Canadian Immigration Questions and Answers with Sir David Cohen

[Kanamen]

My partner and I have been together for ten years, but are not married because same sex marriage is illegal in our country. She is currently in Canada on a 5 year study visa. Are there any options for her sponsoring me to come to Canada?

Two individuals who have cohabitated in a conjugal relationship (same sex or not) for at least one year are considered to be common-law partners for Canadian immigration purposes. Common-law partners may accompany or join their common-law partner, who is on a valid Canadian study permit. However, this is not considered sponsorship.
Moreover, the common-law partner who does not hold the study permit must satisfy the Canadian immigration officer that the common-law relationship is genuine and that the individual will leave Canada at the end of the permitted entry. Also, note that entry to Canada can be denied, and a study permit revoked on the grounds of misrepresentation. Failure to disclose a common-law relationship, if asked, when applying for any type of entry to Canada may be construed as misrepresentation.

I would like to sponsor my sibling, who is over 18 and has a junior high school education. What programs, if any, are available to me?

There are a number of programs that allow individuals to sponsor family members for Permanent Residency. Family Class sponsorship, in special circumstances, is available at the Federal level. At the Provincial level, family sponsorship programs are available in the following provinces: Saskatchewan, Manitoba, Newfoundland & Labrador, Prince Edward Island, Nova Scotia, and New Brunswick. Please note that requirements vary for each program.

I have been accepted to a Canadian PhD program. I would like my children to accompany me, but they will need to receive study permits. How should I go about this?

Minor children who are already in Canada with parents who can work or study in Canada and who want to attend pre-school, primary, or secondary school in Canada can do so without a study permit. When minor children studying in Canada without a permit reach the age of majority (turn 18 or 19 depending on the province or territory), they must apply for a permit if they want to continue studying.

I work from 9am to 3pm five days a week, and also take evening university classes. Can I gain points for both professional and educational experience under the Federal Skilled Worker Program?

Under the Federal Skilled Worker program, points can be gained for work experience and education if one works and studies at the same time. Keep in mind that full-time work in Canada is calculated at 37.5 hours per week full-time study is calculated at 15 hours of classroom study per week.

If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM

 

[kg_bang]

My partner and I have been together for ten years, but are not married because same sex marriage is illegal in our country. She is currently in Canada on a 5 year study visa. Are there any options for her sponsoring me to come to Canada?

Two individuals who have cohabitated in a conjugal relationship (same sex or not) for at least one year are considered to be common-law partners for Canadian immigration purposes. Common-law partners may accompany or join their common-law partner, who is on a valid Canadian study permit. However, this is not considered sponsorship.
Moreover, the common-law partner who does not hold the study permit must satisfy the Canadian immigration officer that the common-law relationship is genuine and that the individual will leave Canada at the end of the permitted entry. Also, note that entry to Canada can be denied, and a study permit revoked on the grounds of misrepresentation. Failure to disclose a common-law relationship, if asked, when applying for any type of entry to Canada may be construed as misrepresentation.

I would like to sponsor my sibling, who is over 18 and has a junior high school education. What programs, if any, are available to me?

There are a number of programs that allow individuals to sponsor family members for Permanent Residency. Family Class sponsorship, in special circumstances, is available at the Federal level. At the Provincial level, family sponsorship programs are available in the following provinces: Saskatchewan, Manitoba, Newfoundland & Labrador, Prince Edward Island, Nova Scotia, and New Brunswick. Please note that requirements vary for each program.

I have been accepted to a Canadian PhD program. I would like my children to accompany me, but they will need to receive study permits. How should I go about this?

Minor children who are already in Canada with parents who can work or study in Canada and who want to attend pre-school, primary, or secondary school in Canada can do so without a study permit. When minor children studying in Canada without a permit reach the age of majority (turn 18 or 19 depending on the province or territory), they must apply for a permit if they want to continue studying.

I work from 9am to 3pm five days a week, and also take evening university classes. Can I gain points for both professional and educational experience under the Federal Skilled Worker Program?

Under the Federal Skilled Worker program, points can be gained for work experience and education if one works and studies at the same time. Keep in mind that full-time work in Canada is calculated at 37.5 hours per week full-time study is calculated at 15 hours of classroom study per week.

