Canadian Immigration Processing Still Has “High Error Rate”

How Canada Uses DNA Tests As Part Of Family Immigration and Citizenship Processing?

Canada uses DNA tests to verify family relationships in case of insufficient documentation, particularly for family immigration and citizenship processing. IRCC approves and accepts DNA tests done in verified labs as proof of relationships. Individuals who fail to submit the required documentation as evidence of biological relationships for family immigration would be required to undergo the DNA tests.

DNA tests taken for family immigration and citizenship processing will be considered the last option to prove your relationship in the absence of necessary documentation, particularly for parent-child and sibling relations. Applicants must take complete responsibility and bear the full costs of the DNA test; failure to do so can delay visa applications and, in some cases, can also cause visa rejections.

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What is the DNA test for immigrants?

Canada does not always ask for DNA tests for family immigration; the IRCC only requests a DNA test when the submitted documentation, such as adoption papers or birth certificates, fails to confirm family ties or relationships between the sponsor and applicant. Before requesting a DNA test, authorities will conduct an interview and issue a Procedural Fairness Letter (PFL). Applicants who do not clear this will have to undergo a DNA test, which will be the last option to legally confirm the relationship.

The IRCC officials will explain their concerns regarding the application and reasons for needing a DNA test. Applicants who are asked to take the DNA test are always given an option of whether or not to get it done. Those who voluntarily do it will have a chance of testifying their relationship, while those who opt out often end up with refused applications because they cannot prove their relationships.  

Who may be tested?

Generally, parent-child, siblings, and other kinship relationships are asked to undergo a DNA test for family immigration and citizenship processing.

Parent-child relationships:

• Child
• Mother & father (if required and possible)

Note: The DNA test can also be done in the absence or unavailability of one parent.
 

Siblings and other relationships:

• Siblings
• Parents (or their siblings)
• Other relatives or kinship (blood relatives)
   

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DNA Testing process in Canada

DNA testing is an official process required for Canadian immigration. It must be done when the applicant cannot submit proper documentation to prove the relationship between themselves and the sponsor. It is mainly done as part of family immigration and the Canadian citizenship process. The DNA test can be done from within Canada and overseas. The process usually involves collecting cheek swabs with a buccal swab, followed by a chain of custody protocol to ensure the sample is intact.  

Given below is a complete step-by-step guide to help you understand the DNA testing process:

DNA Test in Canada 

Here is a step-by-step process of how the DNA test is done in Canada:

Step 1: IRCC issues a DNA letter to the applicant or client

Step 2: The applicant chooses an SCC-accredited lab

Step 3: An appointment will be booked for the DNA sample submission

Step 4: The applicant must arrange the requirements for the DNA test (IRCC-issued DNA letter, two ID proofs, two copies of the latest passport-sized photographs, and a signed consent form confirming your approval for the test)

Step 5: The applicant attends the appointment and submits the above requirements

Step 6: Await the results.

Things the lab must do:

• The lab must properly verify the applicant’s identity and the documentation
• The sample kit must be untouched and not tampered with
• Complete the custody record
• The sample must be sent to the lab via fast shipping in a secure manner
• The samples must be delivered within 7 days

Here is a step-by-step process of how the DNA test can be done outside Canada:

DNA test for immigration:

Step 1: IRCC contacts the migration offices abroad and coordinates with them

Step 2: Applicants can then schedule a DNA test at the nearest local migration office

Step 3: The migration officer will be present throughout the collection and oversee the shipping of the sample.

DNA test for Citizenship:

• The DNA test will be managed by the migration or Canadian consular offices
• The coordination of the process will be done based on the applicant’s location and the parent in Canada

The IRCC provides remote witnessing for the DNA sample collection, which will be done via the International Organization for Migration (IOM) at select locations. The DNA test samples will be collected on site, and the video taken will be verified and approved by the immigration officer.

Also read…

How to get Canadian citizenship after Canadian immigration?
 

Who is authorized to conduct the DNA tests?

Many Canadian organizations and companies are permitted to conduct DNA tests for immigrants. Private companies in Canada, like Forensics Canada Inc. and Canadian DNA Services, are authorized to perform the DNA tests. However, Standards Council of Canada (SCC) accredited labs will only be accepted by the IRCC. Registered DNA experts from these companies will collect the samples from the testing labs and send them to the respective workplaces.
 

