Part I: Immigrating to the United States

Planning to shift base from the Orient to the Occident? Want to emigrate to the United States or Canada, but don't know how to go about it? Kanchana Suggu offers some help.

However, immigration regulations will change after a new bill will come into effect from June-July 2002. According to the new rules, the minimum points required will be 80.

Immigration to Canada can be under three categories of immigrants:

Category I- Independent Class: This includes investors, entrepreneurs, skilled workers and assisted relatives. The basic selection process for the independent immigrant category is based on a point system. Points are given for education, job training, work experience, occupation, arranged employment, age, demographic factor, ability to communicate in either English or French, personal suitability and having relative living in Canada.

There are three categories for obtaining Independent Immigrant Visas:

1) Skilled workers: The selection parameters are based on the 'point' system, which awards points based on occupation, education and training, experience, age, and knowledge of English and/or French of the applicant. If relatives of the applicant are Canadian citizens or permanent residents, Bonus points are given. Points for personal suitability are awarded to the applicant by the visa officer according to his/her judgement. Immigrants who wish to settle in Quebec, have to meet further selection criteria set by that province. For the applicant to qualify under this category the Skilled Worker must obtain a minimum of 70 points under the 'point' system.

2) Business immigrants:
(a) Entrepreneur category: An applicant in this category must prove that he/she has enough money to establish a business, cover its short-term operating costs and support his/her dependants. However, there is no specified or minimum net worth required. Entrepreneurs will have to provide the following:
(i) Personal income tax statement forms for the past 2 years.
(ii) Itemized bank statement for the past 3 years.
Entrepreneurs are assessed on the basis of age, education/training factor, work experience, language, demographic factor and personal suitability.

(b) Self-employed category: To come under the category of self-employed immigrants the applicant must establish or purchases a business in Canada that will keep them employed and contribute significantly to Canada’s economy or cultural or artistic life (for example, professional athletes, artists, actors, farmers, writers). There are no conditions imposed upon admission.

(c) Investor category: The investors must have a track record of having successfully operating, controlling or directing a business and must have a net worth, accumulated by their own efforts, of at least CAD $800,000. They must also have made a minimum investment in an approved fund or business since the date of their application.

3) Assisted Relatives: Assisted relatives are those independent immigrants who have a relative in Canada, who is able and desirous of helping them become established there. Relatives who are eligible to apply under this category may be the sons, daughters, brothers, sisters, grandparents, grandchildren, nieces and nephews who do not qualify in the family class, and aunt and uncles of a Canadian resident. Assisted relatives are assessed against the same factors, as are other independent immigrants.

Category II- Family Class: In order to qualify under this program, the applicant must be related to the sponsor in one of the following ways:

• Wife / Husband
• Dependant Son or Daughter (must be under 19 years of age, or a full time student being financially supported by his/her parents or is financially supported by his/her parents because of a disability)
• Fiancé/e
• Parent
• Grandparent
• Orphaned Brother / Sister / Nephew / Niece / Grandchild / (under 19 years of age)
• Child under 19 years, the sponsor plans to adopt
• Any other relative if the sponsor has none of the above relatives either in Canada or anywhere else in the world

The sponsoring relative must be at least 19 years of age, live in Canada, either as a citizen or permanent resident, be financially capable of providing assistance to the applicant and his/her dependants for period of ten years or give an undertaking that he will provide the assistance.

Category III- Refugee Class: Each year Canada accepts between 20,000 and 30,000 refugees. The definition of refugee as incorporated in Canada’s Immigration Act is ‘persons with a well founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular group’. They maybe either:
i) outside the country of their nationality and are unable or, by reason of that fear unwilling to be protected by that country; or
ii) not having a country of nationality, are outside the country of their former habitual residence and are unable or, by reason of that fear, unwilling to return to that country.

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