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Get Canadian PR as a Hong Kong International Student in Canada

Posted on 15/06/2021

As we reported back in December, the government of Canada, as of June 1, 2020, put in place a new immigration policy with a path for Hong Kong residents who have studied at the post-secondary level in Canada to gain permanent residence status. The policy will be valid until August 31, 2026.

Here’s how to become a permanent resident in Canada as a Hong Kong graduate.

Potential applicants will fall into 2 groups:

• Stream A: Potential applicants will have graduated with a degree or diploma from a Canadian post-secondary institution involving a program of studies of at least 2 years; or from a post-graduate program at a Canadian institution of at least 1 year; all within the last 3 years.
• Stream B: Potential applicants will have graduated with a degree or diploma from a Canadian post-secondary institution involving a program of studies of at least 2 years; or from a post-graduate program at a Canadian institution of at least 1 year; all within the last 5 years. Additionally, they will have at least 1 year in-Canada work experience from the last 3 years.

 

Eligibility Requirements for Principal Applicants for PR

• You must hold either:
  • A passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China.
  • A passport issued by the UK to a British National (Overseas) as a person born, naturalized, or registered in Hong Kong.
• You must have submitted an application for permanent residence using electronic means (an online application).
• You must have scored an equivalent of CLB (Canadian Languages Benchmark) 5 on an approved English or French language test during the last 2 years.
  • This is equivalent to IELTS 4 in Reading and 5 in Listening, Speaking, and Writing.
• You must be physically present in Canada when you submit your application for permanent residence, and you must be physically present in Canada when you are granted a permanent resident visa.
• You must have valid temporary resident status in Canada.
• You must intend to reside in a province or territory other than Quebec.
• You must meet the criteria for Stream A and B which includes in addition to what we described above the following detail:

Stream A: Post Graduate Degree in Canada

• If you did a post-graduate degree it must have required you first complete a post-secondary undergraduate degree or diploma and you must have obtained your undergraduate degree within the last 3 years from the start date of your post-graduate program.
• At least 50% of your program – undergraduate or graduate – has to have been completed while you were physically present in Canada – whether it was online or in a class.

Stream B: Canadian Work Experience

• Your work experience of 1 year has to be full-time or the equivalent of 1 year of full-time work done as part-time work.
• Your work has to have been with a work permit or a work permit exemption under section 186 of IRPA.
• Any work done while a full-time student or any self-employment will not be considered valid for achieving your 1-year work experience requirement under Stream B.
• You must provide evidence that will be accepted as proof of your Canadian work experience including:
  • Employer Letters of Reference
  • T4 tax information slip
  • A copy of your Notice of Assessment (NOA) issued by Canada Revenue Agency (CRA)
  • Pay stubs
  • A Record of Employment
  • A Work/Job Contract
• You may have a degree or diploma from a foreign institution if they are considered equivalent to the Canadian degree or diploma program of study.

Finally,

• You must not be inadmissible to Canada.

 

Eligibility Requirements for Family Members in Canada

• They must be in Canada.
• They must be included as accompanying family members in the principal applications application.
• They must meet the definition of a family member in IRPR Section 1(3):
  • A spouse or common-law partner of the principal applicant,
  • A dependent child of the principal applicant or of the spouse/partner,
  • A dependent child of a dependent child.
• They must be admissible to Canada.
• The principal applicant of whom they are accompanying family members must de deemed to have met all the eligibility requirements.

Eligibility Requirements for Family Members outside Canada

• They must be included as accompanying family members in the principal applications application.
• They must meet the definition of a family member in IRPR Section 1(3):
  • A spouse or common-law partner of the principal applicant,
  • A dependent child of the principal applicant or of the spouse/partner,
  • A dependent child of a dependent child.
• They must be admissible to Canada.
• The principal applicant of whom they are accompanying family members must de deemed to have met all the eligibility requirements.

 

Document CheckList – IMM 0314 Permanent Resident Pathways for Hong Kong Residents

One of the first things you should do is download your document checklist, form IMM 0314 found here, in order to make sure you provide all the necessary documentation, including all the required forms. If your application is missing any of the required forms your application will be returned to you (a few forms depend on your specifics so not every form on the list is mandatory for all applicants).

• To avoid this happening, use your Document Checklist to tick off each form as you complete it and add any required supporting documentation.

Let’s go through form IMM 0314 (Document Checklist) to give you an idea of the forms and documents you have to provide in your application.

Here you shouldn’t fill out form IMM 0008DEP if you have less than 5 dependants in total. As well, don’t fill out both IMM 0135 and IMM 0136. Fill out only the one that applies to your situation.

The only optional form here is IMM 5476 which you must fill out if you appoint a representative. Please note that a separate form IMM 5406 must be filled out by the principal applicant, their spouse/partner if applicable, and any dependent children 18 or older.

Please note you will need some proof of your physical presence in Canada at the time you submit your application.

Here proof of intent to live outside of Quebec is only needed if you are currently residing in the province of Quebec. Remember to obtain an educational credential assessment if your post-secondary education for which you received a degree or diploma was done overseas.

Please note the information your employer reference letter must have and be sure to include all of it when you obtain your reference letter from your employer.

 

It is vital to ensure that all the required documents for any dependent children are included – from birth certificates to adoption papers to custody papers as well as proof an older dependent child has been dependent since before the age of 22.

First-Stage Approval for the Hong Kong PR Pathway

Once an applicant has deemed to have complied with the eligibility requirements listed above, then the application is approved in principle. This is called first-stage approval and means that they may possibly – after further assessment – be given a permanent resident visa. The first-stage approval process is where people with known inadmissibilities are weeded out and rejected.

A final approval will be given after a complete review of your application and all its enclosed documentation.

Goverment Fees for Becoming a Canadian Permanent Resident

The fees you must pay include:

• Processing fees
• Right of Permanent Residence Fees
• You will need to include your receipt for payment of fees in your application, as is generally the case with any immigration application submitted to IRCC.

Posted in News and tagged International graduates, International students, Permanent Residence