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Glossary

Immigration Dictionary

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A

Act: In the context of immigration law, "Act" refers to the Immigration and Refugee Protection Act. See IRPA. http://laws-lois.justice.gc.ca/eng/acts/I-2.5/

Adaptability: A Canadian immigration applicant can be awarded a maximum of ten points for "Adaptability" under the Federal Skilled Worker selection criteria. The term refers to how successfully and promptly a Canadian immigration applicant can integrate into Canadian society and adapt him- or her-self to life in Canada. To determine someone's ability to adapt, the following factors are used:

1) Whether or not the applicant has relatives in Canada

2) Whether or not the applicant has educational or work experience in Canada

3) Whether or not the applicant has a job position arranged in Canada

4) The education level and work history of the applicant's spouse

Adaptation: "Adaptation" refers to the period of a newcomer's adjustment to his or her new life in Canada, which varies in length and difficulty depending on the newcomer's language skills, home-country experiences, and other qualities. This may involve finding employment, a place to live, growing accustomed to a Canadian way of life, and establishing a social network in one's community.

Admissibility hearing: The Canada Border Services Agency (CBSA) may request an "admissibility hearing" if it is believed that a foreign national or a permanent resident has disobeyed the Immigration and Refugee Protection Act (IRPA) in any way. The individual would have to appear before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB), and the Immigration Division would determine whether or not the individual is permitted to enter or remain in Canada.

Adoption: An "adoption" happens when a legal parent-child relationship is formed that breaks a pre-existing, biological parent-child relationship.

Age: A Canadian immigration applicant who is 21-49 years of age is awarded the maximum ten points for "Age" in the Federal Skilled Worker selection criteria. For every year under 21 or over 49, two points are reduced from the applicant's point count. While there is no minimum age requirement for becoming a Canadian citizen, only people who are at least 18 years of age can represent themselves on an application for Canadian citizenship.

Agent: In the context of a fund, an "agent" is the Minister acting on behalf of a fund that has received provincial approval.

Alliance françaises: "Alliance françaises" is an international school network which specializes in teaching French. Operating in numerous countries around the world, they are authorized to administer international tests to determine a person's language proficiency in French. Some of these tests include the Test d'évaluation du français (TEF), the Test de connaissance du français (TCF), the Test d'évaluation du français adapté pour le Québec (TEFAQ) and the Test de connaissance du français pour le Québec (TCFQ). For more information, click here. http://www.af.ca/af-in-canada/

Allocation period: The "allocation period" is the five-year period which begins on the second month after the month when an investment is received.

Annulment: An "annulment" is like a divorce except that instead of it being a means of ending a marriage, it is a means of erasing the marriage so that it is as if it never happened. An annulment is justified in Canada on account of any one of the following factors: incapacity; errors in identity; duress; bigamy; prohibited degrees of family relationships; and the disobeying of statutory established procedures.

Appeal: When a person requests an "appeal", it means that he or she wishes for a higher court to re-evaluate a decision made by a lower court.

Application: Filling out an "application" is the first step to Canadian immigration. An individual must fill out specific forms and provide documents to their visa office in order to become a Canadian immigration applicant.

Approved testing organizations: "Approved testing organizations" are ones that have been

approved by the government to test an applicant's level of language proficiency in English and/or French in order to determine whether or not the applicant fulfills the Federal Skilled Worker selection criteria. The approved testing organizations include:

• The International English Language Testing System (IELTS);

• The Canadian English Language Proficiency Index Program (CELPIP); and

• The Test d'Évaluation du Français (TEF)

Arranged Employment Opinion (AEO): A Federal Skilled Worker applicant with an "arranged employment opinion" in Canada can be awarded up to ten points for their application. If an applicant has received an indefinite or permanent job offer by a Canadian employer, then the applicant is most likely considered to have arranged employment. For more information, click here. http://www.canadianimmigration.net/work/aeos.aspx

Arranged marriage: An "arranged marriage" is one in which the couple has not met before the day of their wedding. As long as the other requirements for a valid marriage are met, the spouses in an arranged marriage still qualify for family sponsorship purposes.

Authorization to return: If a person has been deported from Canada, he or she cannot return to Canada unless he or she has valid "authorization to return" to Canada. If there is a specified period of time on the deportation order, then the person must wait for the completion of that period of time. Otherwise, whether there is a specified period of deportation or not, a deported person can apply for authorization to return to Canada. For more information about applying for authorization to return to Canada, click here. http://www.canadianimmigration.net/work/denied-entry-or-application-refused.aspx

OR

http://www.canadainternational.gc.ca/austria-autriche/visas/arc-prc.aspx?lang=eng

Authorized representative: For the purpose of Canadian immigration all applicants have the

option of submitting an application themselves or through an "authorized representative". All paid representatives must be either a member in good standing of:

• a bar of a province;

• the Chambre des notaires du Québec; or

• the Canadian Society of Immigration Consultants.

 


 

B

B&B (Bed and breakfast): Similar to a hotel, a "B&B (bed and breakfast)" provides short-term accommodation with a daily breakfast included in the cost. Newcomers to Canada often stay in B&Bs temporarily while searching for long-term accommodations.

Background check: A "background check" is a process in which a visa office will look into an applicant's personal history, credentials, and education (to name a few) in order to verify that the information provided in the application is true. This check is usually conducted near the final stages of a case review, and it can take several weeks to several months.

Bar Associations: Each province and territory in Canada has its own "bar association" which acts as a regulatory body that protects both the public and the lawyers under its jurisdiction. A lawyer in a province or territory cannot practice law without being a member of their local provincial or territorial bar association. The provincial and territorial bar associations are in charge of monitoring the people who are offering legal services to the public and ensuring that they are qualified to do so.

Barreau du Québec: The "Barreau du Québec" is the association of which all certified lawyers in Quebec are members. A lawyer in Quebec cannot practice law without being a member of the Barreau du Québec, and the Barreau du Québec is in charge of monitoring the people who are offering legal services to the public and ensuring that they are qualified to do so.

Beneficiary: A "beneficiary" is someone who, at the time of application for permanent residency, is emotionally or financially supported by and dependent upon the applicant.

Business experience: For the Federal Investor category, "business experience" cannot be in a business for deriving investment income (i.e. dividends, interest, or capital gains). "Business experience" must be lawful and any income must be derived from a lawful source. "Business experience" must be accrued for two full years out of the five years before a Canadian immigration application is submitted.

Business experience can be shown in one of two ways:

A. Management of five full-time employees or the equivalent of five full-time people; or

B. By showing that the investor meets two of the following four requirements:

-If the investor owns and controls 100% of the equity of the business:

1. Two full-time job equivalents

2. $500,000 CAD in total annual sales, or gross income

3. $50,000 CAD in total annual net income

4. $125,000 CAD in net assets

-If the investor owns less than 100% of the business, the above numbers are decreased in proportion to the investor's equity in the business

 


 

C

CAIPS (Computer Assisted Immigration Processing System): The "CAIPS (Computer Assisted Immigration Processing System)" is an electronic system that keeps a record on every immigration and visa application in process. The system is used by Citizenship and Immigration Canada and it can be used by applicants to check the status of their application. CAIPS notes are taken when an application is submitted to a visa office outside of Canada. CAIPS notes are required to be detailed, and if an application is refused, the reason for the refusal should be explicit in the notes.

Canadian Bar Association (CBA): The "Canadian Bar Association (CBA)" is an association that brings together members of the legal profession and advocates for them. The Canadian Bar Association makes efforts to improve the law and the justice system in Canada, and to ensure equality in the legal profession, among other things. It is not a regulatory body and has no power over their members' legal practices. Only the provincial or territorial bar associations have regulatory power over Canadian lawyers.

Canadian citizen: A "Canadian citizen" is someone who was born in Canada, or who was granted a citizenship certificate by Citizenship and Immigration Canada.

Canadian immigration: "Canadian immigration" is the act of a foreign national immigrating or moving to Canada from a foreign country.

Canadian immigration visa: A "Canadian immigration visa" is a document which a foreign national needs to apply for in order to be able to lawfully immigrate to Canada.

