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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Part 2

Question-11: Is it necessary to use an attorney for immigration to Canada?

Answer:

Canadian Immigration Regulations do not require individuals to make use of attorneys for the purposes of applications for permanent residence. The process is not difficult to understand for the average individual. At the same time, however, the immigration process is far from simple, and cannot be considered straight-forward by any measure.

An experienced attorney is intimately familiar with the intricacies of Canadian immigration laws. In addition, the length of time during which an attorney has practiced directly translates into very valuable experience with the immigration system, which cannot be replaced by any amount of study.

Not all individuals or firms claiming to represent applicants in the Canadian immigration process are attorneys, however. There may be risks to using such consultants in certain cases.

Individuals interested in immigrating to Canada can apply without assistance, hire a consultant to help them, or engage an Attorney to act on their behalf. An examination of the relative merits of the third option indicates its advantages in certain situations.

Attorneys who practice in the field of Immigration are most often thoroughly familiar with the laws and administrative procedures that apply to the processing of applications for permanent resident status in Canada. They are also aware of related and ancillary issues that involve such matters as citizenship, the maintenance of permanent resident status, once it is acquired, income tax concerns, and the availability of various educational facilities to children of diverse linguistic backgrounds.

Individuals who apply for immigration to Canada on their own are not likely to have as broad and detailed a knowledge of such matters as a fully trained and specialized legal professional. Some consultants are former immigration officers who are usually very well versed in Immigration law and procedures. The scope of their expertise is often not as broad as that of an experienced and thorough Immigration Lawyer, however, as a result of the highly specialized nature of the activity they engaged in while employed as a civil servant. Attorneys are trained to be fastidious and far ranging in their thought processes. Immigration Officers must deal with a limited number of highly complex problems, which are often inter-related in an obvious manner. They are trained to focus on points that relate to the admissibility or inadmissibility of applicants. Matters that relate to other issues are not their concern.

Accordingly, while consultants who used to work as an Immigration Officer may well be able to handle initial submissions and related administrative matters in a very competent manner, the advice that can be offered by an Attorney on issues that are not strictly related to the immigration process is likely to be more thorough and wide ranging in its effect. Lawyers are also much more familiar with the manner in which the process of Judicial Review of administrative decisions can be provided for. A properly trained Attorney will draft all representations made on behalf of his or her client with the possibility of Judicial Review of a negative decision on the part of an Officer in mind.

Often the possibility of a demand for Judicial Review of an Officer's decision being made will move immigration authorities to agree to allow an applicant to be re-interviewed - provided that the state of the individual's file permits for such an arrangement. Attorneys are uniquely qualified to provide for such an outcome, as a result of their training in all areas of the law.

Question-12: How long does the immigration process take?

Answer:

From 6 months to 24 months depending upon which Canadian immigration processing post is selected to process the file. An application may be submitted to any processing post outside of Canada. Strategic selection of the processing post will make for shorter delays. Processing times at any given post will fluctuate from one given period to the next. As such, it is best to make a determination of such times at the time that an application is to be submitted.

Question-13: Is there a selection interview with an immigration officer?

Answer:

The principal applicant is required to attend a selection interview as a general rule. However, some immigration processing posts will waive the necessity of a selection interview in certain circumstances. Furthermore, some processing posts require that all accompanying dependents over the age of 19 attend the selection interview, while other posts do not.

Question-13a: What does the interview cover?

Answer:

In the event of its necessity, the selection interview is a very important aspect of any application for permanent resident status in Canada. It allows for the applicant to meet with a representative of the Canadian government in order to discuss his or her qualifications for immigration to Canada. Although interview waiving is becoming more and more common at the various overseas immigration offices, the selection interview still remains a commonality for the majority of applicants worldwide. In those cases where an applicant is required to attend an interview at a post which commonly waives such, it should not be perceived that there is necessarily a problem in the application. Importance should always, however, be attributed to the selection interview.

