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Q. I want to sponsor my brother to Canada who lives in the Philippines but is of Chinese nationality.

I was told that due to his age I would not be successful in sponsoring him.

As well, he did not complete a bachelor degree so I am concerned that he would fail.

He has his own manufacturing company and employs hundreds of workers.

Can he immigrate to Canada as a business person?

A. Yes, he appears to be qualified as a business person under Canada Immigration’s business category.

In this category a person must have at least two years of management/business experience and a net worth of $1.6M.

In addition, he must invest approximately $200,000CDN.

You should keep in mind that there is a quota of 1,900 applicants and applications are only being received from May 30, 2016 to Feb. 28, 2017.

It is not on a first come first serve basis.

The quota is allocated per financial intermediary so now is a good time to start to get application in for the start of the program.

Q. I’m a nurse living in Hong Kong with work experience as a caregiver for over five years.

I have an employer in Canada who obtained an LMIA to hire me as her caregiver.

It took over seven months to get the LMIA and I was so thrilled when it was granted.

I then applied for my work permit but it was refused today.

It says that I did not prove that I would leave Canada after my work.

Why would I leave Canada?

I want to be an immigrant?

I’m confused.

A. It is indeed a little confusing primarily due to the fact that the last government cancelled the live-in caregiver program as of Nov. 30, 2014.

In other words, workers who wish to enter Canada as caregivers will be assessed and processed just like any other worker — regardless of occupation.

Before, live-in caregivers, had a special place in Canada Immigration law that led to automatic permanent residence.

Nowadays, the opposite is true.

People who want to work in Canada, whether the person is a doctor, engineer, nurse, carpenter or nanny must fulfill the exact same criteria.

In particular, they must obtain an LMIA.

You have that.

Second, they must demonstrate that they will leave Canada after their work period.

Before, live-in caregivers were granted permanent residence automatically after working 24 months.

Now, those who are lucky to enter Canada as a nanny are only able to become permanent residents if they:

1. meet the quota

2. have English proficiency

3. have post secondary education

4. qualify under one of two pathways — children / elderly

Given the above, it is no longer automatic because theoretically the quota can be filled at the time the worker is eligible.

As such, Canada Immigration (at the work permit stage) wants to be satisfied that those workers would leave Canada if they cannot be permanent residents.

That seems to be the basis of the refusal letter you received as you did not provide enough evidence of return nor of your dual intent.

***

Atty. Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.

The above article is general advice only and is not intended to act as a legal document.

Send questions to him by e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call toll-free: 1-888-847-2078.