Canadian Immigration Questions and 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:

Is it mandatory for my spouse to meet a language threshold?

It is not mandatory for a spouse to meet a minimum language threshold, under the new regulations applicable to the Federal Skilled Worker program. However, if a spouse can demonstrate language proficiency in either English or French above Canadian Language Benchmark 4 in all four skills (i.e. Reading, Writing, Speaking and Listening), then 5 points will be awarded under the Adaptability Selection Factor.

I play in a band, and we want to tour in Canada. We are from the United States. Do we need to secure a work permit or other documentation?

The determination as to whether a work permit is required depends on the venue(s) that you will be performing at. If you are going to perform at a bar, restaurant or other similar establishment, a work permit is required. Generally, foreign performing artists can perform at large stadium sized venues, music festivals or private events without a work permit. It is important to keep in mind that with or without a work permit, prior criminality can make a person inadmissible to Canada, and this should be evaluated prior to departure to prevent denial of entry at the border.

I am awaiting my IELTS results. Can I submit an application for the FSWP with pending results, or must I have received results before I may submit?

Original language proficiency test results were a required document in the past. Applications submitted without required documents are usually returned without processing. The Government will be issuing new forms and a new checklist of required documents in relationship to revised FSWP expected to open on May 4th, 2013. While the new checklist is not yet available, it is expected that original language proficiency test results will continue to be a required document.

Can you provide any updates on the court case against the government on behalf of pre-February 28th, 2008 applicants? Do we have any legal recourse now that the judge has not decided in our favor?

In his decision, Justice Rennie certified questions that can be submitted to the Federal Court of Appeal for further consideration by a three judge panel at the Court of Appeal. At present, it appears that the Federal Government intends to continue with its plan to eliminate pre-February 28th, 2008 files. As part of this process, government processing fees will be returned to applicants. However, should an appeal be successful, the Government will be obliged to reopen all the files and resume processing. Any appeal must be filed within thirty days of Justice Rennie’s decision.

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