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The immigrant investor programsIt must be noted that there are two (2) Immigrant Investor programs in Canada: the Immigrant Investor Program of the Government of Quebec and the Immigrant Investor Program of the Government of Canada. Pursuant to his/her profile and preference, a candidate must decide which one of these programs is appropriate. Both lead, if successful, to the issuance of a Canadian Permanent Resident Visa but the requirements and process of each program are different.I - The main Requirements of the Quebec Immigrant Investor Program (the "Program") are as follows. The requirements of the Federal Immigrant Investor Program are similar but slightly different. In order to qualify for the Program, an immigration candidate must mainly demonstrate that he/she:
The candidate's main assets (bank accounts, investment accounts, properties, equity/shares in companies, etc) and liabilities (debts, mortgages, etc.) are considered. If the total value of a candidate’s net assets exceeds CAD$800,000, he satisfies this requirement;
Immigrant Investor candidates must prove the "source" of their assets. Canada's immigration authorities want to make sure that the assets were not acquired by illegal means and, more generally, want to know the origin of these assets;
The immigration authorities in Canada require a candidate to prove that he/she acquired at least two (2) years of managerial experience in the five (5) year period immediately preceding the submission of a candidate's immigration application;
This requirement is the cornerstone of the program and will be more fully explained during a face-to-face meeting with any potential candidate. However, please note that there is a financing option where the financial institution, for non refundable fees, will make the investment for the candidate;
Canada's immigration authorities set forth a Grid of Points in order to determine a score for each immigration candidate. Said score is based on various criteria related to a candidate's profile (age, education level, language skills, adaptability, managerial experience, etc.). II - The procedure The typical procedure of the Quebec Immigrant-Investor Program is the following (the procedure of the Federal Immigrant Investor program is different):
Preparation of the required governmental forms and supporting documents to be submitted to the Quebec immigration authorities. During this phase of the process, we help the candidate prepare the required documents and we help him/her understand the requirements of the Program; The candidate, with the help of our firm, will submit the required governmental forms and supporting documents to the immigration authorities. The immigration authorities will confirm receipt to our firm and, in some cases, require additional documents. After an analysis of the submitted forms and documents, the immigration authorities will usually issue an Interview Notice requiring a candidate to be interviewed. The location of said interview usually depends on the candidate’s country of residence. It must be noted that the immigration authorities may choose to waive the immigration interview if a candidate’s file does not require any clarifications. In such event, Steps 2 and 3, described hereinafter, do not apply; The candidate, with the help of our firm, will prepare the immigration interview by attending practice sessions, review the documents, etc. in order to help the candidate better understand Canada's immigration process and to assimilate particularities related to the interview phase. Having attended, or read, countless immigration interviews and their related decisions, we are in a good position to help a candidate better master the Canada's interview process; The interview usually lasts between 90 minutes and two (2) hours and questions are asked by an immigration officer of the Government of Quebec in order to determine if the candidate satisfies the aforementioned requirements. The law allows a candidate of the Quebec Immigrant Investor Program to attend the immigration interview with an attorney called to the Province of Quebec’s Bar Association. The presence of an attorney is, of course, highly recommended. Said attorney may make representations on behalf (and in the best interest) of the candidate. Attorneys not called to Quebec’s Bar Association, or non-attorneys, cannot attend the interview with an immigration candidate who applies under the Quebec Immigrant Investor Program. Please also be aware that immigration consultants, even duly accredited by the Canadian Society of Immigration Consultants (“CSIC”), cannot attend immigration interviews with such candidates. Our firm will, of course, ensure to have an attorney present during your immigration interview; The immigration officer, based on the documents and the interview, will render one of the following three (3) decisions: In such case, the immigration candidate has the right to file an administrative review application (an appeal) to have the negative decision overturned. Said administrative review application must be filed within 90 days of said decision and will ask the review officer to set aside/quash the negative decision and to accept the immigration application to Canada. Within 110 days of the positive decision, the candidate must proceed with the aforementioned C$400,000 investment. If this requirement is satisfied, the Government of Quebec will issue a Certificate of Selection (CSQ) and the process will continue (see Step 6); Canada's federal immigration authorities are responsible to issue the visa that will allow a candidate to become a Canadian Permanent Resident. As such, they will conduct a medical examination and a security background check of the candidate and his family. Save for individuals with very serious illnesses, criminal records or adverse military experience, this phase is usually a formality. Very few candidates are refused at this stage of the process. Our firm, like for all other phases of the process, will help you prepare and file all the required documents related to this phase of the immigration procedure; If steps 1 to 6 are successfully completed and all requirements have been met, the Canadian government will issue a Canadian Permanent Resident Visa for the candidate and his/her dependents. III - The Timeframe It is difficult to say without knowing a candidate’s profile (including his country of residence). The period needed to go through the process really depends on various factors: the quality of the file, the candidate’s country of residence, in which immigration office the application is submitted, etc. Furthermore, in certain countries, the timeframe is usually different whether a candidate submits a Federal or a Quebec application. Once a candidate gives us more information on the aforementioned factors, it is usually fairly simple to give an approximation of the time frame for his/her future application. IV - Use of a Representative It is important to understand that, in order to act on your behalf in your dealings with the Canadian federal immigration authorities, one must either be:
Our firm is authorized to represent you with the Quebec and Canada's Federal immigration authorities. |
