Canadian Immigration Questions and Answers with Sir David Cohen
- Thread starter Kanamen
- Start date
we applied last years in sep 2010 under noc 3131and we got a letter from novoscotia that application recieved on 3rd march 2011.our visa office london ,after that we have no news yet ,any one guide us about this /thanks
:-XHere are this month’s questions and answers:
Is a birth certificate mandatory for immigration?
While a birth certificate is a preferred method of identification, there are other optional methods depending on your home country if it is not possible to get a birth certificate.
Documentation proving birth must be consistent with what is issued in your country. For example, a secondary leaving certificate, or a national identification card, sometimes in conjunction with a sworn affidavit of your place and time of birth, can be acceptable.
All valid documentation must contain your name, your date of birth, and at least one of your parent’s names.
Can someone be refused permanent residence in Canada if he/she has a medical condition such as atherosclerosis or diabetes?
Canada has a set of medical inadmissibility rules that determine who can be refused for immigration purposes. These medical inadmissibility rules describe circumstances, whether putting a burden on our health and/or social services or posing a danger to the Canadian population, that a visa officer uses to determine whether someone is ineligible to immigrate to Canada.
Relevant to your question is the rule called Excessive Demand Cost Threshold. Canada does not let people into Canada for immigration purposes whose health and/or social services costs it estimates will surpass this threshold.
So for example, someone with diabetes may or may not be deemed medical inadmissible depending on whether their treatment requirements are estimated to surpass the Excessive Demand Cost Threshold.
Does Canada offer an immigration category for resettling in Canada from another country at retirement?
Canada does not have a specific immigration category for retirees. However, a possible option is to come to Canada under one of its investor programs. Each of these has a set of requirements, for example, to be of a certain net worth, have had particular managerial experience, and to invest a specified amount of money in Canada.
At this time, while the Federal Investor Program is closed (it may reopen midway through 2012), the Quebec Investor Program is open so is a possible option for you to come to Canada.
I work as a Licensed Practical Nurse in Alberta. I am on a work permit which is valid until the 20th of June 2012. The work permit was issued based on a Labour Market Opinion (LMO). Now I would like to apply for permanent residence (PR) under the Federal Skilled Worker (FSW) category. I would like to know whether there is any chance for my application to be accepted because my work permit is valid only for 6 more months?
You can apply for the FSW program as a License Practical Nurse (NOC 3233) as it is one of the 29 qualifying occupations without the need of a job offer. However, since you are already working in Canada, you should consider getting a job offer in order to gain additional points for Arranged Employment, with the added benefit that your application will be fast tracked. However, in both these cases, the application process for PR will take more than six months.
One option open to you, then, is to renew your work permit which is commonly done as applicants wait until their PR application is processed. LMO-based work permits can be renewed for up to a four years. Because your work permit is LMO-based, your employer will have to reapply for the LMO, and you will have to go through the same steps of the temporary work permit application process as you did originally to receive the permit.
Having stated all of the above, your most practical path to Canadian permanent residency may be through the Alberta Provincial Nomination Program. Assuming that your employer is willing to offer you a permanent job offer of indeterminate length you will probably qualify for an Alberta Nomination Certificate. As long as you are healthy and are not inadmissible for criminal or security reasons you can expect to receive a Canadian Permanent Resident Visa.
Will it be a problem for me to immigrate to Canada if I have worked at one of the Iranian nuclear sites?
Anyone immigrating to Canada is subject to criminal/security and medical inadmissibility.
Criminal/security inadmissibility is relevant to your question since working in sensitive areas may trigger additional scrutiny by Canada’s intelligence agency, possibly in cooperation with international intelligence agencies.
Medical inadmissibility is also relevant to your question since working at a nuclear site will likely mean you will have to be tested for your exposure to radiation. The results could cause you to be inadmissible because you will put excessive demands on Canada’s health services.
I was single when I applied for Canadian immigration. A few months before getting the immigration visa and departing to Canada, I got married. I never declared this as I was informed by a few people that this wouldn’t be an issue and I could easily apply for my wife after entry. What would be the situation now if I try to apply for her immigration?
