Archives for 1996

Q: Is it correct that all computer professions categories don’t require CCPE assessment?

Answer:That is correct. CCPE (Canadian Council of Professional Engineers) assessment is intended for applicants applying with an intended occupation within the field of Engineering, as defined by the Canadian Classification and Dictionary of Occupations. Although some computer professions may carry the title “engineer,” they do not fall within that classification, and therefore should not require CCPE assessment.

Question: There have been a couple of postings lately suggesting that visa application fees are going up. Is this true? If so, what will the new fees be, and from when? Will right-of-landing (the big $$$ one) be going up?

Answer: As of January 1st, some fees will be increasing. In regard to permanent resident status applications, only the business class processing fee will be increased.

Comments: Please note that these fee changes do not reflect any changes in the existing Regulations or Selection Criteria.

Q: How can I get a temporary or visiting work permit for Canada? Do I need to have a job offer first? Are there varying permits based on the amount of time spent working in Canada?

Answer: The process of obtaining an employment authorization (with a few possible exceptions) generally involves two essential steps. These steps are:

1. Submitting an application for validation of a job offer to a Canadian Employment Center;
2. Submission of an application for the necessary visa to a Canadian Immigration Center.

The first step does entail that a position be available, and that the company has been able to validate the availability of such to a non-immigrant visa the CEC.

Q: I just left a position for which I had been issued a temporary employment authorization. I want to stay in Canada obviously now…do I just change my visa to visitor or what?

Answer: Your visitor status will remain valid until the stated expiration date. In order to commence work at another organization, however, you will be required to obtain a new employment authorization,
or successfully apply for PR status.

Q: I’d appreciate if somebody could share his/her experiences on what is the procedure for a Canadian to apply for a job in USA.

Answer: As a Canadian citizen, you may be eligible for the provisions of the NAFTA agreement in your efforts to work in the USA. This would negate the necessity of labour certification.

If you are unable to qualify for these provisions, your eligibility to
work in the USA will depend on immigration policy therein.

Q: Is it possible to have PR both in Canada and US?

Answer: Although it is possible to be in possession of PR status in both countries, the requirements of such in each country will not allow you to legally maintain both indefinitely.

Question: One of my friend is going to apply for PR. He has done an open heart surgery (bypass) three years ago. He is 40 years old and engineer. However, he is doing well and does NOT have health problem anymore. The question is that:

1. Could he get his PR if he applies regarding his heart surgery?
2. Is his heart surgery a big problem in PR process?
3. Does anybody has had such a similar case and gone through PR process?

Answer: The surgery itself would not likely be the concern in the evaluation of his medical status. Rather, the condition which resulted is such surgery would be a major consideration. Although there are
numerous classifications of heart disease which may have resulted in such surgery, with even more
numerous suggested medical assessments in the Medical Officer’s Handbook given the possible outcomes of such surgery (ranging from M3 to M7), the final determination will come down to the prospect of undue financial burden to the Canadian health care and social services systems, as his condition is unlikely to cause a threat to the safety of Canada’s public health.

In a recent case in which the applicant had received a liver transplant an approximately equal number of years back, our office provided the reports of specialists, including history and prognosis, at the onset of
the application. Unfortunately the outcome of this case is not yet available for discussion.

Q: I have an Interview for Permanent Residence in Canada, can anybody tell me what type of questions to expect? Also do I need to go to Canada immediately?

Answer: Although you may expect questions to focus on your work experience and/or applicability of such in Canada in large part, there is no specific set of questions which occur in every selection
interview. The questions will reflect any issues that the immigration officer wishes to clarify. In addition, questions will be directed towards the establishment of an applicant’s personal suitability.

You are allowed one year following the completion of your medical examinations to land in Canada. Failure to land in this period will most likely result in the necessity of a new application for PR status.

Q: What exactly is personal suitability? In the 70 points in the application process, why would one person get 5 out of 10 points, while another might get 7?