Canadian Experience Class: The "Canadian Experience Class" is a Canadian immigration program intended for foreign students and foreign workers who have already lived in Canada for some time (perhaps with a work permit or a study permit) and thus have gained Canadian experience. The Canadian government believes that these people will be more successful than other applicants at adapting to life in Canada and becoming economically established, since they are most likely proficient in English and/or French and most likely have work experience in Canada. For more information about the Canadian Experience Class, click here. http://www.canadianimmigration.net/work/canadian-experience-class.aspx

Canadian labour market: The "Canadian labour market" is the market in which people search for employment opportunities in skilled, semi-skilled, and unskilled occupations and employers search for people to hire for these occupations. Certain positions are more in-demand than others based on the skills that are required to do those jobs, the salaries that those positions pay, and the availability of those positions in relation to less-specialized ones. There is constant competition between workers for employment and between employers for workers in a labour market.

Canadian visitor visa: A "Canadian visitor visa" is a document issued by Citizenship and Immigration Canada that permits a foreign national to enter Canada temporarily. A Canadian visitor visa is also known as a Temporary Resident Visa.

Cap tracker: "Cap tracker" is a Canadian immigration system that was created in June 2010 to keep track of the Canadian immigration applications that were coming in under the Federal Skilled Worker category. A list was put out of the 29 jobs that were most in-demand for Federal Skilled Worker applicants, and for each job a maximum of 1000 applicants would be considered. In total, a maximum of 20,000 applications would be evaluated for the Federal Skilled Worker category. People who have a valid Arranged Employment Opinion are exempt from the cap tracker system. Today, some occupations have reached their caps and some are not close to reaching it. The cap tracker system may be revised in June 2011. For more information about the cap tracker system, click here. http://canadianimmigration.net/work/cap-tracker.aspx

CEGEP (Collège d'enseignement général et professionnel): In the Quebec school system, there is a step between secondary school and university or college called "CEGEP (Collège d'enseignement général et professionnel)". It is a period of two years where students can receive professional training for certain careers which begin right after CEGEP, or simply continue their studies before entering university or college.

Child: A "child" is a young boy or girl aged 12 or under, or over the age of 12 if the boy or girl is physically or mentally handicapped or still attends elementary school.

Citizenship and Immigration Canada (CIC): "Citizenship and Immigration Canada" is a department of the Canadian government that is responsible for issues involving immigration and citizenship. To visit the Citizenship and Immigration Canada website, click here. http://www.cic.gc.ca/english/index.asp

Collective bargaining: When a country permits "collective bargaining" it means that employees have the right to form unions, and that workers can negotiate with their employers on matters such as wages and work hours in order to regulate working conditions in such a way that ensures a safe and positive work environment for all.

Commission: A "commission" is a payment that is given to an employee based on the amount of work he or she accomplished in a specific period of time (ex. one day). Often commissions are paid on a number-of-sales basis. Sometimes employees are paid a fixed base salary in addition to being paid on commission.

Committing an 'act': If an individual has "committed an 'act'", it means that he or she has committed a criminal act outside of Canada and is considered to be criminally inadmissible to Canada. Committing a criminal act is distinct from being convicted for a criminal act, and applies where there are reasonable grounds to believe that a person has committed a criminal act. In such situations an individual will be denied entry to Canada because of existing evidence of criminal activity that could ultimately result in a conviction if criminal charges were laid in Canada. This provision could be used in situations where an individual has charges pending, is the subject of a warrant, or when a conviction has been registered however no certificate of conviction is available yet. An offence for which an individual has been tried and found not-guilty cannot be the basis of a finding of criminal inadmissibility.

Common-law partners: "Common-law partners" are two people in a conjugal relationship that have lived in the same residence for one continuous year or longer. This relationship of co-habitation must be demonstrable, and it could involve either opposite-sex couples or same-sex couples.

Conjugal partners: "Conjugal partners" are two people who would qualify as common-law partners or spouses but are prevented from doing so due to external factors such as legal restrictions on immigration or marriage. The couple must be able to demonstrate that they have emotional and financial ties and that they have attempted to spend time together and keep in touch often.

Contact information: "Contact information" includes a person's name, mailing address, telephone number, e-mail address, and fax number, if any.

Conviction: A "conviction" is a decision made by a judge or jury that says that a person is guilty of committing a [criminal] act. When someone is convicted of a crime, it goes on his or her criminal record and this may render him or her criminally inadmissible to Canada.

Co-op programs and internships: "Co-op programs and internships" are educational programs that include work placements and work experience as part of the curriculum. Foreign students in a co-op program or internship do not need to possess work permit with a positive Labour Market Opinion as long as they have a valid Canadian study permit, and the work portion of the program does not exceed 50% of the program's duration.

Co-signer: If a Sponsor is unable to demonstrate the financial ability to provide for the essential needs of the Sponsored Person(s) under the Family Sponsorship category, then his or her spouse, common-law partner, or conjugal partner may act as a "co-signer". As a co-signer an individual must meet the same eligibility requirements as the Sponsor, co-sign the undertaking, and agree to assume responsibility for the basic requirements of the Sponsored Person. If the Sponsored Person is the Sponsor's spouse, common-law partner, or conjugal partner, then this same spouse, common-law partner, or conjugal partner cannot be a co-signer.

Country of nationality: A "country of nationality" is a country where a person has citizenship.

Country of residency: In Canada, a "country of residency" is defined as the country in which a person has legal permission to live, and lawful status as a resident, for at least one year.

Cover letter: A "cover letter" is a letter that is normally submitted in addition to a résumé and other job application documents. The cover letter is designed to explain in more detail certain aspects of the job application package, as well as to emphasize the job candidate's interest in the position and his or her most relevant skills and qualifications.

Credentials: In a professional and/or academic context, "credentials" refer to the qualifications that someone has gained through work or educational experience and achievement. Credentials are usually demonstrable in some way, most often with a certificate or a license of some kind.

Criminal equivalency: When evaluating an applicant's case, Citizenship and Immigration Canada will look at whether or not the applicant is criminally inadmissible based on "criminal equivalency". This is determined by reviewing whether or not the applicant has committed criminal acts outside of Canada, and if so, comparing how equivalent acts would have been punished had they been committed in Canada.

Criminal inadmissibility: Individuals wishing to enter Canada either temporarily or permanently may not be permitted to do so if they are found to be "criminally inadmissible" on the grounds of either criminality or serious criminality

Criminal organization: A "criminal organization" is one which is believed to be or have been involved with criminal activity. Such an organization usually commits pre-planned criminal offences which are often indictable offences in Canada.

Criminal record: A "criminal record" is a record of the crimes which an individual has been accused of committing in the past.

Criminal rehabilitation: Individuals with a criminal record may still enter Canada if they areconsidered to be eligible for "criminal rehabilitation" under deemed rehabilitation or individual rehabilitation.

Criminality: A person's "criminality" must be evaluated in order to determine if he or she is criminally inadmissible to Canada. Criminality can be assessed by considering what crime the person committed, the severity of the crime, how it was punished, how long ago the criminal act was committed, and whether or not it was an isolated event, among other things.

 


 

D

Danger to public health: Being considered a "danger to public health" is a category of medical inadmissibility. An individual may not be allowed to enter Canada if they have a medical condition or disease that may pose a health or safety risk to the Canadian public (ex. if the condition or disease is contagious).

Deemed rehabilitation: "Deemed rehabilitation" is a category of criminal rehabilitation. Someone qualifies for deemed rehabilitation if:

(a) They were convicted of a non-serious criminality offence;

(b) They have only been convicted of one offence; and

(c) A sufficient amount of time has passed since they were convicted of a crime:

i. For summary offences, which are generally less serious, five years must have passed since the completion of the sentence for the most recent offence;

ii. For indictable offences, which are generally more serious, ten years must have passed since the completion of the sentence for the most

recent offence.

Dependent: A "dependent" is usually a family member of an immigration applicant. Most often it is the children, or the spouse, common-law partner or conjugal partner of the applicant. Certain requirements must be met by the children for them to be considered dependents.

Dependent child: A "dependent child" is biologically related to his or her parent(s), or has been adopted by his or her parent(s), and the dependent child must meet the following criteria:

(i) He or she must be under the age of 22 and unmarried; or

(ii) He or she is a full-time student of any age or marital status who has been financially dependent on his or her parents since before the age of 22; or

(iii) He or she has been financially dependent on a parent since before the age of 22, and he or she cannot become financially independent because he or she has a physical or a mental condition that prevents them from doing so.

