Frequently Asked Questions About
Canadian Immigration

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The following FAQ addresses some of the general aspects of Canadian permanent residence and immigration. It has been prepared by David Cohen, an attorney with over 20 years of experience in immigration matters.

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Index

1. What is a Canadian permanent resident visa?

2. Who qualifies?
   
   • I heard that the Regulations will be changing. When will that be?

3. Are there special procedures for any of Canada's different provinces?
   
   • Is it more difficult to qualify under these Quebec criteria?

4. Are family members included in the application?

5. Will the fact that I am concurrently applying for a non-immigrant visa affect either application?

6. How long will I have to land in Canada following the issuance of my Visa?
   
   • Must I land at or near the location I indicated as my intended destination?
     
   • When must my dependents land?
     
   • Can I have the expiration of my landing documents extended?
     
   • I indicated my intended destination as outside/inside Quebec. May I land inside/outside Quebec?
     
   • What should I take with me when I land?

7. Must I stay in Canada following landing?
   
   • Will I automatically lose my PR status after an absence of longer than 183 days?
     
   • What must I demonstrate in order to obtain the RRP?
     
   • Will the time I spend outside Canada holding a RRP count towards my citizenship application?
     
   • Can the RRP be revoked after issuance?/Is application for RRP mandatory for extended absences?

8. When can Canadian citizenship be obtained?

9. Will my status in Canada mean that I can enter/work in the USA?

10. What is the job-market like in Canada?

11. Is it necessary to use an attorney for immigration to Canada?

12. How long does the immigration process take?

13. Is there a selection interview with an immigration officer?
    
    • What does the interview cover?

14. Will I take a medical examination?
    
    • I have a certain disease/disorder. Will I fail because of that?
      
    • My wife is pregnant. Will she have to take the medical?
      
    • My spouse is not with me. Can he/she take the exam in another country?
      
    • Will my non-accompanying dependents be required to complete medical examinations?
      
    • I recently completed medical examinations for my visitor visa/student authorization/employment authorization. Will additional medicals be required?
      
    • How will the assessment of my case be based?
      
    • What is a medical surveillance notice?

15. Do I submit a security clearance?
    
    • When must I submit this clearance?
      
    • I will have a great deal of difficulty getting a clearance from a certain country. Can I omit it?
      
    • I have been told a background clearance is being done in my case. I already did a security clearance, why must this be done as well?

16. Are there Canadian government filing fees?

17. Which documents must be submitted?
    
    • When must I submit them?
      
    • Can I transfer the application to a different office later on?

18. Are there financial requirements?

19. Is there any benefit to having relatives in Canada?

20. What is meant by "related work" experience?
    
    • Must the experience have been on a full-time basis?
      
    • How is experience in a previous or current occupation evaluated when that occupation differs from the applicant's intended occupation in Canada?
      
    • Is credit given for experience gained in conjunction with post-secondary studies?

21. Is a Canadian employment offer a requirement?

22. Can I apply if I do not have the minimum experience (as yet)?

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Question-1: What is a Canadian permanent resident visa?

Answer:

A Canadian permanent resident visa permits the holder to reside and earn a livelihood anywhere within Canada. Certain priveleges and obligations as a Canadian are conferred with such status.

Question-2: Who qualifies?

Answer:

Individuals who are able to obtain a sufficient number of points according to selection criteria established by the Canadian government. Points are awarded for factors such as education, age, experience, occupational demand in Canada and language abilities. Individuals possessing a first-level university degree (or currently in a graduate program) with at least one year of related experience would likely be good candidates. Scientists, engineers, systems analysts/programmers, and accountants are but some of the occupations which afford high points.

In addition to the skilled worker category, there are also the business and family classes in which applicants may qualify for immigration.

You may wish to refer to a detailed summary of the current Selection Criteria for additional details on such, or the current General Occupations List for a listing of the available occupations for a Federal Application. Each of these is available at our Web Site at the following URL :

http://www.cam.org/~dcohen/

The General Occupations List may also be obtained by Automated Email Reply by sending the following message (without subject header) to: majordomo@cam.org

get cohen-l gol.txt

Because of the size of this document, it cannot be included in this FAQ.

