Canadian Immigration Questions and Answers with David Cohen

CIC News
Published: November 30, 2011

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 completed a Bachelor’s in Accounting and have one year of work experience related to my study. Will I get education points for Quebec Skilled Worker?

There are two ways to obtain points for a degree or certificate under the Education selection factor (and also for the Area of Training selection factor):

1. Your degree or certificate was completed within the five years preceding your Quebec Skilled Worker application; or

2. Your degree or certificate was completed more than five years ago, but you have one year of paid work experience related to your degree or certificate within the five years preceding your Quebec Skilled Worker application.

Your degree/certificate will also be assessed according to Quebec’s educational system. This means that the number of points awarded for your degree/certificate will depend on how the degree/certificate compares to one obtained in Quebec.

If we have a child in the middle of our Federal Skilled Worker application process, do we have to add him/her to the application and what documents would then be required?

If you have a change in your family composition, such as having a child or getting married, before you receive your visa and land in Canada, you must inform the visa office and add him/her to the application. You should add your child or spouse to the application as soon as possible as it can take time to collect documents. The most commonly requested documents to provide when adding a child to your application include photos, a birth certificate, passport, medical exam, and fees, however your visa office will inform you of the specific documents they require.

Is it necessary to take the DELF or TEF exams for the Quebec Skilled Worker (QSW) Program?

You are not required to submit language test results when submitting your application under the Quebec Skilled Worker Program. However, a visa officer may compel you to take a language test before calling you to an interview. In general, your language ability will be tested at an interview. If any test scores were previously submitted, they will count for a portion of the overall score, this portion otherwise being allocated from the results of the interview.

Since the November 2011 issue of CIC News was published, the Quebec Ministry of Immigration and Cultural Communities has announced and implemented changes to requirements in regards to submitting language test results to score related points under the QSW program. Please see the related news story published on Tests now required for language points under Quebec Skilled Worker program.

Does Canada offer an immigration lottery like the U.S. Green Card lottery?

Canada does not offer an immigration lottery of any sort; however Canada does offer more than 60 different immigration programs for people in many different situations. Canada offers immigration programs for refugees, family members of Canadian citizens and Permanent Residents, immigrants with Canadian and foreign work experience, and more. You can discover which immigration program you qualify for by completing Canadavisa’s free immigration assessment.

Can I change the visa office that is processing my Federal Skilled Worker application if the processing time is too long?

Visa offices are not obliged to transfer applications, including if the processing times are too long. In general, visa offices will only transfer applications to maintain program integrity, meaning the visa officer feels he/she is unable to effectively evaluate the supporting documents.

It is very important that you indicate the proper visa office on your application as it is extremely difficult to have your file transferred once it has been submitted. In addition, the application may be returned to you unprocessed if submitted to the wrong office. You can learn more about this topic in our R(11) article.

Can I sponsor my new husband to come to Canada if I have a previous abuse conviction against my ex-husband?

Anyone who was convicted of an offence that resulted in bodily harm to a current or former spouse, common law partner, or conjugal partner is barred from sponsorship.


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 CanadaVisa’s free Canadian immigration assessment form.

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