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Relocation & Immigration

Want To Retire In Canada?
Watch Those Immigration Time Limits!

by S. David Aujla

The timing of an immigration application can actually affect the success of applicants wishing to retire in Canada. Even though the criteria for selection are universal to all applicants, personal circumstances such as age, years of retirement and number of years worked within ten years prior to the application can all impact the application.

The selection grid for skilled worker applications relies on achieving 75 points based on age, education, language skills and work experience.

For example, maximum points of 10 are given the skilled worker professionals who apply before the age of 49. For each successive year, as a person gets older, 2 points are deducted so that by the age of 54, zero points will be awarded for age. Thus, if the older skilled worker is maximizing points for each selection criteria, making an application at the age 50 or older, may result in an unsuccessful application as a result in the drop in points.

Often retirees who have chosen to investigate their immigration options of living in Canada are shocked when they are advised that they do not qualify. Even though they have substantial assets, independent medical coverage and sufficient income, they will not qualify for permanent residency since Canada Immigration decided to eliminate the retirement category in the late 1980’s. Even though they may be retired, the individual still must attempt to qualify as a result of past experience as a skilled professional or a business applicant. Although they may not have the desire to work or start a business, the issue is one of qualifying for entry into Canada despite their future desires for retirement here. Thus, timing of the application is absolutely crucial given their date of retirement.

To qualify individuals for permanent residency, Canada Immigration looks back ten years prior to the date of the application for skilled workers to assess relevant work experience and five years prior to the application for those applying under the business class. Thus, if a person has been retired longer than those time periods, then no points can be awarded to work or business experience. Anyone applying as a skilled worker must have at least four years of relevant work experience during the last ten prior to the application and business individuals must have at least two years in the last five prior to the application to prove their business experience.

If, if a person has been retired, for say seven years, he or she may not obtain full points for work experience (being only three years of work). Similarly, in business applications, if the person has been retired for five years, he or she will not obtain any points for business experience even though he or she may have been active in many businesses before that time period. Thus in advising clients, one must ensure that they have at least some work experience during the ten year period or five year period as outlined above.

Therefore, the best time to apply for status, for potential immigration applicants who wish to retire here in Canada, is during their last year of work or business activity. This would then ensure them that they can then maximize their points for successful immigration to Canada.

S. David Aujla practices immigration law with the firm of Morahan & Aujla, email: daujla@victorialaw.com, website: www.victorialaw.com

 

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