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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:

On average, how much time does it take to prepare an application for the Federal Skilled Worker Program?

Most of the time taken to prepare an application under the Federal Skilled Worker Program is associated with collecting supporting documents. For example, the applicant is required to obtain an Educational Credential Assessment for all educational credentials obtained outside Canada. This usually requires the candidate to have the educational institution send copies of transcripts directly to the Assessment Agency. Similarly, applicants are required to take language tests to prove their language proficiency in English or French. How quickly a test is available varies depending on which test and which part of the world you are resident in. In our experience, applicants require between one to three months to gather documents. Once all required documents and forms are made available, an application can be prepared for submission in five to ten business days.

What are the pros and cons of inland verses outland sponsorship of spouses?

Inland Spousal sponsorship is only available if the sponsored spouse is physically in Canada. Outland sponsorship is always an option since an applicant has the right to submit an immigration application to the Visa Office responsible for their country of citizenship. One of the benefits of inland sponsorship is that the sponsored spouse is entitled to an Open Work Permit after the application has received first stage approval. However, there are many Visa Offices that process outland sponsorships in less than one year, whereas the total processing time for inland sponsorships is currently reported as 18 months. Moreover, if the spouse being sponsored on an inland application leaves Canada before the permanent resident visa is issued, he or she may be denied re-entry as a visitor. This would complicate the application as the applicant would no longer be physically in Canada and not in compliance with the program’s requirement.

Can I extend my temporary work permit indefinitely, or is there a limit?

Citizenship and Immigration Canada (CIC) imposed a four year maximum limit on work permits with effect from April 2011. Once a foreign worker reaches the four year limit, they must leave Canada for at least four years before they are entitled to work temporarily in Canada again. However, there are presently many exemptions to this limit. For example, people working in Managerial (NOC 0) or Professional (NOC A) Occupations or NAFTA work permits are not subject to the four year limit. In all cases, however, CIC has the right to refuse to extend a temporary work permit at any time if the officer reviewing the application decides that the foreign worker has become permanent and no longer has the intention to leave Canada.

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

  1. Gayma Doobay

    Good night, I am trying to access the sponsorship for adoption a child in Guyana, its my nephew and he was living with me at the time I came to Canada, I will like to know how I can sponsor him over, so he can be able to get a good education in College. He is 18 years old, and I am happy to see that the requirement age has increased to 22.

    Thank you.

  2. Catherine

    Sorry I did typographical error..I’ll just repeat all..
    I landed in Canada under live in caregiver program. My marital status is single when I enter here though I was married in my home country year 2000. I was separated from my spouse since 2002 that’s why I did not change my marital status From single to married. Next year I might be able to apply for open work permit and PR, what shall I do to correct my mistake? I have no communication with him for 12 years already and I have no intention to include him in my application. Please give me advice how can I correct my marital status before I apply for PR? Thank you.

  3. Joar Sarmiento

    In the new plan of revising the citizenship act,I am immigrant but Im not residing yet to canada at the moment. The previous rule,a canadian immigrant can stayed outside canada 3 years out of 5 years.This residence obligation will be revised as well?

  4. bishnu bastola

    dear sir / madam,
    Is it mandatory to stay in Quebec who are applying to skilled worker PR to Quebec ? If mandatory , how much time of period applicant have to stay in Quebec ?

  5. shahid

    i want to know that if a person having HCV + but CPR is negative,can he apply for fedral skilled program.

  6. nawel

    merci

  7. Asad khan

    I have been asked to submit our Passports to CIC-London for endorsement of visa within 30 days under FSW programme. However our passports are being held by UKBA as I applid for Visa extension in UK. Can I requezt CIC for an extension of time?

  8. Roberto Alvarez

    I’ll like to know the most common way to contact employers, that may be interested in hiring our services, either directly applying or contacting them through a recruiter?

  9. Maria Ramiro

    What is the status of the backlog return policy for FSW applicants – refund has not been received yet; is there hope for them after waiting for more than 5 years? Thanks.

  10. Marilyn Martinez

    Is there a chance for a foreign worker who is not a skilled worker here in Canada to apply and become a permanent resident someday?

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