Immigration Corner | What are my options to migrate with my mother?

Dear Miss Powell

I am a young professional who is interested in living in Canada. I am interested in applying under the Express Entry System and I think I will be able to qualify, but I have two concerns. First, I am not sure about the work experience required, as I work part-time for two companies, even though I work 50 hours per week in the same occupation.

Second, my concern is about my mother as she lives with me and is dependent on me. I can’t leave her alone in Jamaica. I was reading some of your past articles on the application process, but there doesn’t seem to be any option for me to add that I’m taking her. I don’t have any children, but my mother depends on me. I can’t leave her, so I am wondering what other options I have to take her with me to Canada if I get through. I look forward to your response. Thank you kindly. LB

Dear LB,

Your mother is fortunate to have a caring daughter like you and I must commend you for that. However, while Canada recognises the importance of family and has several programmes which promote family unity, unfortunately, there are strict rules about the individuals that can be included in an application under the Express Entry System. I will address your concerns about work experience first, then address options for your mother.

EXPRESS ENTRY SYSTEM

The Express Entry System manages programmes such Federal Skilled Worker Programme, Federal Skilled Trade Programme, Canadian Experience Class and some Provincial Nominee Programme. These are the most popular pathways to become permanent residents of Canada.

To qualify as a federal skilled worker, you must have at least one year of continuous full- time work experience, or the equivalent in continuous part-time work experience in a qualifying skilled occupation. You should not have a difficulty, as the number of hours in each position will be evaluated.

Your application will be evaluated based on your training, education, experience, and responsibilities (also known as TEER) required to work in an occupation. Under the FSWP, you will be required to provide evidence that you have work experience in TEER Category 0, 1, 2, or 3 of the 2021 version of Canada’s National Occupational Classification. The Canadian government will only evaluate the work experience in the last 10 years before you submit your application for permanent residence.

The first step is to ensure that your education matches the duties and responsibilities. Most jobs that require a university degree, or at least a two-year diploma from a recognised college should be eligible. If your work experience falls within the categories of managerial or supervisory occupation, or accountant, chef, baker, dental assistant, dental laboratory assistant, computer network, web technician, medical laboratory technologist, financial adviser, marketing manager, advertising manager, teacher, nurse, lawyer or doctor, you should not have any difficulties qualifying.

DEPENDENT

When you apply under the Express Entry System, you may include your immediate family under the application. This would only include a spouse/common-law partner and dependent children under the age of 22.

You will not be able to add your mother to the application, as a dependent as parents do not qualify as dependents under the Express Entry System. However, you should not despair, as after your application has been approved and you are living in Canada, you may apply for a super visa for your mother or sponsor her to live permanently in Canada if you can both meet the requirements.

SUPER VISA OR SPONSORSHIP

Once you have become a permanent resident and have established yourself in Canada, you can apply for a super visa for your mother. A super visa lets your mom visit you for five years at a time. It is a visa that provides multiple entries for a period up to 10 years. To qualify, your mom will need to have proof of private medical insurance from a Canadian insurance company, or an insurance company outside Canada that has been approved by the Minister of Immigration, Refugees and Citizenship. Additionally, you will need to provide a notarised letter with proof of your status in Canada and an undertaking to be financially responsible for your mother.

You may be able to sponsor your mother after you are able to provide proof tax returns meeting the low-income cutoff threshold for the last three years before you apply. This figure changes annually and is based on the number of persons that will be living in your household. You would also need to undertake to be fully responsible for your mother, and her health and criminal records would also be investigated.

For additional information about these programmes or other Canadian immigration concerns, you may contact me to request a personal consultation via telephone, Zoom or WhatsApp.

Deidre S. Powell is a lawyer, mediator, and notary public in Canada. Submit your questions and comment to info@deidrepowell.com. Telephone or WhatsApp 613.695.8777. Follow her on Facebook, Instagram and Twitter.