Canadian Immigration Questions and Answers with Attorney David Cohen

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 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

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