Your gateway to Canada


Immigration Newsweek

By Attorney Henry Moyal


Q. My nephew is a skilled and experienced radiologist in the Philippines. He has a secure job but for the sake of the future of his children he is thinking about immigrating to Canada. He wants to know whether doctors can immigrate to Canada or whether his occupation is a hindrance?

A. In June 2002 the Federal Government changed the way it selected its economic immigrants. Prior to June 2002 there was a list of occupations that were ” acceptable” . Doctors and lawyers were not on the list as Canada felt it had too many of each. Back then if your occupation was not on the list then you would be refused. The system has now changed. There is no more list of acceptable occupations. In general, as long as someone’s occupation is skilled and requires a degree or diploma then that is acceptable. Therefore doctors can certainly immigrate to Canada and given the fact that most doctors has several university credentials that will award them high points on the educational criteria.

Q. I applied to sponsor my wife to Canada but the visa officer was very judgmental at our interview and did not seem to believe anything we said. The officer asked us very personal questions which made be very uncomfortable. I was nervous and the end result was a refusal. I really do love my husband but just because we have known each other for so long does not mean it is a fake marriage. What can be done to rectify this situation?

A. The main purpose of the interview in spousal sponsorships is to determine if the relationship/marriage is a real one or whether the applicant married you to gain admission to Canada only. The officer does have a right to ask personal questions in order to see whether it is a genuine union or not. Although it is a little awkward, answering the questions on intimacy is a good way to indeed prove the bona fide of the marriage.

It appears that you did not satisfy the officer that this was not a marriage of convenience. But it is not over yet. You have a right to appeal the case to the Immigration Appeal Division and at the appeal you can explain why you were nervous and provide evidence of the relationship. You must move fast and appeal within 30 days though.

Q. I applied for permanent residence under the skilled worker category. About six months ago the embassy sent me a letter asking for my original passport to insert the visa. I did that . It is over six months now and still no word on the visa. Do you what the delay is?

A. I cannot say for sure but my feeling is (believe it or not) that they have run out of visas. Your question is very common every year during November and December. Each embassy has a certain amount of visas for the year and it may well be that they have all been used. In all likelihood you should hear from them in early 2005. If it is urgent I suggest you write to them and explain your case. My understanding is that each embassy leaves aside a number of visas for emergency purposes.

Attorney Henry Moyal is a certified and licensed Immigration Lawyer in Toronto, Ontario. The above article is general advice only and not intended to act as a legal document. Send questions in confidence to Balita or to Attorney Moyal by fax, mail or email