Q & A: Immigration Questions and Answers “1″

This newsletter, edited by David Cohen, contains information pertinent to applicants for immigration to Canada in the various categories. The information contained herein is a compilation of recent postings on the misc.immigration.canada newsgroup, and appendices which will vary in content from issue to issue.
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1.1 FBI Clearance/Buffalo One Step Policy

Q. Does anyone know what will happen to my application if I send my application first and FBI clearance a few weeks later?

Answer: Although the submission of all documents are requested by the Buffalo IAPC as part of their one-step application procedure, this visa office will process your application prior to the receipt of the police clearance documents. This is not necessarily the case at all one-step posts.

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1.2 Status at Time of Submission

Q. At the time that I submitted my application for PR, I was a student in Canada. Just prior to receiving my landing documents, I discontinued my education. Will this affect my status?

Answer: The fact that you were a student at the time that your application was submitted, assuming that you were the principal applicant, would have had no bearing on the outcome of the application.

Q. I have started the Ph.D. program in electrical engineering last September and finished the course requirement. I had an interview for PR in canada two weeks ago during which the officer went through my application and checked my education and working experience, etc. The officer approved my qualification for PR, but she asked to quit the Ph.D. and look for the job, then she will issue me a PR. Can i be refused?

Answer: There are no provisions in the Immigration ACT, its attendant Regulations, Canadian immigration Policy, or jurisprudence which provides for refusal on the grounds that have been indicated to you.

For some time, our office has noted the emergence of policies counter to this at certain visa offices. We are presently involved in representations addressing this issue, and will provide information regarding the outcome in an upcoming newsletter (no expected date as yet).

Comment: The recent court case of Margarosyan v. Canada (26.11.96) reversed the decision of an immigration officer who imported the assumption that the applicant was required to enter into her intended occupation (in this case as a Self Employed individual) _upon arrival_ in Canada. In this case, the definition of a Self Employed applicant, at no time, makes mention of this requirement.

Similarly, the definition of a skilled worker applicant (independent) does not, in any way, specify the requirement that an applicant engage in his/her intended occupation immediately following landing. The provisions of the immigration Act or the applicable Policy manuals do not bar an applicant who may not be able to engage in his or her intended occupation immediately, including for reasons of study within or outside of Canada, from succeeding in the immigration process. Such requirements, do not preclude such an applicants compliance with the requirements of an independent immigrant.

The full text of the Margarosyan v. Canada case is provided in Appendix 2.3.
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1.3 CCDO/NOC

Q. Somebody told me that there is another book, similar to CCDO, published in 1992. I believe its called Canadian Ocupations Directory. Are job descriptions there similar to those is CCDO?

Answer: The National Occupational Classification (NOC) is not yet in effect for the
purpose of Federal applications. The definitions are not the same.

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1.4 Background/Security Clearance

Q1. My understanding is that some sort of background check is done on every applicant, yet the crucial aspect is the scope of the check. It can be very broad and encompassing and, consequently, take a long time. Or, it can be of quite limited scope, which implies that it will be completed promptly.

Answer1: The scope of the procedure is not typically the consideration. Rather, the locations in which an applicant has resided, and sometimes the nature of his/her profession in such time is the determining factor for the length of the process.

Q2. As I also understand (which may be incorrect), it is up to the immigration officer to decide on the scope of background check which (s)he orders from relevant Canadian authorities. Thus, by determining the scope of the background check, the immigration officer is indirectly exercising control over the processing speed. In other words, if the immigration officer would like your application to be completed fast, (s)he would order one sort of background check. If not, then a more extensive background check will be ordered.

Answer2: There is nothing to suggest that an immigration officer, or his/her preferences for the conclusion of an application, has a bearing on the conclusion of the process.

Q3. It seem to follow from the postings on the newsgroup, that the background check on citizens of Western countries is completed very quickly, which results in a fast completion of an application (4-6 month), while some (not all) applicants from former Eastern block, PRC and some other countries have to wait much longer (up to 1-2 years). Say, I am a citizen of Russia, and I can potentially expect the background check on myself to take 1 year or more.

Answer3: Again, although certain countries are more prone to delays, it is not necessarily the case that all applicants from a certain country will incur such.

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1.5 Residence in 2 Countries

Q. I recently received permanent resident status in a country other than Canada. I expect to successfully conclude an application for similar status in Canada. Is there any way I can legally maintain the status in both countries.

Answer: An individual may not retain permanent residence in Canada and another country indefinitely. If it is determined that this individual had the intention to abandon Canada as his place of permanent residence, status could be revoked even if 183 days of absence had not been surpassed.