(1 - Lawyer) Why should I hire a consultant or a lawyer when CIC claims that the guides are self-explanatory and that everybody can do it?

The guides are far from self-explanatory. Visa officers are often looking for a great deal more than is indicated in the guides. It is easy to make a mistake, to forget important document or get the document in proper form. The paperwork is often prohibitive and many applicants simply do not have the time to deal with it. While you are certainly allowed to prepare your own application, you may not have the necessary knowledge and skills to do so. Behind every application and all the forms is legislation and regulatory requirements that need to be interpreted properly in order to comply with them.

(2 - Forms) Can I submit my application to an office that has the shortest processing times?

No. Immigration and Refugee Protection Regulations (IRPR) clearly say that you can send your application only to the office that is responsible for your country of residence. If you are in a country that is not your native country, you can send the application to the office responsible for this country but only if you were admitted to this country for at least one year. In another words, if you came as a visitor to any country, you cannot submit your application in this country.

(2 - Forms) How long will it take to process my application for permanent residence?

Nobody can answer your question. Each application is processed differently and each visa office has different standard processing times. Even if you applied on the same day as your friend, it does not mean that your applications will be processed simultaneously. The best way to ensure that there are no unnecessary delays is to prepare a solid application, properly filled out forms, and complete supporting documents that will conclusively prove your education and experience.

(2 - Forms) Where do I find appropriate forms to apply for permanent residence?

On Citizenship and Immigration Canada’s official website. Our clients do not have to worry about the forms; we will prepare them for them and make sure that they are filled properly and without errors.

(3 - Application) How soon can I apply for Canadian citizenship?

A permanent resident can apply for Canadian citizenship after physically residing in Canada for 3 years. If you leave Canada during that period, this can delay your ability to apply for Canadian citizenship.

(3 - Application) I am permanent resident of Canada. I want to invite my friend. What do I have to do?

You will need to send your friend an invitation letter. Each country has different requirements for such a letter but you can look at a sample invitation letter. It is strongly suggested that you have your signature notarized. You should also send your friend some documents showing that you can afford to support him while he is in Canada. Every application for visitor visa is assessed on its own merit and your friend will have to prove that he will return home after his visit. For more detailed information please contact us and schedule a consultation.

(3 - Application) I have a job offer from Canadian company. I am well qualified for this job and I speak good English. I live in the USA for the past 5 years but I am already out of status there. Can I apply for the work permit in the USA?

You could apply but your application will be most likely refused. You violated immigration rules of the country where you live so should Canada believe that you will not do the same? Your only option is to return back home and apply at the visa office responsible for your country. Even then, your previous illegal stay in the USA may be a reason for refusal.

(3 - Application) I heard that I can come to Canada as a visitor and then change my status to that of a worker. How can I do that?

You cannot. Once you are in Canada as a visitor, you cannot change your status unless you become a spouse of Canadian citizen or permanent resident or claim a refugee status and your claim has been approved. Even if you find a job in Canada, you will have to apply for a work permit outside Canada. You could apply for work permit in USA if you already have a visitor visa to USA. If not, you will have to send your application to your home country or the office that is responsible for that country.

(3 - Application) I was refused extension of my visitor visa. Can I now apply for refugee protection? I do not want to go back.

In theory, you can. Everybody has the right to ask for protection and have the opportunity to have his claim heard. But it is unlikely that your claim will be accepted and that you will become permanent resident based on such a claim. You should talk to reputable consultant or lawyer and ask him about your situation and how he could help. Often, there are other ways to deal with the problem. Ideally, if you are considering making Canada your home, you will approach a professional immediately, before you start listening to "friends" and unscrupulous "consultants" that promise you anything in exchange for a hefty fee.

(3 - Application) What can I do if my application fails?

You can appeal your rejected application. Depending on the type of rejected application you appeal to either the Federal Court or the Immigration and Refugee Board. There are strict time deadlines and complicated rules for any type of appeal.

(4 - General) Can Canadian citizenship be revoked?

If Canadian citizenship has been obtained through fraudulent immigration presentation it can be revoked. This applies to those who received Canadian citizenship through naturalization process.

(4 - General) Can immigration visa be extended?

No, immigration visa cannot be extended. If conditions mentioned in paragraph 1.4 have not been met, an individual will have to initiate the application process again from the very beginning.

(4 - General) Does Canada recognize dual citizenship?

Yes, Canada recognizes whatever citizenship an individual has. If you have Canadian citizenship, Canada does not require you to abandon your original citizenship.

(4 - General) How can a Canadian Landed Immigrant get a relative permanently to Canada?

If you wish the relative (such as spouse, child, parent, grandparent) to obtain Canadian Permanent Landed Immigrant status you need to sponsor the relative. We can assist you with this

(4 - General) I would like to work in Canada. Can you help me?