Designated country: If an applicant for temporary residence in Canada has the intention of residing in Canada for more than six consecutive months, and if the applicant has resided in a "designated country" for a period of six months or more in the year before applying for Canadian immigration, then this applicant may need to undergo a medical examination. For the list of designated countries as identified by the Canadian government, click here. http://www.cic.gc.ca/English/information/medical/dcl.asp

Designated medical practitioner: A "designated medical practitioner" is someone who Citizenship and Immigration Canada has deemed certified to perform a medical examination on applicants for a Canadian immigration visa.

Dual intent: In order to study in Canada, a student must obtain a temporary study permit. Once the student is in Canada he or she may reapply for temporary residence in Canada in order to extend their stay, and in addition he or she may simultaneously apply for permanent residency in Canada. Applying for both temporary and permanent residence in Canada is called "dual intent". It enables students to try and attain permanent residency, without any risk of losing their temporary study permit should the permanent residence application not be accepted.

DUI Canada entry: "DUI" stands for Driving Under the Influence. If you have been convicted in your home country of driving a vehicle while under the influence of drugs or alcohol, you may be criminally inadmissible to Canada. However, depending on how long ago you were convicted and how many times you were convicted for a crime, you may be able to qualify for criminal rehabilitation, and/or you may be able to acquire a Temporary Resident Permit. Your chances of overcoming your criminal inadmissibility is heightened by retaining a Canadian immigration lawyer from FWCanada.


 

E

Education: An immigration applicant can be awarded up to twenty-five points for "Education" in the Federal Skilled Worker selection criteria. Points are awarded based on the type of degree obtained and the length of time that the applicant spent studying.

Educational credential: "Educational credential" is demonstrated by any diploma, degree, apprenticeship or trade credential that has been issued at the completion of an educational and/or training program by an authorized institution that is recognized within its country.

Elementary school (Primary school): "Elementary school" or "primary school" is the first stage in education where children and pre-teens receive a mandatory base level education. In Canada, children must attend elementary school, which goes from Kindergarten to grade 8. Each province has unique admissions requirements for school, and foreign workers or foreign students are usually granted study permits for their children to attend elementary school.

Eligible relative: For a relative to be considered an "eligible relative" for sponsorship, the relative must be the Sponsor's:

a) Spouse, common-law partner or conjugal partner; or

b) Dependent child; or

c) Parent or grandparent; or

d) Brother, sister, nephew, niece, or grandchild who is orphaned, unmarried, and under 18 years of age; or

e) Future adopted child under 18 years of age; or

f) One other relative, if the Sponsor has no other relative from the above list, and no relatives who are Canadian citizens or permanent residents.

Emigration: "Emigration" means leaving one country in order to migrate to a different country and settle in it.

Employment and Social Development Canada (ESDC): "Employment and Social Development Canada (ESDC)" is primarily responsible for:

(a) Ensuring that the hiring of foreign workers does not negatively affect Canada's labour market;

(b) Ensuring that foreign workers are treated equally to Canadian workers.

The ESDC receives applications for LMOs and processes them after verifying that:

(a) The foreign worker will receive an appropriate salary;

(b) The foreign worker will work under positive working conditions;

(c) The foreign worker will be treated in the same way that a Canadian employee would be treated;

(d) The employer has ensured that there is no Canadian who would be better qualified or even equally qualified to do the job;

(e) The foreign worker will contribute positively to Canada's labour market and will actually benefit Canadian workers; and

(f) The foreign worker's rights will be protected against employers or fellow employees who do not recognize their rights.

Employment insurance: "Employment insurance" gives unemployed Canadians temporary financial assistance while they search for a new job or acquire new skills.

Entrepreneur: An "entrepreneur" is someone with specific entrepreneurial experience who can qualify for Canadian permanent residence under the Business Class. Entrepreneur in this context is defined as a foreign national who:

(a) has business experience;

(b) has legally obtained a minimum net worth of $300,000; and

(c) provides a statement to an officer in writing that he or she intends and will be able to:

i. Own at least 1/3 of the business;

ii. Participate in the day-to-day management of the company; and

iii. Create at least one full time job for a Canadian.

Entrepreneur selected by a province: An "entrepreneur selected by a province" is an entrepreneur who intends to reside in the province that has offered him or her a selection certificate for that province's entrepreneur Provincial Nominee Program.

Excessive demand: "Excessive demand" is a category of medical inadmissibility. An individual may not be allowed to enter Canada if they have a medical condition or disease that would be extremely demanding on health or social services in Canada. A condition or disease is considered extremely demanding if the individual's health needs cost significantly more than the average Canadian's health needs, or if the individual's health needs would add to existing waiting lists and would lead to increased mortality or morbidity among Canadians.

In the case where the person with the medical condition or disease is a dependent of the Canadian immigration applicant – i.e. the dependent children, or spouse, common-law partner, or conjugal partner of the applicant – then they may be granted entry into Canada.

Expedited Labour Market Opinion Process (E-LMO): The "Expedited Labour Market Opinion Process (E-LMO)", also known as the E-LMO Pilot Project, was developed by Human Resources and Skills Development Canada for select companies who have already been deemed eligible for Labour Market Opinions by Human Resources and Skills Development Canada and/or by Service Canada. When these companies wish to hire foreign workers for positions that are in high demand, the E-LMO process speeds up the processing time for applications to 2-5 business days so that the companies can get foreign workers into Canada more quickly.

Expiry date/Expiration date: The date on which the validity of something such as a temporary resident permit, temporary resident visa, work permit, study permit, license, or identification card is terminated or expires. This date is known in advance, and it is called the "expiry date" or the "expiration date". Any of the aforementioned permits, visas, licenses, cards and other documents of a similar nature should usually be renewed before the expiry date.

Expungements: An "expungement" procedure erases a person's conviction(s) (whether serious or non-serious) so that it is as if the crimes he or she was convicted of never actually occurred. If someone has had his or her offences expunged by a court of law by a process that is evaluated and deemed to be equivalent to the expungement process in Canada, then that person is no longer criminally inadmissible to Canada.


 

F

Family class: "Family class" is the name of an immigration class, also known as the Family Sponsorship category. In this case an applicant is sponsored by a Canadian citizen or a Canadian permanent resident who is 18 years old or older.

Family members: In the context of immigration, an applicant's "family members" include his orher:

(i) spouse or common-law partner;

(ii) dependent child, or the spouse's or common-law partner's dependent child;

(iii) father, mother, or legal guardian;

(iv) brother, sister, uncle, aunt, nephew, or niece;

(v) grandparents or grandchildren

Federal Skilled Worker: The "Federal Skilled Worker" category is used to assess the skills and experience of Canadian immigration applicants who want to gain permanent residency in Canada. There are six selection criteria to determine eligibility under this category.

Financial ability: A Sponsor must be able to show that he or she has the "financial ability" to provide for the essential needs of his or her sponsored persons and dependents. In order to meet the financial ability requirements, a Sponsor must satisfy certain income requirements. However, a Sponsor is exempt from this requirement if the person he or she is sponsoring is his or her spouse, common-law partner or conjugal partner, or his or her dependent child.

Foreign national: A "foreign national" is someone who is not a Canadian citizen or a permanent resident, including a stateless person.

Foreign student: A "foreign student" is an international student who has come to study at an educational institution in Canada, whether on a part-time or full-time basis, with a valid study permit.

Foreign workers: A "foreign worker" is a foreign national who has come to Canada to work for a specified period of time with a work permit.

FOSS (Field Operating Support System): The "FOSS (Field Operating Support System)" is an electronic system that keeps a record on every Canadian immigration and visa application made within Canada at the port of entry. FOSS notes are required to be detailed, and if an application is refused, the reason for the refusal should be explicit in the notes.

Fraudulent: When something is "fraudulent", it is false, dishonest, and/or deceitful. A job offer to Canada could be "fraudulent". The Canadian immigration lawyers at FWCanada will use all their knowledge and resources to protect you from fraud.

Full-time: In the case of a student, "full-time" means at least 15 hours of learning per week during the academic year. In the case of a worker, "full-time" means 1,950 hours of paid work per year.

Full-time equivalent: "Full-time equivalent" means studying or working on a part-time basis if the time spent studying or working is equivalent to studying or working on a full-time basis.

Full-time student: To be a "full-time student" in the dependent child category, a student must be enrolled in a post-secondary institution, and attending this institution must be the primary activity in his or her life. Studying and instruction should take at least 15 hours per week.