If you would like your general immigration question to be featured in our newsletter, please email your question to QNA @ CICNEWS.COM

Kanamen sir,

even i want to call my sister to canada along wid her husband and baby. im still in my home land. wht could b the best possible option? accordingly i will choose my province to settle.
plz give some advise.

regards,
kg

 

[Kanamen]

even i want to call my sister to canada along wid her husband and baby. im still in my home land. wht could b the best possible option? accordingly i will choose my province to settle.
plz give some advise.

You can sponsor them if you meet the requirements as mentioned in the link below
http://www.saskimmigrationcanada.ca/family-members

 

[Kanamen]

I believe my Federal Skilled Worker application, which I submitted in 2006, is among those that will be returned. I still want to immigrate to Canada. Am I eligible to reapply?

There is no rule in place barring applicants whose files are returned from preparing and submitting a new application to the Federal Skilled Worker program or other programs to which they are eligible. However, it is important to note that eligibility requirements change regularly. If a person wishes to prepare a new application, they should first fill out a free assessment form to see what programs are available to them.

My husband and I are thinking about immigrating to Canada. We recently learned that we are expecting our first child. How will this affect an application to Canada?

Assuming a child is healthy, an application will not be negatively affected by their inclusion. In fact, for the Quebec Skilled Worker program, having children will allow applicants to receive a maximum of 8 points on the Quebec Selection Grid, thus strengthening an application.

My family applied to the Federal Skilled Worker program. However, we just went through a divorce. How does this affect my application? Will I be able to bring my children to Canada?

How a divorce affects an application depends on a few different factors. Firstly, it depends on who was the principal applicant in the Federal Skilled Worker application.
The principal applicant must see if they claimed points for their spouse’s education or adaptability. If they are still eligible to apply, they may proceed with the application. However, if they no longer meet points requirements, their application will be refused.
The person who is not the principal applicant will not be able to continue applying with their former spouse. They can, of course, prepare and submit their own application.
As for the children, they may still accompany one parent to Canada provided that the custody agreement allows for this. The parent moving to Canada will also have to present an official letter of no objection from their former spouse, stating that the children may accompany the parent to Canada.

I currently live in the United States, but I am out of status. I have paid taxes and have never been arrested or deported. Can I apply for Canadian immigration?

Individuals living in a country out of status may still apply for Canadian Permanent Residency. The fact that they are out of status will have no bearing on the overall application.

Applicants to Quebec immigration programs should be aware that years of work experience, which must be calculated for some applications, will only count if the work was accrued while the person was in status.
Applications for temporary residence made by an out of status individual will often be refused. Canadian authorities are in general not willing to issue a temporary visa to an individual who has already overstayed their temporary status in another country.

If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM

 

[Kanamen]

Will my occupation be included when the Federal Skilled Worker program reopens on January 1st, 2013?

The Minister of Immigration has indicated that all occupations listed under National Occupation Classification (NOC) levels O, A and B will be eligible under the revised Federal Skilled Worker Class. There is however, a strong probability, that there will be an overall cap or limit to the number of Federal Skilled Worker applications accepted for assessment.

I was granted Canadian Permanent Residency 15 years ago. I then found a job abroad, and have not returned since. Can I renew my Permanent Residency, or must I go through the entire application process again?

Canadian Permanent Residents must accumulate 2 years of “residency days” in each 5-year period in order to meet their residency obligations. If the residency obligation is not met and there are no extenuating humanitarian or compassionate reasons, then the Permanent Resident may lose status. In that case, a new application for Permanent Residence would have to be submitted.

My spouse and I received Canadian Permanent Residency. He was the principle applicant, and I am his dependent. If we were to split up or get divorced, would I lose my Permanent Residency?

While we do not comment on specific cases, in general terms if civil status changes (ex. divorce) before landing in Canada as a Permanent Resident it should be reported to Canadian immigration authorities, and it may affect eligibility. After landing, Permanent Residents are treated individually and a change in civil status would not normally make a difference.

I was arrested but not convicted for a criminal offense. Do I still need to address issues of admissibility to Canada?

You must answer all questions as they appear on application forms or as put to you by an immigration officer honestly. Generally, when an individual indicates that he/she has been arrested or detained, at the very least a detailed explanation would have to be provided. For the most part, only convictions would make an individual inadmissible to Canada, but there are exceptions.

If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM

 

[Kanamen]

Can my 18 year old child be included in an immigration application? What is the oldest my child can be and still be considered a dependent?

