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Canadian Immigration Questions and 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:

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.

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.



28 thoughts on “Canadian Immigration Questions and Answers with Attorney David Cohen

  1. Christy

    Hello. Thank you so much for providing a useful information about Canada immigration. I am about to take the IELTS and I’m aiming for a 7 in all sections. I hope I can get it. Thanks again Atty. David Cohen. more power to you and your blog.


    Dear Sir,

    Good day,
    I have a business in Pakistan and now in feature want to move in Canada with family.due to uncertain political position can not return back all investment soon it needs time.So can not show big investment for visa . please guide us how can we migrate to Canada ?

  3. Atolagbe Riliwan Ade

    i will like to know if i qualify. Thank you

  4. Binod Katuwal

    Dear Sir,
    I have one question,
    I had 5 years work experience in overseas country and i have skill work certificate also,so can i apply to skill worker for work permit visa in immigration?
    Please sir suggest me.

  5. Charlene Ramirez

    Hi! Can my partner and I be sponsored by my partner’s sister in Canada? His sister is already a Canadian citizen and will soon be bringing my partner’s parents there next year. She lives in Labrador and can very much support us financially. She has been there for more than three years. Another sister of my partner and her husband as well will be migrating there this coming June. What are our chances of being sponsored in Labrador as well? We are both employed here in the Philippines and are soon planning to get married after 10 years of being together. Your assistance will be greatly appreciated. Thanks so much!

    Charlene Ramirez


    Hi sir. my uncle live and stay in Canada, how can i immigrate with there..

  7. pushparaj baghel

    respected sir, i want to know that what is the differance bitween temporary worker visa and permanent residence visa.? is both fees are same or differ. thanku

  8. miracle

    my uncle live and stay in Canada, how can i immigrate with there aid?

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