Question-2a: I heard that the Regulations will be changing. When will that be?

Answer:

Volume 131, No. 11 of the Canada Gazette, published Saturday March 15th,1997 contained details of the most recent proposed amendments to the Immigration Regulations 1978, expected to affect the skilled worker category. The preface to the amendments indicate that the changes are "primarily technical in nature" and do not "reflect a substantive change to the Regulations or to programme policy."

The above mentioned amendment is contingent on the implementation of the National Occupational Classification (NOC) as the replacement of the Canadian Classification and Dictionary of Occupations. No version of the General Occupations List was officially available until the writing of this article.

Here is the text of the amendment as it has been proposed. This office is presently in the process of submitting commentary on the proposal to the officials concerned. The amendments, as tabled to date, affect the SVP, Occupational Demand, and Experience factors.

Question-3: Are there special procedures for any of Canada's different provinces?

Answer:

Yes, the province of Quebec has the right to select its own candidates for immigration, and as such has its own Selection Criteria. This means that anyone with an intended destination within Quebec must satisfy these Selection Criteria. The list of open occupations for Quebec is considerably shorter than that of the list for a Federal Application. The Quebec Selection Criteria were updated on October 1, 1996. Details of these new criteria shall shortly be made available in this FAQ, and at our Web Site.

Question-3a: Is it more difficult to qualify under these Quebec criteria?

Answer:

Not necessarily. Neither set of criteria is more difficult; they are very different, however.

Question-4:Are family members included in the application?

Answer:

The spouse and any dependent children (i.e., under the age of 19; or in excess of that age, not having interrupted their schooling for over 12 months) are included in the application of the principal applicant. When there exist humanitarian and compassionate grounds an elderly parent may be included as an accompanying dependent. Otherwise parents may be sponsored after the applicant has become a permanent resident.

The guidelines of R4 of the Canadian immigration Regulations establish the framework of family class policies. Namely, close family members of Canadian citizens and residents may qualify for permanent residence. The policies of the 'family reunification' guidelines, however, also include provisions to aid the admittance of certain applicants who would not ordinarily qualify, but who should.

There are two primary ways in which family members can be assisted; Under the 'Last remaining family members' guidelines, or through job offers to relatives from a family business.

Last Remaining Family Members
According to these provisions, individuals who are, for all intents and purposes, dependent family members are able to benefit from the accordances of "accompanying family members", even though they are otherwise unable to satisfy the requirements of such. These cases can be considered at the time of an individual's application, or following migration. Persons falling into this category may never have been included under the regulations of the family class, but have developed a long-term dependence which makes them a "de-facto" member of the family in question (meaning a family member by fact). This usually means that the individual has an emotional and financial dependence on the family. This dependence may have originated previous to the migration of the family, or may develop subsequent to such.

Some examples of individuals who fall into this category may be:

• An elderly or widowed relative of any degree of relationship to the head of the family, who has been recognized as a de facto member of the family, who normally resides or resided with the family on a permanent basis, and who would have no one else to turn to for support.
• a last remaining brother or sister, whose parents are both deceased and who is dependent on a sibling or siblings residing in Canada.

Job Offers to Relatives
Our office has previously posted articles outlining the difficulties of obtaining a validated job offer in order to obtain the points for 'arranged employment.' In the case where the job offer is from a relative for a position within a family business, however, there are certain advantages if the job offer and the individual offered the job meet certain criterion. If this is the case, the points allocated for a job offer from a family business are easier to obtain, and are intended more as a means of assisting relatives abroad, and expand the opportunities for family reunification, than as strictly an 'arranged employment' factor.

The criteria for determination as to whether or not an individual will be allocated the points for factor 5 (arranged employment or designated occupation) are as follows:

1. The relationship of the prospective immigrant to the proprietor or operator of the business in Canada must be as described in the family class or assisted relative definitions in the Immigration Regulations. The definitions are:
   
   • 'Family' : father and mother, and any children who, by reason of age or disability, are, in the opinion of an immigration officer, mainly dependent upon the father or mother for support and, for the purpose of any provision of this Act and the Regulations, includes such other classes of persons as are described for the purpose of that provision;
     
   • 'Assisted relative' : relative, other than a family member of the family class, who is an immigrant and is an uncle and is an uncle or aunt, brother or sister, son or daughter, nephew or niece, or grandson or granddaughter of a Canadian citizen or permanent resident who is at least 19 years of age and who resides in Canada.
     