Yes, as a general rule dependent children can be included in an application for Canadian Permanent Residence. To be a dependent child for Canadian immigration purposes, a child must:
Be under the age of 22 and single when they first submit an application for Permanent Residence; or
Be married or entered into a common-law relationship before the age of 22 and, since becoming a spouse or common-law partner, has
Been continuously enrolled and in attendance as a full-time student in a post-secondary institution accredited by the relevant government authority; and
Depended substantially on the financial support of a parent; or
Be 22 years of age or older, and since before the age of 22, has
Been continuously enrolled and in attendance as a full-time student in a post-secondary institution accredited by the relevant government authority; and
Depended substantially on the financial support of a parent.

Family class sponsorship allows me to sponsor “close family members”. How is “close family member” defined for immigration purposes?

For Canadian immigration purposes, “close family members” include:
Spouses, common-law or conjugal partners
Dependent children (see previous question for more detail)
Children adopted outside of Canada or intended to be adopted in Canada
Brothers or sisters, nephews or nieces, grandsons or granddaughters who are orphans, under 18 years of age and not a spouse of common-law partner
Any other family member if there is no spouse, common-law or conjugal partner, son, daughter, mother, father, brother, sister, grandfather, grandmother, uncle, aunt, niece or nephew who is a Canadian citizen or permanent resident or whom may be sponsored

I have experience in a profession that is regulated in Canada. Do I have to become licensed to practice in Canada before submitting my immigration application?

Under the Federal Skilled Worker Class (FSWC) regulations, scheduled to become effective on January 1, 2013, educational credentials will need to be assessed for their Canadian equivalency by a government-designated credential assessment organization before a Permanent Resident application can be submitted. However, licensing in a particular profession often has an in-Canada component to the process and therefore will likely not be a requirement to the submission of a FSWC application.

I am a citizen of a country requiring a Temporary Resident Visa to enter Canada. However, I am also a US Green Card holder. Does this affect my ability to enter Canada at all?
The holder of a valid US Green Card does not require a Temporary Resident Visa to enter Canada, no matter the country of citizenship.

If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM

 

[honney]

Can my 18 year old child be included in an immigration application? What is the oldest my child can be and still be considered a dependent?

Yes, as a general rule dependent children can be included in an application for Canadian Permanent Residence. To be a dependent child for Canadian immigration purposes, a child must:
Be under the age of 22 and single when they first submit an application for Permanent Residence; or
Be married or entered into a common-law relationship before the age of 22 and, since becoming a spouse or common-law partner, has
Been continuously enrolled and in attendance as a full-time student in a post-secondary institution accredited by the relevant government authority; and
Depended substantially on the financial support of a parent; or
Be 22 years of age or older, and since before the age of 22, has
Been continuously enrolled and in attendance as a full-time student in a post-secondary institution accredited by the relevant government authority; and
Depended substantially on the financial support of a parent.

Family class sponsorship allows me to sponsor “close family members”. How is “close family member” defined for immigration purposes?

For Canadian immigration purposes, “close family members” include:
Spouses, common-law or conjugal partners
Dependent children (see previous question for more detail)
Children adopted outside of Canada or intended to be adopted in Canada
Brothers or sisters, nephews or nieces, grandsons or granddaughters who are orphans, under 18 years of age and not a spouse of common-law partner
Any other family member if there is no spouse, common-law or conjugal partner, son, daughter, mother, father, brother, sister, grandfather, grandmother, uncle, aunt, niece or nephew who is a Canadian citizen or permanent resident or whom may be sponsored

I have experience in a profession that is regulated in Canada. Do I have to become licensed to practice in Canada before submitting my immigration application?

Under the Federal Skilled Worker Class (FSWC) regulations, scheduled to become effective on January 1, 2013, educational credentials will need to be assessed for their Canadian equivalency by a government-designated credential assessment organization before a Permanent Resident application can be submitted. However, licensing in a particular profession often has an in-Canada component to the process and therefore will likely not be a requirement to the submission of a FSWC application.

I am a citizen of a country requiring a Temporary Resident Visa to enter Canada. However, I am also a US Green Card holder. Does this affect my ability to enter Canada at all?
The holder of a valid US Green Card does not require a Temporary Resident Visa to enter Canada, no matter the country of citizenship.

If you would like your general immigration question to be featured in our newsletter, please email your question to QNA @ CICNEWS.COM

Thank you for the posts...very informative

 

[Kanamen]

Can I apply for a Super Visa visiting Canada, or must I first return to my home country?