 

G

Global Case Management System (GCMS): The "Global Case Management System (GCMS)" has been created to combine the FOSS and CAIPS notes systems together. CAIPS notes are taken for Canadian immigration applicants from outside of Canada, and FOSS notes are taken for Canadian immigration applicants at the port of entry in Canada. The Global Case Management System has not yet become standardized at every international visa office or at every port of entry, so it is still important for an applicant who wishes to review his or her notes to request both the GCMS notes and the CAIPS or FOSS notes.

Government Processing Fees (GPF): A "Government Processing Fee (GPF)" is a fee that every Canadian immigration visa applicant must pay. This includes the principal applicant; the applicant's spouse, common-law partner or conjugal partner; and dependent children. This fee becomes non-refundable once the Canadian immigration visa office begins reviewing an application. This fee is also known as a "cost-recovery fee".

 


 

H

Handicapped person: A "handicapped person" is someone who is physically or mentally impaired to the extent that the impairment causes disability in performing ordinary activities.

Health services: "Health services" are medical services that are primarily government-funded, and which include the services of doctors, nurses, chiropractors, and the supply of hospital care, to name a few.

High school (Secondary school): "High school" or "secondary school" is the second stage in education where pre-teens and teenagers continue their education from elementary school. In all Canadian provinces except Quebec, high school goes from grade 9 to 12, and in Canada, teenagers must attend high school at least until the age of 16. High school graduates have more job opportunities available to them than people who do not finish their high school education. High school graduates also have the opportunity of applying to a post-secondary institution, such as college or university. Each province has unique admissions requirements for high school, and foreign workers or foreign students are usually granted study permits for their children to attend high school.

Hybrid offence: A "hybrid offence" is a type of offence which the Crown decides whether to prosecute as a summary offence or an indictable offence. In the context of immigration, if the applicant committed a crime that was equivalent to a hybrid offence in Canada, then Citizenship and Immigration Canada would treat it as an indictable offence, even if the punishment given for the crime in the country where the crime was committed was equivalent to a summary offence punishment.

 


 

I

IELTS (International English Language Testing System): The "International English Language Testing System (IELTS)" is an English language standard recognized by Citizenship and Immigration Canada as an accurate measure of an applicant's language proficiency in the English language. The IELTS includes four independent tests – listening, reading, writing, and conversation.

Immigration: "Immigration" means entering a country with the intention of settling down in it.

Immigration and Refugee Board (IRB): The "Immigration and Refugee Board (IRB)" is the largest independent administrative tribunal in Canada, in charge of making lawful decisions on issues involving immigration and refugees. The Board consists of the Immigration Division, Immigration Appeal Division, Refugee Protection Division and the Refugee Appeal Division.

Immigration and Refugee Protection Act (IRPA): The "Immigration and Refugee Protection Act (IRPA)" is a piece of Federal Canadian legislation which has regulated immigration to Canada since June 28, 2002.

Immigration class (or Immigration program): In Canadian immigration, there are a variety of "immigration classes (or programs)" that have distinct rules and steps for the immigration process. Different rules and steps apply to different categories of immigrants. For a full list of the immigrant categories, click here. http://www.cic.gc.ca/english/immigrate/index.asp

Immigration consultants: "Immigration consultants" are accredited by the Canadian Society of Immigration Consultants, and aside from immigration lawyers, they are the only other type of authorized representative that can represent Canadian immigration applicants throughout their application process.

Immigration medical examination: An applicant for permanent residency and his or her dependents must undergo "immigration medical examinations" by a designated medical practitioner in order to satisfy the medical requirements for his or her application. See medical examination for more information.

Indictable offence: An "indictable offence" is a serious criminal offence, comparable to a felony in the United States.

Individual rehabilitation: An individual who is criminally inadmissible to Canada and who does not qualify for deemed rehabilitation may still enter Canada if they qualify for "individual rehabilitation", which is determined by assessing the individual in accordance with the rehabilitation factors

Interview: An "interview" is a meeting between the immigration applicant and the immigration officer that could be face-to-face or over the phone, through which the officer reviewing the applicant's case may hope to gain further information about the applicant, and to ask him or her any questions that the officer may have.

Interview waiver: In some cases an applicant will be given an "interview waiver". This means that the applicant will not be asked for an interview with his or her immigration officer because his or her application is very clear, well-documented, and all necessary information and supporting documents are included so there are no additional questions that need to be asked.

Intra-Company Transfer Work Permit: An "intra-company transfer work permit" is intended for foreign workers who are seeking to be transferred from a foreign branch of a company to the Canadian branch, affiliate, parent or subsidiary of that company. This is beneficial to Canada since the foreign workers are often in specialized and/or managerial positions, and can thus transfer valuable knowledge to Canadian employees.

Investment: An "investment" is the financial obligation undertaken by an applicant under the Investor category in the amount of $800,000 CAD. See investor for more information.

Investor: "Investors" are Canadian immigration applicants who have business experience, net worth requirements and are willing to make a significant investment to the Canadian government. Investors entitled to a Canadian permanent resident visa for themselves and their dependents. An investor applicant's net assets (subtracting liabilities) must exceed a minimum of $800,000 CAD. Also, an applicant's net worth must have been demonstrably obtained in a lawful manner.

Investor selected by a province: "Investors selected by a province" are Canadian immigration applicants who have business experience, net worth requirements and are willing to make a significant investment to a certain provincial government, and have thus been given a selection certificate by that provincial government to enter Canada and settle in said province.

 


 

J

Job offer: A "job offer" is the act of an employer formally offering a job candidate a position of employment with said employer's company or organization. A job offer may be presented in a letter which includes information about the position such as salary, working hours, the employer's expectations of the employee, and other such details.

 


 

L

Labour dispute: A "labour dispute" is a disagreement between employers and a union or a group of employees which they have authority over. Such disagreements may lead to strikes and they may become violent at times. An employer who is in the midst of a labour dispute is not eligible to hire a foreign worker at that time.

Labour Market Opinion (LMO): In order to receive a work permit in Canada, an applicant requires a positive "Labour Market Opinion (LMO)". Employment and Social Development Canada (ESDC) may grant an LMO to an applicant after determining whether or not the offer of employment which the applicant holds would have a positive or a negative effect on the Canadian labour market. LMOs are more likely to be granted in less populated areas, or for more specialized positions in populated areas. For more information about obtaining an LMO, click here.  For more information about work permits that are exempt from the LMO requirement from the Human Resources and Skills Development Canada, click here.

Labour shortage: A "labour shortage" occurs when there is not enough qualified and/or certified workers available to be hired for an in-demand occupation. If there is a labour shortage in Canada, employers may need to hire foreign workers who are qualified and/or certified and available to do the job that no qualified and/or certified Canadian is available to do.

Landing: "Landing" means the process which a new immigrant undergoes upon arrival in Canada. He or she will have to answer some routine questions at the immigration desk at the point of entry in the country, and then he or she will have to fill out some forms.

Language proficiency: An applicant for Canadian immigration must be able to demonstrate "language proficiency" in either English or French. In other words, the applicant must be sufficiently fluent in one or both of the two languages for Canadian immigration. An applicant's communication skills are tested through a citizenship knowledge test and through interactions and interviews with Citizenship and Immigration Canada representatives.

Language Skills: An immigration applicant can be awarded up to twenty-four points for "Language Skills" in the Federal Skilled Worker selection criteria. Points are awarded based on language proficiency with reading, writing, speaking and listening in either English or French.

Language training schools: "Language training schools" are educational institutions where foreign students can learn to speak English and/or French.

Lawful status/Legal status: A person with "lawful status" or "legal status" is someone who has been permitted by law to enter or reside in a country for a given period of time – whether temporarily or permanently. Lawful status might be granted to a foreign national, foreign worker, or a foreign student by a permit or a visa.

Legal guardian: In the case of an applicant who is under 18 years old, his or her "legal guardian" has custody over him or her, or has the authority to act on his or her behalf because of a written agreement, a court order, or by operation of law.

Legal opinion letter: A "legal opinion letter" should be used by any foreign national that is seeking access into Canada but has a past arrest or a conviction on their criminal record that may deem them to be criminally inadmissible. By explaining the situation surrounding the arrest or conviction in a legal opinion letter, a person could improve his or her chances of being accepted. If you would like an FWCanada representative to assess your potential inadmissibility, click here. http://www.canadianimmigration.net/work/criminality-and-admissibility.aspx

Letter of acceptance: A "letter of acceptance" is a letter from an educational institution that explicitly states that a student has been accepted to that educational institution. In the case of a foreign student who has been accepted to a Canadian educational institution and needs a study permit to attend, a letter of acceptance must be submitted with the foreign student's study permit application.