   At the option of the immigrant, the spouse may be regarded and assessed as the principal person to be employed in the family business, and on whose merits admissibility may be determined;
2. The job offer made by the business is bona fide (legitimate) and offers reasonable prospects of continuity;
3. Wages and working conditions are normal for the occupation in the area where the family business is located;
4. The business must have been in a viable operating position for a minimum period of one year; this restriction would be waived only where the job offer is associated with an expansion of the business or the opening of a new branch office of the main business venture where the latter itself meets the one-year condition;
5. there is an aspect about the job which clearly makes a relative a logical and common sense choice for that position (e.g., trust, close relationship, a working environment which involves unusual aspects such as long working hours);
6. the prospective immigrant has in his work experience and aptitudes, sufficient abilities to indicate he could successfully fill the position.

It should be noted that although the 'job offers to relatives' guidelines do allow for a less complicated allocation of the points for factor 5, labour market and other related considerations are part of the decision making process.

Question-5: Will the fact that I am concurrently applying for a non-immigrant visa affect either application?

Answer:

According to the Canadian Immigration SELECTION AND CONTROL manual which immigration officers are legally bound to adhere to, an individual who has applied for Canadian permanent residence (PR) is subject to the same requirements as others when seeking entry into Canada as a visitor. The individual should therefore possess reasonable purposes for entry and should understand that he or she must leave Canada in order to receive the immigrant visa.

The implications for this vary with an individual's place of residence. For countries where residents enjoy relatively easy flow across Canadian borders, PR applicants may utilize the ease of entry in order to better acquaint themselves with their intended destination. Those residing in regions that do not enjoy this benefit will not necessarily suffer in their PR application, however.

A non-immigrant application may be more closely scrutinized in the presence of a concurrent immigration application, as there is an apparent tendency to immigrate. If the ties of the applicant to his/her home can be demonstrated, however, such an application may succeed. The presence of a non-immigrant application should have no effect on an immigration application.

Question-6: How long will I have to land in Canada following the issuance of my Visa?

Answer:

You will have a period of one year following the initial conclusion of your medical examination in order to land. If delays cause the validity of your medical documents to expire, additional examinations may be required.

Question-6a: Must I land at or near the location I indicated as my intended destination?

Answer:

No.

Question-6b: When must my dependents land?

Answer:

They must land at the same time, or following the principal applicant, within the validity of the landing documents.

Question-6c: Can I have the expiration of my landing documents extended?

Answer:

Applicants must generally land within the time indicated on the landing documents. Failure to do so may mean that the applicant must re-apply.

Question-6d: I indicated my intended destination as outside/inside Quebec. May I land inside/outside Quebec?

Answer:

Although the answer to this question is 'yes,' recent suggestions are that policy makers are dissuading applicants from landing within Quebec if the intended destination was outside of such. This policy seems to vary depending on the nature of the location at which the applicant lands.

Question-6e: What should I take with me when I land?

Answer:

Applicants must take along a valid passport and the landing documents. Proof of settlements funds may also be requested at the time of landing. Applicants may also benefit by taking copies of any available statutory documents (i.e., birth certificates, marriage certificates, etc.), as well as an inventory of the items they wish to take to Canada.

Question-7: Must I stay in Canada following landing?

Answer:

There are certain requirements concerning a permanent resident's physical presence in Canada that should be considered.

Permanent residents of Canada are "required" to maintain physical presence in Canada for a minimum of 183 days per year in order to avoid jeopardizing the status they have in Canada. I say "required" because there are means by which a PR can remain outside Canada for longer than this.

The first is to simply remain outside Canada for this period, and to then return to Canada. The difficulty with this is that the individual runs the risk of being considered to have abandoned their residence in Canada during their absence. This is not automatic, but the individual is responsible to demonstrate that this is not the case. Unless the individual can, in fact, demonstrate this, the status in Canada may be jeopardized.

