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2012

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Canadian Immigration Questions and Answers with David Cohen

January, 2012

Every month, Attorney David Cohen will answer a few general Canadian immigration questions submitted by our readers. Here are this month’s questions and answers:

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 government 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

If you would like to be assessed for Canadian immigration, please complete CanadaVisa’s free Canadian immigration assessment form.

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{ 9 comments… read them below or add one }

Delwar Mojumder February 3, 2012 at 5:51 pm

Hi Mr. David Cohen,
Every month I wait for your News paper. I really like it.

Tracy-Ann Miller-Chin April 23, 2012 at 6:29 pm

I have a job offer in Canada and is about to send in my application for a work permit. My children ages 9 and 17 will not be accompanying me at this time. Do I need to apply for a temporary resident visa for them now?

joseph August 14, 2012 at 12:06 am

Hi I have a relative ( a sister) living in USA without any status. I want to help her to join me here in Canada as a refugee, I am asked to file a affiditive letter, what is it and where do I find it.

thank you very much for your help
Joseph

jack October 11, 2012 at 6:14 pm

hello

i have friends from Syira wondering if there is any special treatments for them to apply and come to canada since there is no way for them to do english tests or get required papers for application with whats going on there, thanks

Harpreet October 17, 2012 at 2:06 am

Hiii…
Actually i am in Canada on study permit and according to rules after 6 month study i should get off campus work permit with social insurance number ,i got my social insurance number but not the off campus work permit.So is there anyone who can help me ,i went CIC office but they are only available for appointment and for appointment i am trying from 2 months by calling CIC customer service but getting nothing,So please help me if anyone can do something…

unza November 15, 2012 at 8:04 pm

if my immigration to canada is refused then can i apply there on student visa?

Jas November 24, 2012 at 1:25 pm

Do I need to apply for a visitors visa for my eleven year old daughter to visa Canada although I an a Canadian resident?

manpreet grewal June 28, 2013 at 5:34 pm

my husband has applied alberta PNP.
do i get PNP along with him ?
how can i apply to come to canada / alberta ?
i m in India..

Marlon Rosales September 6, 2014 at 6:14 pm

Hi,
I have a cousin in calgary alberta canada and i know there is no points in applying as FSW, but is there a way that she can help me immigrating in alberta? And what is that?
Thanks..

We welcome your comments on the news article above. However, we do not respond to specific questions in this space. If you have a question, you may Contact Us If you want to know if you qualify for Canadian immigration, you may complete our Free Assessment

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