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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. Rushi Parikh

    Sir we had applied for PR under FSW category in 2004. Now as per new changes proposed I am really confused that would it affect our application or not. From the sources I got from CIC.GC.CA I found that it would affect to application who have applied before 27feb 2008 and have not heard from CIC weather a decision based FSW selection criteria has been made or not they may affect by this law but my confusion is ,no applicant gets news from cic weather they have accumulated enough points or not, right? Actually we have already 3 points more than what they needed so can u explain me that what do they mean to say. Waiting for your prompt reply.
    thanking u Rushi.

  2. dr.munish

    hi i got married in oct 0212 so plz tell me that is it needed to show marital relation of one year old for FSW , and ielts requirement for for dependent,

  3. mario franco

    Dear sirs

    I have a cousine she is in Canada for more then 30 years

    but as i am 66 , she thinks , will be very dificult to me , even been

    a skilled mec engineer, and audio expert.Please comment. Thank you.

  4. Ejaz Ashraf Dar

    As news breaks that job offer will not be required to apply immigration visa or permenent visa.

    is this applicable to trade immigration federal skilled applications also made outside Canada?
    kindly explain and oblige

  5. Abreham

    Dear, Attorney David Cohen

    I have applied for Canada skill worker program .And they assessed my application .But my result was less than 60 points and they resin my application .Do I have chance to apply again?


    am very happy to leave and work in CANADA.
    the only reason for this is not only for helping my parents but also
    for the reason CANADA is the most secure country in the world.
    please make me to get my vision.


    Dear Sir,

    I understand that Canadian Government has minimum threshold points for language proficiency as per new PR policy being introduced with effect from 1st January, 2013. Please let me know:

    1. Is that also applicable to the applicants who have applied prior to 1st January, 2013. Is there any threshold points or CLB for them also or they have to simply secure 67 points ?

    2. What will be the threshold points for trades persons as it is impossible for all of them to secure 7 bands as mentioned by you as threshold points for them also ?

    Your prompt reply shall be appreciated.

    Thanks & Regards – Jasbir Singh Reyat

  8. Rihan

    Does IELTS will be an essential demand in the in skill worker program in 2013 , and what is the required band should we get.


    Dear sir,
    I would like to ask you if you have any idea where the canadian immigration interviews are held in the middle east after the closure of the emmbassy in damascus.
    Thank you in advance,

  10. Bharatesh Suvarna

    My question is that I would like to know if I own a property in Canada, does that make me eligible to get the permanent residency. I have already applied for the canadian permanent residency but since the program will open only in January, I would like to get some more clarification. On a lot of front, my eligibility for the residency is strong and the investment should make it stronger. Please update me on the same.

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