I am sorry to have to tell you that you have been misinformed. As I stated in last month’s CIC News Questions and Answers article, it is the responsibility of the applicant to inform the visa office whenever they have a change of family composition. This obligation extends right up until the time that you enter Canada as a permanent resident.
If you now attempt to sponsor your wife to immigrate to Canada, an investigation may be triggered to find out when you were married, and you may be accused of misrepresentation. This can result in the loss of your permanent residence status and possibly being barred from entering Canada for two years.
If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM
Is a birth certificate mandatory for immigration?
While a birth certificate is a preferred method of identification, there are other optional methods depending on your home country if it is not possible to get a birth certificate.
Documentation proving birth must be consistent with what is issued in your country. For example, a secondary leaving certificate, or a national identification card, sometimes in conjunction with a sworn affidavit of your place and time of birth, can be acceptable.
All valid documentation must contain your name, your date of birth, and at least one of your parent’s names.
Can someone be refused permanent residence in Canada if he/she has a medical condition such as atherosclerosis or diabetes?
Canada has a set of medical inadmissibility rules that determine who can be refused for immigration purposes. These medical inadmissibility rules describe circumstances, whether putting a burden on our health and/or social services or posing a danger to the Canadian population, that a visa officer uses to determine whether someone is ineligible to immigrate to Canada.
Relevant to your question is the rule called Excessive Demand Cost Threshold. Canada does not let people into Canada for immigration purposes whose health and/or social services costs it estimates will surpass this threshold.
So for example, someone with diabetes may or may not be deemed medical inadmissible depending on whether their treatment requirements are estimated to surpass the Excessive Demand Cost Threshold.
Does Canada offer an immigration category for resettling in Canada from another country at retirement?
Canada does not have a specific immigration category for retirees. However, a possible option is to come to Canada under one of its investor programs. Each of these has a set of requirements, for example, to be of a certain net worth, have had particular managerial experience, and to invest a specified amount of money in Canada.
At this time, while the Federal Investor Program is closed (it may reopen midway through 2012), the Quebec Investor Program is open so is a possible option for you to come to Canada.
I work as a Licensed Practical Nurse in Alberta. I am on a work permit which is valid until the 20th of June 2012. The work permit was issued based on a Labour Market Opinion (LMO). Now I would like to apply for permanent residence (PR) under the Federal Skilled Worker (FSW) category. I would like to know whether there is any chance for my application to be accepted because my work permit is valid only for 6 more months?
You can apply for the FSW program as a License Practical Nurse (NOC 3233) as it is one of the 29 qualifying occupations without the need of a job offer. However, since you are already working in Canada, you should consider getting a job offer in order to gain additional points for Arranged Employment, with the added benefit that your application will be fast tracked. However, in both these cases, the application process for PR will take more than six months.
One option open to you, then, is to renew your work permit which is commonly done as applicants wait until their PR application is processed. LMO-based work permits can be renewed for up to a four years. Because your work permit is LMO-based, your employer will have to reapply for the LMO, and you will have to go through the same steps of the temporary work permit application process as you did originally to receive the permit.
Having stated all of the above, your most practical path to Canadian permanent residency may be through the Alberta Provincial Nomination Program. Assuming that your employer is willing to offer you a permanent job offer of indeterminate length you will probably qualify for an Alberta Nomination Certificate. As long as you are healthy and are not inadmissible for criminal or security reasons you can expect to receive a Canadian Permanent Resident Visa.
Will it be a problem for me to immigrate to Canada if I have worked at one of the Iranian nuclear sites?
Anyone immigrating to Canada is subject to criminal/security and medical inadmissibility.
Criminal/security inadmissibility is relevant to your question since working in sensitive areas may trigger additional scrutiny by Canada’s intelligence agency, possibly in cooperation with international intelligence agencies.
Medical inadmissibility is also relevant to your question since working at a nuclear site will likely mean you will have to be tested for your exposure to radiation. The results could cause you to be inadmissible because you will put excessive demands on Canada’s health services.
