On November 8, 2016 the United States of America elected a racist, misogynist, rapist scam artist as President. Prior to the election people spoke of how, if this KKK poster child were elected, they’d promptly move to Canada.
The tone of many in the US was similar to that of Judith Viorst’s hero in the popular children’s book, Alexander and the Terrible, Horrible No Good, Very Bad Day who pronounces after every misfortune that’s he’s going to move to Australia.
There has been no mass migration of Americans to Canada yet, despite Cheeto-head’s election (I refuse to call him by name because he has an orgasm every time he is mentioned in the press), but people in the US have been looking into it. On November 8th Citizenship and Immigration Canada’s (CIC) website crashed.
Contrary to popular belief, it’s not that easy to move to Canada. In order to spare CIC and Immigration Quebec’s websites, I’m going to give you a crash course on Canadian Immigration law and the programs through which one can come here.
For the purposes of this article, I’m going to go over the main, less expensive paths to permanent Canadian Immigration, leaving out temporary programs like student and visitor’s visas and work permits, however, it is important for prospective residents to maintain their legal visitor status when applying for permanent residency.
The main federal program in which someone can permanently immigrate to Canada is family sponsorship. The Federal Government administers this program in all provinces except Quebec. The Quebec Government is in charge of the federal program for applicants seeking to move to the province and have their own criteria in some cases.
Family sponsorship becomes the most popular program when a candidate threatening the fundamental freedoms of Americans runs for election. Many believe that all you have to do is marry a Canadian and presto! You’re in, right?
Family sponsorship allows Canadian citizens or permanent residents to bring their spouse, common-law or conjugal partner, and/or children to Canada. The definition of what constitutes a spouse and children is available on both the CIC and Immigration Quebec websites.
In order to sponsor someone, you need to prove you have the money to meet the person’s basic needs such as food, clothing, and shelter, support them financially for a given period of time so that they don’t need to seek financial help from the government. Veracity of the relationship is weighed more heavily, though, than the financial status. In order to qualify to be a sponsor, you have to be a citizen or permanent resident age 18 or older.
If you yourself were sponsored as a spouse and became a permanent resident less than five years earlier, you cannot be a sponsor. You are also ineligible if you have declared bankruptcy which has yet to be discharged. If you have an outstanding immigration loan, you won’t be granted a sponsorship application.
You cannot be a sponsor if you have been convicted in Canada or abroad of sexual or violent crimes or threats of committing them or if you are in default of court ordered alimony payments.
In Quebec, you cannot be a sponsor if you are a current welfare recipient, the exception being if you receive benefits due to your age or a disability that keeps you from long term employment. Sponsors in Quebec are also forbidden from sponsoring a spouse who is under the age of consent in Canada (16).
Let’s say requirements are met and all the right forms and documents have been submitted. It should just be a couple of months before the person can move to Canada, right?
Processing times vary depending on what country the sponsored relative is coming from. At the federal level, the government is currently working its way through a backlog of applications. If you are sponsoring your American spouse, for example, you both could be waiting at least 14 months for processing, but that time will also allow CIC to assess you as a sponsor.
* Ed’s Note: Changes were recently made to the Quebec Skilled Worker Program, adding additional hoops to jump through, including when you apply, that aren’t mentioned in the text below. The Quebec Government lists some of them on their website.
Then there is the Quebec Skilled Worker Program. The program allows you to get a Quebec Selection Certificate (CSQ). By itself, the CSQ is worthless, but it does make it easier to become a Permanent Resident. Only when you become a Permanent Resident can you actually move to Canada.
The CSQ program is a points system based primarily on you (and your spouse’s) education, age, work experience, and knowledge of French and English. You can get a copy of the evaluation grid online but remember that the government changes the grid every few years.
In order to get points for language proficiency, you must provide the results of French and English tests recognized by the Quebec government, and documents in a format other than Immigration Quebec’s preferred format can lead to delays or a refusal of the application. Unfortunately, the government also has a quota of how many CSQ applications they accept annually, so check the website regularly to make sure it’s not too late.
Do you need a lawyer to help you immigrate?
Not really; it’s just a matter of correctly filling out forms, getting the right documents and fees together, and sending them to the right place on time. All of this information is available online. However, if you have trouble with one or both of Canada’s official languages or are contesting a decision, it’s better to get the advice of an expert. There are scores of qualified individuals working in this field who can help you.
The process is long and annoying but if you get here, we promise to welcome you, eh!
* This post was updated November 16th, 2016