International Students: Permanent Residence Options And Application Process

International students who wish to transition to permanent residence in their host country often have many pathways available to them. In Canada, for example, international students can benefit from having ties to a specific province, Canadian work experience, or a Canadian educational credential. Similarly, in the United States, international students can apply for permanent residency through various means, including sponsorship by a U.S. citizen or permanent resident relative. Obtaining permanent residency can be a complex process, requiring an in-depth review of each individual's case, and it is important to note that students must maintain a residence abroad with no intention of giving up their student visa status.

Can an international student apply for permanent residence?

Permanent residency requirements for international students in the US

International students can apply for permanent residency in the US, but the process is complex and can take anywhere from 1.5 to 6 years or more. Here are the general requirements and steps for obtaining US permanent residency (also known as a "Green Card") as an international student:

Eligibility Criteria

To be eligible for US permanent residency, international students typically need to meet certain criteria, which may include their immigration history, academic credentials, professional experience, and reputation within their field. Some common ways to obtain permanent residency include:

• Employment sponsorship: International students can seek employment opportunities that offer sponsorship for permanent residency. This often involves working with the employer to demonstrate that there are no qualified US citizens available for the position and that the international applicant is the best-qualified candidate.
• Family relationship: Marrying a US citizen or having a close family member who is a US citizen can be a pathway to permanent residency.
• Lottery: In some cases, a lottery system may be used to award permanent residency to international applicants.

Application Process

The application process for US permanent residency typically involves the following steps:

• Consult an immigration attorney: Due to the complexity of the process, it is highly recommended to seek the advice of a qualified immigration attorney who can guide you through the specific requirements and procedures.
• File the necessary forms: The application for permanent residency typically involves filing various forms, including the Adjustment of Status (AOS) application and Form I-485, with the United States Citizenship and Immigration Services (USCIS). The specific forms and documentation required may vary depending on individual circumstances.
• Provide supporting documentation: In addition to the standard forms, applicants may need to submit a range of supporting documents, such as academic transcripts, professional references, and proof of financial stability.
• Wait for processing: The processing time for permanent residency applications can vary widely, depending on factors such as filing methods and government processing times. It is important to stay up to date with the current processing times through the USCIS website or an immigration attorney.
• Attend an interview: USCIS may require an interview as part of the application process, particularly for employment-based applications.
• Receive a decision: If the application is approved, the permanent resident card (Green Card) will be mailed to the applicant.

It is important to note that the requirements and processes for obtaining US permanent residency may change, and it is always best to refer to official government sources or consult an immigration attorney for the most up-to-date and accurate information.

Permanent residency requirements for international students in Canada

Canada offers multiple pathways for international students to obtain permanent residency. Tens of thousands of former international students become Canadian permanent residents annually. International students can apply for permanent residency while studying in Canada or after completing their studies, provided they meet the requirements of the Canadian immigration program they are applying for.

One of the first steps to immigrate to Canada as a skilled worker is to complete an Express Entry profile. The Express Entry system is the federal system for managing permanent resident applications. The Canadian Experience Class (CEC) is one of the fastest ways to obtain permanent residency in Canada. The CEC requires applicants to have at least 12 months of continuous, full-time, skilled work experience in Canada within the previous three years or an equivalent amount in part-time experience. The Federal Skilled Worker Program (FSW) is another option for international students. It is a merit-based program that uses a points-based Comprehensive Ranking System (CRS) score to rank candidates. The FSW program requires applicants to have a minimum of 12 months of full-time, continuous, skilled work experience, completed in any country.

Each of Canada's provinces and territories operates its own immigration programs, called Provincial Nominee Programs (PNPs). The province of Quebec, for example, operates its own immigration system with requirements different from the rest of the country. Quebec's two main permanent residence programs are the Quebec Experience Program (PEQ) and the Quebec Skilled Worker (QSW) program. The PEQ requires students to have completed their program of study or be within six months of completing their studies at an institution in Quebec, as well as demonstrate an advanced intermediate knowledge of oral French. The QSW program is for international students who have completed or are in the process of completing an educational credential in Quebec.

International students who graduate from a Designated Learning Institution (DLI) in Canada may need to gain work experience to build eligibility for many economic PR programs. This can be done through a Post-Graduation Work Permit (PGWP), which allows graduates to work for most employers in most industries anywhere in Canada.