I was single when I applied for Canadian immigration. A few months before getting the immigration visa and departing to Canada, I got married. I never declared this as I was informed by a few people that this wouldn’t be an issue and I could easily apply for my wife after entry. What would be the situation now if I try to apply for her immigration?
I am sorry to have to tell you that you have been misinformed. As I stated in last month’s CIC News Questions and Answers article, it is the responsibility of the applicant to inform the visa office whenever they have a change of family composition. This obligation extends right up until the time that you enter Canada as a permanent resident.
If you now attempt to sponsor your wife to immigrate to Canada, an investigation may be triggered to find out when you were married, and you may be accused of misrepresentation. This can result in the loss of your permanent residence status and possibly being barred from entering Canada for two years.
If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM
Dear
Today i received my application packet back from CIO with one objection that my IELTS results were more than two years old.
As per rules "IELTS results must not be more than two years old upon the date received by CIO". My application reached CIO on 26th September, 2011 and my IELTS was expiring on 5th September, 2011.
As per rules this is not expired.
Now what should i do???????
If i go for a IELTS test again then may be i could not register for January but in February, So my application with new IELTS will get there by the end of February, 2012. and under my category 4152 Social Workers total appliations have been reached upto 339.
Please guide me waht should i do? go for ielts and apply again or just leave it?
or i should appeal as my IELTS was not expired on the date it reached CIO? if yes then how? process?
Today i received my application packet back from CIO with one objection that my IELTS results were more than two years old.
As per rules "IELTS results must not be more than two years old upon the date received by CIO". My application reached CIO on 26th September, 2011 and my IELTS was expiring on 5th September, 2011.
As per rules this is not expired.
Now what should i do???????
If i go for a IELTS test again then may be i could not register for January but in February, So my application with new IELTS will get there by the end of February, 2012. and under my category 4152 Social Workers total appliations have been reached upto 339.
Please guide me waht should i do? go for ielts and apply again or just leave it?
or i should appeal as my IELTS was not expired on the date it reached CIO? if yes then how? process?
SandySurrey
Hero Member
- Jan 5, 2011
- 14
- Category........
- Visa Office......
- Delhi
- NOC Code......
- 0631
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 15-May-2010
- AOR Received.
- 22 Nov 2010
- File Transfer...
- Inprocess from 14May 2012
- Med's Request
- 13-june-2013,
- Med's Done....
- 21-June-2013, e cas line added on 04 July 2013
- Passport Req..
- Documents deposited 15 July 2013
- VISA ISSUED...
- 17/09/2013, DM on 15/09/2013
If your IELTs was valid till 5th sep and it has reached 26 sep that means your application was bound to return because of expired IELTs result, the only option you have now is to give IELTS ASAP and pray that your cap wnt reach.
bahadur4u said:
kg_bang
Hero Member
- May 6, 2011
- 39
- Visa Office......
- New Delhi
- NOC Code......
- 3142
- App. Filed.......
- 31-05-2011
- Doc's Request.
- submitted with application
- AOR Received.
- 1st AOR on 28-07-2011, 2nd AOR 23-08-2011
- IELTS Request
- sent with application
- File Transfer...
- 22-08-2011
- Med's Request
- 13-12-11
- Med's Done....
- 26-12-11
- Interview........
- waived.........
- Passport Req..
- 13-12-11
- VISA ISSUED...
- 3/2/12
- LANDED..........
- 21st June, 2012
kg_bang
Hero Member
- May 6, 2011
- 39
- Visa Office......
- New Delhi
- NOC Code......
- 3142
- App. Filed.......
- 31-05-2011
- Doc's Request.
- submitted with application
- AOR Received.
- 1st AOR on 28-07-2011, 2nd AOR 23-08-2011
- IELTS Request
- sent with application
- File Transfer...
- 22-08-2011
- Med's Request
- 13-12-11
- Med's Done....
- 26-12-11
- Interview........
- waived.........
- Passport Req..
- 13-12-11
- VISA ISSUED...
- 3/2/12
- LANDED..........
- 21st June, 2012
then also u would hav kept the days gap when they will start processing ur file.bahadur4u said:
Date the file reached n day they CIC start processing are different.