License: In a professional and/or academic context, a "license" grants a person permission do a job or operate a business which would be illegal for that person to do or operate without a license. For instance, if a person wishes to work as a crane operator, he or she needs to have a valid license that permits him or her to operate a crane. People with licenses that qualify them to do specialized work in certain occupations are sometimes in high-demand, depending on the rarity of the license and the extent of labour shortage within the field in question.

Live-in caregiver: A "live-in caregiver" is a person who provides care to children, seniors, or disabled people while living in the home of the person being cared for in Canada.

Lock-in age: The "lock-in age" is the age of dependents at the time when the Canadian immigration application was submitted. A child can be a dependent until the age of 22. If the applicant's child was 22 years old or younger at the time of application, then that is the child's lock-in age. The child is given all the benefits that a dependent would be given, even if the child is older than 22 years old by the time the application is processed.

Lock-in date: The "lock-in date" is the date on which the Canadian immigration application is accepted for assessment by the applicant's local visa office. On the lock-in date, the applicant's work experience, age, and the validity of their supporting documents are evaluated.

 

 


 

M

Managerial position: A "managerial position" is an occupational position at the management level. Someone with a managerial position most likely has authority over a group of subordinate employees, and most likely has a higher level of skills and expertise than his or her subordinates. Also, someone with a managerial position most likely has attained a high level of education. Often there are fewer managerial positions than non-managerial positions available in a labour market, and since the skills necessary for most managerial positions are probably specialized and in-demand, Canadian employers who cannot find qualified and/or certified Canadians to fill managerial positions may seek to hire foreign workers who can.

Marriage: A "marriage" is a union between two people that is valid both where the marriage took place, and under Canadian law.

Medical examination: An applicant for permanent residency and his or her dependents must undergo a "medical examination" by a designated medical practitioner in order to satisfy the medical requirements for his or her Canadian immigration application. The goal of the medical examination is to determine if the applicant has any special and/or expensive health services requirements, or if the applicant will pose a danger to public health in Canada. The results of the medical examination may lead to the applicant being denied entry into Canada.

Medical forms: The "medical forms" are those which are sent by the visa office when formally requesting that the applicant undergo a medical examination. The forms are filled out by the designated medical practitioner performing the examinations, and sent back to the processing centre once filled out.

Medical inadmissibility: Any type of Canadian immigration applicant may be denied entry into Canada if he or she is deemed "medically inadmissible". He or she would be so deemed if it was determined that the applicant would be very demanding on health or social services in Canada, or if the applicant is seen as a danger to public health or safety.

Medical validity: In the context of medical examinations, "medical validity" means that the medical examinations are only valid for a period of 12 months. If the processing time for a Canadian immigration application takes longer than that, the applicant is required to undergo another medical examination.

MICC (Ministère de l'Immigration et des Communautés culturelles): The "MICC (Ministère de l'Immigration et des Communautés culturelles)" is the Ministry of Immigration in Quebec, and it is in charge of overseeing any issues with immigration pertaining to the province of Quebec.

MICC evaluator: The "MICC evaluator" determines an applicant's level of language proficiency in the French language in an interview.

Minimum investment: An investor applicant must be willing to make a "minimum investment" of either a five-year, interest-free, guaranteed deposit of $800,000 CAD with the Canadian government, or the applicant may finance their investment through a Canadian financial institution. For more information about financing, click here. http://www.canadianimmigration.net/work/immigrating-to-canada.aspx

Minimum necessary income: When sponsoring a parent or grandparent the Sponsor must demonstrate that he or she has a total income equal to the "minimum necessary income" for the relevant family size. This minimum necessary income is waived in situations where the Sponsor is bringing in a spouse, common-law partner, conjugal partner, or dependent child. The minimum necessary income means the minimum amount of before-tax annual income necessary to support the Sponsor, sponsored individual, and other family members. (Effective until Dec. 31, 2011) Size of Family Unit

Minimum necessary income

1 person (the sponsor) $22,229

2 persons $27,674

3 persons $34,022

4 persons $41,307

5 persons $46,850

6 persons $52,838

7 persons $58,827

More than 7 persons, for each additional person, add $5,989

When calculating income, one must deduct the following from the family's total income:

• All debts

• Payments from provincial or municipal sources for welfare assistance

• Workmen's compensation board payments, except for permanent disabilities

• Payments from federal, provincial or municipal sources for employment training, or for any social or welfare benefits which are not of a fixed and continuing nature

Minimum net worth for an entrepreneur: "Minimum net worth for an entrepreneur" means that an applicant submitting their application under the Entrepreneur Class must have a minimum net worth of at least $300,000 CDN in order to qualify. Net worth is determined by demonstrating the fair market value of the entrepreneur's assets (and those of their spouse or common-law partner) taking away the total of their liabilities, which also must have their fair market value demonstrated. For an entrepreneur selected by a province, the minimum net worth required by the laws of the province are specified in each province's Provincial Nominee Program. http://www.canadianimmigration.net/work/provincial-nomination-programs.aspx

Minimum net worth for an investor: "Minimum net worth for an investor" means that in order to qualify under the Investor Class, an applicant must have a minimum net worth of at least $1,600,000 CDN. Net worth is determined by demonstrating the fair market value of the investor's assets (and those of their spouse or common-law partner) taking away the total of their liabilities, which also must have their fair market value demonstrated.

Minimum work experience requirements: In order to apply as a Federal Skilled Worker for Canadian immigration, an applicant must have the "minimum work experience requirements" which are at least one year of full-time paid work experience in the last ten years in the Skill Type 0 or Skill Level A or B of the National Occupational Classification Code.

 


 

N

NAFTA (North American Free Trade Agreement): The "NAFTA (North American Free Trade Agreement)" was signed between Canada, the United States, and Mexico in order to decrease trade barriers and facilitate the transfer of goods, services, and people across North America. There are several NAFTA-specific categories for work permits. These include:

(a) NAFTA Investor Work Permit;

(b) Intra-Company Transfer Work Permit; and

(c) NAFTA Professional Work Permit (also known as TN Visa)

For more information about these types of work permits, click here. http://www.canadianimmigration.net/work/lmo-exempt-work-permits.aspx

National Occupational Classification Code (NOC Code): The "National Occupational Classification Code (NOC Code)" is the official classification system of occupations published by the Canadian government to describe the skills, duties, and work settings for occupations in Canada. Skilled occupations in Skill Type 0 or Skill Level A or B are the only ones that will be considered for Canadian immigration purposes.

Net assets: The value of a Canadian immigration applicant's "net assets" is determined by calculating the worth of the applicant's valuable possessions (assets), and subtracting the applicant's debts (liabilities).

Net income: A person's "net income" is his or her total income amount, taking away exemptions, deductions and other tax reductions.

Net worth: A Canadian immigration applicant's "net worth" is the value of his or her wealth. This is determined by calculating the fair market value of the applicant's assets and subtracting the fair market value of his or her liabilities.

Newcomer: A "newcomer" is a new immigrant to Canada that has completed the landing process and is now settling in the country. This term is usually used for a new immigrant for approximately 3 years after their arrival.

Non-accompanying dependent: A "non-accompanying dependent" is a dependent family member of the principal applicant, such as their child, or spouse, common-law partner or conjugal partner, who does not intend to immigrate to Canada with the applicant.

Non-accompanying family members: "Non-accompanying family members" of the principal applicant must still meet the Canadian immigration requirements for applying for immigration into Canada, even if they do not intend to accompany the principal applicant into Canada. Family members must pass a medical examination, they must not be deemed criminally inadmissible to Canada, and the principal applicant must have the financial ability to provide for both accompanying and non-accompanying dependents. These requirements are in place as a precaution in the event that the principal applicant wishes to sponsor his or her family members in the future.