The alternative to this is that the individual can apply for a Returning Resident Permit, either within Canada, or from outside Canada. Applying for such typically takes between 2-4 weeks, more time being required for applications submitted within Canada.

Absence for an excess of 183 days out of any given three year period does not actually create the presumption that an individual intended to abandon Canada as his/her place of permanent residence, nor does physical presence for in excess of this period necessarily lead to the assumption that an individual had intended to remain inside Canada.

The 183 day rule, rather, shifts the burden of responsibility for proof of such intentions from the government to the individual. Prior to such an absence, the immigration officials have the burden of proof (i.e., they must provide the evidence demonstrating that the individual intended to abandon Canada as their place of permanent residence). Following this period, the individual acquires this burden, and would be thereby required to demonstrate their intentions to return to Canada (the Returning Resident Permit removes this burden).

If an individual is inside Canada for 364 days in a 12 month period, but travels to the USA for one day to obtain a green card, that can be taken as evidence that he/she intended to abandon Canada as the place of permanent residence. Conversely, if an individual is gone for the full 12 months, but can demonstrate ties to Canada that obviously indicate that he/she had no intention of abandoning Canada, then the individual's status would not be at risk.

Returning resident permits are issued in such cases as the individual has not, or will not abandon their residence according to subsection 24(1) of the ACT (i.e., person leaves or remains outside Canada with the intention of abandoning Canada as the place of permanent residence; or a deportation order has been issued and is valid against the person). Valid reasons for obtaining a RRP, as is outlined in S.26(2) of the REGULATIONS include:

1. For the purpose of carrying out his duties as a representative or employee of a corporation or business organization established in Canada or of a province or a municipality of Canada;
2. for the purpose of upgrading his professional, academic, or vocational qualifications;
3. for the purpose of accompanying a member of his/her family who is a Canadian citizen or who has been issued a RRP; or
4. in any circumstance not referred to above, but that the immigration officer deems appropriate.

RRPs are typically issued for one year periods, and can be renewed. In circumstances where it is deemed appropriate, the permit can be issued for longer with special permission.

Question-7a: Will I automatically lose my PR status after an absence of longer than 183 days?

Answer:

Imigration law does not actually state that a permanent resident must remain in Canada for 183 days out of any 12 month period to retain status. A PR who remains outside Canada for this duration or longer bears the burden of proof in demonstrating that Canada was not abandoned as the place of permanent residence. The critical issue is intention, and not the actual duration of the absence. The 183 day rule simply shifts the burden of proof from the immigration officials to the permanent resident.

Question-7b: What must I demonstrate in order to obtain the RRP?

Answer:

The establishment of residence in Canada is the most important factor in the determination of eligibility for the RRP, although the immigration officer is given a certain amount of latitude and discretion in interpreting such. Although there are numerous indices of such a demonstration which may be suggested (i.e., the establishment of bank accounts, applying for Social Security numbers, applying for medicare numbers, etc.), the most important factor may be the demonstration of a residence in Canada. Temporary residences, such as those of relatives or friends, may not necessarily be accepted for such a purpose.

Based on the above, it is considered that individuals who are unable to remain in Canada for any lengthy period after landing are less likely to be eligible for the RRP than those who have been able to demonstrate the establishment of significant ties to Canada following the time of landing.

Question-7c: Will the time I spend outside Canada holding a RRP count towards my citizenship application?

Answer:

There is no simple "Yes" or "No" answer to this question. The applicability of time spent outside Canada towards an application for citizenship is subject to the discretion of the judge presiding over such a case. Therefore, the nature of the absence would be influential in such a decision.

Question-7d: Can the RRP be revoked after issuance?/Is application for RRP mandatory for extended absences?

Answer:

[The following response was issued by Mr. Randy Wittchen, a former Immigration Officer from 1971 to 1984, and an immigration lawyer from 1984 until 1996, after which he retired from practice. One of his specialties has been contesting status inquiries before adjudicators.]

No, a Visa Officer does not have this power. In fact the Immigration Policy manual specifically deals with this issue and states that a Visa Officer cannot take such action. I am aware that this has been done in the past under the apparent justification that the Record is being seized to prevent "misuse" which I understand to mean it may used to seek entry to Canada after the Visa officer has formed the opinion you are not entitled to the Returning Resident Permit (RRP).