That would depend on your education and experience. Some occupations are in high demand in Canada and it may be possible for us to find you work. We only work with Skilled Foreign Workers. You must attain the following requirements:

• Must have 72 units of College
• Must supply certifications
• Must be a graduate
• Pass Medical Examination
• No Criminal Record
• Can apply for immigrant status after 2 years of work
• Must have good English skills
• Must pass our personality test

(4 - General) What do I need to stay in Canada permanently?

Generally a non-Canadian is required to obtain Canadian Landed Immigrant status to stay in Canada permanently. An application must be made.

(4 - General) What do I need to visit Canada?

Generally a non-Canadian is required to obtain a visitor visa to visit Canada. Certain countries are exempt from the visitor visa requirement. Generally an application must be made. We can assist you with this.

(4 - General) What is the difference between Canadian Landed Immigrant status and Canadian Citizenship status?

Canadian Landed Immigrant status requires a person to live in Canada a certain number of days and obtain a Canadian Permanent Resident Card ("PR") or risk losing the status. Canadian Citizenship is a step higher than Canadian Landed Immigrant status. After you have obtained Canadian Landed Immigrant status you can apply for Canadian Citizenship. With Canadian Citizenship status you have benefits: no longer required to live in Canada or lose status; PR Card not required; can get passport; and can vote. An application must be made to obtain a PR Card. An application must be made to obtain Citizenship.

(4 - General) What is the fastest way for a skilled worker to immigrate to Canada?

Apply under a provincial immigration program. BC PNP is the fastest in Canada. It takes a total of approximately 6 1/2 months total (2-3 weeks BC portion of processing; 6 months Federal portion of the processing).

(4 - General) What is the fastest way to be able to work in Canada?

If you are a businessman apply for an intra-corporate transfer work visa. If you are an American or Mexican apply for a NAFTA work visa.

(5 - Options) What Federal Skilled Worker immigration options are there?

The applicant is required to obtain a certain number of points to pass. The points are awarded in these categories: age; education; work experience; language abilities (English and/or French); arranged employment (work visa or job offer); adaptability (educated spouse; relative in Canada; work experience in Canada; and/or studied in Canada).

(5 - Options) What immigration options are there for skilled workers?

There is a Federal Skilled Worker immigration program, various PNP Skilled Worker Programs and the Live-In Caregiver program. Canada offers many good programs. Depending on your education and experience, we can help find the program more suitable for you.

(5 - Options) What is the difference between the Federal and Provincial Immigration programs?

In Canada there is both a Federal government and Provincial governments. The Federal government has an immigration program that is more general responding to Federal immigration needs. The Provincial governments have Provincial immigration programs called Provincial Nominee Programs ("PNPs") that focus on local provincial immigration needs.

(5 - Options) What Provincial Skilled Worker immigration options are there?

There are PNP Skilled Worker programs in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Newfoundland, Nova Scotia, New Brunswick, Prince Edward Island and Yukon. Each province has different criteria. All programs require the applicant to have a job offer from an employer from within the Province. The first step is to obtain provincial approval. The second step is to obtain federal approval. Federal approval consists basically of medical, police and security approval. The advantages of a PNP are twofold: PNP (e.g. BC PNP 6 ½ months) is much faster processing than Federal (22-36 months); and PNP allows persons to qualify who would not qualify under the Federal program.

(6 - Business) What Federal immigration options are there for a businessperson?

There are three different Federal Business Immigration Program options: Investor; Entrepreneur and Self-Employed. Investor is for high net worth individuals ($800,000) able to invest a substantial amount ($400,000) in an investor fund with no active management required. Entrepreneur is for a businessman with a medium net worth ($300,000), able to invest a significant sum ($150,000) in a business and willing to be involved in active management. Self-Employed is for athletes, artists and farmers who can create their own job.

(6 - Business) What immigration options are there for businesspersons?

There is a Federal Business Immigration program and various PNP Business Immigration Programs.

(6 - Business) What is the fastest way for a businessperson to immigrate to Canada?

Apply under the Federal or Quebec Investor Immigration Program.

(6 - Business) What Provincial immigration options are there for a businessperson?

There are PNP Business Immigration Programs in British Columbia, Saskatchewan, Manitoba, Newfoundland, Nova Scotia, New Brunswick, Prince Edward Island and Yukon. Each province has different criteria. Most programs require the applicant to have business experience, high net worth and be willing to invest money in a new or current business in the province.

(7 - Medical) Can any doctor perform the medical check?

No, medical practitioners designated by the Canadian government can only perform the medical examinations. The list of designated practitioners can be obtained from a Canadian visa office.

(7 - Medical) Can the examining doctor advise me about the results?

The doctor can advise you about health-related problems only. The medical immigration officer makes decision on whether or not the medical examination has been passed.

(7 - Medical) Do all my dependents have to take the examination?

All dependents of applicant in the Skilled Worker category, whether accompanying or not, must undergo the examination. If any of them does not pass the medical examination, the whole family will be refused immigration visas.

(7 - Medical) What are the health requirements?

