Your gateway to Canada


Immigration Newsweek

By Attorney Henry Moyal


Q. I am skilled professional living in Philadelphia. I have good prospects of landing a job in Canada for a reputable company. As my wife recently gave birth, I will not be able to formally apply for a few months. Do you see any problem arising out of my delay? I am afraid that the quota on work permits will expire for the fiscal year 2004 just like they did in the USA recently for H1B visas.

A. I am aware that the USA Citizenship and Immigration Services capped its H1B visas this year and are no longer accepting applications for 2004. However, Canada works differently. Canada does not impose ” caps” and does not have quota systems. Basically, if a Canadian employer needs you and can prove it you are in and you will be issued a work permit. The crucial criteria is need and the fact that you will not displace other Canadians. It does matter on how many visas were issued to others.

Q. I am in the process of sponsoring my father and sister from the Philippines. I earn over $50,000 per year but have a large mortgage on my house. My sister just turned twenty years old but is not going to school and is looking for work. If my father immigrates to Canada we do not want to leave her behind.

A. You do not have to. >From the information provided, your sister and father are eligible to immigrate. They will of course need to comply with medical and security clearances. Your income of over $50,000 is well above the low income cut off for a family of three and you do not need to worry about your large bank loan on your house since that debt is not considered relevant.

Finally, your sister does not need to be in attendance at school to qualify. Applications filed will be under the new immigration laws. Current laws regard dependant children as a son/daughter under 22 years of age.

Q. I am a new immigrant to Canada. I lived in Saudi Arabia working in a hospital for three years and my wife was working for a national airline. We hired a local woman to care for our newborn baby who is now years of age. We would like to have her come to Canada to work for us. How do we approach this case.

A. You will need to sponsor her under the Live in Caregiver program. Before you do so you should make sure that she will qualify. There are basically two steps. First you must obtain an employment validation from HRDC in Canada and secondly the woman must obtain a work permit. To obtain a work permit she must speak English , have a high school diploma and work experience for at least one year.

Q. My husband and I want to sponsor my eldest sister who lives in Cebu. She is a widow and over fifty. She has tried to come to visit me in Canada but has been refused a visitor visa.

A. I can only assume that the visa officer was of the opinion that your sister would likely stay in Canada after her “visit” and therefore was not a genuine visitor. Perhaps as a widow who is 50 years old she does not have sufficient ties to her home country. Unfortunately, the family class category is restricted to immediate relatives and you cannot sponsor a sister.

Q. I am a Canadian Citizen living in Burlington. I am a dentist who is seeking to retire soon. I want to move to the USA. I have some colleagues who live in Florida and have advised me to move there. How can I work there?

A. I would suggest that you obtain a job offer from a colleague and apply under the NAFTA free trade agreement.

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