Only an Adjudicator (Immigration Judge) at an Inquiry (a type of trial with most legal safeguards for your rights including the right to counsel etc.) has the power to determine if a person has abandoned Canada. An Examining Immigration Officer on return to Canada can only finally determine that the person IS a Returning Resident, but cannot finally determine abandonment. In the past Immigration Officers have gulled people into "voluntarily" surrendering the Landing Record and then admitting them as visitors under that documentation. This action may be challenged administratively by a review of the circumstances of the surrender and a redetermination of status by a Senior Immigration Officer. Ultimately if this review is not successful an Adjudicator still is the only person who can make this determination.

Even if an Adjudicator determines you to have abandoned your residence, there is a right of appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). This is full re-hearing and is not simply a review of the Adjudicator's decision.

I was previously an Immigration Officer and a lawyer until withdrawing from practice in April 1996. As an SIO I conducted administrative re-determinations of loss of status. As a lawyer I have represented people on re-entry to Canada and before Inquiries. Adjudicators as a general rule are very careful about removing a person's status without very strong proof of abandonment while many Immigration and Visa Officers are very quick to form the opinion the person has lost resident status (the enforcement mentality at work).

The longest absence I am aware of from Canada where an Adjudicator determined status not to have been abandoned was 18 years. The individual had in fact been re-admitted to Canada under visitor visas and on employment authorizations on several occasions over this period of time and had gone through an SIO review which was not successful. At Inquiry the Adjudicator was very critical of the Visa Office which initially told the person they had abandoned resident status without explaining that only an Adjudicator had the power to make this decision.

As a general rule I advised clients against even applying for the RRP as the applications are often rejected on spurious grounds by Immigration Officers and Visa Officers (it is part of their ingrained enforcement culture of saying "NO" where ever possible) and a record of the refusal is on file which could later be used against the person at an Inquiry. It was, and remains my view, it is better to put this issue before an independent decision maker after having tried to make the case to the Examining Officer at the Port of Entry who is under the review jurisdiction of an SIO once the Officer has formed the opinion the person has abandoned status. In many cases an SIO will overrule the officer on RRP cases, particularly where counsel has presented compelling evidence which the SIO believes will result in a favourable decision at Inquiry.

Question-8: When can Canadian citizenship be obtained?

Answer:

Canadian citizenship is voluntary and may be applied for after 3 years of residence in Canada in the 4 years prior to the submission of such an application. Time spent within Canada prior to becoming a permanent resident may be counted towards such a requirement in proportion to one-half of that actual time, and for a maximum of one year.

At the present time Canada recognizes the concept of multi-citizenships.

Question-9: Will my status in Canada mean that I can enter/work in the USA?

Answer:

Unless otherwise exempted, permanent residents of Canada must obtain proper authorization to enter or work in the USA. Citizens of Canada are not required to obtain visas to enter the USA, and may be eligible to be employed in Canada under the provisions of the NAFTA Agreement.

Canadian permanent residents with citizenship of the following countries, do not need passport visas to enter the USA:

Antigua, Australia, Bahamas, Bangladesh, Barbados, Belize, Bermuda (British subjects), Botswana, Brunei, Cyprus, Dominica, Fiji, Gambia, Ghana, Grenada, Guyana, India, Ireland, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, St. Kitts and Nevis, St. Lucia, St. Vincent, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa*, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, UK (including its colonies, territories, and dependencies, such as Hong Kong or Bermuda), Vanuatu, Western Samoa, Zambia, Zimbabwe

* Preliminary information

Question-10: What is the job-market like in Canada?

Answer:

Skilled individuals, especially in sectors of high technology, the sciences, finance and engineering should be able to secure rewarding positions in Canada. For an overview, it is recommended to look through the "careers" section of any major Canadian newspaper.

Additional employment resources on the internet are also available at the following URL:

http://www.cam.org/~dcohen/txt/jobs/

Unfortunately, due to the interactive nature of this page, it is not available by Automatic Email Reply.

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