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Canadian Immigration Questions and Answers with Attorney David Cohen

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David Cohen answers a range of Canadian immigration questionsEvery 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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103 thoughts on “Canadian Immigration Questions and Answers with Attorney David Cohen

  1. Avatar
    Sukhbir

    Hello sir
    My husband is on work permit in Canada. Can I apply for Canadian work permit. Please suggest what should I do. I already done my MBA in india.
    Thanku

  2. Avatar
    Jairam

    Is there a Business tie-up between Canadian immigration department and IELTS?
    Because there’s no other international test that’s accepted for immigration except IELTS. Don’t say CELPIP as it’s not available anywhere except Canada
    Is there any chances they add new English language tests for Skilled immigration purposes?

  3. Avatar
    Amjad

    Hi David,
    I have contact with CNRL Oil company and i get an invitation of work, they told me to contact with the immigration of Canada, the immigration told me to contact with Zonal tourist to send me the the authorization letter but they ask me to send 325$,
    Should I send or what can I do !

  4. Avatar
    Allen

    Hi James, yes it is possible for you to apply for a job in Canada while resident in Nigeria.

    This is only on the basis that the company you’ve applied to offers Visa Sponsorship and your qualifications can actually make you stand out from the pool of applicants for the same job advertised.

  5. Avatar
    Allen

    Hi, you need to register for a PR on the CIC website where you will attain a score and if your score is within the range for the next draws then you will be informed of your ITA.

    This is a normal and legit process to migrate with your family to Canada.

  6. Avatar
    Rob H

    How are the changes to the Citizenship Act coming along? I am following keenly, particularly in relation to the reduction of the qualifying period of residence. The Bill’s progress seems to have stalled. Is there an expectation that the Bill will be passed as drafted?

  7. Avatar
    Jihad Nicolas Ghanem

    Hello everyone
    My wife is the principal applicant of immigration application to Toronto. She received a Provincial Nomination from Ontario and we have further received ITA on 24 Dec 2016. We have completed the medical tests and necessary steps and fully applied all what is needed on 18 Feb 2017 and have been waiting for the approval to immigrate since then. We have been told it requires anywhere between 4 to 6 months to receive the final approval to immigrate.
    The question is that my wife wants to travel with her mother so that she can assist her with my 2 young girls while I finish all that is necessary to close my business and settle some issues in my home country. We know we have to apply for my mother in law a visa and for that we need to have an address in Toronto and fullfill other requirements.
    We are lost and hesitant on what best can be done to avoid time delays as we plan to leave for good as soon as the approval comes but we cant leave without the visa of my mother in law so that she can also be with my wife there since i will not be permanently staying in Toronto the first year.
    Therefore your advise on what’s best to be done to ensure getting the visa of my mother in law on time to go for good asap as this seems to be a big hurdle for the time being.
    Thank you for your help and support in advance.

  8. Avatar
    Sonika

    Hi David
    I am an Indian national and wish to move to Canada with my family.I am into teaching with an experience of 9 years in the field.I have done post graduation in education and am currently pursuing post graduation in commerce.I wish to know if my age i.e.42 years, will hamper my prospects towards express entry?Also suggest me any other way that can facilitate my aim of migrating to Canada.

  9. Avatar
    arif bin islam

    Hi David I am permented resident in Canada (PR) my question is how long can I live out of Canada

  10. Avatar
    kibire Tefera

    Hi i am kibire Tefera my dream is I am study masters and work i will try ever day but i am not get thus chance

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