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Canadian Immigration Questions & Answers with Attorney David Cohen

March, 2013

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:

My parents recently arrived in Canada through the Parent/Grandparent Super Visa. If a Permanent Residency program, that they are eligible for, opens in the future, can they apply? 

Based on the current regulations, Parents and Grandparents who are in Canada on a Super Visa should be able to apply for permanent residence under any new program that they become eligible to apply under. It is possible, however, that they may have to apply for this program at a Canadian Visa Office located outside Canada, and they may be required to leave Canada so that they can come back and land as permanent residents.

Does the Canadian government ban or discourage immigrants from specific countries or regions of the world? 

The Canadian Charter of Rights and Freedoms does not allow the Government to discriminate against individuals based on their country of origin. All Canadian permanent immigration programs are equally available to eligible applicants regardless of which country they come from, with one exception. Individuals seeking Asylum (refugee status) from certain designated countries (i.e. countries that are considered safe countries) are discouraged from applying.

Is it possible to apply for Canadian Permanent Residency through two different programs at the same time? 

The current Immigration Regulations do not prevent a foreign national from submitting two applications to two different programs. However, the Government discourages individuals from doing this, as this creates higher processing demands on the Immigration system. It is possible that the Citizenship and Immigration Canada may ask an individual to withdraw one of the applications if they become aware that an individual has two applications pending at the same time.

Can non-Americans apply for processing of a temporary resident application (such as a study permit) at the Canadian/American border? 

Only US nationals are allowed to apply for study permits at a Canadian/American border (port of entry). However, individuals who are nationals of Visit Visa exempt countries may apply for temporary work permits at any port of entry (including Canadian/American border posts).

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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{ 25 comments… read them below or add one }

nachhattar kaur March 28, 2013 at 7:15 am

hello sir, i want to tell you my fiance who lives in europe & have applied for going to canada. but there is some problem with him in his documents so as soon as possible tell me what should he have to do?????????

syed March 28, 2013 at 7:47 am

Sir Pl z informed me what is the status of lawsuit of application before 2008? Is it still in the court? or eliminate .

Thanky March 28, 2013 at 9:14 am

i am an MSW holder, according to the new list, is MSW included or not?

tajbibi amir jivraj March 28, 2013 at 9:17 am

Dear Sir ,
I am canadian citizen ,migrated to canada in 1993 ,worked 7-8 years in canada and also studied as sonologist from Michner instute worked in many clinics in Toronto .My husband is civil engineer , has worked for big companies for 10 years in Toronto .At this present time we have taken some break from cold and are in Uae dubai .I am working full time as medical doctor and my husband as engineer .
My question is if i can sponscer my nieces who is in dubai ? is 30 years old ,she is also working in dubai in HR ,she is 15 years of education 7 years of work experience in marketing manager ,Please let me know if i can sponser in this present siutation when we are in Uae Iwe are planning to go back to Toronto in 2 years time for good . .

jackens March 28, 2013 at 9:55 am

my name is Pierre i am a temporary employement worker in USA i have my family in Canada i wanna know if i can visit them in Canada with that Status or if i have to get a visa or green card to get there so let me know i will appreciate
Best regards Pierre

Nilesh Patel March 28, 2013 at 11:21 am

My cousin brother who lives in Manitoba is ready to sponsor me for Manitoba Immigration Programme.But my elder brother living in Alberta who hold Canadian passport. So, It will be a Question or Query for my application if I applied for Manitoba Province?

salman March 28, 2013 at 12:58 pm

Hi,
Is there any news regarding the immigration cases submitted before 2008 ?

Afrim March 28, 2013 at 1:58 pm

Hello: I have a family member from Kosovo who was nominated from Ontario Pilot Program in 2008 than he applied for Permanent Resident at Canadian visa office in Vienna,Austria on April 2008 ,his file is still in process ,thankyou

julakha begom . March 28, 2013 at 2:20 pm

my name is julakha and i submitted my all documents by an agency . 20 days ago my lmo also submitted for visa . but how can i know the result by laptop that is unknown to me .

Penny Jones March 28, 2013 at 3:02 pm

If one is in Canada on a Parent/Grandparent Supervisa, and an employment opportunity arises, is it possible to obtain a work permit, so that one is able to work? I have not been able to find an answer to this question in any of the websites I have searched.