The selection interview allows applicants the opportunity to earn a maximum of 10 units of assessment towards their total score under the selection criteria. An applicant must have otherwise scored 60 points in order to be eligible for such an interview.

The selection interview is designed for three primary purposes:

1. The verification of information presented in the application of a prospective immigrant;
2. The determination of the "personal suitability" of an applicant and his/her dependents;
3. Counselling of applicants once they have been deemed successful.

In regard to the first point, the immigration officer must make a determination of the accuracy of all facts presented in the application, and perhaps Especially those for which points are attributed under the current selection criteria. This may entail the examination of the applicant's supporting documentation, or oral examinations of the applicant in order to obtain elaboration of the information presented. In the case of language skills, the selection interview may be the only way that an officer can make an accurate determination of those skills. This is often a necessity in cases where there is not otherwise any objective means by which language skills may have been determined at the level of paper screening.

In addition to the other factors of assessment, personal suitability is one which must be assessed during the immigration process. The only reliable means by which a factor such as personal suitability may be determined is through an actual meeting with the applicant, and possibly his/her accompanying dependents. The issue of personal suitability, although seemingly vague in its terminology, does have some degree of foundation in the guidelines which are utilized by immigration officers. There are several specific qualities and attributes which are sought in applicants: these are assumed to reflect the individual's suitability for permanent residence in Canada.

The selection interview also allows for the expression of the discretionary authority which is vested in the immigration officer. In all cases of application for immigration to Canada, immigration officers may resort to this discretionary authority as is outlined in Section 11(3) of the Regulations, which states: "A visa officer may (a) issue an immigrant visa to an immigrant who is not awarded the number of units required by section 9 or 10 or who does not meet the requirements of subsection (1) or (2), or (b) refuse to issue an immigrant visa to an immigrant who is awarded by section 9 or 10, if, in his opinion, there are good reasons why the number of units of assessment awarded do not reflect the chances of the particular immigrant and his dependents of becoming successfully established in Canada and those reasons have been submitted in writing to, and approved by, a senior immigration officer."

Once an immigration officer has determined that a specific applicant is qualified for immigration to Canada, the selection interview provides an opportunity to provide such an applicant with information concerning their upcoming relocation. This may include information regarding living and/or working conditions in the area in which the applicant intends to reside, or any other information which the specific circumstances may deem necessary.

For the purpose of "assessing the application" of a prospective applicant, an immigration officer may feel that it is necessary that the applicant's dependents attend such, as is outlined in Section 22.1(1) of the Regulations. It is, however, advised in section 4.25(4) of the Immigration Selection and Control Manual, that an officer should have a reason for requesting the attendance of dependents.

Question-14: Will I take a medical examination?

Answer:

You and your accompanying dependents will be required to take a medical examination. The specific timing and procedure of the medical examination varies from office to office.

Question-14a: I have a certain disease/disorder. Will I fail because of that?

Answer:

Medical inadmissibility is governed on a case by case basis, taking an applicant's full medical history into account. As such, it is not generally possible to determine if a specific disorder will be grounds for inadmissibility. The typical factors that are considered are the possible health risks of a specific disease/disorder to Canadians, or the possibility of undue burden to the health care system resulting from such.

Question-14b: My wife is pregnant. Will she have to take the medical?

Answer:

Medical examinations are generally delayed until pregnant applicants have delivered a child. At such time, a dependent child will also undergo medical examination.

Question-14c: My spouse is not with me. Can he/she take the exam in another country?

Answer:

Yes, medical examinations can generally be taken at any of numerous locations around the world. This may involve a Private Medical Center in the USA, or a Designated Medical Practitioner elsewhere.

Question-14d: Will my non-accompanying dependents be required to complete medical examinations?

Answer:

Yes.

Question-14e: I recently completed medical examinations for my visitor visa/student authorization/employment authorization. Will additional medicals be required?

Answer:

If these medical examinations are still considered valid, and an M1 or M2 rating was obtained (indicating the assessment of the medical condition of the applicant), additional medical examinations may not be requested.