How much does a DNA test cost in Canada?

No standard fee is set for the DNA test, as it is only required upon IRCC request. The cost of the DNA test may differ based on the lab and generally range from CAD 400 to CAD 800 for a single test. The cost may also vary based on the relationship to be tested and the total number of individuals doing the test.

What should you do when you receive a notice for the DNA test?

A notice for a DNA test is usually issued only when IRCC needs further verification of the relationship between the applicant and the sponsor.

Here are some steps you can follow when you receive a notice for the DNA test:

Step 1: Understand the nature of the notice

You must first determine whether the notice was court-ordered (mandatory) or a voluntary request (optional)

Step 2: Be thorough with the legal and financial outcomes

You would be required to go to a court and a judge who has ordered the test, whereas for a voluntary request, refusing to take the test can affect the process for which the test is being done.

Step 3: If you decide to take up the test

First, locate a lab accredited by trusted organizations such as the American Association of Blood Banks (AABB). Then, submit the DNA samples to the healthcare provider, who will send them to a lab for analysis.

Step 4: Consult experts (if required)

Consult a trusted advocate if the test is needed for legal proceedings.
 

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What is the 5 year work visa in Australia?

The Subclass 491 or the Skilled Work Regional (Provisional) visa allows skilled migrants to reside, study, and work in Australia for up to 5 years. Subclass 491 is one of the most preferred pathways for skilled workers looking to live and work in any of the designated regional areas of Australia. To qualify for a Skilled Work Regional (Provisional) visa, you must have a valid nomination from the Australian territory or state government, score the required points in the points test, and have a valid skills assessment, along with other criteria. Along with the 491 visa, there are also other provisional work visas, such as the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494), with a validity of 5 years. Both visa pathways allow you to apply for PR in Australia after meeting the residency requirements.

*Looking to work in Australia? Get in touch with experts at Y-Axis to assist you with the steps.
 

Types of 5-year work visas in Australia

Many work visa options are available in Australia; however, there are only two major 5-year work visas for individuals looking to reside in Australia for up to 5 years.

The two different types of 5-year work visas in Australia are:

• Skilled Work Regional (Provisional) Visa (subclass 491): The 491 visa is particularly for skilled workers looking to live, work, and even study in Australia for up to 5 years. An eligible family member in Australia must invite you or have a state nomination to qualify for the visa. The 491 visa also allows you to apply for permanent residence through the Subclass 191 visa pathway after living in the country for at least 3 years.
• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494): The 494 visa is for skilled workers who have received sponsorship from a regional Australian employer. It is a type of temporary visa that allows you to stay for a maximum of 5 years in the country.

Note: Both the provisional visas allow individuals to stay in Australia for up to 5 years, providing a pathway to PR, upon eligibility.

Also, read…

What is the difference between Subclass 491 and 494 visas?
 

Who can apply for a 5-year work visa in Australia?

To be eligible for a 5-year work visa in Australia, you must meet the following criteria:

• Have a valid and original passport
• Have an occupation that is listed on the eligibility List
• Must have an Invitation to apply for the visa
• Be under 45 years of age to receive an invitation to apply
• Have a valid skills assessment
• Have English language proficiency  
• Meet the given health requirement
• Have a criminal clearance record (character requirement)

*Want to know more about Australian visas? Get in touch with experts at Y-Axis to guide you with the process. 
 

How to choose the right Australian 5-year work visa?

You can follow the simple steps given below to pick the right Australian 5-year work visa:

Step 1: Check your visa eligibility pathway

Check if you have a sponsoring employer visa (subclass 494 visa), have a nominated occupation in the skilled list (subclass 189 visa), or if you qualify for the Working Holiday visa.

Step 2: Check your occupation for the visa

After completing the above step, you must check if your occupation is listed on the eligible skilled occupations list.

Step 3: Skills Assessment

Get a positive skills assessment for your nominated occupation from any registered authorities.

Step 4: Points-test (if required)

You must score at least 65 points to qualify for skilled visas. The points-based system is only required to be taken if applicable.