Can previous refusals for a UK Visitor Visa or for US immigration lead to a subsequent denial of a Canadian immigration visa?
In all Canadian Permanent Resident (PR) applications, you will be asked if you have been refused a visa from other countries. Details must be provided. Depending on the circumstances of the prior refusal(s), an applicant may be considered inadmissible to Canada.
I am completing my second year of a PhD program in BC. When can I apply for my permanent residency?
Because there are several options to apply for permanent residence as a current or recent PhD student in British Columbia, it depends on which option best suits you.
Under the British Columbia PNP, you may be eligible to apply for immigration by meeting one of two requirements:
The first requirement is having graduated from a recognized Canadian post-secondary institution, as well as having a job offer. So theoretically, if you did your Master’s in Canada and have a job offer, you can already apply, but for all intents and purposes having to secure a job offer will likely postpone your application until after you graduate from your current program; or
The second requirement is having obtained a Master’s or PhD in health, applied or natural sciences from a recognized BC institution within the last two years. No job offer is required. In this case, if you did your Master’s in BC, you can also apply right now, or otherwise will have to wait until you finish your PhD.
As well, introduced last year, those who have completed a PhD in Canada, or have completed two years of study in Canada towards a PhD, can apply under the Federal Skilled Worker (FSW) program. So you can apply for immigration under the FSW program, if you so choose, after completing the current year of your program.
My first cousin is a Canadian citizen. Will I get any points for my cousin on the basis of the skilled immigration category?
No, having cousins in Canada will award you no points under the Federal Skilled Worker program.
Having cousins in Canada comes into play when applying for some provincial nomination programs like Manitoba’s PNP, where a first cousin can serve as a sponsor, and even more distant cousins can contribute to your points under its General Stream.
The other notable PNP that allows first cousins to sponsor applicants for immigration is Saskatchewan’s.
I have applied for immigration in October 2007 under the Federal Skilled Worker (FSW) program and there is no clear information about these older cases submitted before the change in regulations in 2008. Could you let me know the Citizenship and Immigration Canada (CIC) policy for these older cases?
While CIC has indicated it hopes to work through the backlog of FSW cases submitted before February 28, 2008, by the year 2017, there is no guarantee of this. We therefore encourage you to consider applying again to take advantage of the priority placed on newer applications. If you qualify, you can do this since you can submit multiple applications for permanent residency.
In general, you can apply for multiple programs or even the same program more than once. Remember that provincially-based programs have as a requirement the intent to settle in the particular province you are applying to. Once a selection decision has been made on one of your applications, you will have the choice of which application to abandon. Additionally, you can withdraw an application by contacting your regional Canadian visa office, and depending on what stage it is at in processing, you may be refunded your application fee.
You can fill out CanadaVisa.com’s free online eligibility assessment to see what programs you are now eligible for to immigrate to Canada, which importantly takes into account changes to all programs since you last applied.
Do I stand a chance of getting a student visa if I have a dependent child who I plan to bring with me to Canada?
As far as I am aware, there are no regulations which would prevent you from receiving a student visa (study permit) just because of your dependent child who will accompany you to Canada.
Is there any limit to the number of family dependents I can bring with me to Canada if I am awarded permanent residency?
No there is no limit to the dependents you can bring into Canada. Dependents can include your spouse or common law or conjugal partner, and you and your spouse’s, or common law or conjugal partner’s, dependent children, as defined in the Immigration and Refugee Protection Act (IRPA).
If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM
In all Canadian Permanent Resident (PR) applications, you will be asked if you have been refused a visa from other countries. Details must be provided. Depending on the circumstances of the prior refusal(s), an applicant may be considered inadmissible to Canada.
I am completing my second year of a PhD program in BC. When can I apply for my permanent residency?
Because there are several options to apply for permanent residence as a current or recent PhD student in British Columbia, it depends on which option best suits you.