Non-convictions: "Non-conviction" means that a person has been arrested or charged for committing a crime, but not convicted of this crime. It is possible that, for instance, a person was arrested for something and subsequently released, or charged with a crime and judged to be innocent. These are examples of non-convictions, because this person was not formally convicted of a crime, yet he or she has a criminal record. These non-convictions most likely do not render a person criminally inadmissible to Canada, but it would be best to verify that with a qualified FWCanada representative by contacting us. http://www.canadianimmigration.net/work/criminality-and-admissibility.aspx

Non-serious criminality: "Non-serious criminality" is a potential reason for criminal inadmissibility to Canada, depending on the number of non-serious crimes that a person has been convicted of, the amount of time that has passed since the most recent sentence was completed, and the severity of the non-serious crimes in question. If less than ten years have passed since a person's most recent sentence was completed then he or she must apply for criminal rehabilitation. If ten years or more have passed since a person's most recent sentence was completed and said person has only one conviction on his or her criminal record, then said person will most likely be deemed rehabilitated and will not be criminally inadmissible. If a person has more than one conviction on his or her record, he or she will never be deemed rehabilitated so he or she will have to apply for criminal rehabilitation. Processing for non-serious crimes are usually faster and less expensive than it is for serious crimes.

 


 

O

Occupational experience: A skilled worker is deemed to have sufficient "occupational experience" if he or she has performed, as described by the National Occupational Classification Code, all the actions, essential duties and main duties of that job's occupational description.

Off-campus: The term "off-campus" refers to something (like a job) that is neither located on the site of an educational institution, nor affiliated with the educational institution. Usually a foreign student cannot work off-campus without a work permit, and must apply for one before beginning their work. However, if a school partakes in an off-campus work permit program offered by Citizenship and Immigration Canada, then full-time students do not need a work permit to work off-campus. For more information about off-campus work permits, click here. http://www.canadianimmigration.net/work/lmo-exempt-work-permits.aspx

On-campus: The term "on-campus" refers to something (like a job) that is located on the site of an educational institution, or that is affiliated with the educational institution. A foreign student who is studying full-time and holds a valid Canadian study permit can get a job on-campus without a work permit. For more information about on-campus work permits, click here. http://www.canadianimmigration.net/work/other-exemptions.aspx

 


 

P

Pardon: If a person who has been convicted of a crime that was committed in Canada receives a "pardon" it means that he or she has been forgiven of his or her crimes, exempted from punishment, and that the crimes in question have been removed from his or her criminal record. Receiving a pardon is the only way for a person who was convicted of a crime in Canada to no longer be criminally inadmissible to Canada. If a person was convicted of a crime that was committed outside of Canada, then the pardoning process does not apply, and he or she must apply for criminal rehabilitation. For more information about pardons, click here. http://www.canadianimmigration.net/work/pardons.aspx

Parole Board of Canada (PBC): The "Parole Board of Canada (PBC)" is in charge of processing and either accepting or rejecting applications for pardons.

Pass mark: The "pass mark" is the minimum amount of points that an applicant must have in order to receive a positive decision in regards to entry into Canada. The current pass mark for a Federal Skilled Worker is 67 points.

Percentage of equity: "Percentage of equity" is defined slightly differently in different contexts. In the context of a sole proprietorship, percentage of equity is defined as 100 percent of the equity of the sole proprietorship controlled by the principal applicant (or their spouse of common-law partner). In the context of a corporation the percentage of equity is defined as the percentage of the issued, and outstanding, voting shares of the capital stock of the corporation controlled by the principal applicant (or their spouse of common-law partner). Finally, in the context of partnerships or joint ventures, the percentage of equity is defined as the percentage of the profit or loss of the partnership or joint venture to which the principal applicant (or their spouse of common-law partner) is entitled.

Permanent residency: "Permanent residency" is a legal status that enables someone to live in Canada for an indefinite period. Permanent residency does not give someone Canadian citizenship and thus the permanent resident does not have the right to join the military or vote in a federal election, but the permanent resident benefits from all the other rights of a Canadian citizen.

Permanent resident: "Permanent resident" refers to a person who has obtained permanent residency in Canada.

Permanent resident card: A "permanent resident card" is an identification card that serves as proof of a permanent resident's lawful status in Canada. This card is valid for five years before it expires at which time it must be renewed.

Permanent resident visa: A "permanent resident visa" is a visa issued by a Citizenship and Immigration Canada visa office which permits a Canadian immigration applicant to enter Canada indefinitely.

Physical residency: In order to sponsor a foreign national for Canadian immigration, the Sponsor must have "physical residency" in Canada. If the Sponsor is not physically in Canada, he or she must demonstrate that he or she will be physically residing in Canada at the time that the sponsored foreign national arrives in Canada.

Police certificate: A "police certificate" is also known as a "police clearance certificate". Immigration applicants must provide a police certificate from their home-country in their Canadian immigration application so that Citizenship and Immigration Canada can evaluate the applicant's criminal record.

Polygamous marriage: A "polygamous marriage" is one in which one or both of the spouses has another simultaneous spouse from whom he or she has not divorced. For Canadian immigration, only the first marriage for each spouse will be recognized.

Port of entry (POE): The "port of entry (POE)" is the place or city where the new immigrant first arrives in Canada and goes through the landing procedure. Usually the port of entry is in an international airport, and it may or may not be in the city where the immigrant is planning on settling down.

Post-secondary institution: A "post-secondary institution" (also known as a college or university) is an educational institution that follows secondary school (also known as "high school"). The school must be formally recognized by the state's educational authority as a post-secondary institution. If it is not recognized, then a Canadian Immigration visa officer must verify that:

(a) The institution has a set curriculum and buildings that are devoted to education and training;

(b) The institution provides formal education to prepare students for the workforce or advanced studies; and

(c) A degree or diploma is issued from the educational institution at the completion all the required credits.

Principal applicant: A "principal applicant" is a family member who meets all the immigration requirements to be granted permanent residency in Canada. His or her dependent family members can automatically enter Canada as permanent residents when the principal applicant has been accepted, as long as the dependents are healthy and are not deemed criminally inadmissible.

Proceeding: For the immigration application process, a "proceeding" includes an admissibility hearing, an application, a conference, and a possible interview.

Processing priorities: Sponsorship applications will be processed based on "processing priorities". Some applications are processed faster than others if they are for dependent children, children to be adopted, or the Sponsor's spouse, common-law partner, or conjugal partner.

Processing time: "Processing time" means the amount of time that it takes to process an application for a permit or a visa. The times vary depending on who the applicant is, and which visa office the application is being submitted to.

Program integrity: "Program integrity" is one of the reasons why an applicant's file may be transferred from one visa office to another. If the person assessing the file is of the opinion that another visa office would be better qualified to assess the file, then the person can claim that because of program integrity, the file must be transferred to another visa office.

Province: A "province" in Canada is an area within the country that is governed under the Federal government, but has its own additional provincial government, official boundaries, and certain unique provincial laws. In the context of immigration, each province has a distinct Provincial Nomination Program (PNP) and different needs and expectations of immigration applicants to their province. In Canada there are ten provinces (Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Prince Edward Island, Quebec, and Saskatchewan) as well as three territories (Northwest Territories, Nunavut, and Yukon).

Provincial Nomination Program (PNP): Canadian immigration applications can be made via "Provincial Nomination Programs (PNP)," which enable provinces to choose applicants who they feel will contribute to the economy of their province. The selection criteria is similar to that of the Federal Skilled Workers, but may have some province-specific aspects that differ from the federal criteria.

Provincial nomination certificate: A "provincial nomination certificate" is a document granted by a provincial government to an immigration applicant for that province. This certificate cannot be used as a Canadian Immigration Visa or a Permanent Resident Visa to enter Canada outside of the specified province.

 


 

Q

Quebec Certificate of Selection (CSQ): A "Quebec Certificate of Selection (CSQ)" is a document granted by Quebec Immigration authorities that enables an applicant to reside in the province of Quebec. This is an example of a provincial nomination certificate and cannot be used as a Canadian Immigration Visa or a Permanent Resident Visa to enter the rest of Canada.

Quebec Skilled Worker: Applicants immigrating to Quebec as "Quebec Skilled Workers" should not apply through the federal application system but rather should apply directly to the government of Quebec. The means of assessing applicants for entry into Quebec are slightly different than how applicants are assessed in the rest of Canada.

 


 

R

Record of landing: A "record of landing" is a document that records personal data about the newcomer to Canada relevant to the time he or she entered Canada for permanent residence.

Recruitment: In the context of the Canadian labour market, "recruitment" is the act of

attracting, interviewing, and hiring qualified applicants as employees. If and when recruitment does not attract any Canadians who are qualified and/or certified for the occupation in question, employers might turn their recruitment efforts to foreign workers.

Reference letter: A "reference letter" is a letter from an applicant's employer that is included as a supporting document in the application package to verify an applicant's previous work experience.