Answer: Personal suitability, as is implied in the name, is a subjective assessment of an applicant’s suitability for immigration to Canada based on numerous factors. For this reason, the scores which are attributed to any given applicant will vary considerably, notwithstanding the score or which he/she is eligible under the selection criteria.

Q: Does the fact that the immigration officer issued medical examinations following my interview mean that my case has been approved.

Answer: If no problem issues had been discussed at the interview, and medical forms were subsequently issued, you may assume that your qualifications have exceeded the minimum requirements. Assuming that there are no difficulties with your medical examination, that you pass security clearance and that you have fulfilled the other requirements of the Consulate, you may expect that the next step will be the issuance of your landing documents.

Comment: Policies regarding the issuance of medical documents, and the timing of such varies considerably from office to office.

Q: Is it possible to sponsor a girl friend into Canada? She doesn’t work one of the jobs listed for independent PR….though she wants to, but then she doesn’t have any experience….

Answer: Unless you are engaged to be married, and willing to do so within 90 days of her landing in Canada, there are no provisions for the sponsorship of a girlfriend.

Q: Can some one please help me. I am interested in getting married to a guy from India. He is also interested in getting married but does not want to be separated and wait 6 months or longer to have to immigrate as a spouse or fiance. What are my options?

Answer: You may proceed with a spousal sponsorship in either of two ways. The first is a typical application whereby the procedure is concluded overseas following submission of the application and fees within Canada. The second option is an inland application, which I will discuss below.

Q: I know friends who have brought their fiance over to Canada on a visit Visa and then married here in Canada and then applied for PR once here. Is this a good way, or even legal?

Answer: If your spouse is able admissible to Canada as a visitor, and if there are sufficient grounds for such, an inland application can be processed while he is resides therein.

Q: Is there any difference between getting married first in India and then bringing my spouse here, or is it faster to get married here and then let my spouse go back to India while his papers are processed?

Answer: The standard application described above would likely be concluded more quickly through New Delhi than an inland application. Obviously, however, you and your spouse would be separate until the conclusion of such.

The likelihood of issuance of a visitor visa for your spouse in this case may not very high given the circumstances. Absence of such would negate the possibility of an inland application.

Q: I am planning to get engaged in a couple of months. How could I sponsor my fiance to enter Canada as a PR? Do I have to get married in order to sponsor him or could I sponsor him as a fiance? How long
does the whole process take considering that I am applying from the UK. I don’t yet have a job secured for me in Canada. Am I still eligible to be considered as a sponsor?

Answer: Fiance(e)s fall within the definition of the Family Class, and are therefore eligible for sponsorship. A requirement of such a sponsorship is the demonstration of sufficient ongoing income.

An additional typical requirement for such sponsorships is that the sponsor be resident in Canada. The application is therefore submitted within Canada initially.

Q: I am an American getting married to a Canadian in less than three weeks. My question is this…Can I travel to Canada on a visitors pass, after we are married here in the USA, and then apply for PR?

Answer: As a US citizen, you would not be required to obtain a passport visa in order to enter the USA. All visitors, however, must satisfy the minimum requirements of admissibility of such at the port of
entry. Once within Canada, and following submission of a PR application (assumably through spousal sponsorship), typical policy allows for the extension of your status until the conclusion of such an application.

On October 31 of this year, the Regulations affecting skilled worker applicants with intended destinations within Quebec were changed. A summary of the new selection criteria is presented below.

QUEBEC INDEPENDENT CATEGORY CALCULATION

FEES: Principal applicant CAD $300
Each accompanying dependent $100

These changes to the fees were implemented slightly prior to the implementation of the Regulations described below.