Applicants' and their dependents' medical condition should not be a danger to public health and should not be excessive burden on the Canadian public health or social systems. The factors considered during the medical assessment include whether or not hospitalization or medical, social or institutional care are required and whether potential employability or productivity could be affected.

(7 - Medical) What does Procedural fairness letter mean?

The letter is mailed by visa office to applicant when there are serious problems in the medical condition of the applicant and/or their dependents. The letter provides a chance to the applicant to provide additional information that could change officer's intention to refuse on medical grounds.

(7 - Medical) What is the medical examination about?

All applicants and their dependents, whether accompanying the principal applicant to Canada or not, are required to undergo and pass the medical examination. The medical examination is intended to check if applicant and their dependents meet the health requirements set by the Canadian government. If not, immigration visa can be refused.

(7 - Medical) Where can I check out the list of diseases?

There is no list of diseases that can represent a reason for refusal on medical grounds. When assessing health condition, the medical officer checks not only for certain diseases but also evaluates the medical condition of the applicant and dependents at the time of the examination.

(7 - Medical) Will my examination results be available to me?

The results of the medical examination are never available to the applicant. They are property of the Canadian government. However, the applicant will be advised in writing if there is a problem with the examination results.

(8 - Sponsor) Can a relative be sponsored?

A Canadian citizen or permanent resident who does not have a relative a spouse, child, parent, grandparent, sibling, uncle, aunt, nephew, or niece in Canada, and who does not have a family class relative to sponsor, may sponsor one relative regardless of relationship and age.

(8 - Sponsor) Can a sponsored relative lose permanent resident status?

A sponsored relative can lose the status on the same grounds as any permanent resident.

(8 - Sponsor) Can sponsored relatives receive pension in Canada?

A sponsored relative enjoys the same rights as any permanent resident. To be eligible for such government benefit as Old Age Pension, a sponsored relative must have lived in Canada for a minimum period of time and be a minimum age. A sponsored relative may have to live in a province for a certain amount of time before being eligible for free health care.

(8 - Sponsor) Does sponsor have obligations to the Canadian government?

A sponsor signs the Undertaking which is a legal contract between the government and the sponsor and a promise by the sponsor to provide for the needs of the sponsored relatives without resorting to social benefits for the period of 10 years. If the sponsor fails to meet the obligations, legal actions can be taken against the individual.

(8 - Sponsor) Must sponsored relatives support themselves?

Sponsored relatives are supposed to do their best to support themselves, unless elderly.

(8 - Sponsor) What financial requirements must sponsor meet?

Sponsor's income will be evaluated to determine whether it is sufficient to support sponsor's immediate family and sponsored relatives. A sponsor must be able to provide for the lodging, care, maintenance and normal settlement needs of the applicant and accompanying dependents for 10 years. This means that sponsored relatives should not need financial help from the government. If a spouse or a dependent child is sponsored, the financial requirements may be omitted.

(8 - Sponsor) What if sponsor does not meet the financial criteria?

If sponsor is married, their spouse can be a co-signer to take the obligations to the sponsored relatives. In this case, the co-signer is equally responsible for the support of the sponsored relatives. If sponsor does not meet the financial requirements or sponsors and co-signer's combined income does not meet the financial requirements, the application for sponsorship can be refused.

(8 - Sponsor) What is family sponsorship?

Canadian citizens and permanent residents, aged 18 and over and living in Canada, may sponsor the applications of certain relatives who wish to immigrate to Canada. This is known as family class sponsorship.

(8 - Sponsor) What rights and responsibilities have sponsored relatives?

Once landed, the sponsored relative becomes a permanent resident in Canada and has all rights and responsibilities that go with the status.

(9 - Sponsor Application) How long are applications for sponsorship processed?

The time frame depends on various factors. However, family class applications are considered high priority and processed ahead of business and skilled worker applications.

(9 - Sponsor Application) What are the reasons for refusal?

A family class application may be refused for a number of reasons. For example, the sponsor may not meet the financial requirements or proof of relationship or other documents may be unavailable or unsatisfactory or the applicant may have a serious medical condition or have a criminal record. If the application is refused, the visa officer will write to the applicant giving the reason for the refusal. The sponsor will also be notified and will be informed of the right to appeal.

(9 - Sponsor Application) What is the application process for Family Sponsorship?

A sponsor must apply for sponsorship approval within Canada. He has to submit the application and pay the processing fee. Once the application has been approved, the sponsor will receive the application kit that must be sent to the sponsored relative. The relative is supposed to complete the application forms and submit them to the specified visa office. The relative and his/her dependents must meet the health and security requirements.

(9 - Sponsor Application) Will an interview be required?

Sponsor may be called for interview within Canada to check the financial details. The sponsored relative may be called for interview to the processing post. The relative may be asked to provide details about the ties of relationship.

Please note that the information contained on this Questions and Answers page  is not intended to serve as specific legal advice and the application of laws, especially immigration laws can vary drastically on a case by case basis. Consult a legal professional if you need exact legal advice, since some information contained herein have been provided by laypersons and you should use your own judgement in employing this information.

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