A Super Visa is only available to parents and grandparents of Canadian citizens and permanent residents. It allows the parents or grandparents to visit their relative in Canada and stay continuously in Canada for up to two years without leaving. However, the parents or grandparents who are in Canada on a Super Visa are not entitled to free healthcare and must have private medical insurance throughout their stay in Canada. Also, a Super Visa does not allow the visitor to work or study in Canada.
If a parent or grandparent of a Canadian citizen is visiting Canada on a regular visitor visa, they must apply for the Super Visa at a visa office outside Canada. In certain circumstances, Visa Offices located in the US will accept applications from visitors who are currently in Canada.

I have already taken (and scored highly on) an IELTS Academic test. Can this be used as proof of language proficiency?

At the present time, Citizenship and Immigration Canada only accepts the results of the IELTS General Test for proving language proficiency for immigration purposes.

I hear that new student visas will allow students to work off-campus on a part-time basis. I’m already in Canada on a study permit – can I start working off-campus, or do I need to get a new permit?

You must have a work permit to work off-campus. Under certain circumstances, existing foreign students are eligible to apply for work permits for part-time off-campus work. This policy will be more widely applied under the new rules announced recently for study permits. At the present time, you should contact the international student office at your educational institution to determine whether you are eligible for an off-campus work permit.

I want to get a multiple-entry visitor visa to Canada. Do I have to specifically request for my visa to be multiple entry?

Yes. The Government Fees payable for a multiple entry visitor visa are substantially higher than a single entry visa. You must indicate you are applying for a multiple entry visitor visa on the application form and submit the higher fees with your application.

If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM

 

[Kanamen]

1. I have friends who were granted permanent resident visas. When they applied for the said visas, they were common-law partners, as they cohabited without the benefit of marriage. Can they possibly enter into a contract of marriage in the Philippine before going to Canada? Will it affect their present visa?

Any change in civil status should be reported immediately to Canadian immigration authorities, even when such a change may cause a delay in the processing of the visa application. Changes in civil status that occur after a visa is issued but before the applicant has landed in Canada must also be reported to Canadian immigration authorities.

2. I am a 35 year-old postgraduate with 11 years of work experience. I am acting as an accompanying spouse in the Express Entry system. The Principal Applicant (PA), my wife, is a 34 year-old postgraduate. Her Comprehensive Ranking System (CRS) score is 371 and mine is 390. She was made PA because I thought the prospects of her getting a job was better with job NOC code 2231(electrical and electronics engineering). I am a construction engineer. Now I observe that the number of jobs listed under my occupation is double that of hers. Is it possible that I create a fresh profile with me as the PA, while also keeping her profile in the pool?

Yes, this is possible. Some couples may see the value of having two profiles in the pool, with both partners listed as the Principal Applicant on separate profiles. You should ensure that the information provided in both profiles is consistent, as discrepancies may be seen as misrepresentation.

3. I’m planning to start my immigration application to Canada next month. I have worked in the Kingdom of Saudi Arabia from 2003 to 2005 but the company that I worked for can’t provide a work certificate. I am currently working for a different company since 2006 that is willing to provide a work certificate. The question now is can I still submit my application without the work certificate from 2003-2005?

Whenever a candidate cannot provide an item listed under the required documents on the application checklist, he or she must explain why, as well as demonstrate that efforts were made to acquire the document(s) in question. Moreover, alternative documentation should be provided. In situations where obtaining a required work document proves to be difficult or impossible, alternative documentation may include items such as pay slips, an original job offer, proof of the company folding since 2005 (if that is the case), letters from former colleagues and/or a supervisor, and taxation records. This list is just suggested items, and not exhaustive. Also bear in mind that if documents on the required checklist are not provided and alternative documentation is provided in its place, the decision to allow the alternative documentation in lieu of the required documentation rests at the discretion of the Visa Officer overlooking the file. -
See more at: http://www.cicnews.com/2015/08/canadian-immigration-questions-answers-attorney-david-cohen-31-085743.html#sthash.VbLfgyjj.dpuf

 

[vee2011]

Sir. Pls help me in my case.
I applied in fedral skilled worker visa in 2014. My medicals have been done on june 5.

I was in usa with my spouse for 2 years on h1. My spouse was on -h4.
For that they asked for fbi reports. For both of us. After my -h1. We were going back and forth to usa on our b1 visa. Thos time they stopped my husband at airport and send him back under section 212.
Which is mentioned on his fbi report too.
Now i m worried will that affect on our pr for canada.
I have a son who born in usa.