immigration

 

FAQ

1. What is a Canada Immigration Visa?
A Canada Immigration (Permanent Resident) Visa is a document which allows a person to live and work anywhere in Canada, and confers upon that person Permanent Resident status. It comes with certain responsibilities and may be revoked if the holder does not meet Canadian residency obligations, or is found guilty of serious criminal activity. A person who is a Canadian Permanent Resident may apply for Canadian Citizenship after 3 years.

2. How is a Work Permit different from a Canada Immigration Visa?
Work Permit allows an eligible visitor to reside and work in Canada for a limited period of time, and restrictions are sometimes placed on the type of employment which can be pursued. It will not, by itself, lead to Canadian Permanent Residency, but can be a stepping stone to achieving this status. By contrast, a Canada Immigration Visa entitles its holder to live and work anywhere in Canada, enjoy many of the privileges of Canadian Citizenship, apply for Canadian Citizenship after 3 years and sponsor family members for Canadian Permanent Resident status.

3. Can I apply for Permanent Resident status and Temporary status at the same time?
You can apply for Permanent Resident status and Temporary status at the same time. Canadian Immigration policy recognizes the concept of dual intent.

4. Is my current immigration status relevant for Canadian Immigration purposes?
Yes and no. As a general rule, you must submit your Canada Immigration Visa Application (Application for Permanent Residence in Canada) to the Canadian Immigration Visa Office responsible for the country of your citizenship or to the visa office responsible for the country you are currently residing in if you have been legally admitted to that country for at least one year.

An exception to the general rule exists in the filing of applications under the Federal Skilled Worker category of Canadian immigration. Applicants in this category must submit their initial application to the Central Intake Office (CIO) in Sydney, Nova Scotia, wherever they may be physically located. 

5. I have heard that Canada Immigration Regulations have changed. How will I be affected?
Canada immigration regulations, laws and policies are constantly subject to change. To remain continuously informed on changes being made by Citizenship and Immigration Canada, please visit CIC News.

6. Is there a benefit to using an attorney for immigration to Canada?
Yes, there is. Immigrating to Canada has over time become more and more complicated. There are currently more than 60 different federal and provincial immigration programs under which an applicant may qualify and it is very difficult for an individual to know which program is most suitable to their circumstances. Even though Citizenship and Immigration Canada permits you to submit a Canadian Immigration Visa Application on your own, statistically, your chances of succeeding are increased if a qualified Canadian immigration attorney represents you. Moreover, a perfected application will, in many cases, shorten the immigration process, allowing you to obtain your Canada Immigration Visa faster. 

Campbell Cohen has been widely recognized as a leader in Canadian immigration for over 30 years. Here are ten reasons why. 

We will: 

  • Guide you in the selection of the Canadian immigration category that is best for you.

  • Maximize your chance of submitting your completed application and supporting documents before a cap/limit is reached.

  • Guide you in the assessment of your educational credentials by the appropriate organization when designated by the Government.

  • Provide you with a free IELTS online exam preparation course to assist you in obtaining the best result possible on the language proficiency exam.

  • Guide you in the preparation of your documents so that you are awarded the maximum number of Canadian immigration points that you are entitled to.

  • Provide you with the tools and resources to help you find work in Canada.

  • Speed up the Canadian immigration application process by avoiding mistakes that cause delays or refusals.

  • Regularly re-assess your qualifications against the more than 60 categories of Canadian immigration that lead to a permanent resident visa.

  • Be your voice to Canadian immigration authorities.

  • Treat you with the respect that you deserve...always.

7. Who qualifies for a Canada Immigration Visa?
Canada Immigration (Permanent Resident) Visas may be issued to federal and Quebec skilled workers, provincial nominees, people who have studied and/or worked in Canada, and business persons under Canada's economic immigration categories. Close family members of Canadian citizens and permanent residents may be issued Canada Immigration Visas through family sponsorship. Finally, Canada issues permanent resident visas to qualified asylum seekers and certain individuals on humanitarian and compassionate grounds. 

8. Who can I include in my application for a Canada Immigration Visa?
Your spouse/common-law partner/conjugal partner and any dependent children must be included in the application. Dependent children must be under the age of 22 years, or, if they are 22 and older, they must be full-time students and not have interrupted their education since the age of 22. Your dependents will be subject to medical and security clearance requirements. A change in family status after your application has been submitted may affect the processing of your application. 

Parents generally cannot be included in your application, and cannot currently be sponsored for Canadian permanent residency. However, parents and grandparents may, at this time, be eligible for the parent and grandparent supervisa.

Citizenship and Immigration Canada affords equal rights under the Canada immigration application process to same-sex partners.