Under the British Columbia PNP, you may be eligible to apply for immigration by meeting one of two requirements:
The first requirement is having graduated from a recognized Canadian post-secondary institution, as well as having a job offer. So theoretically, if you did your Master’s in Canada and have a job offer, you can already apply, but for all intents and purposes having to secure a job offer will likely postpone your application until after you graduate from your current program; or
The second requirement is having obtained a Master’s or PhD in health, applied or natural sciences from a recognized BC institution within the last two years. No job offer is required. In this case, if you did your Master’s in BC, you can also apply right now, or otherwise will have to wait until you finish your PhD.
As well, introduced last year, those who have completed a PhD in Canada, or have completed two years of study in Canada towards a PhD, can apply under the Federal Skilled Worker (FSW) program. So you can apply for immigration under the FSW program, if you so choose, after completing the current year of your program.
My first cousin is a Canadian citizen. Will I get any points for my cousin on the basis of the skilled immigration category?
No, having cousins in Canada will award you no points under the Federal Skilled Worker program.
Having cousins in Canada comes into play when applying for some provincial nomination programs like Manitoba’s PNP, where a first cousin can serve as a sponsor, and even more distant cousins can contribute to your points under its General Stream.
The other notable PNP that allows first cousins to sponsor applicants for immigration is Saskatchewan’s.
I have applied for immigration in October 2007 under the Federal Skilled Worker (FSW) program and there is no clear information about these older cases submitted before the change in regulations in 2008. Could you let me know the Citizenship and Immigration Canada (CIC) policy for these older cases?
While CIC has indicated it hopes to work through the backlog of FSW cases submitted before February 28, 2008, by the year 2017, there is no guarantee of this. We therefore encourage you to consider applying again to take advantage of the priority placed on newer applications. If you qualify, you can do this since you can submit multiple applications for permanent residency.
In general, you can apply for multiple programs or even the same program more than once. Remember that provincially-based programs have as a requirement the intent to settle in the particular province you are applying to. Once a selection decision has been made on one of your applications, you will have the choice of which application to abandon. Additionally, you can withdraw an application by contacting your regional Canadian visa office, and depending on what stage it is at in processing, you may be refunded your application fee.
You can fill out CanadaVisa.com’s free online eligibility assessment to see what programs you are now eligible for to immigrate to Canada, which importantly takes into account changes to all programs since you last applied.
Do I stand a chance of getting a student visa if I have a dependent child who I plan to bring with me to Canada?
As far as I am aware, there are no regulations which would prevent you from receiving a student visa (study permit) just because of your dependent child who will accompany you to Canada.
Is there any limit to the number of family dependents I can bring with me to Canada if I am awarded permanent residency?
No there is no limit to the dependents you can bring into Canada. Dependents can include your spouse or common law or conjugal partner, and you and your spouse’s, or common law or conjugal partner’s, dependent children, as defined in the Immigration and Refugee Protection Act (IRPA).
If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM
hello sir,
just wanna ask that me and my wife has applied for our PR in canada. file has reached to CIO on 28 dec 2011 and since then i havent heard anything from CIO. question is me and my wife are planning our holiday(honeymoon) in canada. can we apply for our visitor visa to canada? if yes then will it be rejected or create any problem for our PR file?
2) i have filled up my forms and everything i have send in application according to their requirement...i am dentist by profession..only thing i am worried about is photos. i have send the required nomber of photos with name and date of birth written on backside.i cant remember whether i have written date of photo taken. may be i have written but cudnt remember exactly..if not written will they send the file back....???(i hope i have written)
thanks and regards
dr harsh.
just wanna ask that me and my wife has applied for our PR in canada. file has reached to CIO on 28 dec 2011 and since then i havent heard anything from CIO. question is me and my wife are planning our holiday(honeymoon) in canada. can we apply for our visitor visa to canada? if yes then will it be rejected or create any problem for our PR file?
2) i have filled up my forms and everything i have send in application according to their requirement...i am dentist by profession..only thing i am worried about is photos. i have send the required nomber of photos with name and date of birth written on backside.i cant remember whether i have written date of photo taken. may be i have written but cudnt remember exactly..if not written will they send the file back....???(i hope i have written)
thanks and regards
dr harsh.
My spouse is a Canada citizen but he does not have monthly income but has other assets such as a house. Could he sponsor me to immigrate to Canada under the Family Class Category?
