Canadian Immigration Questions and Answers with Attorney David Cohen

CIC News
Published: November 5, 2014

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.

1. I had applied under federal skilled worker program this year. My NOC code was 2133 (Electrical and electronics engineers). But unfortunately I got rejected due to a mismatch between my job duty and their mentioned job duty. Now if I wanted to apply again under different code, is it possible?

Yes, it is possible, but you need to be careful not to repeat the error you made in your previous application. Moreover, if your job duties change in the supporting documents to your second application, it may be seen as misrepresentation.

You should also be aware that you need to have at least one year of work experience in the occupation code under which you are applying, and that you have a limited time period left during which you may apply directly under the current Federal Skilled Worker Program. After January 1, 2015, there will be no eligible occupation list and candidates will not be able to apply directly to the program. From that date, the Express Entry immigration selection system will come into operation.

2. My partner is currently working in Alberta as a TFW on a two-year work permit. Is there a possibility that I can join him there during his work permit? What type of visa should he/I apply for?

Assuming you want to come to Canada and work while your partner is here, under Canada immigration regulations you may be eligible to obtain an Open Work Permit. To be eligible, you must demonstrate that your spouse or common-law partner:

  • is current working in Canada in a high-skilled occupation. A high-skilled occupation is one which is listed in Level 0, A or B under the National Occupation Classification (NOC); and
  • holds a Canadian work permit which is valid for six months or longer.

In general, your Open Work Permit is valid for the same duration as your spouse or common-law partner’s Work Permit.

3. I applied for the Quebec Skilled Worker Program in August, 2011. While inquiring about my application I got a reply to not bother the immigration office until February, 2015, since my file will not be processed until that date. So despite my great desire to immigrate and live in Quebec, I want to know if it is possible to apply for the Federal Skilled Worker program at the same time. Is it possible to apply for both programs simultaneously? I do not want to close my Quebec application.

In theory, you are permitted to submit a permanent resident application while you have another permanent resident application pending. In practice, it may be problematic as you are required to have the intention of residing in Quebec in order to apply under the Quebec Skilled Worker category. Likewise, you must have the intention to settle outside Quebec under the Federal Skilled Worker category.

4. I am currently unemployed due to a company closure in June of this year. I want to sponsor my spouse to come to Canada. Can I sponsor my spouse while unemployed? I receive unemployment and have some money saved up. Would that help?

Receiving unemployment insurance is not a bar to spousal sponsorship. There is no income test for spousal sponsorship. You can read more here.

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