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Q & A: Immigration Questions and Answers “2″

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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.

Visitor Visa Requirement

Q. I am a new H-1 holder. I am wondering if I can visit Canada without a visitor’s visa. Thanks in advance.

Answer: Your temporary status in the USA, in itself, is not sufficient to allow entry into Canada as a visitor without obtaining prior authorization.

1.2 Change of Intended Destination to Quebec

Q. I have been approved in a Federal application. Due to certain circumstances, I may now need to reside in Quebec after landing. Do I have to go through any new procedures?

Answer: A change in intended destination (particularly to Quebec) prior to landing may be a material change to your application which is sufficient to require revision by the visa office. Following landing, your change in intention is not a consideration.

1.3 Offshore Interview Waivers In Buffalo

Q. I am a registered graduate student with full scholarship at a Canadian university. I came from Beijing, China. my wife and I plan to apply for PR in Canada soon.

It is said that interview can not be waived because a new policy came out recently. Is it true or just a rumor?

Answer: Although there has been a restriction placed on the issuance of interview waivers for offshore cases, the fact that you are within Canada does place you within the jurisdiction of the Buffalo IAPC. This,
in itself however, does not mean that an interview will not be required.

1.4 Non-Accompanying Dependents

Q. My spouse will not be accompanying me to Canada. Does he still have to do medical examinations.

Answer: Even in the case that he is not included as an accompanying dependent, a spouse must undergo medical and security clearance unless a legal separation or divorce took place.

Comment: Applicable security clearances must also be provided in the event that a legal separation or divorce has not taken place with a non-accompanying dependent.
1.5 Parkinson’s Syndrome

Q. My spouse has early onset Parkinson’s Syndrome. Medication to control a tremor in her left hand costs us less than $100/month. Will this result in medical inadmissibility?

Answer: As is always the case, the evaluation of a medical condition depends on case by case circumstances, including history and prognosis. The Medical Officer’s Handbook provides several examples of Parkinson’s cases, and makes varying suggestions concerning medical assessment from M3 (admissible) to M7 (inadmissible). Two main considerations appear to be the age of onset (earlier being worse), and the rate of progression.

1.6 CCPE Assessment

Q1. I received all my BS’s and MS in accredited US university. Do they still have to verify to see if I am fit for the standard?

Answer1: Given that your undergraduate degree was obtained in the USA, you may wish to proceed without the CCPE assessment, and provide such only if requested.

Q2. I have a post-graduate degree in Engineering from within Canada. My undergraduate degree is from overseas, however. Is CCPE assessment required in my case?

Answer2: The assessment provided by the CCPE is largely based on the undergraduate level education that an applicant had received. As such, even in possession of a post-graduate education from within Canada, the evaluation of the Bachelor level education would be necessary.

Comment: Further details concerning the issue of CCPE assessment is provided in the appendices below.

1.7 Leaving Canada as a Permanent Resident

Q. How long does it take to get a document (card or paper) authorizing the new immigrant to leave Canada for a period of 1 or 2 months?

Answer: There is no specified time within which a permanent resident must remain in Canada following landing, nor is there any document allowing such individuals to leave Canada.

1.8 Present/Intended Occupation

Q. In the application form of the independent immigration, there is one field is “Intended Job”, and one field is “Present Job”. Does my present occupation have to be the same as my intended occupation?

Answer: Your intended occupation need not necessarily be consistent with your present occupation, as long as you are otherwise qualified to work in the former, and as long as you are qualified for such.

The points for experience will be calculated only on the basis of any intended occupation for which you may be eligible.