The Eligibility Requirements
Foreign nationals who have the ability to establish themselves economically in Canada can apply in these classes. In addition, these individuals would need to intend to reside in a province other than Quebec. Moreover, they would need to meet all of the following pass or fail criteria, which requires that the applicants must:
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Have two years of full-time Canadian work experience in an eligible occupation within the past four years
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Have the minimum language proficiency threshold stipulated for that occupation
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Have the minimum education requirement and,
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Have the relevant employment requirements specified in the National Occupational Classification (NOC) description of an eligible occupation, including licensing requirements (if applicable)
The Guidelines for Submitting an Application
Applicants would need to submit all applications for permanent residence under the caring for children and caring for people with high medical needs classes to the Case Processing Centre in Vegreville, Alberta (CPC-V).
The Guidelines Involving the Eligibility for Processing
Officers would need to process a maximum of 2,750 complete applications each year in each class. This is in accordance with the provisions specified in the Ministerial Instructions (MIs). In addition, the applicants would need to submit their applications in accordance with the requirements specified in R10 as well as in the application kit. Only then would the authorities consider their applications as complete and eligible for processing.
The R10 Guidelines
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The Form and the Content of the Application
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Under these Regulations, the applicants would need to:
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Make the applications in writing using the form provided by the Department (if any)
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Sign the applications
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Include all information and documents required by these Regulations as well as any other evidence required by the Act
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Ensure that the application accompanies the evidence of payment of the applicable fee if the Regulations specifically mention this and,
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Identify the principal applicant and the accompanying spouse or common-law partner clearly (in case there is an accompanying spouse or common-law partner)
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This is in accordance with the provisions specified in paragraphs 28 (b), 28 (c), 28 (d) and 139 (1) (b)
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The Required Information
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Unless specified otherwise by these Regulations, the application would need to:
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Contain the name, date of birth, address, nationality and the immigration status of the applicant and of all the family members of the applicant, regardless of whether they are accompanying the principal applicant or not
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Contain a statement detailing whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person
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Indicate whether the applicants are applying for a visa, a permit or an authorisation
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Indicate the class prescribed by these Regulations for which the applicant is making the application
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Situations could arise where the applicant is represented in connection with the application
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In this scenario, the application would need to include details such as the name, the postal address, the telephone number, the fax number and the electronic mail address (if any) of any person or entity (or a person acting on its behalf) who is representing the applicant
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Situations could arise where the applicant is represented in connection with the application by a person referred to in any of the paragraphs 91 (2) (a) to 91 (2) (c) of the Act
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In this scenario, the application would need to include the name or the body of which the person is a member and their membership identification number
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In some cases, the applicant might have received advice for consideration in connection with the application, by a person referred to in any of the paragraphs 91 (2) (a) to 91 (2) (c) of the Act
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In this scenario, the application would need to include the following details:
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The application would need to include details such as the name, the postal address, the telephone number, the fax number and the electronic mail address (if any) of any person or entity (or a person acting on its behalf) who is representing the applicant and,
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The application would need to include the name or the body of which the person is a member and their membership identification number
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In some cases, the applicant might have received advice for consideration in connection with the application, by a person referred to in subsection 91 (4) of the Act
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In this scenario, the application would need to include details such as the name, the postal address, the telephone number, the fax number and the electronic mail address (if any) of any person or entity (or a person acting on its behalf) who is representing the applicant with reference to that entity or person and,
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Include a declaration that the information provided is both complete and accurate
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The Application of Family Members
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The authorities consider the application as an application made for the principal applicant and the accompanying family members of the principal applicant
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The Sponsorship Application
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Foreign nationals have the ability to make applications as members of the family class
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However, the application would need to be preceded or accompanied by a sponsorship application as specified in the provisions of paragraph 130 (1) (c)
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Multiple Applications
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The authorities do not permit the filing of a sponsorship application by a sponsor in respect of a person if the sponsor has already filed another sponsorship application in respect of that same individual and where the authorities have not made a final decision in respect of that other application
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The Invalid Sponsorship Application
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Situations could arise where sponsors make sponsorship applications that are not in accordance with the provisions specified in subsection (1)
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The authorities do not consider such applications as applications filed in the prescribed manner for the purposes of subsection 63 (1) of the Act
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