There are several factors that must be met to qualify for permanent residence in Canada. Some of these factors are criminality, medical admissibility requirements, and family status. Another factor is the COVID-19 pandemic.
Read on to learn more about these factors and how they might affect your application. This article also discusses the impact of this pandemic on Canadian immigration law.
- Criminality
Criminality is a key factor in determining eligibility for immigration to Canada. The nature of an offense determines whether it’s considered a serious crime or not.
For example, a minor drug offense might not be considered a serious crime. However, a major crime can result in a long jail sentence.
There are a few ways to apply for immigration to Canada if you have a criminal history. One way is to go through the Criminal Rehabilitation program.
You need to have completed your sentence at least five years ago. Otherwise, you will have to apply for a Temporary Resident Permit instead.
- Medical admissibility requirements
Foreign nationals who want to enter Canada legally must undergo a detailed medical examination. This is required for people seeking to work, study, or permanently reside in Canada.
If the IRCC deems the demand for a particular medical condition to be excessive, it will send a letter of concern to the primary applicant, giving them the opportunity to respond.
While the medical inadmissibility threshold varies by province, Canada uses a five-year average to determine whether or not an applicant is medically ineligible. Other countries have higher thresholds and are based on the cost of a person’s health care services.
- Family Class
The Family Class in Canadian immigration law is a category of immigrants whose primary residence is in Canada. In order to qualify for this class, a foreign national must be sponsored by a Canadian citizen or permanent resident.
The sponsor must meet specific requirements in order to qualify for the program. A sponsor must also be a Canadian citizen. However, Canadian Immigration Lawyers such as Bellissimo can be consulted if you get stuck and seek guidance for the same.
Dependent children may qualify for a sponsorship. They must be younger than 22 years of age or have a physical or mental disability. Parents and grandparents may also qualify for family sponsorship if they are Canadian citizens or permanent residents.
However, there is an annual cap on applications in this category, and income requirements must be met by the sponsor. The process can take two years, though a Super Visa may expedite the process.
- Impact of COVID-19 pandemic on Canadian immigration law
The pandemic had a significant impact on migration within and across Canada. It reshaped Canada’s immigration hierarchy, affecting both national and international mobility.
For example, the Emergency Orders for immigration and refugee protection restricted the entry of non-citizens of all categories, except those from the United States and certain other countries.
However, the exemptions from exclusion were not based on the perceived relative worth of non-citizens.
In April 2020, federal funds were allocated for health and safety protections, including mandatory quarantine measures for the agri-food sector. In November 2020, the Minister of Immigration, Refugees, and Citizenship indicated that more than $100 million had been allocated for these measures.
The level of immigration in Canada peaked in 1993 during the last year of the Progressive Conservative government. Since then, the Liberal Party of Canada has maintained this level and committed to increasing immigration in 2005.
In spite of the controversy surrounding Canada’s immigration policy, Canadian political parties have generally refrained from criticizing the high level of immigration.
The current level of immigration in Canada stands at 0.7% per year, which is higher than the rate of immigration to the United States.
