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Canadian Immigration Questions and Answers with Attorney 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:

I believe my Federal Skilled Worker application, which I submitted in 2006, is among those that will be returned. I still want to immigrate to Canada. Am I eligible to reapply?

There is no rule in place barring applicants whose files are returned from preparing and submitting a new application to the Federal Skilled Worker program or other programs to which they are eligible. However, it is important to note that eligibility requirements change regularly. If a person wishes to prepare a new application, they should first fill out a free assessment form to see what programs are available to them.

My husband and I are thinking about immigrating to Canada. We recently learned that we are expecting our first child. How will this affect an application to Canada?

Assuming a child is healthy, an application will not be negatively affected by their inclusion. In fact, for the Quebec Skilled Worker program, having children will allow applicants to receive a maximum of 8 points on the Quebec Selection Grid, thus strengthening an application.

My family applied to the Federal Skilled Worker program. However, we just went through a divorce. How does this affect my application? Will I be able to bring my children to Canada?

How a divorce affects an application depends on a few different factors. Firstly, it depends on who was the principal applicant in the Federal Skilled Worker application.

The principal applicant must see if they claimed points for their spouse’s education or adaptability. If they are still eligible to apply, they may proceed with the application. However, if they no longer meet points requirements, their application will be refused.

The person who is not the principal applicant will not be able to continue applying with their former spouse. They can, of course, prepare and submit their own application.

As for the children, they may still accompany one parent to Canada provided that the custody agreement allows for this. The parent moving to Canada will also have to present an official letter of no objection from their former spouse, stating that the children may accompany the parent to Canada.

I currently live in the United States, but I am out of status. I have paid taxes and have never been arrested or deported. Can I apply for Canadian immigration?

Individuals living in a country out of status may still apply for Canadian Permanent Residency. The fact that they are out of status will have no bearing on the overall application.

I currently live in the United States, but I am out of status. I have paid taxes and have never been arrested or deported. Can I apply for Canadian immigration?

Individuals living in a country out of status may still apply for Canadian Permanent Residency. The fact that they are out of status should in most cases have no bearing on the overall application.

Applicants to Quebec immigration programs should be aware that years of work experience, which must be calculated for some applications, will only count if the work was accrued while the person was in status.

Applications for temporary residence made by an out of status individual will often be refused. Canadian authorities are in general not willing to issue a temporary visa to an individual who has already overstayed their temporary status in another country.

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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9 thoughts on “Canadian Immigration Questions and Answers with Attorney David Cohen

  1. Avatar
    zahra

    how divorced person with a child in custody can affect the application form for QSW

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  3. Avatar
    ray de boer

    I’m a 67 year old male,and live in Macon Georgia…was born in Scotland with a valid British passport… I married a Canadian citizen in 2011 and have submitted all the necessary paperwork to move and be with her as a legal resident in Canada….I lived in Montreal Canada from age 11 to 26…..My first wife passed away 5 1/2 years ago and I’m totally alone here…..the only surviving family member is my sister,who lives in Canada as well….My wife is my official sponsor…What troubles me is that I’ve read and heard that it could take a year or longer to get approval for me to be a legal resident…….I’m financially set,and as my immigration medical reflected in fine health……..Is there anyway to accelerate this process?….thank you for taking my question

  4. Avatar
    shahpar

    Dear sir
    i came to canada as an immigrant and i applied for renew my pr card and then left Canada to iran.immigration told me that i should get tarvel document from iran but they dont give me travel document
    how can i get travel document ?

  5. Avatar
    sanjiv

    It takes only 3 months to issue file Number from CIO to the respective Visa Office. However, it should be noted that at Nairobi Visa Office the time for the procedures seems to be unlimited.
    Furthermore, one cannot contact them. This is even more difficult ifyou are not a resident of kenya. Some African countries proceed through Nairobi Visa Office. How is it possible for the Canadian Govt. to help applicants whose files have been transfered to Nairobi Visa Office?
    It’s not fair for appliacants in this region of the world.
    Hoping to hear from you

  6. Avatar
    canadian visa form

    Canadian Immigration Questions and Answers with Attorney David Cohen,this was great.i got to know many points and clarified my doubts.

  7. Avatar
    samuel sam

    I thank you for your contribution towards the information given to me.

  8. Avatar
    sajid

    if some one has applied before Feb,2008 and his application is not yet returned, as we have heard that they gonna return all applications before Feb,2008. So shall they wait till their application returned to apply with a new application OR they can submit a new application right now.

  9. Avatar
    Maninderjit

    Dear Sir,
    I shocked about the badest news , I applied in 2004 , and I delivered updated documents in 2009 ,when I got a letter of Canadian High Comission (New Delhi)saying to update my documents. , I am waiting since 7years. Will my case be returned??

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