In order to be considered as an Independent applicant in the skilled worker category, an individual must satisfy one of the following:

1) have at least 6 months full-time experience in a profession on the “open list”;
2) have at least 6 months full-time experience and have “assured employment” (similar to “arranged” employment on the federal side);
3) have at least 6 months full-time experience and score at least 31 out of a possibility of 52 on the “Calculation of the Employability and Professional Mobility” factor – see Annex B;

Once the individual has met one of the above, then the following calculations are made:
1. Education (Maximum points: 17) Points
i) a. no secondary diploma 0
b. secondary diploma 3
c. post-secondary diploma 5
d. university diploma (1 yr) 6
e. university diploma (2yrs) 7
f. university (3yrs – 1st level) 8
g. university (2nd level) 10
h. university (3rd level) 11

ii) Second specialty
a. diploma (l year) 1
b. diploma (2 years or more) 2

iii) Privileged education (see Annex A)

a. Diploma on the list of “privileged education” 4

2. Employment (Maximum points: 15 – Minimum points: 7)
a. assured employment 15
b. on open list 12
c. scored at least 31 points under the “Employability and Professional Mobility” factor 7

3. Experience (Maximum points: 10- Minimum points: 1) 1 point per 6 months of full time working experience

4. Adaptability (Maximum points: 31)

i) personal qualities (Maximum points: 15) This is determined at the time of interview. The officer will consider the individual’s qualities by asking simple questions that will permit the officer to evaluate the individual. The officer will be looking for: flexibility, sociability, dynamism, initiative, perseverance, self-confidence, sense of realism and maturity – all of these qualities in relation to the individual’s professional and day to day life.

ii) motivation (Maximum points: 5) This also determined at the time of interview. The officer will consider the individual’s motivation by asking simple questions that will permit the officer to evaluate the individual’s motivation with respect to his/her emigration and his/her choice of the province of Quebec.

iii) knowledge of Quebec (Maximum points: 2) Again, this is determined at the time of the interview. The officer will ask questions relating to: the job market, the conditions of the individual’s intended occupation, standards of living and weatherconditions.

iv) time spent in Quebec (Maximum points: 5)
a. studied or worked in Quebec for at least 6 months 5
b. visited for at least 2 weeks 2

v) relatives or friends in Quebec (Maximum points: 4)
a. if individual has a family member living in Quebec 4
b. if individual has a friend living in Quebec 2

5. Age (Maximum points: 10) 23 to 30 years old 10 points deduct 1 point per year after 30

6. Language (Maximum points: 23)
a. French
i) oral comprehension 6
ii) oral expression 5
iii) written comprehension 4
iv) educated at post secondary level in French 2

At interview, the officer will evaluate this factor by asking questions and by providing simple texts. The individual will then have to 1) understand questions relating to various aspects of everyday life, 2) answer these questions with complete sentences using proper grammar and proper pronunciation, and 3) read a short text and comprehend the general sense of it.

b. English (Maximum points: 6)
i) oral comprehension 3
ii) oral expression 3
The officer will determine this factor using the same tools as mentioned in “a”.

7. Spouse’s characteristics (Maximum points: 17)

Education (Maximum points: 5)
a) secondary diploma 2
b) post secondary diploma add 1 point
c) university diploma add 1 point
d) if completed a “Second Specialty” or has “Privileged Education” (see annex) add 1 point

Experience (Maximum points: 2)
a) 6 months to 1 year 1
b) more than 1 year 2

Age (Maximum points: 2)
a) 30 and under 2
b) 31 to 39 1

French (Maximum points: 8)
a) oral comprehension 3
b) oral expression
c) written comprehension 2

The officer will evaluate the spouse’s language abilities in the same manner as the principal applicant.

8. Children (Maximum points: 8)

a) 12 years old and under 2 points per child
b) 13 to 17 1 point per child

9. Financial capabilities (Maximum points: 1 – Minimum points: 1)

Individual must be able to support self and dependents for at least 3 months (see annex to determine amount required)

*Please note that automobiles, furniture, jewelry are not acceptable.

