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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.

1. I have passed the academic version of IELTS and wish to apply for immigration to Canada as a federal skilled worker. Is it acceptable for Canadian immigration?

The Academic version of the IELTS exam is not accepted for Canadian immigration purposes under the Federal Skilled Worker Class. Candidates applying to this program are required to show sufficient proficiency in either English or French by way of a standardized language test recognized by the government of Canada. The following tests may be taken for this purpose:

  • International English Language Testing System (IELTS) General test.
  • Canadian English Language Proficiency Index Program (CELPIP) General test.
  • Test d’Évaluation de Français (TEF).

2. Hi, I’m a civil engineer and my wife is an architect. We would like to apply to immigrate to Canada. However, we have been reading things about racism and discrimination being on the rise — is this true? Are the freedoms of Muslims protected in Canada?

While no country in the world is entirely free of racist or discriminatory elements among its population, the vast majority of Canadians welcome newcomers regardless of their religion, race, or background. Moreover, Canada has one of the strongest and most expansive pieces of legislation in the world to protect religious freedom, among other freedoms: The Charter of Rights and Freedoms. This Charter lists what it calls “fundamental freedoms”, namely freedom of conscience, of religion, of thought, of belief, of expression, of the press and of other media of communication, of peaceful assembly, and of association.

The new Canadian parliament contains 10 Muslim Members of Parliament (MPs), one of whom, Maryam Monsef, a refugee originally from Afghanistan, recently became Canada’s first ever Muslim member of Cabinet. In short, freedoms of members of all religions are protected in Canada.

3. Hi, I am a skilled IT Engineer with two years of work experience in the US. Now I want to pursue my Master’s degree in Canada, but at the same time I want to apply for permanent residence through the Federal Skilled Worker Class. Is it possible that first I apply for permanent residence, then apply for a student visa? Thanks!

While there is nothing in the law that prevents an individual who is currently studying, or clearly intending to do so, from applying to the FSWC, it should be noted that the FSWC is an economic immigration program that targets individuals who aim to enter the Canadian labour market (i.e. work in Canada) upon landing.

Given your intention to apply for permanent resident status before applying for a study permit,* the immigration officer assessing your study permit application may have legitimate concerns about your intention to leave Canada at the conclusion of your temporary stay in Canada, as well as concerns that you may be applying for permanent resident status with the primary goal of studying in Canada upon landing. The decision on the specific case would be at the officer’s discretion.

*Applications for permanent residence as a federal skilled worker are managed through the Express Entry immigration selection system. A candidate may only make an application if he or she has created an online profile and received an Invitation to Apply for permanent residence. Admission to the Express Entry pool is not an application for Canadian permanent residence; it is an Expression of Interest.

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

  1. Abdul Hakim

    hello sir or madam, this is Abdul Hakim Halimi from Herat , Afghanistan sir I have worked 2 years with Canadian armed forces and 3 and half years with United state and Italian forces as a translator and interpreter also it is about 8 years I am teaching English and computer I mean I am an English and computer instructor and I have graduated from political science university , fast English And Persian Typist too few more skills I have also like motor bike mechanic also for all these skills that I have how can I take visa to go to Canada with my small family I have two sons and my wife please give me more information how can I apply for visa

    thanks

  2. sanjeev bansal

    Dear Sir
    I am writing to ask you for the information about provincial nomination program (PNP) of Canada . I seek about it at cic website but I am unable to find it . Please write me the mandatory requirements eligibility criteria
    Age 28 (11/08/1987)
    Experience 08 years in insurance field (I have been working in my working area eight years )
    LANGUAGE skills I got 7 bands in general training exams
    listening 7.5
    reading 7
    writing 7
    speaking 7
    Education :- I have done my graduation from guru Nanak Dev university at amritsar

    I am looking sasketchwan province program & Ontario province program

    please held me or write me what should I do

    I look forward hearing from you soon

    Yours faithfully
    sanjeev bansal

  3. Anjalee Vishnani

    Hello Sir,

    I’ve cleared the IELTS general test and also done with the ECA by WES, however when i enter the EE profile it shows ineligible. I tried creating a new profile and it again shows ineligible for no reasons known to me. Should the old profile deleted? If yes, how is that done?

    Have you come across any similar scenarios and if you can help to deal with it?

    Thanks & Regards,
    Anjalee Vishnani

  4. faizan jafri

    Dear Sir
    I recently received a PT notification from Ontario in my Express entry profile. I currently have 407 CRS points. My fiancé is a Canadian national by birth and we are engaged for the past 2 years, I have solid evidence of the engagement, our other pictures together, whatsapp chat history for the entire period and the call history.

    My question is will it prove sufficient ties with Ontario if I declare my engagement, or will I have to get the marriage done. The issue is that she is currently in Ontario, Canada and the marriage ceremony will have to take place over Skype and the other issue is that when I update my married statues in the Express entry profile, my points go down to 383 (below the eligibility for OOPNP program).

    Please advise what to do?

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