Canadian Immigration Questions & Answers with Attorney David Cohen

CIC News
Published: August 28, 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:

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.

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