years old and 5 years old respectively. If during a period of expression of interest these results expire, the foreign national is no longer eligible under Express Entry.

Comprehensive Ranking System

The foreign national must rank high enough in the invitation round for the program for which he or she is eligible. Ranking is based primarily on the number of points assigned to a foreign national based on the foreign national's submitted profile. These points are assigned under the Comprehensive Ranking System ("CRS"). Under CRS, the maximum number of points is 1,200 across 4 categories:

As is evident from the foregoing, CRS is weighted predominantly towards the core human capital factors and the additional factors.

Program Eligibility

Based on the profile, the foreign national must meet eligibility requirements under one of the immigration programs managed by Express Entry. The immigration programs managed by Express Entry are the Federal Skilled Worker Program ("FSWP"), the Federal Skilled Trades Program ("FSTP") and Canadian Experience Class ("CEC").

Foreign nationals who are eligible for these programs may apply through Express Entry for nomination to a Provincial Nominee Program. If successfully nominated, they may receive additional points under the CRS.

What CRS Score is Required for Canadian Permanent Residency?

The minimum Comprehensive Ranking System ("CRS") score to receive an invitation to apply for permanent residency under Express Entry varies in each Express Entry round. It is important to remember that under current practice, meeting the minimum score may be insufficient to receive an invitation as Express Entry invites foreign nationals to apply for permanent residency based on ranking. Where more than one foreign national has the same CRS score, the foreign nationals are ranked according to the time of submission of their Express Entry profile.

In recent sample Express Entry rounds, the number of invitations issued and the CRS score for the lowest ranked candidate receiving an invitation were as follows:

The majority of Express Entry rounds in the past few years have focused on the Provincial Nominee Program, in which the CRS scores have generally been higher than those in rounds open to other programs.

What is the Federal Skilled Worker Program (FSWP)?

The Federal Skilled Worker Program ("FSWP") is a Canadian immigration pathway to Canadian permanent residency open to foreign nationals with work experience in prescribed management, professional or technical occupations, who meet minimum language and education requirements, who intend to reside outside Quebec and who demonstrate the ability to become economically established in Canada.

A foreign national who meets the threshold criteria for the Federal Skilled Worker Program is eligible to submit an expression of interest in applying for permanent residency through the Express Entry System. In essence, the Express Entry System scores the foreign national on a Comprehensive Ranking System ("CRS"), ranks them based on this score and the time of their application and issues invitations to apply for permanent residency based on their ranking.

The Federal Skilled Worker Program is open to skilled workers whether or not they are working in Canada. However, Canadian work experience is a positive factor which can assist with acquiring points under CRS.

What is the Federal Skilled Trades Program?

The Federal Skilled Worker Program ("FSTP") is a Canadian immigration pathway to Canadian permanent residency open to foreign nationals who wish to reside outside of Quebec based on qualifications in a skilled trade.

To qualify a foreign national must have at least 2 years of full time work experience (or the equivalent in part-time experience) in a skilled trade within the 5 years before the application in a skilled trade within prescribed occupations. These occupations are described in the National Occupational Classification ("NOC") and relate to industrial, electrical and construction trades, maintenance and equipment operation, natural resources, agriculture and related production, manufacturing and utilities, chefs and cooks and butchers and bakers.

Foreign nationals who wish to apply under FSTP may need to undergo an assessment of their experience, skills and knowledge against provincial or federal standards which must be met to perform the skilled trade. Foreign nationals without a valid job offer of full time employment for at least 1 year must have a certificate of qualification in that skilled trade issued by the regulatory authority in the province or territory in which they seek to reside or, where applicable, by the Canadian federal authority.

What is the Canadian Experience Class Program?

The Canadian Experience Class Program is a Canadian immigration pathway to Canadian permanent residency available to foreign nationals with prior work experience in Canada who demonstrate an ability to become economically established in Canada, who meet minimum language requirements and who intend to reside outside of Quebec.

The Canadian work experience must be at least 1 year in duration in the last 3 years before the application is made. In the case of a full-time job, this will mean that the applicant should have worked at least 30 hours per week for 12 months (1,560 hours). The work experience should have been acquired by working in Canada while under temporary resident status with authorization to work. The work experience must be in a managerial job, a professional job or a technical job or skilled trade as set out in Skill Level 0, Skill Type A or Skill Type B in the Canadian National Occupation Classification ("NOC").