Vimal March 28, 2013 at 4:06 pm

My sister is in montreal.i m his onlyest brother.how can i go permently in canada with my wife and my daughter.she is in canada since 2001 with her husband.please help me.

Vimal March 28, 2013 at 4:10 pm

How can i come canada to meet my onlyest sister she is in montreal

imran March 28, 2013 at 5:04 pm

Dear sir,
I have applied immigration to Canada in November 2008 simplified application thru Islamabad Visa Office, Pakistan and immediately they have launch Fast Track System and allowed old applicant if they wish to withdraw their old application and take refund processing fee so immediately I had applied for refund. However till 2009 they have not refunded I have applied to keep my application continue and I had received a telephone call from Visa Office for the confirmation. After several reminders I have received an email from CIO-Sydney-Canada that they have already issued the cheque for the refund in June 2009 but till September 2009 Visa Office was stated that we referred your Case to CIO-Sydney and now I have been informed that my File No. is also changed and pressurising me take refund. Now, you are requested to please advise me should I approach to Federal Court or take refund?

DORR GODLOVE FONDZEYUF March 29, 2013 at 10:46 am

wish to know more about Canadian immigration process.

SARVJEET SINGH March 30, 2013 at 6:19 am

Dear David,
My brother-in-law lives in Canada as a permanent citizen , is it possible that my wife can be sponsored by him for coming to Canada and also work there ,as she is the only sister of him living in India

thanks.

Theogene RUSATIRA April 2, 2013 at 11:40 am

Dear Sir,
I have applied for Canadian immigration last month just in march this year but till now I have not yet got the response about my application. what is the maximum time to get the response?, when will it be published? thanks.

Sheetal Kulkarni April 9, 2013 at 7:41 am

Dear Sir,

How long will the foregin credential assessment take? Will we lose the queue while waiting fo rthe assessments ?

Mr. Peter April 14, 2013 at 9:24 am

Hi David Cohen,
Immigration to Canada before 2008 cases was rejected by CIC, i was checked my e-case in Dec-2012 that was “”decision made” after that my status Disappeared from online inquiry.
Now i check my status in this April -2013 which shows my name address but my permanent residence application status shows nothing only display my data, what it means i a very surprised kindly help me
i am waiting for your comments.
Thanks

Joan Mae Villanueva April 18, 2013 at 6:33 pm

I worked here in canada as a food counter attendant a low skilled job,so with my husband. If I get pregnant what program can we apply for permanent residency?do we still have chances to become immigrant if we just got low skilled job?

Asiya April 29, 2013 at 7:54 am

Sir,
We have applied for immigration in Simplified Application Form in 2007.
Is there any hope, after the implementation of new law.

Hope you will reply in this regard.

Asiya

Ismat Ibrahim Ismail May 9, 2013 at 8:43 am

Hi Mr. Cohen,

I am now 59 and of course will go on retirement from Saudi Aramco next year (August ,2014). I will get good retirement money:however, I don’t want to go for Entrepreneur or Businessmen categories as I do not have any experience in that area.I am ateacher of English( MyEnglish is more than excellent for all kinds of interactions) and taking care of academic counselling ,acurriculum , teacher class observations , inservice presetations and workshops for teaching staff,…etc.I used to teach French a long time ago , and now my Frenvh is good and communicative. I am married and have five kids. Please advise on the best way and means to immigrate to Canada

jagdev singh grewal May 18, 2013 at 11:09 am

Sir,
My son is permant immigrat Manitoba since april 2013. When he can sponsor their parents to manitoba for pr

Ralph May 23, 2013 at 8:53 pm

How long can i stay out of Canada being a Permanent Resident? I am here only one year and due to family issues with my wife, i am returning to my native land for a few months but this time has not been determined as yet. I was told that the maximum time allotted to be out of Canada is 6 months, can you clarify please.
Thanks,
Ralph

Zeshan December 19, 2013 at 7:17 am

Hi David,

I am permanent resident of Canada, Just wondering that can my wife come to Canada on visit visa, while her permanent resident visa application (which I am sponsoring her)has been submitted, but decision not yet made. or can the permanent residence visa and temporary residence visa(visit visa) be applied at the same time or one after the other. Thanks and look forward to hearing from you soon.
Kind Regards,
Zeshan

Julie April 3, 2014 at 11:30 pm

Hi Ms , my name is Julie, I want to know if I can apply for my brother because some people told me the immigration would give a visa for 10 years.

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