In the course of my practice I encounter many of the same questions about Canadian immigration over and over again. With a view to saving others from costly errors and dispelling pervasive myths about immigration, I am reproducing common questions and answers. As with all immigration requirements, cited rules are subject to change and expert advice should be sought regarding the specific details of one’s case.
Q: I applied for permanent residence a couple of years ago and have recently been asked to take the immigration medical, so I expect my visa soon. I recently had a child with my girlfriend and want to relocate to Canada by myself and then apply to sponsor my family. My relatives in Canada told me not to declare my new family to save additional processing time. Is this a good idea?
A: Absolutely not! As a prospective immigrant you are under a strict obligation to be truthful in your application and must keep the visa office informed of any changes to your family members, not only while your application is in process but up until the time you land in Canada (even if your visa issued prior to these changes). If your family members choose not to accompany you to Canada, they must still undergo immigration medicals and are subject to other requirements. If you do not declare your family members, you may be denied entry into Canada or face admissibility proceedings for misrepresentation that could result in your removal. You will also be precluded from ever sponsoring your family members in the future. Extremely serious consequences can result from attempting to save a few months in processing time – don’t do it!
Q: Is there an age limit for immigration?
A: It depends. The Federal Skilled Worker program includes a points-based assessment of various factors including age; however, applicants only earn a maximum 10 points for age out of a possible 100 points (of course in some cases this factor can make a difference in whether one achieves the pass mark of 67). Under the Manitoba Provincial Nominee Program (MPNP) Family Support stream, applicants must be between the ages of 21-49 and MPNP General stream contains a points-based assessment of various factors including age. Age requirements of other provincial nominee programs vary. Work permit, student visa, Federal family sponsorship (except of a minor child), visitor visa, and certain other programs do not have age limits although immigration authorities may question an applicant’s true intention or ability to study, work, or do business if they are too advanced in age.
Q: How long does it take to immigrate to Canada?
A: Many factors affect application processing times, including the particular program, visa office workloads, the quality of form completion and supporting documents, variables such as medical issues and changes to government programs/priorities, and whether additional documents or information is sought by the visa office following submission. Processing times published on the Citizenship & Immigration website can provide a general guideline but are only a range of times expressed in percentages and are based on prior years. At the time of application an experienced representative can give a general approximation of expected time frames but cannot guarantee processing times nor promise faster processing for additional fees. Expert assistance may help avoid delays associated with deficient applications and, where options are available, with the selection of the most suitable and fastest program.
Q: What are the requirements for a work permit?
A: With limited exceptions, a job offer to a foreign worker (i.e.: not a Canadian citizen or permanent resident) must be approved by Service Canada prior to the work permit issuing. This approval is called a Labour Market Opinion (LMO) and it depends on an officer’s assessment of the job including the benefits to the Canadian labour market (such as filling skill shortages, or transferring skills to Canadians), adequacy of wages being offered, and compliance with provincial requirements. Adherence to procedural requirements of the LMO application is critical.
When applying for a work permit, prospective foreign workers must satisfy the visa office that they have the requisite occupational qualifications including documented work experience, education, and professional accreditation (if applicable). They may also be subject to medical and other requirements.
I welcome readers to send me their general questions via email to belding@cfblaw.ca. Although I may not be able to answer all questions personally, I will publish selected questions/answers in future issues.