As with the Federal Skilled Worker Program, a foreign national who meets eligibility requirements under the Canadian Experience Class Program must submit an expression of interest in applying for permanent residency through the Express Entry System. The Express Entry System will score the foreign national using the Comprehensive Ranking System ("CRS"), rank the foreign national according to the score and the time of their application and issue invitations to apply for permanent residency based on ranking.

Provincial Nominee Programs

What is the Provincial Nominee Program?

Each Canadian province or territory has its own immigration program ("Provincial Nominee Program") that enables foreign nationals who have the skills, education and work experience to contribute to that province's economy and who wish to live in that province to obtain Canadian permanent residency. These programs may, for example, target students, business people, skilled workers or semi-skilled workers.

Some Provincial Nominee Programs have multiple streams, some of which are processed through Express Entry and others of which are processed through a paper based application. A paper based application generally takes longer to process than an application through Express Entry.

A foreign national who is applying for permanent residency under a Provincial Nominee Program through Express Entry must be eligible under an Express Entry immigration program (i.e. the Federal Skilled Worker Program ("FSWP"), the Federal Skilled Trades Program ("FSTP") and Canadian Experience Class ("CEC")).

For foreign nationals applying through Express Entry, there are 2 major advantages of a nomination under a Provincial Nominee Program. First, based on recent history, the frequency of rounds of invitation is higher for the Provincial Nominee Program. Secondly, a foreign national who is nominated earns 600 points under the Additional Factors category, representing half of the total maximum points available under the Comprehensive Ranking System ("CRS"). These advantages mean that a foreign national who is nominated under a Provincial Nominee Program enjoys a significantly higher likelihood of receiving an invitation to apply for permanent residency over a shorter period of time.

The BC Provincial Nominee Program

The British Columbia Provincial Nominee Program ("BC PNP") is a Provincial Nominee Program with multiple streams, including an Express Entry BC ("EEBC") stream, a Skills Immigration stream, the Tech Pilot ("BC PNP Tech"), which is a subset of the Skill Immigration stream, and an Entrepreneur Immigration stream.

In the 3 year period from 2018 to 2020, the Province of British Columbia nominated between approximately 6,250 to 6,550 foreign nationals each year under the BC PNP as follows:

From 2020 to 2018, the BC Tech Pilot contributed 1,855, 1,509 and 1,135 nominees respectively within the Skilled Worker and International Graduate & Post-Graduate categories of the Skilled Immigration Stream.

In the 3 year period from 2018-2020, China accounted for approximately 25% of the provincial nominees.

BC Tech Pilot

The Tech Pilot ("BC PNP Tech") is intended to help BC tech employers to recruit and retain international talent in 29 tech occupations by offering foreign nationals with those tech skills a priority pathway to permanent residency. These tech occupations include computer and information systems managers, computer programmers, web designers and developers, information system analysts, database administrators, authors and writers, graphic designers, editors, broadcast and technical motion picture occupations and a range of engineers including civil, mechanical, electrical, electronic, computer, chemical and software engineers.

Temporary Foreign Worker Program

What is the Temporary Foreign Worker Program?

One common pathway to work in Canada is known as the Temporary Foreign Worker Program ("TFWP") Under the program, Canada issues a work permit to a foreign national where the foreign national has received a genuine job offer from a Canadian employer and certain other specified criteria are met. These criteria include the following requirements:

• The proposed employer has actively engaged in a business and the job offer is consistent with the needs of the employer.
• The foreign national is capable and qualified to perform the job offered.
• The foreign national has obtained a positive or neutral Labour Market Impact Assessment ("LMIA") in respect of the job offer. For more information on an LMIA, refer to the question "What is an LMIA" below.

Certain employers who have failed to comply with Canadian immigration laws in the past are ineligible employers.

What is a Labour Market Impact Assessment (LMIA)?

A labour market impact assessment ("LMIA") is an opinion issued by Employment and Social Development Canada ("ESDC"). An LMIA assesses a number of different factors, including whether the hiring of a foreign national will result in job creation or retention for Canadians, whether the hiring will yield benefits to Canada such as the development or transfer of skills and whether the hiring will likely fill a labour shortage. An application for an LMIA will normally require the employer to advertise the position and to demonstrate that there is no suitable Canadian citizen or permanent resident to fill the position. A positive or neutral LMIA indicates that there is no negative effect of a hiring on the Canadian labour market and is required for work permit applications under the Temporary Foreign Worker Program ("TFWP")

International Mobility Program

What is the International Mobility Program?

