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Canadian Immigration Questions and Answers with David Cohen

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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 spouse is a Canada citizen but he does not have monthly income but has other assets such as a house. Could he sponsor me to immigrate to Canada under the Family Class Category?

While sponsors must sign a declaration that they will support the applicant they are sponsoring, there is no minimum income requirement for spousal sponsorship. However, if the sponsor has major financial problems, and is on social assistance, or is an undischarged bankrupt, he/she may be rendered ineligible to sponsor a spouse for Canadian immigration.

If I am granted a study permit, can my wife get an open work permit? And also importantly, with an open work permit would she be able to receive a license to practice as a regulated dental hygienist?

Yes, if you have a study permit your wife is eligible to receive an open work permit. With work authorization, she may be eligible to receive a license to practise as a regulated dental hygienist depending on the province. Since professions are regulated provincially she should verify any requirements with the provincial order where you are to settle.

I have applied for Canadian immigration under Federal Skilled Worker (FSW) program in June 10, 2010. I have changed my job so is it necessary to inform Citizenship and Immigration Canada (CIC) about this job change?

While there is no requirement to update CIC about work changes, you may want to do so if it will get you more experience points under the Work Experience factor.

I applied for permanent residency in 2005 but was rejected on account of my wife’s criminal record (shoplifting by mistake). Can I reapply, this time excluding my wife?

You can only exclude your wife from a new application if you are divorced or legally separated. In extreme circumstances, you may be able to exclude your wife if you are only separated in fact.

As well, your wife may be eligible to submit an Application for Rehabilitation.

I am a doctor and have one year experience as an intern, which is considered as a GP in my country, and then two years as a specialist. How will my work experience be counted for the Federal Skilled Worker (FSW) program?

You will be credited with one year of work experience as a GP (NOC 3112) and two years of experience as a Specialist Physician (NOC 3111) as long as you have performed a substantial number of the duties, including all of the essential duties, for each occupation claimed, as they appear in the NOC.

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.