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:
I have a pending application for Canadian Permanent Residency. If I visit Canada, will this affect my application’s processing?
You may visit Canada during the process of your application for Canadian Permanent Residency and this should have no adverse effect on the permanent resident application. In Canadian immigration policy, this is referred to as “dual intent”.
What does it mean to have ‘sufficient ties’ in my home country, and what significance does this have for a temporary resident visa?
Before issuing a visitor visa, work permit or study permit, the immigration officer must be satisfied that you are likely to leave Canada when your permission to stay expires. If you have strong ties to your home country, the immigration officer will generally be satisfied that you are likely to return to your country after visiting, studying or working in Canada. Significant ties can include close family members who live in your home country, current employment as well as good prospects for future employment in your country, ownership of an active business, and ownership or property or other assets in your home country, among other factors. If you are not a citizen of the country where you live, your immigration status in your country of residence also has an impact on this assessment. If you can show that you will be able to return to your country of residence after visiting Canada, the visa office will likely focus primarily on your ties to your country of residence. If you immigration status in your country of residence is expiring soon, they will assess your ties to your country of citizenship instead, which may be considered weak if you have been living abroad for many years.
What action, if any, can be taken to address inadmissibility on the basis of medical concerns? Can I somehow prove that my illness will not be a drain on the Canadian economy?
If a Canadian Medical Officer reviewing your file determines that your health condition will result in an excessive demand on the Canadian health system, he/she will issue an opinion to the Visa Officer in charge of your file. The Visa Officer will, in turn, send you a “procedural fairness letter” informing you of the intention to refuse your application on the grounds of medical inadmissibility.
Before the officer makes a final decision on your file, you will have the opportunity to submit any additional information that can address the following concerns:
- The medical condition(s) identified
- Health services required in Canada
- Your individualized plan to ensure that no excessive demand will be imposed on Canadian health services
If you are still refused, you may pursue a court challenge to the decision.
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 a free Canadian immigration assessment form.
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{ 38 comments… read them below or add one }
Hi,
I want to know how fast the process will be from May 2013 for PR to Canada?
I filled the assesment form but I understand that I did not meet the requirement. Is there any better way for me to emigrate to Canada and get a suitable job. Iam not getting job from here through your reruiting agencies.
Kind regards.
Mohammed Arifeen
What is the latest updates on class action law suit against the Bill which affected the permanent residence applications of 300,000 applicants of pre February 2008?
Your news letter is not giving any updates on the same.
Hi Atty,
I have my wife permanent residency application received at canadian embassy philippines and its been 8 months since they received it , And I am wondering why her p.r application still not on process yet? Is there a best way I can do to know whats happening on her papers right now? Im really worry about it.. it should be on process now but still everytime i check the status online , it only shows application received , not getting process ? please help clarify this for me and If ever you have an advise that I can probably do please kindly let me know
Please and thank you
Sir
I have asked u this question before. But presently i am asking that can i come to canada for job i have not done ilets and i am pass the 10+2 examination in 2009 and now i have experiece of 2 years in clerical dept and 1 year experience in store keeper dept . Sir can i apply for work permit
Dear Mr Cohen
If a person has applied in a profession of FSW category and later that profession is either removed from the list or the visa officer thinks that this profession is not in demand in Canada, could it delay or reject my application?
regards
The new FSWP system will announce the required occupation by 4th May as I know, the question here if I did not catch this date and I apply after it, that means I will wait till next year or I can apply after this date?
bonjour mr. cohen j’aimerais savoir s’il est possible que , quelqu’un qui est en visite au canada puisse deposer une demande de visa temporaire?
si oui quels sont les conditions?
my name is ashu patel from india. my younger brother is living in regina, SK,Canada since 1.5 years on work permit. he may get PR within 6 months. So i want to know about can i eligible under SINP family referral scheme and ca n i apply under manitoba provisional nominee from my friend. sir.. but there is a rules that if u have relation with other province u can’t apply in manitoba PNP.. Is it true..?? sir.
i looks forward for your positive response.
thanking you..
ashu patel
Dear Sir,
What happened the concludion about the FSW filed before feb 2008 candidates?
thanks in advance
regards
Have the court decided yet concerning the skilled workers applications before Feb. 2008
Pls let me know what preparation I need to make with respect to the credentials verification. Should I go ahead and send to the agencies in Canada that can do this verification for me?
My wife and Kids are in Canada seeking for Assylum but their case is yet to be decided however,my Organisation have scheduled me for a Training in Canada.I am now in a dilemma because I cannot withdraw my name from the Training without raising questions from my manager who is not aware that my family are in Canada.My concerns are as below;
(1)If my Organisation now apply for a Visitor visa for me in order to attend the Training,will it not affect my family Assylum application?
(2)If it will not affect it,is possible for the Visa to be granted?
Bonjour
j’ai présenté une demande d’immigration sur place par l’intermédiaire d’un ami au bureau de Montréal : Ministère de l’Immigration et des Communautés Culturelles -Direction de l’Immigration économique international -service Amérique du Nord et Maghreb au Rue Notre-Dame Ouest à Montréal .
j’ai bien reçu un accusé de réception en date du 01 Septembre 2010 .
A ce jour je n’ai reçu aucune suite , et je ne trouve aucune trace de ma demande sur votre site de suivie.
Veuillez agréer mes salutations
Sir
I intend to apply for immigration under FSWP. However, need information related to skills assessment from a designated body. I am an MBA and currently working as a Trainer with a life insurance company/bank in India.