Step 5: Meet the other eligibility criteria

Once you have completed all the above steps, you must also ensure that you meet the required eligibility criteria based on the visa you are applying for (Age, English language, sponsorship, nomination, health requirements, etc.).

Step 6: Apply for the visa

As the last step, after eligibility, you must gather all the necessary documents, pay the application fee, and submit your visa application.
 

*Are you looking for step-by-step assistance with Australian immigration? Contact Y-Axis, the world’s No. 1 overseas immigration consultancy, for end-to-end assistance!
 

Frequently Asked Questions:

1. What is the 5-year work visa in Australia?

Subclass 491 (Skilled Work Regional (Provisional) visa) is a 5-year work visa in Australia. The 491 visa allows skilled workers to reside, study, and work in designated regional areas of Australia for up to 5 years. The Subclass 494 or the Skilled Employer Sponsored Regional (Provisional) visa is another pathway that allows you to stay in Australia for 5 years. However, before applying for the 5-year work visa in Australia, it is advised to check which visa type suits your profile the best.

 

2. Which Australian visa offers a 5-year stay?

The two main Australian visas that offer a 5-year stay are as follows:

• Skilled Work Regional (Provisional) visa (subclass 491): You must be nominated by an Australian state government or territory to qualify for this visa. The 491 visa allows you to apply for permanent residency via Subclass 191 after spending at least 3 years in Australia.
• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494): To qualify for this visa, you must be sponsored by an employer from a regional Australian area. The Subclass 494 visa also offers a pathway to PR.

Note: Both visa types are provisional visas for skilled workers looking to live and settle in designated regional areas of Australia.

 

3. Can the 5-year work visa lead to Australian PR?

Yes, a 5-year work visa, such as the Subclass 491 visa, can lead to Australian PR. With a Subclass 491 visa, you can qualify for permanent residency after staying in Australia for 3 years. You must have spent at least 3 years in Australia and fulfil specific other eligibility requirements to be eligible for Australian PR. After completing at least 3 years of residence with a 5-year work visa, you can apply for a PR with a Subclass 491 or Permanent Residence (Skilled Regional) visa.

 

4. Who can apply for a 5-year work visa in Australia?

Skilled foreign workers can apply for a 5-year work visa in Australia. Work visas such as the Skilled Work Regional (Provisional) visa (subclass 491) and the Skilled Employer Sponsored Regional visa (subclass 494) allow you to stay, study, and work in Australia for up to 5 years. You must also meet specific eligibility criteria, such as:

• Have an occupation on the relevant skills list
• Have a positive skills assessment
• Sponsorship from an Australian family member or employer in Australia
• Nomination from the Australian state or territory government
• Must be proficient in the English language
• Be under 45 years of age
   

5. Do I need to meet the Australian points test to get a 5-year Australian work visa?

You must meet the Australian points test for a 5-year Australian work visa only if you are looking to apply for a skilled migration visa (Subclass 189, 190, or 491 visa). One of the requirements for a skilled migration visa is to get at least 65 points in the Australian points test, which can get you an Invitation to Apply. It is also important to note that the points-based test does not guarantee an invitation; you must also meet other eligibility criteria to get a 5-year work visa in Australia.

 

6. How do I choose the right 5-year Australian work visa?

To choose the right 5-year Australia work visa, you must first check your eligibility, skills, and qualifications for regional migration. You can also follow the steps below to help you choose the right 5-year Australian work visa:

Step 1: Check if your occupation is on the Skilled Occupation List

Step 2: Get a skills assessment

Step 3: Check if you are eligible for regional migration

Step 4:  Get a nomination

Step 5: Arrange the requirements

Step 6: Fill out the visa application form and pay the required fee

Step 7: Apply for the visa

 

7. How long can I stay on these 5-year Australian work visas?

You can stay for a maximum of 5 years on these 5-year Australian work visas. The 5-day period starts from the date the visa is issued, allowing you to reside, study, or work in a designated regional area of Australia. With a 5-year work visa, you can also qualify for permanent residence after residing in the country for at least 3 years. You can also travel in and out of Australia without any restrictions during your visa validity.