PASSING MARKS: Applicant without spouse – 65 out of 115 Applicant with spouse – 75 out of 132

Annex A to Quebec Regulations Summary: LISTE DES FORMATIONS PRIVILEGEES

Cette liste est autorisee par le ministre responsable de la Loi sur l’immigration au Quebec

FORMATION

Formation de niveau universitaire

Sciences de la sante
Ergotherapie
Orthophonie et audiologie
Physiotherapie
Sante communautaire, epidemio1ogie, ergonomie
Sciences fondamentales de la sante

Sciences pures et appliquees

Chimie
Genie aeronautique, genie aerospatiail *
Genie des pates et papiers *
Genie informatique et de la construction des ordinateurs
Informatique
Phytotechnie *
Statistiques

Sciences humaines

Bibliotheconomie *
Criminologie
Didactique *

Formation de niveau collegial

Techniques biologiques (l’exception des techniques d’acupuncture, de denturologie, de radiodiagnostic, et de soins infirmiers) Techniques physiques

* Formation de niveau maitrise

Annex B to Quebec Regulations Summary: CALCULATION OF THE EMPLOYABILITY AND PROFESSIONAL MOBILITY FACTOR

a) Education (Maximum 17 units)

Schooling
– completion of secondary 3
– completion of a post-secondary program 5
– completion of a 1 year university program 6
– completion of a 2 year university program 7
– completion of a 3 year university
program (1st level degree) 8
– completion of a 2nd level university degree 10
– completion of a 3rd level university degree 11

Note: all programs must have required full-time study

Second specialty
– completion of 1 year program that required full-time study 1
– completion of a program that required at least 2 years of full-time study 2

“Privileged education” – please refer to “Liste des Formations Privilegees”
– fields that require university education 4
– other 4

b) Experience (Maximum 5 units)

6 months 1
1 year 2
1 1/2 years 3
2 years 4
2 1/2 years or more 5

c) Age (Maximum 10 units)

23 to 30 10
31 9
32 8
33 7
34 6
35 5
36 and older 0

d) Knowledge of Languages (Maximum 11 units)

– Comprehension and oral expression of FRENCH 6
– Studies in FRENCH at post-secondary level 2
– Comprehension and oral expression of ENGLISH 3

e) Time spent in Quebec and connection with Quebec (Maximum 9 units)
– studies in Quebec 5
– visit of Quebec (2 weeks) 2

– relative in Quebec 4
– friend in Quebec 2

LISTE DES PROFESSIONS EN DEMANDE AU QUEBEC

– Cette liste est autorisee par le ministre responsable de la Loi sur l’immigration au Quebec
– Cette liste indique les professions au sens de La Classification nationale des professions (CNP) autorisee par le ministre federal de l’Emploi et de l’Immigration

PROFESSION

2162 Analystes de systemes informatiques

3141 Audiologistes et orthophonistes

Auteurs/auteures, redacteurs/redactrices et ecrivains/ecrivaines,

5121 specialistes en redaction technique avec maitrise du francais et de 1’anglais

2252 Designers industriels/designers industrielles

3132 Dietetistes et nutritionnistes

3143 Ergotherapeutes

Ingenieurs/ingenieures d’industrie et de fabrication, 2141 specialistes en reinginierie des methodes et procedes

Ingenieurs electriciens et e1ectrorniciens/ingenieures electricicennes et electroniciennes, 2133 speialistes en te1ecommunications

Ingenieurs/ingenieures en aerospatiale, 2146 specialistes en cellule d’aeronef

2147 Ingenieurs informaficiens/ingenieures informaticiennes

Machinistes et verificateurs/verificatrices d’usinage et d’outillage, 7231 regleurs-conducteurs/reg1euses-conductrices de machines-outils en general; regleurs-conducteurs/regleuses-conductrices de machines-outils a commande numerique

7232 Outilleurs-ajusteurs/outiileuses-ajusteuses

Professionnels/professionnelles des services aux entreprises de gestion, 1122 specialistes en analyse des methodes et procedures