(a) Section 11 of the Immigration Act provides as follows:

1. "Every immigrant and every visitor of a prescribed class shall undergo a medical examination by a medical officer."
   1. "Every person, other than a permanent resident, who claims to be a Convention refugee and whose claim is referred to the Refugee Division shall undergo a medical examination by a medical officer."
2. "Every visitor and every person in possession of a permit who, in the opinion of an immigration officer or an adjudicator, may be a member of the inadmissible class described in paragraph 19(1 )(a) may be required by the immigration officer or the adjudicator to undergo a medical examination by a medical officer."
3. "For the purposes of this section, medical examination includes a mental examination, a physical examination and a medical assessment of records respecting a person."

(b) Section 19(1) of the Immigration Act states in part:

No person shall be granted admission if he is a member of any of the following classes:

1. "Persons who are suffering from any disease, disorder, disability or other health impairment as a result of the nature, severity or probable duration of which, in the opinion of a medical officer concurred in by at least one other medical officer,
   • they are likely to be a danger to public health or public safety; or
   • their admission would cause or might reasonably be expected to cause excessive demands on social or health services;
2. persons who there are reasonable grounds to believe are or will be unable or unwilling to support themselves and those persons who are dependent on them for care and support, except persons who have satisfied an immigration officer that adequate arrangements have been made for their care and support"

Question-14f: How will the assessment of my case be based?

Answer:

The legal imperative for the Medical Officer is to identify "inadmissible persons" according to the two principal criteria stated above:

• danger to public health or safety; and
• actual or potential demand on health or social services.

As well, in assessing admissibility, the Medical Officer must use supporting criteria described in Section 22 of immigration Regulations, 1978:

"For the purpose of determining whether any person is or is likely to be a danger to public health or to public safety or whether the admission of any person would cause or might reasonably be expected to cause excessive demands on health or social services, the following factors shall be considered by a Medical Officer in relation to the nature, severity or probable duration of any disease, disorder, disability or other health impairment from which the person is suffering, namely,

1. Any reports made by a medical practitioner with respect to the person;
2. The degree to which the disease, disorder, disability or other impairment may be communicated to other persons;
3. Whether medical surveillance is required for reasons of public health;
4. Whether sudden incapacity or unpredictable or unusual behaviour may create a danger to public safety;
5. Whether the supply of health or social services that the person may require in Canada is limited to such an extent that:
   • The use of such services by the person might reasonably be expected to prevent or delay provision of those services to Canadian citizens or permanent residents, or
   • The use of such services may not be available or accessible to the person;
6. Whether medical care or hospitalization is required;
7. Whether potential employability or productivity is affected; and
8. Whether prompt and effective medical treatment can be provided."

The Medical Officer thus has five criteria, based on the relevant factors in the Regulations to the Act, on which to base his assessment of admissibility.

In order to give a medical opinion in terms which are clearly understood and accepted by both medical and immigration authorities, and which are consistent with the Act and Regulations, a system of assessment has been developed whereby an applicant is assigned a medical profile.

This medical profile consists of a coded series of letters and numbers based on the two principal criteria and the three supporting criteria mentioned above. The five criteria are:

• H - Risk to Public Safety or Public Health
• D - Expected Demand on Health or Social Services
• T - Response to Medical Treatment
• S - Surveillance
• E - Potential Employability or Productivity

Under each criterion is a list of descriptive categories. Taken as a whole, the ratings assigned under each criterion form the basis for a legally binding medical opinion regarding admissibility. This opinion is expressed by the symbol "M" at the end of the profile and represents the combined significance of the five criteria It is indicated symbolically as

M - Statement of Medical Status

• Ml - No health impairment sufficient to prevent admission under Section 19(l)(a)
  