While sponsors must sign a declaration that they will support the applicant they are sponsoring, there is no minimum income requirement for spousal sponsorship. However, if the sponsor has major financial problems, and is on social assistance, or is an undischarged bankrupt, he/she may be rendered ineligible to sponsor a spouse for Canadian immigration.
If I am granted a study permit, can my wife get an open work permit? And also importantly, with an open work permit would she be able to receive a license to practice as a regulated dental hygienist?
Yes, if you have a study permit your wife is eligible to receive an open work permit. With work authorization, she may be eligible to receive a license to practise as a regulated dental hygienist depending on the province. Since professions are regulated provincially she should verify any requirements with the provincial order where you are to settle.
I have applied for Canadian immigration under Federal Skilled Worker (FSW) program in June 10, 2010. I have changed my job so is it necessary to inform Citizenship and Immigration Canada (CIC) about this job change?
While there is no requirement to update CIC about work changes, you may want to do so if it will get you more experience points under the Work Experience factor.
I applied for permanent residency in 2005 but was rejected on account of my wife's criminal record (shoplifting by mistake). Can I reapply, this time excluding my wife?
You can only exclude your wife from a new application if you are divorced or legally separated. In extreme circumstances, you may be able to exclude your wife if you are only separated in fact.
As well, your wife may be eligible to submit an Application for Rehabilitation.
I am a doctor and have one year experience as an intern, which is considered as a GP in my country, and then two years as a specialist. How will my work experience be counted for the Federal Skilled Worker (FSW) program?
You will be credited with one year of work experience as a GP (NOC 3112) and two years of experience as a Specialist Physician (NOC 3111) as long as you have performed a substantial number of the duties, including all of the essential duties, for each occupation claimed, as they appear in the NOC.
If you would like your general immigration question to be featured in our newsletter, please email your question to QNA @ CICNEWS.COM
While sponsors must sign a declaration that they will support the applicant they are sponsoring, there is no minimum income requirement for spousal sponsorship. However, if the sponsor has major financial problems, and is on social assistance, or is an undischarged bankrupt, he/she may be rendered ineligible to sponsor a spouse for Canadian immigration.
If I am granted a study permit, can my wife get an open work permit? And also importantly, with an open work permit would she be able to receive a license to practice as a regulated dental hygienist?
Yes, if you have a study permit your wife is eligible to receive an open work permit. With work authorization, she may be eligible to receive a license to practise as a regulated dental hygienist depending on the province. Since professions are regulated provincially she should verify any requirements with the provincial order where you are to settle.
I have applied for Canadian immigration under Federal Skilled Worker (FSW) program in June 10, 2010. I have changed my job so is it necessary to inform Citizenship and Immigration Canada (CIC) about this job change?
While there is no requirement to update CIC about work changes, you may want to do so if it will get you more experience points under the Work Experience factor.
I applied for permanent residency in 2005 but was rejected on account of my wife's criminal record (shoplifting by mistake). Can I reapply, this time excluding my wife?
You can only exclude your wife from a new application if you are divorced or legally separated. In extreme circumstances, you may be able to exclude your wife if you are only separated in fact.
As well, your wife may be eligible to submit an Application for Rehabilitation.
I am a doctor and have one year experience as an intern, which is considered as a GP in my country, and then two years as a specialist. How will my work experience be counted for the Federal Skilled Worker (FSW) program?
You will be credited with one year of work experience as a GP (NOC 3112) and two years of experience as a Specialist Physician (NOC 3111) as long as you have performed a substantial number of the duties, including all of the essential duties, for each occupation claimed, as they appear in the NOC.
If you would like your general immigration question to be featured in our newsletter, please email your question to QNA @ CICNEWS.COM
If I understand your situation properly.....your application was received at CIO, and you have proof of the date, on August 26th. Your IELTS was still valid for 10 days after that, until September 5th. It sounds as if there is an error there. Check out the following information on how to deal with an unfair NER and act quickly. It is worth a try. All the best. http://get2canada.wordpress.com/2011/01/22/how-to-deal-with-an-ner/bahadur4u said: