Canadian Immigration Questions & Answers with Attorney David Cohen

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:

My parents recently arrived in Canada through the Parent/Grandparent Super Visa. If a Permanent Residency program, that they are eligible for, opens in the future, can they apply? 

Based on the current regulations, Parents and Grandparents who are in Canada on a Super Visa should be able to apply for permanent residence under any new program that they become eligible to apply under. It is possible, however, that they may have to apply for this program at a Canadian Visa Office located outside Canada, and they may be required to leave Canada so that they can come back and land as permanent residents.

Does the Canadian government ban or discourage immigrants from specific countries or regions of the world? 

The Canadian Charter of Rights and Freedoms does not allow the Government to discriminate against individuals based on their country of origin. All Canadian permanent immigration programs are equally available to eligible applicants regardless of which country they come from, with one exception. Individuals seeking Asylum (refugee status) from certain designated countries (i.e. countries that are considered safe countries) are discouraged from applying.

Is it possible to apply for Canadian Permanent Residency through two different programs at the same time? 

The current Immigration Regulations do not prevent a foreign national from submitting two applications to two different programs. However, the Government discourages individuals from doing this, as this creates higher processing demands on the Immigration system. It is possible that the Citizenship and Immigration Canada may ask an individual to withdraw one of the applications if they become aware that an individual has two applications pending at the same time.

Can non-Americans apply for processing of a temporary resident application (such as a study permit) at the Canadian/American border? 

Only US nationals are allowed to apply for study permits at a Canadian/American border (port of entry). However, individuals who are nationals of Visit Visa exempt countries may apply for temporary work permits at any port of entry (including Canadian/American border posts).

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