• M2 - Has a condition for which the degree of risk to public health or safety is not sufficient to exclude admission under Section l9(l)(a)(i), but which risk should he considered in relation to other personal and social criteria.
• M3 - Has a condition for which the potential demand on health or social services is not sufficient to exclude admission under Section 19(1)(a)(ii), but which risk should he considered in relation to other personal and social criteria.
• M4 - Has a condition which is likely to endanger public health or safety to such an extent that the applicant it is at present inadmissible under Section 19(1)(a)(i). but for which the expected response to treatment is such that future admission could be considered.
• M5 - Has a condition which is likely to cause demand on health or social services to such an extent that the applicant is not at present admissible under Section 19(1)(a)(i). But for which the expected response to treatment is such that future admission could be considered.
• M6 - Has a condition which is a danger to public health or safety and which is not likely to respond to treatment in such a way as to allow admission in the foreseeable future. Inadmissible Section 19(l)(a)(ii) applies.
• M7 - Has a condition which could cause excessive demand on health or social services, and which is not likely to respond to treatment. Inadmissible as Section 19(l)(a)(i) applies.

Question-14g: What is a medical surveillance notice?

Answer:

This form identifies the disease for which public health surveillance is considered necessary, such as inactive pulmonary tuberculosis, positive serology (VDRL or HIV), or leprosy. The appropriate Provincial/Territorial Health Authority will then determine the nature and frequency of periodic evaluation.

Note: This procedure is carried out by the Ottawa office only.

1. Original and one copy addressed to the Provincial/Territorial Epidemiologist.
2. One copy kept on file at the Ottawa office.
3. Additional copies as determined by regional requirements may be sent to other authorities.

Question-15: Do I submit a security clearance?

Answer:

The principal applicant and all accompanying dependents over the age of 18 must submit a security clearance for any country within which they have resided within 10 years, while over the age of 18, prior to the submission of an application.

Question-15a: When must I submit this clearance?

Answer:

That depends on the location to which the application is being submitted. Clearances may generally be submitted later in the application, with the exception of those posts engaged in the one-step application procedure.

Question-15b: I will have a great deal of difficulty getting a clearance from a certain country. Can I omit it?

Answer:

Various posts may be willing to waive the requirement for such clearances if a clear obstacle to obtaining it can be demonstrated. In general, however, applicants should assume that clearances must be obtained.

Question-15c: 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?

Answer:

Background clearances are done in addition to any security clearances which may have been obtained. They are conducted in order to eliminate the possibility of an applicant being a security threat, although not having had a criminal record. to The background clearance does not involve the active participation of the applicant. Very little can be done to expedite such clearances, in general.

Whenever possible, any applicant for immigration to Canada over the age of 18 years must provide proof of no criminal record in any country in which he/she has resided within the previous 10 years (sometimes longer). In most cases, applicants have little difficulty obtaining such "police certificates" from most countries. This is generally done through a law enforcement office of such a country, and sometimes through other government departments. In cases of extenuating circumstances, however, it may be possible for a Visa Office to waive this requirement. Police clearance documents (certificates of no criminal record) are typically considered valid for six months, although this can be subject to the policies of different posts, and discretion in cases of extenuating circumstance.

In all cases of immigration, a background clearance is conducted to ensure that applicants who "are, or have been, involved in espionage, subversion, or terrorism." The following is an excerpt of the Canadian Immigration Selection and Control Manual, which discusses this often misunderstood aspect of the immigration process.

Purpose

To maintain and protect the safety and good order of Canadian society by preventing the admission of persons who threaten the internal security of Canada or endanger the lives or safety of persons in Canada; to promote international order and justice by denying the use of Canadian territory to persons who are likely to engage in subversive or criminal activity.

