Immigration Corner | Getting permanent residency at age 46

Dear Ms Powell,

I’m 46 years old. Is it easy to get permanent residence for my husband and two kids? Do I have to sit the International English Language Testing System (IELTS) exam if I have a master’s degree and I’m from an English-speaking country? I’m just wondering if I should bother applying because of my age, as most of the ads I see are for people under 35. Looking forward to your response.

HH

Dear HH,

Now is a good time to beginning planning for immigration to Canada, as new programmes and improved systems are expected in the new year. However, I must caution you that most things that are worth having will take some effort. The older you are, the more effort you will need to put into the application process. That does not mean you should not apply, as there are several issues to consider based on your background and qualification.

APPLICATION PROCESS

Most individuals who come to Canada do so via the Express Entry System. It manages economic programmes such as the Federal Skilled Worker Programme, Federal Skilled Trade, Canadian Experience Class, and many Provincial Nominee Programmes are linked to the system.

Under the Express Entry System, each candidate is placed into a pool where there are ranked according to the number of points they get. A candidate can get up to 1,200 points if they are able to satisfy the requirements under the Express Entry System. Some of the factors that are considered are age, language ability, education, skill, and work experience. Individuals between 18 and 35 can get the maximum of 12 points for the age factor. Since you are 46 years old, you will only be awarded one point for your age. Is your spouse younger? What is his education and work experience?

You mentioned the language test. You should note that most programmes (except sponsorship) require that you prove your language skills, even if you studied in an English-speaking country. You and your spouse must sit the IELTS, General Training Examination and get the highest possible score in each band. That means striving to get a minimum of 8.5 in each category. Other ways to get additional points are, providing proof of any of the following: a sibling who is a citizen or permanent resident, language test for both English and French, Canadian education, a valid job offer (usually with LMIA), Canadian studies, work experience, and a nomination from a province or territory.

STUDY AND CANADIAN WORK EXPERIENCE

Many mature individuals have qualified for permanent residence based on the rovincial Nominee Programme or a qualifying job offer. To fall within the Canadian Experience Class, you need either work experience or education from a designated learning institution (DLI). You could consider doing a postgraduate diploma, or PhD. This will give you the Canadian education and work experience, which could make up for some of the point lost because of your age.

You did not indicate your occupation; however, you can get up to 15 points if you have six years or more work experience in a particular occupation. You may also qualify to receive a provincial nominee if your work experience falls within one of the in-demand occupation by a province or municipality. These programmes are based on the local labour demands in a rural area or province. A job offer from an employer with a positive LMIA report could also give you extra points to be granted an invitation to apply for permanent residence.

ENTREPRENEUR AND SELF-EMPLOYED PERSONS

If you are a successful entrepreneur, you should examine the Start-up Visa Programme by starting a business and creating jobs for others living in Canada. The self- employed programme is for individuals who are willing and able to make a significant contribution to the area of sports and culture in Canada.

There are various options to immigrate to Canada, but these programmes are subject to change without notice. Therefore, it is best to schedule a consultation with an authorised immigration lawyer to see which programme is best for your family. When you are given an option, it is in your best interest to act immediately before the programme changes, or is completely discontinued.

Deidre S. Powell is a lawyer, mediator and notary public. Submit your questions and comments to info@deidrepowell.com or call 613-695-8777.