Kindly guide
Regards
Shamser
I a masters degree in International Human Resource Management in UK and the rest degrees including my wife’s . Do I need any certificate assessment since all were taught in English.
I am a journalist in India. My company is willing to transfer me to BC.
I have two questions.
1. What are the requirement for the same.
2. I have earlier applied for PR under self employed category. If, i take this assignment, how would it affect my prospects for PR.?
I need to know how long is my IELTS score valid to apply for PR. I have my IELTS general result from august 2011. Will this result will be valid?
Dear sir/madam,
you have helped me lot in past,now I have a question as well as it is big confusion
For me to know about ,IELTS, standard bands to apply for federals?
I am looking forward to apply from skilled worker as a in post of restaurant supervisor,
I did ielts exemation and I got only 5 bands due to of my illness,should I start my process with those bands or should take another chance to ielts exam?I am very confused becoz some of people saying I can apply with these bands and some saying I should do ielts again.please help out me.I am working in canada for last two years.I would looking forward to receive appropreate output from you…thank you.
dear
a friendis caregiver get her first approval on 23 sep 2012. After 5 months of waiting for her land immigrant, she wants to know how long she has to wait for her land immigrant paper.
she spensored her son who didi his medical on dec 25th 2012 and police check. how long it take him to get his land immigrant.
can she apply for visa to visite her family or she has to wait until her land immigrant.
best regard
hi sir,
thank you for this website ,i have question if you can answer aim thank ,
i mad to immigration to Canada skill worker before 5 years and i have file number ,in October 2013. at website of immigration to Canada tel me when i was check my application “made decision” .
what mean of that and how can i now the answer?
sir,
i would like to know what papers I need to prepare and verification. Should I go ahead and send to the agencies in Canada that can do this verification for me?
Hello
I am planning to applying for permanent residency under Canadian experience class.I am working at UPS as an Management operation supervisor. My Noc code is 1215 that matches my job duties but I cant find my job title under NOC codes.
What should I do? May I still can apply for permanent residency?
Thanks
Harpinder
What is the latest updates on class action law suit against the Bill which affected the permanent residence applications of 300,000 applicants of pre February 2008?
Dear sir
İ want to that my medical is done in august 2012
But İ have no response yet. When it is expected?
Is a holder of a Canadian Supervisa permitted to work in Canada?
respected sir
my wife live in canada,im appply for PR in canada,my file submit in last year feb,2012, my passport submit in july,2012,my interview finish in octomber 2012, all response is positive but one paper is missing in interview time and after day after next day i submit it by courier and allready past 5 month for this process but i don’t have visa ya any legal paper for canadian embassy.
please let me know how long time after visa is possible,
please reply me in my e-mail address
thanking you
patel
Sir,
greetings of the day!
I have submitted PR apllication in march 2009 under fedral skilled worker category and recieved file number in june 2009.but after that i have not recieved any responce till feb 2012. when i chcked my apllication status on immigration site i recieved status that ” we have reviewed you application and start processing on feb 2012. But since than i have not recieved any response. will it take more time, or how much time will it take?
thanks,
shweta
I applied for my visa canada last 2009… but until now there is no anwer yet…
Dear Sir,
I have a previous application for permanent residency visa, for Federal skilled worker , family status, which was applied on May 12, 2012, with file no. B049126663.
With my pending application, can I apply for visit visa, to see and visit my younger sister who live in Ontario, Toronto, Canada, alone, as she is still single? Secondly, can my youngest son, who is a registered nurse here in Philippines, can apply student visa to enhance his knowledge and training experience in Canada?
Dear Sir,
What happened the conclusion about the FSW filed before feb 2008 candidates? Do accept to be my attorney with this case?
thanks in advance
regards
Dear Sir,
My wife applied for immigration throught laywer unforturnately that lawyer is nowhere to be found by email, fax or telephone .The application status not showing online,in that circumstance need your help to process our case
Have the court decided yet concerning the skilled workers applications before Feb. 2008
Mr Cohen, please I seriously need your help because since october 2012, I sent my documents as a Quebec skilled worker in canada for a permanent residency I did not receive any mail confirming reception of my documents and I am really desperate since I don t know whether the documents reach the right office or not; please tell me what to do
I have present my document to Quebec immigration,after that they send me a letter saying that I must submit this certificate :
• Proof of your social security contributions or proof of exemption from payment of social security premiums
If you cannot provide proof of social security contributions or proof of exemption from payment of social security premiums, you must provide proof of payment of income tax.
So I am living in UAE and in this country I can not have this proof,because we do not pay taxes here in this country.
Thank you
We applied to relocate from the US to Canada even though we’re not American Citizens. The process has been slow but we finally got our medical request forms and police certificate request. Our medical was completed two weeks ago and our police certificate report should be out within 2 weeks. I was just wondering how much longer we have to wait to hear from the CIC office after both medical and police certificates have been received.
Thanks
Cathy Pere
Sir ,my husband work as a resturant manager at Canada for 4years n has applied for pr ,I had applied for visitor visa but the visa was refused stating the reasons as my travel history, my family ties in Canada n in my country of residence ,length of proposed n stay in canada ,my current employment situation. After that we had applied for open work permit n I don’t think I will get the visa ,can I apply again as a visit visa n workpermit?
Hi.. can i apply for PR first and then submit my IELTS score later. Or Is it necessary to submit IELTS score while submitting PR application.