Applicability of the Act

A19 applies to persons who are seeking to come into Canada end who are inadmissible by virtue of membership in one or more of the classes of persons described in that section. A 27 relates to persons who have been admitted to Canada and who are reportable for having contravened the Act in a manner which calls for their removal. For the purposes of this chapter, the most relevant paragraphs are:

• A19(1)(e) : This covers all subversion, past, present and future, in or outside Canada against democratic institutions or processes as they are understood in Canada. this subsection does not apply to persons who may attempt to subvert non-democratic regimes. Mere membership in, or association wan, an organization which promotes subversion is not grounds for inclusion in the category, although such membership or association may constitute evidence that a person comes within this inadmissible class. (Persons who have been involved in subversion or espionage may be amended, provided they can satisfy the Minister that they are not a threat to Canada).
• A19(1)(f) : This refers to persons who are likely to engage in or instigate subversion by force of any government, while in Canada. Such activities, if conducted in Canada, could endanger the Canadian public and our relations with other countries. Activities aimed at the arousal or organization of public sentiment to pressure undemocratic governments to change their policies would not place an individual in this inadmissible class.
• A19(1)(9) : Refers to persons likely to engage in acts of violence that would or might endanger the lives or safety of persons in Canada, and members and associates of organizations likely to engage in such acts. (Again, it should be remembered that membership in an organization is not grounds in itself for refusal of a visa).
• A 27(1 )(a) : Refers to permanent residents who, it they were immigrants, would be inadmissible because they are described in A19(1)(c), (d), (e) or (9), or in A19(2)(a).
• A27(1)(c) : Refers to permanent residents engaged In or instigating subversion by force of any government while in Canada.
• A 27(2)(c) : Refers to persons in Canada other than Canadian citizens or permanent residents who are engaged In, or instigate, subversion by force of any government.

Criminal Inadmissibility

1. A 19(1 )(c) and (d) and 1 9(2)(a) and (b) refer to persons who have been convicted of, or concerning whom there are reasonable grounds to believe they will commit In Canada, criminal offenses of varying degrees of seriousness. Membership in one of these classes may serve to make an individual inadmissible 10 Canada. These subsections contain provisions which enable an individual to demonstrate that he has been rehabilitated aver the passage of a prescribed period of time since the conviction was registered.
   
2. The above is a brief explanation of the subsections of the Immigration Act with which this chapter is primarily concerned. For a more complete understanding, it will be necessary to refer to the legislation itself.

Definition of Security Screening
The term "security screenings" refers to the procedures used to identify persons seeking admission to Canada who are, or have been, involved in espionage, subversion, or terrorism. it should be noted that, although the term refers to tine scrutinization of an applicant's political orientation, beliefs and activities, as part of the normal immigrant selection process, criminal records checks are also conducted wherever possible. In every day use, the term "security screening" has sometimes been expanded to include the measures to identify those who have been convicted of criminal offenses. It should be noted, however, that a security screening clearance does not mean that the individual does not have a criminal record.

Importance of Security Screening

1. The security of Canada is a matter of vital concern. The guidelines which follow are for the information of visa and examining officers who are responsible for ensuring that persons who are likely to constitute a threat to Canada are denied entry. Every officer should be aware of the significance of these procedures and of the necessity for strict compliance.
   
2. Security screening decisions are based on information from every available source. All available Information must be carefully weighed against established criteria to determine whether the presence of an individual in Canada is considered to be inimical to the functioning of a democratic society and Government as these are understood in Canada. Where there is doubt concerning the security threat posed by an applicant, the interests of Canada should normally be paramount.
   
3. • The responsibility for responding to queries concerning delays in immigration processing rests with the CEIC. On no occasion should members of the public be told to direct their inquiries to the Department of External Affairs, CSIS, or any other government department.
     
   • While Commission officials may refer to the "background inquiries" carried out by the Commission, it is considered a breach of security to discuss specific details of the security screening process.

It will be noted from the above discussion that there is a clear distinction between the police clearance, which is undertaken by the applicant, and the background clearance, in which the applicant does not have an active involvement. Unfortunately, a common price for this additional measure of security, is that applications can be delayed by the requirement for the background clearance, while the applicant had already completed police clearances. This is a price, however, which all applicants will appreciate once they are established Canadians.

Question-16: Are there Canadian government filing fees?

