Canadian Immigration Questions and Answers with Attorney David Cohen

CIC News
Published: January 7, 2016

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 temporary foreign worker since 2013. I am working as a trade department supervisor. I would like to sponsor my spouse. Could I sponsor her? If I could, how would I go about it and what documents would I need?

Sponsors wishing to sponsor a spouse or common-law partner for immigration to Canada must have Canadian citizenship or permanent resident status. If you have not obtained permanent resident status since your arrival in Canada as a temporary foreign worker, you will not be able to sponsor your spouse for the time being. However, you may have options to immigrate to Canada permanently. If or when you obtain permanent resident status, you may then be in a position to sponsor your spouse, provided you can fulfil the program’s eligibility requirements. However, because of your status as a temporary worker, your spouse may be able to obtain an open work permit and join you in Canada for the duration of your stay.

2. How can I know whether or not my summary (misdemeanor) offense makes me inadmissible to Canada?

A single summary offence does not make an individual inadmissible to Canada. However, one cannot assume that a misdemeanor is equivalent to a summary offence. As a first step, the offence must be equated to the Canadian Criminal Code and other federal Canadian statutes to determine whether the offense in question makes a person inadmissible to Canada. Even if the offence makes the individual inadmissible to Canada, one may be deemed rehabilitated or have the opportunity to submit a rehabilitation application. It is recommended that individuals in such a situation obtain advice from an attorney who is knowledgeable about criminal inadmissibility to Canada.

3. I have been working in Quebec for the past two years and am about to submit an application for a Quebec Selection Certificate (CSQ) under the Programme de l’expérience québécoise/Quebec Experience Program. Am I required to submit through the new Mon projet Québec online system?

No. For the time being, Mon projet Québec is reserved for applicants under the Quebec Skilled Worker Program. Applicants to the Programme de l’expérience québécoise (PEQ) are neither required nor able to submit an application under the PEQ through Mon projet Québec. The PEQ application process remains the same as it was previously.

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