Canadian Immigration Questions & Answers with Attorney David Cohen

Every month, Attorney David Cohen will answer a few general Canadian immigration questions submitted by our readers. Here are this month’s questions and answers:

I have a pending application for Canadian Permanent Residency. If I visit Canada, will this affect my application’s processing?

You may visit Canada during the process of your application for Canadian Permanent Residency and this should have no adverse effect on the permanent resident application. In Canadian immigration policy, this is referred to as “dual intent”.

What does it mean to have ‘sufficient ties’ in my home country, and what significance does this have for a temporary resident visa?

Before issuing a visitor visa, work permit or study permit, the immigration officer must be satisfied that you are likely to leave Canada when your permission to stay expires. If you have strong ties to your home country, the immigration officer will generally be satisfied that you are likely to return to your country after visiting, studying or working in Canada. Significant ties can include close family members who live in your home country, current employment as well as good prospects for future employment in your country, ownership of an active business, and ownership or property or other assets in your home country, among other factors. If you are not a citizen of the country where you live, your immigration status in your country of residence also has an impact on this assessment. If you can show that you will be able to return to your country of residence after visiting Canada, the visa office will likely focus primarily on your ties to your country of residence. If you immigration status in your country of residence is expiring soon, they will assess your ties to your country of citizenship instead, which may be considered weak if you have been living abroad for many years.

What action, if any, can be taken to address inadmissibility on the basis of medical concerns? Can I somehow prove that my illness will not be a drain on the Canadian economy?

If a Canadian Medical Officer reviewing your file determines that your health condition will result in an excessive demand on the Canadian health system, he/she will issue an opinion to the Visa Officer in charge of your file. The Visa Officer will, in turn, send you a “procedural fairness letter” informing you of the intention to refuse your application on the grounds of medical inadmissibility.

Before the officer makes a final decision on your file, you will have the opportunity to submit any additional information that can address the following concerns:

• The medical condition(s) identified
• Health services required in Canada
• Your individualized plan to ensure that no excessive demand will be imposed on Canadian health services

If you are still refused, you may pursue a court challenge to the decision.

If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM

If you would like to be assessed for Canadian immigration, please complete a free Canadian immigration assessment form.