9. Are there special immigration procedures for different provinces in Canada?
Certain provinces have been given the authority by Citizenship and Immigration Canada to select or nominate candidates for immigration destined to their respective province under the Provincial Nomination Program

Quebec has exclusive authority to select candidates who intend to reside in that province.These applicants are subject to Quebec's selection criteria, in addition to Federal medical and security clearance requirements. They must also pay an additional fee for processing by Quebec immigration authorities. Applicants who qualify under the Federal selection requirements may not necessarily satisfy Quebec's selection requirements, and vice versa.

10. Is a job offer required for immigration to Canada under the Skilled Worker/ Professional category?
No. You can qualify for a Canada Immigration (Permanent Resident) Visa without a Canadian job offer if you have at least one year (within the last 10 years) of paid work experience in one of the 29 qualifying occupations. The Quebec Skilled Worker category of immigration and some of the Provincial Nomination Programs do not require a Canadian job offer in order to qualify.

11. Are there different types of job offers that a Canadian employer can make?
Yes. There are essentially two types of job offers that a Canadian employer can make: 

  • A temporary job offer is an offer of Canadian employment that is made for a specific period of time – 6 months, 1 year, etc… You can only begin working, in most cases, after you receive a Temporary Work Permit.

  • A permanent job offer is an offer of Canadian employment that is made for an indeterminate period of time. You can only begin working after you receive your Canada Immigration Visa.

12. Can I apply for a Temporary Work Permit and a Canada Immigration Visa?
Yes, you can. You may apply for a Temporary Work Permit on its own or in combination with an application for a Canada Immigration Visa. Citizenship and Immigration Canada (CIC) recognizes the concept of "dual intent" whereby, you desire to work in Canada temporarily and thereafter reside and work in Canada permanently.

13. What are the advantages of obtaining a permanent job offer from a Canadian employer?
The benefits of obtaining a permanent Canadian job offer are: 

  • Increased opportunity for a successful application under the Skilled Worker/ Professional category and the Provincial Nomination Program (PNP) category.

  • Canadian Immigration Visa Offices "fast-track" applications submitted under the Skilled Worker/ Professional category, where the applicant has received a validated job offer from a Canadian employer. Likewise, priority processing is given to all applications submitted under the Provincial Nomination Program (PNP) category. In both situations a Canada Immigration Visa should be issued in less than one year unless there are medical and/or security issues.

  • Under the Skilled Worker/ Professional category, if you do not have at least one year (within the last 10 years) of paid work experience in one of these 29 qualifying occupations, you must have a Canadian job offer in order to qualify for a Canada Immigration (Permanent Resident) Visa. Moreover, there is no limit on the number of applications that will be considered for processing when accompanied by a permanent, full-time job offer (Arranged Employment).

14. What are the advantages to hiring an attorney?
 Often, employment and business opportunities are time sensitive and for that reason having a legal representative in Canada with expertise in the area of work permits is the most efficient way to proceed.
It is important to note that, while your qualifications are supposed to be the determining factor in the success of your work permit application, the Citizenship and Immigration Canada (CIC) Officer's discretion can play a crucial role in the final outcome of your case. Under Canadian immigration regulations, CIC Officers are given a great deal of discretion in the handling of your work permit application.

15. Do I become a Permanent Resident of Canada as soon as my Canada Immigration Visa is issued?
No. You will only become a Permanent Resident of Canada when you cross a Canadian port of entry with your valid passport and your valid Canada Immigration (Permanent Resident) Visa. This is referred to as 'landing in Canada'.

16. What documents do I need with me when I first land in Canada?
When you first land in Canada, you will need your valid passport containing your unexpired Canada Immigration Visa and a document entitled Confirmation of Permanent Residence. Your accompanying dependents, if applicable, will need the same. 

It is a good idea to also have evidence of your settlement funds and an inventory of all personal belongings in your possession and other items that you now own but intend to bring to Canada at a later date.

17. Must I stay in Canada after landing in Canada as a Permanent Resident?
Permanent Residents are not obliged to remain in Canada, and are in no way restricted from departure at any time. However, as a Canadian Permanent Resident, you must accumulate two years of "residency days" in each five-year period in order to meet your Canadian residency obligations

18. What is the Canadian Permanent Resident Card?
The Canadian Permanent Resident Card is a small, secure plastic card containing personal information on the cardholder and that confirms the cardholder's status as a Permanent Resident of Canada. 

19. When can Canadian Citizenship be obtained?
Canadian Citizenship can generally be obtained after three years of Permanent Residence in Canada. 

20. Does Permanent Resident status in Canada permit me to enter/work in the US?
Permanent Resident status in Canada does not affect US immigration requirements for eligibility to legal employment. The North American Free Trade Agreement, which applies to citizens of Canada, does facilitate US employment in certain cases. 

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