Your gateway to Canada


Immigration Newsweek

By Attorney Henry Moyal


Q. My brother is thinking about immigrating to Canada. He and his wife are university graduates and I was told by others that he scores sufficient points. But how long will the processing take? He has a teenage son and he does not want the child to start university in the Philippines only to stop and then enter a university again in Canada. I own a restaurant and it would be nice if they would arrive soon to manage it.

A. Processing times is by no means a science. While anyone can simply search the internet and Canadian government site to see ” standard processing times” , how does this help YOU? For example, if Manila is processing 60% of its cases in 3 years, does that mean your case will take that long? No.

As well, we have experienced some erratic behavior on the part of the Canadian embassy in Manila that has left us scratching our heads. In particular, Manila is processing skilled worker applications in several years but apparently is expediting cases that have a validated job offer. In the past 4 months we have sent several skilled worker cases to Manila with a job offer in Canada. All cases were scheduled for interview in TWO MONTHS. At this time all cases have proceeded for medical and our clients will some become landed.

Q. I am a Citizen of Canada and currently living in San Francisco, California. I have met an American girl and we plan to marry soon. My employment contract will end in six months. Can I bring my wife to Canada with me? Can I start the case now?

A. Normally, an individual who wishes to sponsor a member of the family class (for example, a spouse) must reside in Canada. However, there is an exception in your case. In other words, if your intention is to return to Canada after your wife’s visa is issued you may apply now.

Applications of this kind usually take about 6-9 months and therefore if your future spouse requires a visitor visa to enter Canada she must wait outside of the Canada until her immigrant visa is issued.

Q. I am a permanent resident of Canada. Last year I was travelling in New York and lost my landing document. Where do I get a replacement? How long does it take.

A. According to our experience, your original color 8 x 14 “Record of Landing” document or IMM1000 cannot be replaced. You must apply for a Certified Copy of your Record of Landing. The cost is $30 and it usually takes 3 months to obtain.

However, you have not mentioned how long you have been out of Canada. The paper landing document is not valid for travel unless you are traveling by car. You now need to apply for a permanent resident card.

Q. I am visiting New York at the present time. My husband completed his Masters degree seven years ago and is a Microsoft Certified Engineer working in Doha, Qatar. We wish to apply for permanent residence in Canada but I do not want to leave the USA. Do I have to fly to Qatar for the interview?

A. We would of course need to know more information in order to assess your case but it seems that your husband is a qualified applicant. The place of interview does not necessarily have to be in Qatar and it will depend on the visa officer as to whether you must attend the interview. It may be possible to be interviewed in New York depending on your stay within that jurisdiction.

Q. I applied for a student visa to study at an educational institution in Toronto. Classes were to commence in September 2004 but my visa was recently refused by the Canadian Embassy. I already paid 25% of the tuition fee for the school. What can I do?

A. Firstly, if you were refused a student visa you have the right to appeal the decision to the Federal Court of Canada. This however may prove to be a timely and costly procedure. Regarding the tuition fee, the law requires that the educational institution return the entire deposit (less administrative charges, approximately $100) to you since you did not attend the course. Some students are not aware of this law and therefore demand your refund or seek professional advice.

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