Rehabilitation factors: "Rehabilitation factors" determine whether or not someone qualifies for individual rehabilitation from criminal activity. These factors include community ties, a stable life, social and professional skills, and that the criminal offence was unrepeated.

Relationship of convenience: A "relationship of convenience" is any marriage or common-law or conjugal relationship which Citizenship and Immigration Canada determines was only commenced for the purposes of gaining admission into Canada through sponsorship by the partner who is a Canadian citizen or permanent resident. For any sponsorship application sincerity of the relationship in question must be demonstrated to Citizenship and Immigration Canada, or else entry to Canada may be denied.

Relative: A "relative" is a person who is related to someone by blood or adoption.

Relevant experience: In order to qualify as a Self-Employed applicant under the Business Class stream, the Self-Employed applicant must have the "relevant experience", which in this context is defined as:

• Two 1-year periods of work experience in self-employment in cultural or athletic activities within the 5 years preceding an application;

• Two 1-year periods of work experience in participation at a world class level in cultural or athletic activities within the 5 years preceding an application; or

• Two 1-year periods of work experience in the purchase and active full-time management of a farm.

Residency requirement: A person who is applying for Canadian citizenship must fulfill certain requirements including the "residency requirement". This requirement states that the applicant must be able to prove that he or she has lived in Canada for a period of three years out of the four years before submitting his or her application. In other words, the applicant had to have submitted his or her application directly after either having lived three consecutive years in Canada, or after having lived for three non-consecutive years within a four year time period.

Restricted occupation: Under the Federal Skilled Worker stream work experience in specific occupations is what provides eligibility and points for an applicant. In this context "restricted occupations" are occupations that are not designated as Skill Level 0, A, or B under the Human Resources and Skills Development Canada's National Occupational Classification Code system. Restricted occupations cannot be used to satisfy the minimum requirements for Federal Skilled Worker applications, nor can points be awarded for work experience in a restricted occupation.

Résumé: A "résumé", which is also known as curriculum vitae (C.V.), is a summary of a person's professional and academic experiences and achievements. A person may choose to include information and/or brief descriptions about their educational qualifications, paid work experience, and/or unpaid work experience (i.e. volunteer work and training). For more information about how to write a résumé, click here.

Right of Permanent Residency Fee (RPRF): A "Right of Permanent Residency Fee (RPRF)" is a fee paid by an applicant at any time before his or her Canadian immigration visa is granted. The principal applicant and his or her spouse, common-law partner or conjugal partner must pay this fee.

Royal Canadian Mounted Police (RCMP): The "Royal Canadian Mounted Police (RCMP)" is the national police service of Canada, serving at the national, federal, provincial, and municipal level.

 


 

S

Salary: A "salary" is a set payment that is given to an employee regularly in exchange for their work and services. Often salaries are paid on an hourly basis.

School boards: The "school board" is an organization that brings together public schools from elementary school to high school, as well as professional training centres and adult education centres. The school board makes decisions that pertain to these educational institutions.

Security interview: A "security interview" is an interview which is primarily conducted to gain more background information about applicants who have restricted information on their application, or who have served in certain armed units or specific areas that may be subject to question.

Selection criteria: "Selection criteria" means rules which an applicant must abide by in order to be deemed eligible for Canadian immigration. The closer an applicant is to fulfilling the ideal criteria in question, the more points he or she is awarded. There are six categories of selection criteria, each of which have a maximum number of points that can be awarded. An applicant must have a minimum total of 67 points across all six categories, and an applicant can have a maximum of 100 points in total. The six categories are: Education, Language Skills, Age, Arranged Employment, Work Experience, and Adaptability.

Selection criteria for immigrants to Quebec: "Selection criteria for immigrants to Quebec" is slightly different than the selection criteria for the rest of Canada. An applicant's knowledge of the French language is very important for the Quebec government. The reason is that the Quebec government wants to ensure the continuity and strength of the French language and culture in Quebec. There is a free online questionnaire called Preliminary Evaluation for immigration that helps applicants assess their knowledge of French. To access the questionnaire, click here. http://www.form.services.micc.gouv.qc.ca/epi/index.jsp?languageCode=en

Self-employed person: A "self-employed person" is a foreign national who has experience being self-employed, and intends to continue to be self-employed upon arrival in Canada. Through his or her self-employment, the applicant intends to contribute to the Canadian economy. Self-employed people include professional athletes, people who work in creative arts, or farmers, to name a few.

Self-employed person selected by a province: A "self-employed person selected by a province" is a foreign national who is self-employed, and who intends to settle in a specific province which has granted this applicant a provincial nomination certificate for immigration into that province because this person will contribute to the province's economy through his or her self-employed occupation. Self-employed people include professional athletes, people who work in creative arts, or farmers, to name a few.

Semi-skilled occupation: A "semi-skilled occupation" is one which requires workers to have some training and skills and possibly a high school level of education. Semi-skilled occupations are not usually as in-demand as skilled occupations are, as more people with less qualifications can do semi-skilled work. Semi-skilled occupations pertain to Skill Level C of the National Occupational Classification Code.

Serious criminality: A person is criminally inadmissible under "serious criminality" if he or she has been convicted of an offence that, had it been committed in Canada, would be considered an indictable offence or a hybrid offence that would be punishable by a sentence of ten years in prison or more. A person who was convicted of a serious criminal offence can never enter Canada on the grounds of deemed rehabilitation. Further, the process for applying for criminal rehabilitation in order to enter Canada when someone was convicted of a serious crime is more expensive and time-consuming than it would be for a non-serious crime.

Service Canada: "Service Canada" evaluates the impact that hiring a foreign worker would have on the Canadian labour market. Labour Market Opinions (LMOs) can be submitted to Service Canada for assessment.

Settlement funds: A "settlement fund" is a certain amount of money that an applicant must demonstrate that he or she will have upon arrival in Canada. This money must be sufficient to support the principal applicant and all his or her dependents – whether or not the dependents are accompanying the applicant to Canada – for at least six months without employment. If the applicant has arranged employment in Canada, then he or she does not need settlement funds.

Skilled occupation: A "skilled occupation" is one which requires workers to have specialized training and skills, oftentimes ones that not many people have. People who work in skilled occupations usually have a post-secondary (college or university) level of education and specific job training and/or work experience. Skilled occupations are commonly positions that are in-demand due to a low number of people in the Canadian labour market who are qualified to fill these positions, and thus skilled workers may receive higher salaries than workers in semi-skilled occupations or unskilled occupations. Skilled occupations pertain to Skill Level 0, A and B of the National Occupational Classification Code.

Skilled Worker Class: The "Skilled Worker Class" is an avenue for obtaining Canadian permanent residency for applicants who fulfill the selection criteria of this class. See Federal Skilled Worker.

Skills in French: To evaluate an applicant's language "skills in French", there is a twelve-level scale that is used to measure the skills of written expression, reading comprehension, and oral communication. The first four levels are Beginner, levels five to eight are Intermediate, and levels nine to twelve are Advanced.

Social assistance: "Social assistance" is a program under which a province can provide a person with benefits in the forms of goods, services, or money. Such a program may include the provision of basic requirements like food, shelter, clothing, utilities, household supplies, fuel, health care (that is not included in public health care, like dental or eye care), and personal requirements.

Social Insurance Number (SIN): A "Social Insurance Number (SIN)" is a unique number assigned to every Canadian permanent resident and some categories of temporary residents. The number is used in several government programs, tax reporting, social assistance, etc.

Social services: "Social services" may include home care, special education services, residential services, social and professional rehabilitation services, and personal support services. These services are meant to help a person function physically, emotionally, socially, psychologically, or vocationally. Funding for these services is primarily provided by governments.

Sponsor: A "Sponsor" is a Canadian citizen or permanent resident who nominates an eligible relative or dependent to become a Canadian permanent resident.

Sponsored person: A "sponsored person" is a foreign national who applies for Canadian permanent residency and is an eligible relative of their Canadian Sponsor.

Sponsorship agreement: In a "sponsorship agreement", the Canadian Sponsor must consent to a sponsorship agreement with:

(a) The Canadian government; and

(b) The Sponsored person.

In the agreement, the Sponsor must state that he or she will provide the Sponsored person with essential needs and support for a specified amount of time, and the Sponsored person must agree to make an effort to become self-sufficient upon arrival in Canada.