The process of obtaining a Green Card in the US

International students can apply for permanent residence in the US, but the process of obtaining a Green Card is complex and time-consuming, typically taking between 1 and 3 years. Here is an overview of the process:

Eligibility

First, determine your eligibility. There are various immigration categories under which an individual can be approved for US residency. These categories are prioritized based on a preference system, and you must meet the criteria for at least one of them to be eligible. The specific steps and procedures for obtaining a Green Card will depend on the category you fall under and your individual situation.

Petition

If you are eligible, someone usually needs to file an immigrant petition for you, often referred to as sponsoring you. However, in some cases, you may be eligible to file for yourself.

Application

After the petition, you will need to fill out a Green Card application, Form I-485, Application to Register Permanent Residence or Adjust Status. Most people will need to complete at least these two forms: the immigrant petition and the Green Card application.

Processing

The next steps will depend on whether you are applying from within the US ("adjustment of status") or outside the US ("consular processing"). This process will involve an in-depth review and analysis of your case, including your immigration history, academic credentials, professional experience, and reputation within your field.

Approval

Once your application is approved by USCIS or the Department of State, and an immigrant visa number is available, you will be granted Lawful Permanent Resident status. A Green Card allows you to live and work permanently in the United States and is issued for 10-year periods.

The benefits of Canadian permanent residency for international students

Canada has several benefits for international students who want to apply for permanent residency. Firstly, Canada's immigration programs often favour applicants with a connection to the country, such as Canadian work experience or a Canadian educational credential. International students in Canada can leverage their time studying in the country to build these connections and increase their chances of obtaining permanent residency.

Another advantage is that international students in Canada are already familiar with the country's culture, lifestyle, and social norms, which can make the transition to permanent residency smoother. They may also have established a network of friends, mentors, and professional connections that can support them during their journey towards permanent residency.

Additionally, Canada offers a range of immigration programs that provide accelerated pathways to permanent residency for international student graduates. One of the most common routes is the Canadian Experience Class (CEC) program, which recognises Canadian work experience and provides extra points for Canadian education. The Federal Skilled Worker (FSW) program is another option for skilled workers with foreign work experience, and it also offers additional points for Canadian educational credentials. These programs are managed through the Express Entry system, which assigns a score to each applicant and invites top-ranked candidates to apply for permanent residency.

Furthermore, international students in Canada have the opportunity to gain valuable work experience through post-graduation work permits. These permits allow graduates to remain in Canada after their studies and work with any employer, helping them build the required skilled work experience needed for permanent residency applications. The majority of international student graduates in Canada are eligible for these permits, which can be a crucial stepping stone towards permanent residency.

Visa requirements for permanent residency

International students can apply for permanent residency in a country, but the requirements vary depending on the country. Here are the visa requirements for permanent residency in Canada and the United States:

Canada

Canada has several immigration programs that offer pathways to permanent residency for international students. Many of these programs are operated through the Express Entry system, which manages permanent resident applications. Here are some key programs and requirements:

• Canadian Experience Class (CEC): This is one of the fastest ways to obtain Canadian permanent residence. Eligibility factors include age, language proficiency, and level of education.
• Federal Skilled Worker (FSW) Program: This program is merit-based and uses a points-based Comprehensive Ranking System (CRS) score to rank candidates. It does not require Canadian work experience but mandates a minimum of 12 months of full-time, continuous skilled work experience.
• Quebec Experience Program (PEQ): This program is for students who have completed or are close to completing their studies in Quebec. It requires advanced intermediate oral French language knowledge.
• Quebec Skilled Worker (QSW): This program is for international students who have completed or are completing an educational credential in Quebec.
• Post-Graduation Work Permit: International student graduates in Canada are often eligible for this permit, which allows them to gain valuable Canadian work experience, benefiting their permanent residence application.

United States

In the United States, permanent residency for international students is associated with obtaining a "green card." Here are some key considerations:

• Application Process: International students can apply for U.S. permanent residency, but they will be considered international students until they submit proof of their green card to the relevant authorities.
• Travel Considerations: Permanent residents are free to travel outside the U.S., but temporary or brief travel usually does not affect permanent resident status. Absences of one year or longer may impact continuous residency requirements for naturalization.
• Re-entry Requirements: A re-entry permit is required if a permanent resident remains outside the U.S. for more than two years. They may need to apply for a returning resident visa (SB-1) and undergo a medical exam.

Frequently asked questions