Hong Kong Immigration To Canada
Temporary Hong Kong PR Pathway
The series of recent events deteriorating human rights in Hong Kong has been cause of major concern to Canada. Canada’s relationship with the people of Hong Kong is very well established, which is why the Government of Canada has created a temporary public policy to facilitate the immigration of Hong Kong residents to Canada. The policy was put in place on June 1, 2021 and will be in effect until August 31, 2026.
The public policy provides two streams to permanent residence for Hong Kong residents who have either studied or worked in Canada.
Stream A: In-Canada Graduates
In order to be eligible for this stream, the foreign national must have graduated from a designated post-secondary institution in Canada within the last 3 years preceding the application.
They must have obtained at least one of the following:
- A degree (associate, bachelor’s, master’s or doctoral)
- A diploma (not graduate or post-graduate) from a program at least 2 years in length
- A graduate or post-graduate diploma/certificate from a program at least 1 year in length
At least 50% of the program must have been physically completed in Canada, whether it was in person or online.
Stream B: Canadian Work Experience
This stream requires the foreign national to have worked for at least 12 months full-time (or an equal amount of part-time hours) in Canada, in the 3 years immediately preceding the application.
They must also have graduated within the 5 years immediately preceding the date of the application with one of the following:
- A degree, a diploma (from a program at least 2 years in length)
- A graduate or post-graduate credential (from a program at least 1 year in length) from a designated post-secondary institution in Canada or abroad.
In order to qualify for one of the two streams of the temporary pathway, the foreign national must also meet all of the following criteria:
- Hold a valid passport issued by Hong Kong Special Administrative Region of the People’s Republic of China, or United Kingdom to a British National (Overseas) as a person born, naturalized or registered in Hong Kong
- Physically present in Canada when applying and receiving PR
- Hold valid temporary resident status in Canada
- Intend to live in Canada in a province or territory other than Quebec
- Must meet the language requirements of minimum CLB/NCLC 5 in English or French
- Not inadmissible to Canada
The Refugee Protection Act (the Act) and Refugee Protection Regulations (the Regulations) grant permanent residence to family members of principal applicants who are living in Canada.
The foreign national (family member) must meet the following requirements:
- The foreign national is in Canada
- The foreign national has been included as an accompanying family in an application for permanent residence by a principal applicant under this public policy
- The foreign national meets the definition of a “family member” in subsection 1(2) of the Regulations
- The foreign national is not inadmissible pursuant to the Act and Regulations
- A delegated officer has determined that the principal applicant meets all eligibility requirements pursuant to this public policy
The Act and the Regulations allow exceptions to the requirements for family members of principal applicants not living in Canada applying for PR. The foreign national (family member) must meet the following conditions:
- The foreign national residing outside Canada has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy
- The foreign national meets the definition of family member in subsection 1(3) of the Regulations
- The foreign national is not inadmissible pursuant to the Act and Regulations
- A delegated officer has determined that the principal applicant meets all eligibility requirements pursuant to this public policy
This temporary pathway is an efficient way for foreigners to obtain PR if they are already working or studying in Canada. However, if they do not have any Canadian experience, they must first obtain the appropriate permits and visas to come to Canada.
Students wanting a Canadian education can apply for a study permit to a designated Canadian learning institution. If they graduate before August 31, 2026, they may qualify for a PR under Stream A.
Recent graduates from Hong Kong may be eligible to apply for an open work permit in Canada to qualify under Stream B. This will provide them with Canadian work experience required to obtain a PR under this pathway.
Besides this temporary pathway, there are various other immigration streams that Hong Kong residents can choose from to obtain PR in Canada.
Federal Express Entry is the main pathway chosen to Canadian PR. It is based on a ranking system, where eligible candidates must prove high scores to be invited to apply.
Another popular pathway is the Provincial Nominee Program, in which the provinces and territories of Canada nominate candidates they wish to have reside there. The provinces determine what type of work experience is needed to benefit the economy and usually seek specific skills or those with experience in key sectors.
One of the fastest and most efficient ways to obtain a Canadian PR is through business immigration. Hong Kong residents and entrepreneurs who have sufficient funds can use this program to invest in a new business or move an existing business to Canada and begin a new life with their family while obtaining PR.
How Titan Law Can Help
Titan Law is a leading immigration law firm in Vancouver, Canada. Our lawyers are experienced and highly knowledgeable in this area of law, and have helped hundreds of applicants successfully immigrate from Hong Kong to Canada.
Our areas of practise include: personal and business immigration, refugee law, civil litigation, corporate and franchise law, real estate conveyancing and wills and estates. We will be able to ensure all aspects of your new life in Canada are taken care of.
We are a diverse team of professionals, offering legal services in English, Mandarin, Cantonese, Spanish and Russian.
Contact Titan Law today to schedule a FREE consultation to get more information about immigrating to Canada today!