Sponsorship requirement: A Sponsor has several "sponsorship requirements". A Sponsor must:

(a) Be a Canadian citizen or permanent resident;

(b) Be at least 18 years old;

(c) Not be in prison or charged with a serious criminal offence;

(d) Enter into a sponsorship agreement with the Canadian government and the Sponsored person;

(e) Prove financial ability to support the Sponsored person and their dependents; and

(f) Have physical residency in Canada

Spouse: A "spouse" is a person who is married to someone else in a marriage that is legally valid in Canada and – if the marriage took place outside of Canada – in the country where it took place.

Stipend: A "stipend" is a predetermined payment that is given to an employee regularly in exchange for their work and services. Often stipends are paid as a lump-sum, rather than accumulated on an hourly or number-of-sales basis.

Student: A "student" is a person who is studying in Canada, and – if he or she is not a Canadian citizen or permanent resident – holds a study permit to study in Canada.

Study permit: A "study permit" is a document issued by Citizenship and Immigration Canada that authorizes an foreign student to study in Canada under a number of educational programs.

Substantially financially supported: For a child to qualify as a dependent, the child must demonstrate that he or she is "substantially financially supported" by the principal applicant, or Canadian citizen or permanent resident in question. Small earnings do not disqualify a child from being considered substantially financially supported.

Substituted evaluation: The Federal Skilled Worker program is a points-based program to

assess individuals who are likely to become economically established in Canada. Sometimes the points are not reflective of the applicants' likelihood of becoming economically established in Canada, so the visa office can use a "substituted evaluation". In this case, the visa office may substitute its own evaluation criteria for the points system. It is a valid option for a visa officer assessing an applicant's file to substitute their own evaluation criteria of the candidates' suitability for the pass mark under the points system for people who do not obtain the minimum of 67 points under the regular selection criteria.

Summary offence: A "summary offence" is a minor criminal offence in Canada, similar to a misdemeanour in the United States. If someone has been convicted of more than one offence that is equivalent to a summary offence, then in order to enter Canada that person must apply for criminal rehabilitation. If someone has been convicted of one summary offence and one indictable offence, depending on whether or not the offences are of a serious or non-serious nature, he or she might need to apply for criminal rehabilitation. 

 


 

T

Temporary foreign worker: A "temporary foreign worker" is a foreign national who has permission to enter and work in Canada temporarily.

Temporary resident: A foreign national who possesses either a valid temporary resident visa or a temporary resident permit or both, and intends to remain in Canada for a limited period of time only.

Temporary resident permit (TRP) : An otherwise criminally inadmissible person can be granted a "Temporary Resident Permit (TRP)" which would give him or her permission to enter Canada temporarily. A Temporary Resident Permit is different from a Temporary Resident Visa. A Temporary Resident Permit will only be granted if the person's need to be in Canada outweighs the danger he or she potentially poses to the Canadian public. If an applicant is from a country where a visitor visa is required for entry into Canada and the applicant also requires a Temporary Resident Permit, the applicant must apply for both a Temporary Resident Permit and a Temporary Resident Visa in advance and at the same time. For more information about Temporary Resident Permits, click here. http://www.canadianimmigration.net/work/temporary-resident-permits.aspx

Temporary resident visa (TRV): Often referred to as a Canadian visitor visa, a "Temporary Resident Visa (TRV)" is a legal document that Canadian visa offices issue to visitors, students, or temporary foreign workers from certain countries whose citizens require a visitor visa to enter Canada. The Temporary Resident Visa is placed in an applicant's passport upon reception. If an applicant is from a country where a visitor visa is required for entry into Canada and the applicant also requires a Temporary Resident Permit, the applicant must apply for both a Temporary Resident Permit and a Temporary Resident Visa in advance and at the same time. For more information about Temporary Resident Visas, click here. http://www.cic.gc.ca/english/visit/visas.asp

Travel document: In order to enter Canada, every Canadian permanent resident requires a permanent resident card, and in the absence of that card he or she needs a "travel document". A travel document serves as temporary proof that the individual is a Canadian permanent resident which the individual must use until he or she receives his or her permanent resident card.

U

Undertaking: An "undertaking" is a contractual agreement made by a Sponsor with the Canadian government, whereby the Sponsor undertakes to refund the Canadian government should the relative they are sponsoring ever go on social assistance in the future. This applies even if the Sponsor and the Sponsored person where a married couple who have divorced since agreeing to the undertaking.

Unskilled occupation: An "unskilled occupation" is one which does not require workers to have any prior skills. Employees receive on-the-job training, and this provides them with sufficient knowledge of the skills necessary to do the job at hand. Unskilled occupations are not typically in-demand since essentially any person of legal working age can do the job at hand. Thus salaries paid to unskilled workers are low relative to semi-skilled and skilled workers. Unskilled occupations pertain to Skill Level D of the National Occupational Classification Code.

Urgent need of protection: A person who qualifies as a member of the Convention Refugee Abroad and is being threatened in their home country to the extent that their life, freedom, or physical safety is in danger is someone who is in "urgent need of protection". If this person is not protected, he or she will likely be:

(a) Returned to their former country of residence;

(b) Subjected to torture, violence, sexual assault or groundless imprisonment; or

(c) Killed

 


 

V

Visa office: A "visa office" is the place where applications for TRPs, TRVs, and/or permanent residence visas should be submitted to, whether the applicant is a visitor, a foreign worker or a foreign student. There are many visa offices around the world, and citizens in every country have a designated regional visa office where applications should be submitted to. Applications should be sent to a person's country of residency, country of nationality, or to a country in which they have had lawful status for at least one year. If a person has more than one country of residency, country or nationality, or country with legal status, then said person may select which visa office to send his or her application to, perhaps based on the different processing times of the visa offices in question.

Visitor visa: A "visitor visa" is a document issued by Citizenship and Immigration Canada that permits a foreign national to enter Canada temporarily. See Temporary Resident Visa.

Vocational programs/schools: "Vocational programs" or "vocational schools" are educational institutions that offer students professional training and knowledge, which certifies students for most semi-skilled occupations, including most careers in trades (ex. construction, electricity or mechanics).

Vulnerable: A "vulnerable" person qualifies as a member of the Convention Refugee Abroad and must be accepted into a country with greater urgency than other applicants because they face a more imminent threat to their life and physical safety than other applicants do.

 


 

W

Wage: A "wage" is a set payment that is given to an employee regularly in exchange for their work and services. Wages can be paid on an hourly, daily, weekly, or number-of-sales basis, or as a lump-sum amount paid after a certain period of time or after certain tasks have been accomplished. See commission, salary, or stipend.

Work: "Work" is an activity which a person is paid to do, whether by commission, salary, wage, or stipend. An applicant's work could involve an activity that competes with the activities of Canadian citizens or permanent residents who work in the Canadian labour market.

Work experience: A person can be granted a maximum of 21 points under the Federal Skilled Worker selection criteria for "Work Experience". Points are given based on the amount of time spent working in jobs that meet the requirements of the National Occupational Classification Code.

Work permit: A "work permit" is a document that authorizes a foreign national to work in Canada for a specific amount of time.

Working conditions: "Working conditions" refers to the environment in which a person works, be it positive or negative. Things that influence the working conditions of a place of work include the employee's wages and working hours, the safety and health standards of the work environment, the treatment of employees by employers and the recognition of the rights of employees by employers.

Working holiday visa: A "working holiday visa" is a visa which many countries around the world offer to foreign workers, foreign students, and other individuals who wish to travel to different countries and work as they travel. A person who is between the ages of 18 to 35 (and in some cases between the ages of 18 to 30) who is seeking Canadian work experience can apply for a working holiday visa. In addition to the age requirement, the applicant must:

(a) Not be criminally inadmissible to Canada;

(b) Not be medically inadmissible to Canada;

(c) Not intend to seek out a study permit to study in Canada; and

(d) Demonstrate that he or she is a citizen and a resident of his or her country of origin.

The Working Holiday Program that distributes working holiday visas is also known as the International Experience Canada (IEC) initiative.

 


 

Bibliography:

-Orange IRPA book

-http://www.lawpoint.ca/index.php/List-of-immigration-terms.html

-http://www.immigration-quebec.gouv.qc.ca/en/french-language/glossary.html

-http://laws-lois.justice.gc.ca/eng/acts/I-2.5/FullText.html?term=definition

-http://www.canadavisa.com/canadian-immigration-glossary.html

-FW Canada website

 
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Members Of:

Canadian Bar Association

Canadian Bar Association

 

Barreau du Quebec

Québec Bar Association

 

Aqaadi

Quebec Immigration Lawyers Association

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