Canadian Immigration Questions and Answers with Attorney David Cohen

CIC News
Published: April 4, 2017

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. Hi David, I need your input on something. I did my undergrad in engineering and worked for seven years in a NOC level B job. Then I left the job and did my MBA, and from the last two years I have been working in a completely different type of job at NOC 0 level. If I apply for economic immigration to Canada using my B level job experience, and then once I obtain permanent resident status, can I take up a NOC 0 level job (similar to my current job) in Canada? Or would I be obliged to take up only B level jobs?

Permanent residents of Canada enjoy freedom within the labour market. This means that they are not tied to a specific employer, or employment type (including NOC levels), and may move from one employer to another in any location within the country.

2. I am an Indian national. I just completed my masters in financial accounting in the United Kingdom in January, 2016. But last December I was just caught shoplifting. I am very much ashamed of this act. I want to know if I am criminally inadmissible to Canada. I want to do my further studies in Canada.

Individuals who may be criminally inadmissible to Canada may be able to overcome this hurdle and gain entry to Canada. Depending on the situation, this may entail a rehabilitation application, or an application for a Temporary Resident Permit. I would encourage anyone who thinks that he or she may be criminally inadmissible to consult with an experienced Canadian immigration attorney regarding their options.

3. My husband has applied to study a course in business marketing at the University of Toronto, beginning September, 2017, and I wish to accompany him and support him. Is it possible to come to Canada with him and work?

Under Canadian immigration regulations, foreign spouses and common-law partners of foreign students who wish to accompany their spouse/common-law partner in Canada may be able to obtain an open work permit.

For locations outside the province of Quebec (such as Toronto, Ontario), the spouse or common-law partner of an international student in Canada may apply for a work permit if:

  • The international student is studying at, or has received a letter of acceptance to:
    • a public post-secondary institution, such as a college or university,
    • a private post-secondary institution that operates under the same rules and regulations as a public institution, and receives at least 50 percent of its financing for its overall operations from government grants, or
    • a Canadian private institution authorized by provincial statute to confer degrees; and
  • The international student has a valid study permit, or is in the process of applying for a study permit.

For spouses and common-law partners, open work permits are generally issued with a validity date that coincides with the period of time that their spouse is permitted to work or study in Canada, as the case may be.

International students and post-graduate workers in Canada can join the CanadaVisa Study Hub to access a range of tools and resources to assist in studying, working, and settling in Canada permanently. Members also get access to the CanadaVisa Scholarship Contest, for a chance to win $2,500.

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