Immigration Corner - Moving from temporary to permanent - News - Jamaica Gleaner - Tuesday

Immigration Corner - Moving from temporary to permanent - News - Jamaica Gleaner - Tuesday | May 20, 2014

Published: Tuesday May 20, 2014

Dear Ms Powell,

I am a Jamaican citizen and I have been travelling to and from Canada as a temporary worker for the past 20 years. I am currently in Canada and would like to apply to become a permanent resident. I would like to also apply for my children in Jamaica. Is this possible?

Dear JC,

From time to time, Citizenship and Immigration Canada (CIC) make changes about their immigration policies and, therefore, my response to you will be based on the information from CIC as at May 2014.

You may apply to become a permanent resident in Canada, and you have various options. Since status for your children depends on yours, I will first advise you about how to become a permanent resident before turning to your children.

Canadian Experience Class

You can apply to become a permanent resident under the Canadian Experience Class (CEC). This category is for temporary foreign workers and foreign students. To qualify, you must have acquired a minimum of 12 months of legitimate full-time or equal amount of part-time work experience within Canada in the last 36 months. You must also plan to live in any province, except Quebec, and meet the language requirements.

I am not sure what type of work you were doing, but there are a few major changes that you should be aware of, and I will outline them below.

Cap on applications

On May 1, 2014, CIC decided to limit the number of CEC applications that will be accepted until a new programme starts in January 2015. CIC will accept a maximum of 8,000 new applications from individuals worldwide. This means that if your occupation is on the list, you should apply immediately to secure your position.

You should also note that only 200 applications will be accepted for each occupation listed under National Occupational Classification B. These types of occupations are related to skilled trades. There are no subcaps for managerial and professional occupations. However, these occupations will still be subject to the overall cap of 12,000 applications.

The list of eligible occupations is currently being updated by CIC, however, a list of past eligible occupations is listed on my website at. I will update the website when the new list is available.

Provincial Nominee Programme

There is also the Provincial Nominee Programme (PNP). This route allows a province to choose prospective immigrants based on specific economic and labour needs. The PNP is open to persons that intend to stay in the particular province and have qualifications that meet identified provincial needs. Each province has posted a list of the various occupations that would be eligible.

Sponsoring your children

If you choose to apply under the Canadian Experience Class, you may include your dependent children on your application.

A dependent child is defined under Canadian immigration laws as someone who:

Is under 22 years of age and does not have a spouse or partner, or

Became a full-time student before turning 22 and has depended on parents' financial support since that time, or

Is over the age of 22, but married before the age of 22, has been a full-time student before the age of 22 and has been financially dependent on the sponsoring parent, or

Is over the age of 22, but has significantly depended on the parent before the age of 22 due to a physical or mental disability.

The age of a child becomes locked in once you apply, so if you have a child who will be 22 soon, you need to act now to secure your positions.

Unfortunately, children who are considered adults or who do not fall into the categories above cannot be joined in your application.

Choosing to make a home in a new country can be filled with many challenges and uncertainties. One advantage you have is that you are familiar with Canada. With careful planning, you just might be able to secure the permanence you seek for yourself and your children.

You can visit my website www.deidrepowell.com at for more information about how to make your goals a reality.

Deidre S. Powell, is a lawyer, mediator, and notary public, who is a member of the Jamaican and Ontario, Canada, bars, with office located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, personal injury, family, commercial, and administration of estates. Submit your questions and comments to Email: info@deidrepowell.com, Subjectline: Immigration Tel: 613.695.8777/ 876.922.4092

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