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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. I am a Canadian citizen and I am working in USA under a working permit. I have married a Chinese woman and she just got her Canadian immigration visa. Can she come to live with me in the USA having her confirmation of permanent residence (COPR) and her permanent resident visa?

Your spouse must first physically land in Canada in order to activate her permanent resident status. Being granted Canadian permanent resident status does not alter an individual’s right to live and work in the United States, which operates an immigration system that is independent of the Canadian system. Moreover, new permanent residents of Canada who wish to retain their permanent resident status over the long term should note that they must meet certain residency obligations or they may lose their permanent resident status.  Additionally, if a permanent resident ultimately wishes to make an application for Canadian citizenship, he or she must also satisfy certain residency criteria.

2. My daughter has received an Invitation to Apply for permanent residence under the Express Entry system. She is yet to submit the papers. In India she is working as Pharmacovigilance Analyst in a reputed company. Now while submitting papers she wants to change her NOC code. Our query is will it affect her chance of being granted permanent resident status in Canada in any way.

Applicants for Canadian immigration through the Express Entry system should be cautious of discrepancies between their profile and their e-application. Certain discrepancies may be viewed as misrepresentation, which may result in a ban on applying to immigrate to or enter Canada for a period of five years. If the NOC code chosen initially does not accurately reflect the nature of the work performed for a given position and another NOC code is more appropriate, any change from one NOC code to another will likely need to be explained thoroughly, and some new supporting documents may need to be required in order to reflect the change. Ultimately, any decision is at the discretion of the Visa Officer reviewing the file.

3. I overstayed a visa in the UK for two years. Does this fact make me ineligible to apply for immigration to Canada?

How an overstay in another country affects any application for immigration to Canada will depend on the nature of the particular situation. For example, some individuals end their overstay voluntarily, while other individuals may have been issued a departure order by the authorities. Other factors, such as the length of the overstay, whether or not the individual worked illegally, or humanitarian or compassionate factors, may also be taken into account. In some cases, the preparation of a legal opinion letter outlining the specifics of the case in question may assist an application for immigration to Canada.

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

  1. Avatar
    Soniya Singh

    Me my husband and my son we all three applied for Canada visitor visa and my son got the visa but my husband didn’t get because accidentally his USA barcode from his passport was tear officer said we tried to hide his Usa refusal …but now we gave affidavit and tell them how it removed and resubmit his passport …will he get the visa or he will be banned

  2. Avatar

    I have recently received an ITA for EE. I am a qualified architect and had been working with architecture firms for 5 years. While filing for the EE I had submitted the code 2151 = Architects, considering the large part of my previous work experience and qualification. However, my current work experience (last 5 years) does not match the 2151 code at a 100%. I figured it matches the code 0212 = Architectural and Science managers more. Both categories fall under 0, A categories. Since I plan to submit a reference letter for the latest 5 years of experience, I will need to review my NOC. This is not changing my score either (I am still above 67/100). So my query is- will it be a right decision to change the NOC after receiving the ITA and if yes, then how can it be done? If no, why would you discourage?

  3. Avatar
    ahmed mohamud

    I am somalian refugee lives in Ethiopia I want to be canadian citizen please help me to come there

  4. Avatar
    Mayaline youssef

    Hello, i am a lebanese girl with a master dagree in stem cells and regenerative medicin, i dream in coming, live and work in canada
    What to do to come fastly into canada
    Because the canadian embasy here in lebanon won t give permition before 4 years

  5. Avatar
    Janani S

    Dear Sir,
    I have submitted my profile in express entry pool and got a score of 366, this month first draw was 450 and now it went up to 489. is there any chance the score for ITA will come down to 350 and above? awaiting for an ITA…

  6. Avatar
    basheer gasmalla

    i wont to know how to be qualify for Canadian immigration

  7. Avatar

    I am Australian living in vancouver for 4 years in the iec work program. There are now huge restrictions for Australians to live and work in canada and in December my work visa expires. Will immigration change for Australians with the new liberal government. Will we be able to extend our work permits after 4 years

  8. Avatar

    I want to apply canada immigration under FSW program. If my ielts score overall 6 or 5.5 can I qualify the express entry pool?

  9. Avatar
    zaid shakil

    Hi there,
    well i am from Pakistan and i want to apply for Canadian immigration but i don’t have enough knowledge to apply or qualify for any visa system ..will you please help me out in sense of guiding me . i really appreciate if you do this to me.
    zaid shakil

  10. Avatar

    Dear Sir,
    I’m 35 years old? I am a teacher I Have a degree and one son I want to immigrate to Canadá, what should I do, I can speak English fluenty , I am from Venezuela

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