The International Mobility Program ("IMP") is a pathway to obtaining a work permit to work in Canada without a Labour Market Impact Assessment ("LMIA"). IMP work permits may be issued on the basis that the work performed would create significant social, cultural or economic benefits or opportunities for Canadians or would create or maintain reciprocal employment for Canadians in other countries. Consistent with the foregoing, specific defined categories of LMIA exemption under IMP include work under international free trade agreements and intra-company transfers.

These specific categories aside, a Hong Kong resident may be eligible under IMP for a work permit without an LMIA on a more general but discretionary basis of providing significant social, cultural or economic benefits to Canadians. As the normal approach is to protect Canadian jobs through a positive or neutral LMIA, an application on the basis of such benefits outside a specific recognized category of benefit must be so clear and compelling that the importance of an LMIA can be overcome. A significant benefit may, for example, include creation of jobs, development of a region, the expansion of export markets for Canadian products or services or the advancement of a Canadian industry through technology or innovation.

How Do I Apply for the International Mobility Program?

To apply for a work permit under the International Mobility Program ("IMP"), a foreign national must secure an employment offer with a Canadian employer for a job that qualifies under the IMP. Generally, jobs qualify under the IMP where there the work would create significant social, cultural or economic benefits or opportunities for Canadians or would create or maintain reciprocal employment for Canadians in other countries.

The Canadian employer must submit the employment offer to Immigration, Refugees and Citizenship Canada ("IRCC") and obtain an offer of employment number. The employer must establish that there is no need for the employer to obtain a Labour Market Impact Assessment ("LMIA") Using this offer of employment number, the foreign national must then apply for a work permit under the IMP.

Can Hong Kong Residents Work in Canada under a Free Trade Agreement?

Work permits under IMP without an LMIA may be available as a result of free trade agreements of which Canada is a party. These free trade agreements include the US-Mexico-Canada Agreement ("USMCA" or "CUSMA") (formerly known as "NAFTA"), the Canada-European Union Comprehensive Economic and Trade Agreement ("CETA"), the Agreement on Trade Continuity between Canada and the United Kingdom ("CUKTCA") and the General Agreement in Trade Services ("GATS").

Hong Kong citizens may be eligible under GATS and foreign nationals resident in Hong Kong who hold citizenship in countries such as the UK may be eligible under CUKTCA for a work permit without an LMIA. In the case of GATS, Hong Kong citizens who possess recognized qualifications in certain professions, including engineers, architects, land surveyors, foreign legal consultants and senior computer specialists may be eligible for a short-term work permit.

Can Hong Kong Employees Transfer to an Affiliate in Canada?

Employees of multinational companies may be eligible for a work permit in Canada under the International Mobility Program ("IMP") without an LMIA either on the basis of an international free trade agreement or on a more general basis that transfers of such employees to Canada may provide significant economic benefit to Canada through the transfer of expertise to Canadian businesses.

Hong Kong residents who have worked full-time for a multinational for at least 1 year in the 3 year period immediately preceding the date of the application in an executive, senior managerial or specialized knowledge capacity may be eligible without an LMIA for a work permit to work in a parent, subsidiary, branch or affiliate of the multinational in Canada. A subsidiary, branch or affiliate may be a new operation.

Can Hong Kong Residents Apply for an Open Work Permit?

An open work permit enables the holder to work for different employers rather than a specific employer. Hong Kong residents and other foreign nationals may be eligible for an open work permit in a number of circumstances:

• Recent Hong Kong Graduates - Under a temporary public policy announced on November 12, 2020, recent Hong Kong graduates of post-secondary educational institutions and their spouses can apply for a Canadian open work permit. We provide more details about this pathway in our article entitled "How to Immigrate to Canada: A Guide for Hong Kong Residents".
• International Experience Canada – Young Hong Kong residents and certain other foreign nationals may be eligible as well for an open work permit under International Experience Canada (Working Holiday) program. For residents of Hong Kong, the program requires the applicant to hold a valid Hong Kong SAR passport or a British National (Overseas) passport and to be between the ages of 18 and 30.
• Post Graduate Work Permit –Hong Kong citizens and other foreign nationals who have graduated from an eligible Canadian designated learning institution may be eligible for an open work permit to gain experience in managerial, skilled or technical occupations prescribed in Skill Type 0 or Skill Level A or B under the National Occupational Classification ("NOC").

Open work permits may also be available in some other circumstances, including, for example, to certain applicants for Canadian permanent residency and their dependants.

Sponsoring Family

Can a Hong Kong Based Canadian Sponsor a Spouse and Children to Immigrate to Canada?

