Moving to Canada from the U.S.

There are many ways to immigrate to Canada from the United States or to reside in Canada temporarily, but each pathway requires a plan.

The United States and Canada share a long and storied history. Both of these vast, ambitious nations were, by and large, settled and governed by immigrant communities — and both the U.S. and Canada continue to receive hundreds of thousands of newcomers from around the world on an annual basis.

Every year, thousands of American citizens make the decision to move to Canada. Some are attracted by economic opportunity, others are sponsored by a spouse or partner, while many other Americans come to work or study in Canada on a temporary basis. Indeed, some are enticed by more than one of these factors, or other considerations.

As long as there has been America, there have been Americans moving to Canada. The ill-tempered nature of the 2016 Presidential Election cycle in the U.S. has led to increased interest from Americans who wish to live in a forward-looking, progressive and safe place where they and their families can benefit from a large swathe of opportunities — and all without straying too far from their friends and families back home.

Citizens of the United States, let's begin your clear path to Canada.

This comprehensive page covers the full range of immigration and temporary residence options that are open to U.S. citizens wishing to move to Canada. Click on any item in the menus below to go directly to the section that is most relevant to your particular needs. If you have a specific inquiry about moving to Canada from the U.S., please contact us today by completing the form at the end of this page. We will be happy to assist you in your Canadian immigration goals.

Reside in Canada Temporarily

• Work in Canada
• SWAP Working Holidays
• NAFTA
• Intra-Company Transfer
• Work in Canada Without a Work Permit
• Study in Canada

Permanent Immigration to Canada

• Express Entry
• Provincial Nominee Programs
• Immigration to Quebec
• Spousal/Common-Law Sponsorship
• Business Immigration to Canada

Other Considerations When Moving to Canada

• Tax Consequences
• Citizenship
• Health Care
• Bringing a Family
• Employment
• Inadmissibility
• Settlement in Canada

Reside in Canada Temporarily

Work in Canada

Much like in the U.S., Canadians enjoy a free market economy, where individuals and enterprises are rewarded for their creativity, innovation and hard work. Also, Canadian governments, both federal and provincial, are more inclined to intervene in the economy when it is pragmatic to do so. Canada is

not governed from an ideological standpoint; this allows individuals can reach their potential while also ensuring that 'boom and bust' cycles are not the norm.

Obtaining a Canadian work visa (referred to as a work permit in Canada) is usually an important step towards working legally in Canada. If you do not have a job offer, our Job Search Tool is key to finding work in your field at any location across Canada. If you do have a job offer from a Canadian employer, congratulations! You and your prospective employer may have to obtain a document called a Labour Market Impact Assessment (LMIA) before you begin working in Canada. This document serves as proof that your employment in Canada will likely have a neutral or positive effect on the local labour market.

SWAP Working Holidays

SWAP Working Holidays (formerly Student Work Abroad Programs) facilitate international exchanges between young people from different nations. U.S. citizens between the ages of 18 to 30, inclusive, may obtain an open work permit for 12 months under this program, provided that they have been enrolled in the full-time post-secondary study at some point in the past twelve months. Final year students are not returning to studies are also eligible. After working in Canada for up to a year, U.S. students are permitted to repeat SWAP in Canada once they have completed another academic term in the U.S.

NAFTA

Under the auspices of the North American Free Trade Agreement (NAFTA), U.S. citizens may be eligible for facilitated processing when applying for a temporary Work Permit in Canada. Work Permits under the provisions of NAFTA do not usually require an LMIA.

U.S. citizens may work in Canada under NAFTA through one of the following categories:

• NAFTA Professional

  A NAFTA Professional must be qualified to work in one of approximately 60 targeted professions, including professions in teaching, science, medicine, finance, law, and much more.

• NAFTA Intra-Company Transfer

  NAFTA Intra-Company Transferees from the U.S. may be transferred to Canada on a temporary basis to work for a branch, subsidiary, or affiliate of their employer. These individuals must have worked continuously for their U.S. employer for at least one of the last three years and be employed by the company at the time of application in a position that is considered managerial, executive, or involving specialized knowledge.

• NAFTA Traders and Investors

  A NAFTA Trader from the U.S. must demonstrate an intention to carry out substantial trade of goods or services between Canada and the U.S. A NAFTA Investor must demonstrate that he or she has made a substantial investment in a new or existing Canadian business and that he or she is seeking entry to Canada to develop and direct the Canadian business. Work permits in the NAFTA Investor category may also be granted to employees of the primary Investor, who can be considered essential staff.