Answer:

Yes, a non-refundable fee must be included with the application. The amount is CAD$500 for the principal applicant plus CAD$500 for each accompanying dependent over the age of 19 and CAD$100 for each accompanying dependent under the age of 19. In addition there has recently been implemented a Right Of Landing Fee, which is CAD$975 per adult applying. This fee is, however, refundable in the event that an individual is not able to land in Canada; by choice or because of inadmissibility.

The following is an excerpt of the information published by the Citizenship and Immigration department concerning the submission of government processing and Right of Landing Fees.

IMMIGRATION PROCESSING FEES
Effective January 02, 1997
Payment must be made in cash (only if applying in person) or by money order or bank certified cheque, payable to THE CANADIAN CONSULATE when paying in U.S. funds or to the RECEIVER GENERAL FOR CANADA when paying in Canadian funds. Fee must accompany the application. Personal cheques are not acceptable. Fees are not refundable.

Amounts listed are $CDN and $U.S. respectively.

		CAD$	US$
PERMANENT RESIDENCE
principal applicant		500.00	368.00
each dependent 19 and over, spouse		500.00	368.00
each dependent under 19 years old		100.00	74.00
entrepreneur, self-employed and investor		1000.00	736.00
RIGHT OF LANDING*		975.00	718.00

* Please note that the Right of Landing fee applies to each applicant over the age of 19 years included as an accompanying dependent.

There has been a recent change in those fees applicable to applications submitted with an intended destination within Quebec. These fees are in addition to the Federal fees outlines above:

		CAD$
skilled worker application		300.00
entrepreneur and self-employed		700.00
investor		850.00
accompanying dependents (each)		100.00

Question-17: Which documents must be submitted?

Answer:

Proof must be furnished of the applicant's education and experience. It is recommended that applicants also prepare and submit a detailed curriculum vitae. Furthermore, one will need to provide birth and marriage (when applicable) certificates and a certificate of non-criminal activity from each jurisdiction in which the applicant has resided during the last 10 years.

Each processing post has different requirements concerning the submission of documents. It is advised that these requirements be adhered to, as in come cases, failure to do so may mean that the application can be returned to you unprocessed. An example of a situation in which this may happen is the one step application process.

Question-17a: When must I submit them?

Answer:

Various processing offices have varying requirements concerning the submission of documentation. Many offices either request or accept supporting documentation at the time of submission of an application, while others do not. Applications submitted to offices engaged in the one-step application procedure must contain complete documentation, as per the specifications of the office.

As of November 6, 1995, several posts have implemented an experimental "one step" application procedure, sometimes also referred to as a "perfected file" system. These posts are:

• Buffalo (Immigration Area Processing Center), USA;
• Hong Kong;
• London, England: including those posts serviced by the London High Commission;
• Manila, Philippines;

In addition, other posts have established provisions which emulate the procedures of this system, but which are not formally implemented. These include Colombo, Sri Lanka; and Cairo, Egypt.

The systems established in each of the aforementioned posts in which the system has been formally implemented are variations of the central theme, with the intention of selecting the most appropriate system in or around April of 1996. Despite the minor variations associated with each post, the critical element of the system entails that all necessary documentation be submitted to the Consulate or High Commission at such time as an application is initiated; in each case this includes the requirement for original police clearance certificates; in the case of London, this includes the completion of a medical examination with a Designated Medical Practitioner prior to the submission of the application). The hope is that these systems, or at least the most efficient of them, will expedite the time required to issue a permanent resident visa to successful applicants.

Each Consulate makes different requirements concerning the specifics of the submission (i.e., which documents must be original, and which should be photocopies. As such, prospective applicants should ensure that they are familiar with the requirements of each post prior to the submission of the application. At this point, the posts will not accept the application if it is not complete, and will not start a file for the applicant prior to such time. Applications may, however, be stamped allowing a grace period in which the applicant will be able to resubmit the application, without the possible penalty of being assessed under the proposed selection criteria.

