U.S. citizen or permanent resident (green card holder)

If you are a citizen or permanent resident of the United States, you can come to Canada quite easily as a visitor, without a visa. However, if you have a criminal record, you should talk to a Canadian immigration lawyer before trying to come to Canada even as a visitor.

If you want to work or study in Canada, or if you want to immigrate to Canada (live here permanently), you must meet other requirements, even if you are a U.S. citizen or green card holder. You will usually need a work permit or study permit, and you will usually have to apply for the permit before coming to Canada. Talk to a Canadian immigration lawyer about the options. Or visit the official Canadian immigration website: www.cic.gc.ca

Not a U.S. citizen or permanent resident?

If you are not a citizen or permanent resident of the United States, you cannot automatically come to Canada, even for a visit. If you want to fly to Canada, you will need either a visa or an eTA (electronic travel authorization). If you arrive in Canada via the land border, you will not need an eTA but you might need a visa, depending on your country of nationality.

Work in Canada

If you want to work in Canada legally, you will usually need a work permit, which usually means you need a job offer from a Canadian employer. The Canadian employer should talk to a Canadian immigration lawyer for more information, as there are often strict requirements to make sure no Canadians/permanent residents are available for the job before they can offer it to a non-Canadian. Exceptions make this process  easier for people coming to work for religious organizations in Canada and also for specific kinds of jobs  offered to citizens of Mexico, Colombia, Peru, Chile and Korea.

However, please be aware that getting a work permit will not be so easy if you have no status in the United States.

Live in Canada permanently

If you want to immigrate to Canada as a permanent resident, you can apply even if you have no status in the United States. (However, you will not be able to come to Canada until your application is approved, which could be several months.)

Canada has two main immigration programs for people applying from outside Canada (Federal Skilled Worker and Federal Skilled Trades) and one program for people who already have legal work experience in Canada (Canadian Experience Class). In addition, each of Canada’s provinces and territories has its own immigration program (look up Quebec-selected skilled workers or Provincial Nominee Programs on the Canadian government website: www.cic.gc.ca). There are also some opportunities for people wanting to buy or invest in Canadian businesses.

You will usually have a better chance to be accepted as an immigrant to Canada if you have:

• post-secondary education – university, college or technical training (and you must demonstrate your education by obtaining an Educational Credential Assessment -ECA – see government website www.cic.gc.ca)
• good English or French (and you must demonstrate your ability by doing an approved language test – IELTS for English or TEF for French – see government website www.cic.gc.ca)
• at least one year’s experience in an occupation that is professional, managerial or in a skilled trade (experience can be in any country and it does not matter if it was authorized work or not, except if it was in Canada it must have been authorized work)
• a permanent job offer in Canada (not as simple as it sounds – again, the Canadian employer should talk to a Canadian immigration lawyer for more information, as there are often strict requirements to make sure no Canadians/permanent residents are available for the job before offering it to a non-Canadian)

On the other hand, it will be more complicated to be accepted to immigrate to Canada if you or your spouse has a criminal record or certain kinds of immigration problems. However, it might still be possible – it depends on the exact criminal record or immigration problem.

If you are approved to come to Canada as a permanent resident, your family will be able to come too – that is, your dependent children and your spouse (common-law or legally married, same-sex or different sex).

Refugee and similar programs

If you want to come to Canada to make a refugee claim (that is, if you fear persecution or face serious risks in your country of origin), and if you come to Canada’s land border, you must usually have a family member already living in Canada (because of the Safe Third Country Agreement). Otherwise you will not be allowed to make a refugee claim at the border, and you could be deported to your country of origin when you get turned back to the U.S.

Note: This rule does not apply if you either have a visa to enter Canada, or if Canada does not require citizens of your country to have visas – in those circumstances you may make a refugee claim at Canada’s land border even if you do not have a family member here.

If you are already in Canada and want to make a refugee claim, or if you are arriving in Canada by air, you also do not need to have a family member already living in Canada. You can make a refugee claim.

If you are thinking of making a refugee claim in Canada, please talk to a Canadian refugee lawyer first, and if you are still in the U.S.  talk to one of the non-profit agencies in the U.S. that helps refugees – for instance, Vive La Casa near Buffalo or Freedom House in Detroit.   These agencies can provide shelter and also important information, guidance and support before you make a refugee claim in Canada.

If you do not want to make a refugee claim but you think there are humanitarian and compassionate reasons why you should be allowed to stay in Canada, please talk to a Canadian immigration lawyer.