Intra-Company Transfer

Because Canada is the United States' largest trading partner, and vice versa, a large number of American businesses have affiliate offices, branches, or subsidiaries in Canada. The Intra-Company Transfer Program allows international businesses to bring key employees to Canada without the requirement to obtain a Labour Market Impact Assessment (LMIA). Employees who work in executive, managerial, or specialized knowledge roles may be eligible to come to Canada with their family and work as an intra-company transferee.

Work Without a Work Permit

Some situations may occur when a U.S. citizens can perform work in Canada without needing to secure a Temporary Work Permit. This includes individuals who engage in business or trade activities in Canada but will not enter the Canadian labour (labor) market, known collectively as Business Visitors.

Other positions covered by this provision include after sales service workers, athletes, performing artists, media, and military personnel.

Study in Canada

At a time when young Americans are faced with escalating tuition costs, mounting student debt, and higher barriers to entry than before, many of them are noticing that a world-class higher education is available on the same continent, and often for a fraction of the cost. With an exchange rate that benefits U.S. citizens looking to study in Canada, there has never been a better time to consider Canadian universities and colleges for further education. International students in Canada can also work while studying, allowing them to supplement their income and gain vital work experience.

Furthermore, studying in Canada doesn't just make sense from an educational and economic point of view — it is also a pathway towards developing a professional career and immigrating to Canada permanently.

Source: http://www.canadavisa.com/moving-to-canada-from-the-u-s.html#Permanent Immigration to Canada

Can Trump-Dodging Americans Really Move To Canada?

By:Henry Chang Become a fan 
Partner at Blaney McMurtry LLP. Expert in cross-border legal issues. Practices law in the State of California and the Province of Ontario.

 With every Trump victory, an increasing number of U.S. citizens are considering the possibility of moving to Canada. Of course, wanting to move to Canada is not the same thing as actually being allowed to move here. So how hard would it really be for a U.S. citizen to move to Canada?

There are two options that a Trump-averse U.S. citizen might consider: (1) seek permanent residence in Canada; or (2) seek temporary status in Canada (such as a work permit or study permit) until the next presidential election. Their choice would depend on whether they believe Mr. Trump would win a second presidential term.

In terms of permanent residence, the three categories that a disgruntled U.S. citizen should first consider are the Federal Skilled Worker Class ("FWSC"), the Canadian Experience Class ("CEC"), and the Federal Skilled Trades Class ("FSTC"). Of course, there are other options such as the Quebec Immigration Program, the Provincial Nominee Programs (which have been established by the Canadian Provinces), theStart-Up Business Class, the Immigrant Investor Venture Capital Class, and theCaregiver Program. Even family-sponsored permanent residence may be an option in appropriate cases. However, the FSWC, CEC, and FSTC do not require a Canadian employer or Canadian relative to sponsor the foreign national.

The biggest problem with the FSWC, CEC, and FSTC is that they are now subject to the Express Entry Program, which has been in place since January 1, 2015. Under Express Entry, it is no longer possible for foreign nationals to directly apply for permanent residence under the FSW, CEC, or FSTC.

Instead, applicants must now submit an Express Entry profile through the Citizenship and Immigration Canada ("CIC") website, indicating their interest in immigrating to Canada. If they satisfy the eligibility requirements of the FSWC, CEC, or FSTC, they will be accepted into the Express Entry pool of potential candidates. However, acceptance into the Express Entry pool does not guarantee that a particular candidate will be issued an invitation to apply for permanent residence.

All applicants who are accepted into the Express Entry pool are assigned a certain number of Comprehensive Ranking System ("CRS") points. CIC will then invite applicants having the highest number of CRS points to apply for permanent residence. Only then will the applicant be permitted to apply under the FSW, CEC, or FSTC.

To date, the lowest CRS score that has resulted in an invitation to apply is 450. An unmarried 40 year old with a U.S. bachelor degree, with at least three years of skilled work experience in the United States, who is fluent in English but not French, and who has never worked or studied in Canada, would receive only 381 CRS points. Such an applicant would not have received an invitation to apply.

Applicants who are accepted into the Express Entry pool will remain there for one year. However, if they have not been invited to apply for permanent residence after one year, their profiles will expire. Although CIC claims that the majority of applicants who are invited to apply will receive their permanent residence in six months or less, applicants don't actually know when they will receive an invitation to apply.

Although some U.S. citizens who submit Express Entry profiles will be invited to apply for permanent residence, the uncertainty of whether they will be invited and the timing of when this will occur might make the process of seeking Canadian permanent residence too unpredictable for them. As a result, they may wish to consider temporary options instead. 
In order to address the concerns of U.S. citizens seeking to avoid a presidential term with Donald Trump, they would need to ensure that they could remain in Canada for at least four years. Clearly, they could not remain in Canada as tourists for such an extended period of time. So they would need to obtain a work permit or study permit in order to maintain their status for four years or more.