Although there has been some controversy surrounding the legality of the above-mentioned system, with the possibility that the policy of returning "incomplete" applications is contestable, the average applicant is advised to take note of the requirements of these posts prior to a submission to such.

Question-17b: Can I transfer the application to a different office later on?

Answer:

Yes, the application can be transferred to a different post if necessary. You should address the request to the overseas post processing your application in writing, being sure to clearly indicate the other post, and its address, to which you wish to have the application transferred. A fee of CAD$100 payable to "The Receiver General for Canada" should be enclosed.

In the vast majority of cases, the venue for the selection interview of the principal applicant in the independent categories will be that location to which the application had been submitted, and in which the application is being processed. In such cases as an applicant is not residing, or ceases to reside, in the country in which such an application had been submitted, it is still necessary for the applicant to attend the selection interview in that location. In addition, in some cases overseas posts will require that dependents over the age of 19 attend the selection interview.

In cases where the applicant and/or the dependents are unable to meet the requirements of the attendance of such a selection interview, the only readily available option may be to transfer the application to an overseas post at which the applicant can attend the interview. Delays can be incurred in such a procedure, depending on the timing of the transfer request.

The possible delays associated with a transfer request are as follows:

• If the initial post has a backlog in connecting mail with the associated file, the transfer may not be executed until that backlog reaches the transfer request
• The actual transfer by diplomatic bag takes 6 weeks on average for an international transfer, and 2 weeks for transfers within the USA
• The application must commence processing from the start once the transfer is concluded

As such, the longer an application is pending at an overseas post, the more significant the overall delay when considering processing at both posts.

In numerous cases, submission of an application to posts which waive interviews on a regular basis can be advantageous, even in cases where is expected that the application will have to be transferred in the event of the requirement of a selection interview. It is important in these cases, however, that the following guidelines be followed:

• the application should be submitted to posts that waive selection interview regularly, and the application should fit the typical profile of those cases that obtain such waivers
• posts should be used which will provide quick indications regarding the necessity of a selection interview
• the application should be transferred immediately if a selection interview is requested

In this way, the typical delays associated with such transfers are minimized. The possible advantage to such an approach is that it is typically the case that the application can be much more quickly concluded following an interview waiver. The possible disadvantage is the loss of a maximum of 2 months in the application procedure if the above procedures are properly followed.

You should address the request to the overseas post processing your application in writing, being sure to clearly indicate the other post, and its address, to which you wish to have the application transferred. A fee of CAD$100 payable to "The Receiver General for Canada" should be enclosed therewith.

Question-18: Are there financial requirements?

Answer:

Yes. Funds sufficient to settle in Canada must be demonstrated before the issuance of the visa. The amount required varies according to the size of the immigrating family and ranges from CAD$7,000 for a single individual to approximately CAD$20,000 for a large family destined to a major Canadian city.

Additional, more specific information may be obtained at the following URL:

The following are the figures that the Independent applicant chapter of the Immigration SELECTION AND CONTROL manual state as required settlement funds. Notice that the values vary dependant on the size of the intended area of residence, as well as the size of the family. The values all refer to Canadian dollars.

Size of Family	Size of area of residence
	500,000+	100,000 - 499,999	30,000 - 99,999	Less Than 30,000	Rural Areas
1	7,238	6,563	6,448	6,032	5,468
2	9,804	8,892	8,739	8,168	7,408
3	12,939	11,778	11,585	10,862	9,893
4	14,784	13,447	13,223	12,391	11,278
5	16,899	15,438	15,194	14,287	13,070
6	18,325	16,740	16,476	15,487	14,167
7	20,411	18,705	18,421	17,539	15,937
Each additional	1,880	1,743	1,722	1,634	1,522

Applicants should note that these figures may vary depending on the individual circumstances. For example, individuals who can demonstrate alternative means of support (i.e., credible offer of employment, spouse employable in Canada, offers of support from relatives, etc.) may be given some degree of exemption from having to demonstrate the full amount listed.

