Canadian Immigration Questions and Answers with Attorney David Cohen

David Cohen
Published: October 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 there. I am permanent resident in Canada and already applied for citizenship, which is in process. I recently got married and my husband is on a student visa in the USA but he has a Pakistani passport. Now I want to sponsor him. Can I live with him in the USA after applying for sponsorship from Canada? Does it affect on my application for sponsorship?

Under Canada’s immigration regulations, a permanent resident who wishes to sponsor a spouse or common-law partner for permanent residence must reside in Canada throughout the application process. Canadian citizens, on the other hand, may reside inside or outside Canada during the process of sponsoring a spouse or common-law partner for immigration to Canada. However, in such a case the couple must have the intention to return to Canada once the application is finalised.

A permanent resident of Canada who submits an application to sponsor a spouse or common-law partner, and then chooses to live outside Canada, may jeopardise the success of the application. If the permanent resident is eligible for citizenship and has applied for that status, it may be worth it to wait until citizenship is granted before submitting the sponsorship application.

2. Is it possible to create multiple Express Entry profiles with different National Occupational Classification (NOC) codes, one with NOC 2173 and the other with NOC 2174?

According to Immigration, Refugees and Citizenship Canada (IRCC), individuals may only have one Express Entry profile at a time, as set out in Canada’s immigration law.

3. I am a citizen of the United Kingdom and intend on visiting Toronto, Canada, entering over land from the US. Do I need an electronic Travel Authorization (eTA)? Please confirm, and thank you.

Citizens of a visa-exempt country, such as the UK, only need to obtain an eTA if traveling to Canada by air. If you intend to arrive over land, your admissibility to Canada will be determined at a Canadian Port of Entry, such as an official border crossing. In this case, you do not need to apply for and obtain an eTA before departure.

The Visiting Canada Tool is a handy resource for people around the world who are unsure of the steps they need to take before visiting Canada.

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