Q & A: Immigration Questions and Answers “2″

This newsletter, edited by David Cohen, contains information pertinent to applicants for immigration to Canada in the various categories. The information contained herein is a compilation of recent postings on the misc.immigration.canada newsgroup, and appendices which will vary in content from issue to issue.

1.1 Absence Following Landing

Q1. I believe that one has nine months to enter Canada after receiving PR and then go out for a period of up to two years.

Answer1: This is not correct.

Q2. Is that as simple as it sounds or must one apply for other permits once in Canada?

Answer2: The expiration of landing documents is typically contingent on the expiration of medical examinations, one year after completion of such. Following landing, PRs are not allowed any specific "grace period" by which they may remain outside Canada, nor is there any specified time that one must remain within Canada.

Q. In case that I am absent from Canada for 5 months at the end of my second year of PR and also I am absent in the following first 5 months of my 3rd year, will I lose my PR status.

Answer: Not if you are able to demonstrate, in the event of the necessity of such, that you did not intend to abandon Canada as your place of permanent residence. Such demonstration is often in the form of evidence of ties maintained with Canada.

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1.2 Change/Amendment to Family Status

Q. My friend wants to know if he needs to send a separate application for his spouse if they are applying simultaneously. If so, can they send the applications together?

Answer: Although a separate application procedure should not be undergone, a completed form for the spouse, along with applicable fees and documents should be submitted.

Comment: Failure to adequately inform a visa office as to an amendment or other change in family status can be construed as misrepresentation at the time of landing, and can subsequently result in deportation proceedings. Applicants are often not advised, however, as to this important, yet seemingly small, aspect of immigration policy.

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1.3 Arranged Employment

Q. Is it easier to become a Canadian PR if you go first on working visa and then apply from inside for PR after a while?

Answer: If such experience enhances the points that you are eligible for, then there could be direct benefit to working in Canada prior to submission of a PR application. Such work experience may also be indirectly beneficial by demonstrating your employability in Canada. There is no requirement, however, that such arranged employment be obtained prior to applying.

Q1. Can anyone tell me what the exact procedure is to validate a job offer, what it takes, etc... ?

Answer1: Validation of a job offer entails a prospective employer's ability to demonstrate that a significant effort had been made to hire a Canadian for a certain position, which proved unsuccessful. Demonstration of the qualities which make a non-immigrant suitable for such a position is generally necessary as well.

Comment: The procedure of obtaining such validation begins with a Canadian Employment Centre (Human Resources and Development Canada) within Canada. The major burden at the initiation of such a process is typically on the prospective employer, who must satisfy the officials as to the above mentioned circumstances.

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1.4 Transfers

Q1. I have been scheduled for an interview at the Canadian Consulate General in NYC in within the next two weeks. Based on your experience and estimate, do you think NYC will accept and approve my transfer request even within such a short time period?

Answer1: There would most likely be no difficulty in the transfer of the application at this point. If you choose to do so, NYC should be immediately informed that the interview will not be attended, and that a formal transfer request will follow. As the transfer request must be accompanied by the CAD$55 fee, it is unlikely that a fax indicating such will be acceptable.

Q2. If yes, do you think there may be still some potential negative influence on my application due to this?

Answer2: Following a transfer request, processing of your application will have to recommence from the beginning. Given that you have already been waiting at least 8-9 months for your interview, the additional delays will not likely be welcomed.

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1.5 Visitors

Q. My boyfriend is born in Greece. He is a citizen of Greece. He has been in the US for 7 years and is still waiting for his green card. What can we do to have him visit me in Montreal?

Answer: As a citizen of Greece, he is not required to obtain a passport visa to appear at a Canadian port of entry. All visitors, however, must satisfy the minimum requirements for admissibility as such.

Comment: The definition of a visitor precludes anyone who has the intention (or appears to have such in the immigration officer's discretion) to remain within Canada permanently. Regardless of whether or not a visitor visa is required to appear at a port of entry, immigration officials must be satisfied with an individuals intentions as such. A visitor visa entitles a visitor to appear at a port of entry, as does exemption from the requirement of such.

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1.6 One "Other" Family Member

Q. Can a Permanent Resident of Canada sponsor his/ her brothers and sisters who are OVER 19 years of age and are married?

Answer: Although provisions exist by which a permanent resident may sponsor a sibling, the circumstances in which this may take place are not common. The sponsor would have to be unmarried, have no family (as defined by 'assisted relative' or 'family class') within Canada or applying for landing therein, and would have to be ineligible to sponsor a member of the Family Class.

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1.7 Selection Interview

Q1. Is the fact that I have been asked to attend a selection interview a good sign?

Answer1: All applicants who score a total of 60 points or greater, discounting personal suitability, are granted a selection interview with a visa officer. The fact that an interview was granted, in itself, is not necessarily an indicator as to the chances of an applicant succeeding in the process.

Q2. What kind of questions do they ask in the interview?

Answer2: Questions will generally focus on the establishment of the applicant's qualifications under the Selection Criteria (i.e., establishment of work experience, education, etc.), and on the applicant's personally suitability for immigration to Canada.

Comment: In as much as the fact that an interview is requested is not necessarily a positive sign, it is not necessarily a negative sign either. With more visa offices waiving interviews at increasing frequency, applicants at such offices who are requested to attend are often concerned as to why that may be the case. Although concern regarding qualifications can be a component, there are other reasons which may result in such (i.e., audit of the waiving policies, confusion arising from elements of the application form, risk management, chance, etc.).

Q. With the interview coming in two weeks, my wife and I started to worry about what kind of questions could be asked during the interview. In particular, what kind of question will be asked about jobs. Is it really important for interview? We wish we could find some but it is so hard to find Canadian job market information, no matter it is on the internet or the local newspapers.

Answer: Many visa offices are placing increasing importance on demonstration by applicants that an effort had been made to obtain employment, or to at least establish contacts and develop the skills required for job seeking in Canada. Although it is often very difficult to get a firm job offer from outside Canada, there are resources available by which an effort can be made.

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1.8 Accompanying Dependents

Q1. I will be married to my fiance(e) by the time of conclusion of my application. Should I indicate Engaged or Married on the application form? Can he/she be included?

Answer: Although a fiancee is not included within the typical definition of an accompanying dependent, she may be included at such time if the marriage will be concluded prior to the conclusion of the application. Indicate "engaged" under your marital status, and include specification as to when the marriage will take place in the supporting materials. Include the materials, forms, and fees which would apply for an accompanying spouse.

Q2. What Surname should she should use. She is going to change her name after the wedding.

Answer2: The accurate name should be entered until such time as the name is officially changed.

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1.9 Public Affairs Passport

Q. I am interested in immigration to CAN. It was told that the passport for public affairs of P.R. China is also valid for applying for PR. Is it true?

Answer: Current policy does not allow applicants to land without possession of a private/common passport.

Comment: Submission of an application with the Public Affairs Passport is not prohibited. A private passport would be required by the time of landing, however.

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1.10 CCPE Assessment

Q. As a computer professional, will I require CCPE assessment?

Answer: The procedure of informal assessment by the CCPE is intended to provide visas officers with an arbitrary measure of the employability of a professional engineer. This procedure does not typically apply to professions in the computing field (i.e., CCDO 2183-???).