Canadian Immigration Questions and Answers with David Cohen

CIC News
Published: March 27, 2012

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 partner and I have been together for ten years, but are not married because same sex marriage is illegal in our country. She is currently in Canada on a 5 year study visa. Are there any options for her sponsoring me to come to Canada?

Two individuals who have cohabitated in a conjugal relationship (same sex or not) for at least one year are considered to be common-law partners for Canadian immigration purposes. Common-law partners may accompany or join their common-law partner, who is on a valid Canadian study permit. However, this is not considered sponsorship.

Moreover, the common-law partner who does not hold the study permit must satisfy the Canadian immigration officer that the common-law relationship is genuine and that the individual will leave Canada at the end of the permitted entry. Also, note that entry to Canada can be denied, and a study permit revoked on the grounds of misrepresentation. Failure to disclose a common-law relationship, if asked, when applying for any type of entry to Canada may be construed as misrepresentation.

 I would like to sponsor my sibling, who is over 18 and has a junior high school education. What programs, if any, are available to me?

There are a number of programs that allow individuals to sponsor family members for Permanent Residency. Family Class sponsorship, in special circumstances, is available at the Federal level. At the Provincial level, family sponsorship programs are available in the following provinces: Saskatchewan, Manitoba, Newfoundland & Labrador, Prince Edward Island, Nova Scotia, and New Brunswick. Please note that requirements vary for each program.

I have been accepted to a Canadian PhD program. I would like my children to accompany me, but they will need to receive study permits. How should I go about this?

Minor children who are already in Canada with parents who can work or study in Canada and who want to attend pre-school, primary, or secondary school in Canada can do so without a study permit. When minor children studying in Canada without a permit reach the age of majority (turn 18 or 19 depending on the province or territory), they must apply for a permit if they want to continue studying.

I work from 9am to 3pm five days a week, and also take evening university classes. Can I gain points for both professional and educational experience under the Federal Skilled Worker Program?

Under the Federal Skilled Worker program, points can be gained for work experience and education if one works and studies at the same time. Keep in mind that full-time work in Canada is calculated at 37.5 hours per week full-time study is calculated at 15 hours of classroom study per week.

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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