Progmmmeurs/programmeuses, 2163 prgrammeus/programrneuses scientifiques; prograrnineurs/ programmeuses d’applications

6221 Specialistes des ventes techniques, vente en gros

Technologues et techniciens/techniciennes en chimie appliquee, 2211 specialistes en agro-alimentaire

Technologues et techniciens/techniciennes en genie industriel et en genie de fabrication, 2233 specialistes en automatisation (programmeurs/programmeuses au reg1age numerique de machines-outils)

Technologues et techniciens/techniciennes en genie mecanique, 2232 specialistes en genie mecanique; speciaiistes en e1ectromecanique

2243 Techniciens/techniciennes et mecaniciens/mecaniciennes d’instruments industriels

Traducteurs/traductrices, terminologues et interpretes, 5125 traducteurs/traductrices avec maitrise du francais et de l’anglais; interpretes de conferences avec maitrise du francais et de l’anglais

LISTE DES PROFESSIONS EN INADMISSABLES AU QUEBEC

– Cette liste est autorisee par le ministre responsable de la Loi sur l’immigration au Quebec
– Cette liste indique les professions au sens de La Classification nationale des professions (CNP) autorisee par le ministre federal de l’Emploi et de l’Immigration

PROFESSION
CODE CNP
2151 Architectes

2154 Arpenteurs-geometres/arpenteuses-geometres

Autres professionnels/professionnelles en diagnostic Ct en traitement de la sante
3123 podiatres

4112 Avocats/avocates et notaires

3122 Chiropraticiens/chiropraticiennes

3113 Dentistes

3221 Denturologistes

3152 Infirmiers dip1omes/infirmieres diplomees

2131 a 2148 Ingenieurs/ingenieures (les differentes specialites a 1’exception du genie forestier)

4142 Instituteurs/institutrices a la maternelle et au niveau primaire

3111 edecins specialistes

3112 mrnpraticiens/omrnpraticiennes et medecins en medecine familiale

3121 ptometristes

3131 harmaciens/pharmaciennes

4141 rofesseurs/professeures au niveau secondaire

Sages-femmes et praticiens/praticiennes des medecines douces
3232 acupuncteurs/acupunctrices

Sherifs et huissiers/huissieres
6461 huissiers/huissieres

Technologues en radiologie
3215 technologues en radiologie diagnostique

1111 Verificateurs/verificatrices et comptables

3114 Veterinaires

Prospective applicants are reminded that assessment under the Quebec Selection Criteria is also available via the online assessment form at the Campbell, Cohen Web Site.

The Canadian inland visa processing post in Vegreville, Alberta has released the following service standards applying to cases processed therein. Vegreville most commonly processes cases for inland sponsorship, or for various other internal permits and authorizations.

For the following applications, notice of a decision (Approval-in-principle, refer to CIC, Refusal or Return to Client) shall be issued within 25 calendar days of the date the kit had been mailed to the CPC:
– Extension of Visitor Status
– Student Authorization
– Employment Authorization
– Minister’s Permit
– Extension of Minister’s Permit

For the following applications, notice of a decision (Approval-in-principle, refer to CIC, Refusal or Return to Client) shall be issued within 90 calendar days of the date the kit had been mailed to the CPC:
– Application for Permanent Residence

For clients without overseas dependents, final processing of the application (including referral to a CIC for landing) will take place within 10 months from the date the client mailed the kit to the CPC.

For clients with overseas dependents, final processing of the application (including referral to a CIC for landing) will take place within 18 months from the date the client mailed the kit to the CPC.

The CPC will not respond to status inquiries for cases being processed within service standards outlined above. In cases where such service standards have been exceeded, responses to inquiries shall follow within 5 working days. “(Inquiries of a truly exceptional or urgent nature for cases being processed within service standards will be reviewed an replies sent as warranted). Inquiries on problematic cases may be directed to the CPC by mail or fax.”