Question-19: Is there any benefit to having relatives in Canada?

Answer:

A close relative who is a Canadian citizen or permanent resident living in Canada gives the applicant additional points.

Question-20: What is meant by "related work" experience?

Answer:

A minimum requirement for qualifying is that the applicant have at least one year (6 months for Quebec) of working experience related to his/her intended occupation in Canada. In certain instances graduate and post-graduate students may rely upon their faculty related research etc. to satisfy this requirement. However, there is discrepancy in the recognition of such experience from one immigration processing post to another.

Question-20a: Must the experience have been on a full-time basis?

Answer:

The Regulations make no such requirement. As such it is reasonable to assume that 1 or more part-time (and/or non-consecutive) positions over an extended period could satisfy the necessity of having obtained at least 1 year of experience. As a guideline we would suggest that the accumulation of 1750 hours of work in a related occupation, over a period of time equal to or greater than 1 year, would suffice to meet the minimum threshold.

Question-20b: How is experience in a previous or current occupation evaluated when that occupation differs from the applicant's intended occupation in Canada?

Answer:

This issue is referred to as "transferability" of experience and is dealt with in some detail in the Canadian Government Immigration Manuals at Volume I, Section 4.30. In an effort to achieve the maximum number of points or alternatively to be evaluated in an occupation which appears upon the "open list" of occupations, an applicant may indicate an intended occupation other than that in which he/she is primarily qualified or has been predominately employed.

Transferability of experience will have to be considered in situations such as the following:

• An applicant declares that experience gained in an occupation not included on the open list qualified him/her to adequately carry out the functions of an occupation which is included on the open list. As the Manual points out, each such case must be examined on its merits. One should not assume that experience gained in a higher skilled, more demanding occupation can automatically be transferred to a lower skilled, less demanding occupation.
• An applicant has carried out the functions of an occupation on the open list in addition to his/her primary occupation, perhaps in the past or as part of his/her current employment. If properly proved, points for this secondary experience and occupation should be awarded if beneficial to the applicant.
• An applicant has during his/her employment carried out some, but not all, of the functions of a particular occupation on the open list. Again, there is no fixed rule and the applicant will have to demonstrate that the skills, abilities and duties of his/her actual occupation match those of the intended occupation in Canada.

In any situation where transferability of experience is at issue, the applicant will first have to satisfy the visa officer that his/her experience qualifies him/her for the intended occupation. To do this effectively it would be helpful if the applicant could refer to and rely upon the Canadian Classification and Dictionary of Occupations (CCDO) which lists the essential elements of each occupation on the open list. However, gaining access to the CCDO may be difficult for the individual applicant be cause it's use in Canada in non-immigration matters has been phased out and as a result the CCDO is no longer in print. In any event, let us assume that the applicant can establish that his/her employment history included the performance of at least some of the important elements of the intended occupation. In such cases, that percentage of the relevant employment background will be credited under the experience factor. The percentage must cumulatively add up to at least 1 year.

Question-20c: Is credit given for experience gained in conjunction with post-secondary studies?

Answer:

The answer is not simply yes or no and there is a lack of consistency in the treatment of this type of experience among the different visa officers. Teaching experience is of little use because "teachers" are not on the open list. Research experience may be credited if, in conducting it, the applicant has performed some or most of the essential elements of the intended occupation.

Question-21: Is a Canadian employment offer a requirement?

Answer:

No, it is not. Having such arranged employment may be beneficial in some cases, however.

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

Answer:

If you do not have a minimum of one year (6 months for Quebec) of experience in an open occupation, you must obtain arranged employment, or be able and willing to work in a designated occupation in Canada.

If you are just short of the minimum requirement for experience, and will have completed such by the time of the completion of paper screening or the time of a selection interview, then you may be able to submit the application, anyhow. Various processing posts have differing policies regarding this, however, and it is advised that confirmation be received prior to submitting an application under these circumstances.

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