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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. These questions cover immigration programs, eligibility, processing, language requirements, investing in Canada, landing, admissibility, studying in Canada, working in Canada, and much more.

Here are this month’s questions and answers.

1. Hello,

I applied under the FSW program under NOC 2132 (Mechanical Engineers) in December, 2014. I haven’t heard anything so far regarding my application. Can I apply under the Express Entry system without knowing the status of my previous application?
Kindly suggest.

Regardless of what the status of your existing application is, you may enter the Express Entry pool as long as you remain eligible for at least one of the three federal economic immigration programs processed through the Express Entry system. If you receive an invitation to apply for permanent residence in Canada through Express Entry and choose to make an e-application thereafter, you will first have to withdraw any previous economic immigration application you made previously.

2. Good Day,

 Can I re-apply for spousal sponsorship (husband) once the previous application was withdrawn ? We are still married. We separated for a few months and now we are back together. If I could apply again, would I have to start the whole process again or we could re open the last application?

 Really appreciate your feedback. Thank you and have a nice day.

In almost all cases, once an application is withdrawn it is withdrawn permanently. If you remained married to your spouse throughout the period of separation and satisfy all other spousal sponsorship requirements, however, you may be in a position to begin a new immigration application.

You may fill out a free assessment of your eligibility for spousal sponsorship, and I will get back to you regarding your options shortly afterward.


3. I have been picked from the Express Entry pool and invited to apply, but I’m unsure if I will get the FBI clearance back prior to the 60 day deadline under Express Entry. I used to live in the United States. Can I apply without it, but show that I have applied and should get the clearance in the near future?

In exceptional circumstances, some applicants may experience delays in obtaining police certificate within the 60-day timeframe allocated to submit a complete an application under Express Entry. In such situations, applicants should submit a letter of explanation as part of their application and include proof of having requested a police certificate (for example, a copy of the receipt obtained when they requested the police certificate from the prescribed authority). Efforts should be made as early as possible to obtain the relevant police certificate, and any receipt(s) should be forwarded with the letter of explanation when the application is made. Once the hard copy of the police certificate is obtained, it may be sent to the following courier address:

ATTN: CSU-EE

Centralized Intake Office

49 Dorchester Street

Sydney, NS  B1P 5Z2

The officer’s discretion may be required in assessing whether police clearances that do not fall within these time limits are valid and reliable for the purpose of evaluating admissibility.

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

  1. FARAH SIDDIQUI

    Actually I withdraw my Immigration Application process in the year 2014 as an Investors from Pakistan due to some family issues,now again I wanted to resubmit my Application process . How do I rejoin my previous Application process?
    please reply with Thanks.

  2. Mathew

    Can the sponsor in Canada change or transfer the sponsorship for parents, while the application is in process.Suppose the son who is a Canadian Permanent resident who has applied for his Parents immigration under Family sponsorship , change his sponsorship to his sister who is also a Canadian citizen for the immigration of the same parents, without losing priority in processing.

  3. Rai Mazhar Farid Jami

    Dear Sir

    Can you please explain proof of funds for immigration purposes. Can we carry attested bank statement for required amount? Can we claim limit through credit cards also?

  4. Propeta

    Please enlighten me! I made my Express Entry Profile here is the break down of my score:

    CRS – Human Capital – Age ……………………………… 110
    CRS – Human Capital – Level of Education…………….. 98
    CRS – Human Capital – First Official Language………….88
    Proficiency
    CRS – Human Capital – Second Official Language……..0
    Proficiency
    CRS – Human Capital – Canadian Work Experience………0
    CRS – Spouse – Level of Education…………………………0
    CRS – Spouse – First Official Language Proficiency………0
    CRS – Spouse – Canadian Work Experience……………..0
    CRS – Skill Transferability – Education………………….13
    CRS – Skill Transferability – Foreign Work Experience…13
    CRS – Skill Transferability – Certificate of Qualification..0
    CRS – Arranged Employment……………………………600
    CRS – Provincial/Territorial Nomination……………….0
    Your overall points score………………………………..922

    My Job offer with LMIA is Lower Skilled Job specifically Skilled C child care provider. I thought they will decide first if my Job offer is allowed to be able to receive an initiation to apply. Out of schock, I got an invitation. I sent all the documents. Please help me to explain everything to me so I can make a move before anything else. Was it possible to Have a job offer Skilled C and apply for FSWC (express entry)?

    Thank you for the one who will answer my uncertainties.

  5. Ranjith Parlikad Variam

    I applied PR for my wife on September 2014. I got my sposership approved on November 2014. On July 2015 the application status changed to “In Process”. CIC had requested for a medical re-assesment on July 2015 as medical reports were expired. We have already submitted the medical re-assesment to CIC in July it self. We didn’t get any response yet from Canadian high commission in India. Please tell us about how long it might take the PR to be approved after the medical reports are being submitted. Thankyou for your time.

    Regards,

    Ranjith Parlikad Variam

  6. ali

    I am 34 and very active and I know English professionally and I have experienced in drilling job as MWD MAN engineering and worked in GWDC for 4 years. But I like to work at Canada Ali live there for future…thanks

  7. farha patel

    hi i want to come to canada for work with my husband and a new born baby can you help me out with the procedure and any benefits for the baby too.

  8. dunya

    I want to be a citizen of canada with my family because we are a fear of big band that government can not do anything can canada government can help us? thanks.

  9. Ranjith

    Hi,
    I had applied for Canadian student visa on 3rd june 2015, till now i dint get any reply from them the status in online is open, even if i mail to CIC they are not replying so can i apply for visa again as its been almost 6 weeks since i applied for visa and in cic website its mentioned as the processing time is 3-4 weeks. need your suggestions please.

    Regards
    Ranjith

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