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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:

I have a pending application for Canadian Permanent Residency. If I visit Canada, will this affect my application’s processing?

You may visit Canada during the process of your application for Canadian Permanent Residency and this should have no adverse effect on the permanent resident application. In Canadian immigration policy, this is referred to as “dual intent”.

What does it mean to have ‘sufficient ties’ in my home country, and what significance does this have for a temporary resident visa?

Before issuing a visitor visa, work permit or study permit, the immigration officer must be satisfied that you are likely to leave Canada when your permission to stay expires. If you have strong ties to your home country, the immigration officer will generally be satisfied that you are likely to return to your country after visiting, studying or working in Canada. Significant ties can include close family members who live in your home country, current employment as well as good prospects for future employment in your country, ownership of an active business, and ownership or property or other assets in your home country, among other factors. If you are not a citizen of the country where you live, your immigration status in your country of residence also has an impact on this assessment. If you can show that you will be able to return to your country of residence after visiting Canada, the visa office will likely focus primarily on your ties to your country of residence. If you immigration status in your country of residence is expiring soon, they will assess your ties to your country of citizenship instead, which may be considered weak if you have been living abroad for many years.

What action, if any, can be taken to address inadmissibility on the basis of medical concerns? Can I somehow prove that my illness will not be a drain on the Canadian economy?

If a Canadian Medical Officer reviewing your file determines that your health condition will result in an excessive demand on the Canadian health system, he/she will issue an opinion to the Visa Officer in charge of your file. The Visa Officer will, in turn, send you a “procedural fairness letter” informing you of the intention to refuse your application on the grounds of medical inadmissibility.

Before the officer makes a final decision on your file, you will have the opportunity to submit any additional information that can address the following concerns:

  • The medical condition(s) identified
  • Health services required in Canada
  • Your individualized plan to ensure that no excessive demand will be imposed on Canadian health services

If you are still refused, you may pursue a court challenge to the decision.

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 a free Canadian immigration assessment form.

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

  1. Lali

    My first H&C application was not accepted and I didn’t know I have to leave Canada right away because I never received a letter so I applied a second time but 1 month after that I got a letter from CIC or cbsa to bring in my passport so I took it in then my consultant to me to apply for prra but now I don’t wanna do it anymore but my 2nd H&C is still pending do I have to leave the country. I really don’t have anywhere to live if I go back there. I use to sleep with my dad in the same bed and I don’t have ties with my mom she left me when I was 1 week old

  2. Ranvir Singh

    I have submitted my application to MPNP in June 2016 current status of which is assessment pending. My IELTS validity expired in Oct. 2016.Should I have to take IETLS exam ? Does it requires at the time of submitting application to CIC after nomination from Manitoba. Or should I take it immediately ?

  3. Manoj Prajapati

    I have been waiting from last 43 days ! I have applied for study permit for canada on oct 19th through ahmedabad VfS !! Documents went to bfs Banglore !
    When can i expect my result ?

  4. Sonal Chauhan

    We went to interview and the immigration interviewer said she is going to refuse the file and we should hear something end of the day for refusal letter! But instead we received a bother medical request to be done as soon as possible! What does a this mean! Are we getting the visa or no?

  5. Ravneet kaur

    Hi! I m international students over here i just want to know that can i drop my first seme
    ster???

  6. Ajayi Martha Benyan

    Why is my visa still pending? I submitted my forms since may 2015 for PR to join my husband but there has been no respond from Ghana. Why? And when should I expect the visa?

  7. Raheem khan

    Two weeks passed since I courier my application to CIC, but I haven’t received any confirmation from CIC on it’s receipt, how can I know that CIC have already received my application, please advice

  8. Janette

    Sir,
    I just want to know if what I need to do after I received a invitation of letter from my boyfriend in Calgary Canada. Some of the documents that I received already was original copy like the letter of invitation , the approval of consulate general of the Philippines in Edmonton Alberta Canada employment letter of my boyfriend. My boyfriend instruct me that after I received the documents that already sent to me he said I will go in Canada embassy here in Philippines to bring the documents, and that’s also a consulate general of the Philippines advise to my boyfriend.

  9. Anthony maina thiongo

    How long ll it take for me to get my passport back from Canadian embassy in kenya ?i have been waiting for 2 months now

  10. Sanjeev Kumar

    I just got migrated from India to Canada with family on PR and realised that last name is given much more importance here. I have so children whose last name was not mentioned in all their documents as it was not mentioned with my name too. Now i want to have the same included with children name although I do not have any document to prove it.

    Secondly, if by any means have their name changed here through service Ontario, I am sure getting PR card changed will not be difficult but how would I have their Indian passport changed…

    Pls. Guide me through the process completely.

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