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Canadian Immigration Questions & 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:

Will my occupation be included when the Federal Skilled Worker program reopens on January 1st, 2013?

The Minister of Immigration has indicated that all occupations listed under National Occupation Classification (NOC) levels O, A and B will be eligible under the revised Federal Skilled Worker Class. There is however, a strong probability, that there will be an overall cap or limit to the number of Federal Skilled Worker applications accepted for assessment.

I was granted Canadian Permanent Residency 15 years ago. I then found a job abroad, and have not returned since. Can I renew my Permanent Residency, or must I go through the entire application process again?

Canadian Permanent Residents must accumulate 2 years of “residency days” in each 5-year period in order to meet their residency obligations. If the residency obligation is not met and there are no extenuating humanitarian or compassionate reasons, then the Permanent Resident may lose status. In that case, a new application for Permanent Residence would have to be submitted.

My spouse and I received Canadian Permanent Residency. He was the principle applicant, and I am his dependent. If we were to split up or get divorced, would I lose my Permanent Residency?

While we do not comment on specific cases, in general terms if civil status changes (ex. divorce) before landing in Canada as a Permanent Resident it should be reported to Canadian immigration authorities, and it may affect eligibility. After landing, Permanent Residents are treated individually and a change in civil status would not normally make a difference.

I was arrested but not convicted for a criminal offense. Do I still need to address issues of admissibility to Canada?

You must answer all questions as they appear on application forms or as put to you by an immigration officer honestly. Generally, when an individual indicates that he/she has been arrested or detained, at the very least a detailed explanation would have to be provided. For the most part, only convictions would make an individual inadmissible to Canada, but there are exceptions.

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.



26 thoughts on “Canadian Immigration Questions & Answers with Attorney David Cohen

  1. Avatar

    Hi there. My husband sponsored me to Canada in April 2012. We got mutual divorce in Oct 2015.
    Do I need to wait for 5 years to remarry and to sponsor someone from out of Canada.
    Someone told me I have to wait for next 5 years to get married again. Is this true.
    Please advise.

  2. Avatar
    Sameer Khan

    Me and my wife have received our PR and my wife is 5 months pregnant. We are planning to move to Ontario. Her Due date is 20th april,2014(4months remaining). Will she be eligible for pregnancy cost by OHIP coverage? My second question is what if we take the PR cards and return back to Home country and have a child here then we move back to canada, in this case what is the process for the child PR?

  3. Avatar

    Hi There,

    my husband and i applied for his perminent residence in Nov 2011 i was approved to sponsor him in Jan 2012. since then the application went to Port of Spain as he lives in St. Lucia. I have been asked on many occasins to send them more information as they have stated they did not receive it. I am a little frustrated as i have emailed imigration on many occasions asking wha tthe status is and have yet to receive a response. (that was 4 weeks ago). I have also been speaking with my MP and have not recieved any answers fromt hem as well. What else can i do to get answers. I am very frustrated. My husband has been back in his home country since July 2011 and it will be 2 years since we submitted the papers in Nov2011.

    please help i am getting nowhere with either immigration nor my local MP.

  4. Avatar

    I have a total experience of 8 years however due to personal reasons I have two gaps in my job 1) 8 months and 2) 4months.

    Will a Gap is considered negative while applying for the Canada PR

  5. Avatar
    amandeep kaur dhillon

    i applied for quebec as permanent residence on 30 august 2012 but i didn’t get my file number till now .I want to know why its too late and where can i found information related to this? thanx

  6. Avatar

    my wife is pregnant, my federal application is under processing 7 months (after received the csq). now will get the medical how she will do the medical , xray ?

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