Application Review Criteria for State and Federal Immigration Programs

There are two major categories of screening for all immigration applications, including state and federal immigration programs. The first is an eligibility test to see if the principal applicant meets the program's eligibility requirements. If it is determined that the principal applicant meets the eligibility requirements for the program, the next step is to determine if any family members are eligible for inadmissibility. Each immigration program has different eligibility requirements depending on its needs. The 1st screening of qualifications checks whether the main applicant meets the qualifications for the program. If the applicant is rejected because the qualifications are not met, the application is re-applied by making up for the missing part or satisfying the qualifications. If you reapply for another program that you are interested in, your past refusal record does not matter at all during the screening process.

If you meet the qualifications, there is a second screening to see if there is a reason for inadmissibility, and in this case, the main applicant and all accompanying family members are screened equally for criminal records and health problems. According to the Immigration Act, if any member of the family, including yourself, is subject to a reason for inadmissibility, the same applies to all family members. I often receive inquiries that I would like to apply for permanent residency with my wife as the main applicant because my husband has a history of drunk driving. Also, since it is an examination of the entire family, the truthfulness of the family relationship is also checked at this time.

A typical example of reasons for inadmissibility is criminal history/investigation history, and the focus of the review is to comprehensively determine the seriousness of the crime, the repetition/pattern of the crime, and the possibility of recidivism in Canada. At this time, the seriousness of the crime is judged mainly by the standards of Canadian law rather than the standards of the home country. For example, records for failure to participate in reserve forces training or violations of national security laws, which are not criminal in Canada, are usually easily remedied. However, even if the crime is not established in Canada, it becomes a problem if the intentionality and pattern of the crime are serious. There is one offense that is a misdemeanor in Canadian standards, and there are consequences for that offense. In other words, if the fine has been paid for 5 years, it is no longer a problem. One offense, even more than a misdemeanor, and end result for that offense. In other words, if 10 years have elapsed after probation or imprisonment, or fine payment, it is usually considered pardoned. For all other records, a pardon can be requested after 5 years from the end. However, it is difficult to obtain a pardon for murder, kidnapping, and sexual assault if you have been sentenced to imprisonment for more than six months.

The biggest difference between provincial and federal immigration is the difference between the two agencies. All of the reasons for refusal of entry for the second time described above are made only by the Federal Immigration Service. Since the state immigration program is a program in which the state sets the qualification requirements to attract workers suitable for the situation of the state, the state immigration office will review the first qualification requirements. When the provincial immigration office receives approval, it sends the secondary documents along with the approval letter to the federal immigration office for review on reasons for inadmissibility. Because the federal immigration program has both the first and second screening in one place, it is difficult for the applicant to recognize that there are actually two separate screenings.

In the case of state immigration, the 1st screening and 2nd screening are clearly separated, so after receiving the 1st approval, only the 2nd screening for reasons for disqualification is left, so you can put aside your worries about the possibility of changing the program or being eliminated from the qualification screening. In addition, it is possible to extend a work visa as a provincial approver. However, for the permanent residence program, which is an employer-led program that presupposes employment, the employment relationship must be maintained during the second screening. In particular, the state government program is designed in consideration of the state's economic situation, so it is necessary to settle in the state. If you are forced to move to another state after receiving your green card and landing, immigration law cannot enforce this, but if you move to another state while immigration procedures are in progress, this application will be rejected. If the possibility of going to another state is reflected in the final stage of landing, I will try to evaluate the possibility very carefully. In particular, in areas with low population and low economic activity, the possibility of settlement is more stringent and thorough. Some business immigration programs require a separate memorandum of intent to settle in the state.