Canada offers a number of pathways for Canadian citizens and permanent residents to sponsor family members to become permanent residents of Canada.

Canadian citizens over the age of 18 who are resident in Hong Kong may be eligible to sponsor their spouse (including a common-law partner or conjugal partner) and their children (who are unmarried, under the age of 22 and without their own dependent children) if they will reside in Canada when these family members become permanent residents. There is no pathway per se for a Canadian citizen to sponsor their fiancée to immigrate to Canada but the fiancée may qualify as a common-law partner (on the basis of co-habitation in a conjugal relationship for at least 1 year) or conjugal partner (on the basis of a conjugal relationship for at least 1 year).

Note that children of Canadian citizens may already qualify for Canadian citizenship even if they were born in Hong Kong or any other place outside Canada. In this case, the children should apply for Canadian citizenship rather than permanent residency.

As there is a concern that family members sponsored to come to Canada may burden the Canadian social safety net, sponsors will need to meet financial thresholds.

In the case of sponsorship of a spouse or child, the sponsor must provide an undertaking to provide financial support for basic needs of the sponsored family member. For applications for residents outside Quebec, in the case of a spouse, the undertaking will last for 3 years from the day the spouse becomes a permanent resident and, in the case of a child, the undertaking will last for 10 years from the day the child becomes a permanent resident or until the child reaches 22 years of age, whichever comes first.

Can a Canadian Based in Hong Kong Sponsor Parents and Grandparents to Immigrate to Canada?

It is possible for a Canadian citizen to sponsor parents and grandparents but the sponsor must be living in Canada at the time of the application and must be invited to apply following a submission of interest.

In the case of a sponsorship of a parent or grandparent or a child with their own dependent child, the sponsor must meet minimum income thresholds which will depend upon the number of family members being sponsored and, for sponsors residing outside Quebec, must provide an undertaking to provide financial support to those family members for 20 years beginning on when they become permanent residents.

An alternative to sponsoring a parent or grandparent for permanent residency is to apply for a super visa for them. A super visa entitles the parent or grandparent to stay in Canada for up to 2 years (whereas visitor visas are normally issued for 6 months). Super visas may be renewed.

Working in Canada

Can Hong Kong Passport Holders Work in Canada?

If you are a Hong Kong citizen but you do not have Canadian citizenship or Canadian permanent residency, you generally need a work permit to work in Canada. There are some exceptions to the requirement for a work permit

A Hong Kong citizen holding a passport issued by the Government of the Hong Kong SAR or a Hong Kong person born, naturalized or registered in Hong Kong holding a British National (Overseas) passport issued by the United Kingdom may visit Canada using an electronic travel authorization (Canadian eTA) without applying for a visa. However, a Canadian eTA does not give its holder the right to work in Canada

How Can I Get a Work Permit to Work in Canada from Hong Kong?

Canada offers a number of different pathways for a Hong Kong citizen to apply for a work permit to work in Canada, including the Temporary Foreign Worker Program ("TFWP") and the International Mobility Program ("IMP")

Can I Work in Canada Without a Work Permit?

A number of different types of Hong Kong persons may be eligible to work in Canada without a work permit. These persons include the following:

• Business visitors – Business visitors from Hong Kong and other countries may be exempt from the requirement for a work permit. A business visitor includes a foreign national who seeks to engage in international business activities in Canada without directly entering the Canadian labour market. To qualify, a foreign national's primary source of remuneration for their business activities must be outside Canada and the principal place of business and the actual place of accrual of profits must remain predominantly outside Canada.
• Full time students - Hong Kong citizens and other foreign nationals studying full-time at a university or college in Canada on a study permit may be eligible to work in Canada subject to certain restrictions.
• Prescribed occupations – Hong Kong citizens and other foreign nationals working in prescribed occupations may work in Canada in those occupations without a work permit. The number of these occupations is limited. The occupations include performing artists, athletes, and foreign news reporters.

Does My Work Permit Allow Me to Work for Any Employer in Canada?

Work permits issued under Temporary Foreign Worker Program ("TFWP") and the International Mobility Program ("IMP") are employer-specific (i.e. they are closed work permits). However, in some cases, non-Canadian citizens may be eligible for an open work permit. Unlike an employer-specific work permit, an open work permit does not limit the holder to working for a specific employer. Some open work permits will enable the holder to work for almost any employer within a defined occupation or location. Other open work permits will enable the holder to work for almost any employer without any restriction on occupation or location.

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.