Younger U.S. citizens could consider seeking a study permit to attend college or university in Canada. Study permits are typically issued for the duration of an applicant's academic program but bachelor degree programs in Canada are generally four years long. Of course, even a student who is participating in a shorter program could enroll in a subsequent program and then extend their study permit.

Unfortunately, most work permits require a Canadian employer or entity that is prepared to sponsor or otherwise support the foreign national's application. However, U.S. business owners would be in a better position to obtain work permits through their existing businesses, perhaps as intra-company transferees, NAFTA treaty investors or treaty traders. Certain professionals may also be eligible for work permits as NAFTA Professionals, if they can find a Canadian employer or entity willing to hire them. Executives, managers, and specialized knowledge workers employed by multinational companies may also seek intra-company transferee work permits, if they can convince their employers to transfer them abroad.

If a foreign national is not eligible under any of the above work permit categories, it is still possible for them to seek a Canadian work permit by obtaining a Labour Market Impact Assessment ("LMIA"). The LMIA process requires the Canadian employer to go through a very expensive and time-consuming procedure in order to demonstrate that no qualified Canadian workers are available. Although this route is technically available, in practice, most Canadian employers will be reluctant to attempt the LMIA process unless they believe that the foreign national is indispensable to their business.

It is clearly possible for many U.S. citizens to relocate to Canada, either on a temporary or permanent basis, but the actual process of seeking Canadian status is much more complicated than many Americans believe. Nevertheless, if Donald Trump actually does become President of the United States and U.S. citizens feel morally compelled to leave, Canada stands ready to welcome them (if they qualify of course).

Source: http://www.huffingtonpost.ca/henry-chang/americans-moving-to-canada_b_9542896.html

Canada to Make it Easier to Hire French Speakers for Skilled Jobs Outside Quebec

MARCH, 2016

Pour la version française, cliquez ici.

The government of Canada has announced that it will soon be simpler for employers in some regions of Canada to hire French-speaking skilled workers through a new option known as Mobilité Francophone.

In an expansion of the International Mobility Program (IMP), Mobilité Francophone will exempt Canadian employers from the Labour Market Impact Assessment process when they hire francophone foreign workers in managerial, professional and technical/skilled trades occupations (NOC skill level 0, A or B) to work in francophone minority communities outside Quebec. This new option is scheduled to come into operation on June 1, 2016.

A LMIA is a document that serves as proof that there will be a positive or neutral impact to the Canadian labour market if an employer hires a foreign national in certain situations. The IMP is an umbrella program that includes all streams of work permit applications that are exempt from this requirement. Mobilité Francophone is the latest such stream, joining other IMP streams such as the North American Free Trade Agreement (NAFTA) and the International Experience Canada (IEC) program.

Exemptions from the LMIA process are based on:

• broader economic, cultural or other competitive advantages for Canada; and
• reciprocal benefits enjoyed by Canadians and permanent residents.

Canada’s Minister of Immigration, Refugees and Citizenship, John McCallum, made it clear that the Liberal government has high hopes for this initiative, not only for local economies and Canadian employers, but also for the foreign workers themselves. Giving foreign workers who arrive in Canada under this stream the means to transition to permanent resident status is a clear goal of the government.

“We want francophone minority communities in Canada to continue to be vibrant and growing. That’s why we’re going to encourage skilled francophone workers to come to Canada and settle in communities outside of Quebec, and we’re going to encourage them to apply for permanent residence if they would like to stay,” said Mr. McCallum.

At the time of writing, it remains unclear exactly what criteria may be applied in order to define which communities (and consequently, which employers) will be able to participate in the Mobilité Francophone stream.

While the majority of francophones in Canada live and work in the province of Quebec, many regions across the country continue to have vibrant francophone communities. The working language of many of these communities is generally English, but French retains an important role in the community. More than one million Canadians outside Quebec report French as being their mother tongue. The largest francophone communities outside Quebec are in Eastern Ontario and New Brunswick, but sizeable francophone communities are found in each province and territory.

The department of Immigration, Refugees and Citizenship Canada (IRCC, formerly known as CIC) aims to have francophone newcomers make up at least 4 percent of all economic immigrants settling outside Quebec by 2018, with an additional target of 4.4 percent by 2023.

Source:
Read more at http://www.cicnews.com/2016/03/canada-easier-hire-french-speakers-skilled-jobs-quebec-037478.html#ak8QXYd3mB3k04ye.99