Your gateway to Canada

TAKE ADVANTAGE OF COVID-19 TIMES

By Atty. Henry Moyal

19. I have read that it is getting easier to become a permanent resident during Covid-19. I also read that the draw number for skilled workers was very low at 75 last month. Have the laws changed allowing more people to immigrate?

19. The laws have not changed and the selection process has not changed. However, Canada Immigration is strategically trying to find ways to grant more immigrant visas because the numbers have been very low due to Covid-19. As such, the draw number did go down to 75 which allowed many people to become immigrants – but the laws remained the same. For example, the minimum threshold for English proficiency did not change and applicants still have to have at least one year of work experience. Similarly, students who graduate from a Canadian program can automatically obtain work permits to Canada. That law did not change but due to Covid-19 , Canada Immigration is allowing online instruction as eligible credit.

Another example, is that workers on post grad work permits can automatically obtain an extension for 18 months – no LMIA/job offer is required. Quite unprecedented.

In general then, it seems that now is the time to take advantage of Canada Immigration’s “generosity” and to submit an application in any category one is qualified. Just like the pandemic, no one can predict what will happen.

1. I have tried to get a strong score in the IELTS for my application but after three tries I cannot seem to score sufficient points. Is there a law or a way for me to apply with a low IELTS? It is not a easy test and I have completed a Master degree. What can be done?

1. Unfortunately, if you do not meet the minimum threshold, Canada Immigration will not accept the score. If possible, I suggest you take the easier test – CELPIP. That may be better for you.

1. I just received a refusal on my application because Canada Immigration has stated that my NBI Police Clearance is not valid. The NBI clearance clearly states “ no criminal record”.

I don’t understand what the problem is?

1. I agree that the “rule” or instructions are confusing and quite unfair. Despite the wording “ no criminal record”, if the NBI stipulates NO CRIMINAL RECORD, NO PENDING CASEor RECORD AS STATED, you submit the additional documentation such as a written explanation from the NBI regarding this remark and court documents for the criminal charges.

2019. I was a visitor in Canada in 2017 and married a Canadian Citizen. He sponsored me and I became a PR in early 2019. As soon as I became an immigrant he started to demand many things including requiring me to stay home and not work. He completely changed and I left the house. I am now living with a student in Canada and want to sponsor him so he can become an immigrant. Will immigration get mad that I left my husband when he is the one to sponsor me?

1. I don’t think IRCC will be mad. However, under immigration law you cannot sponsor your new boyfriend. Since you yourself were sponsored as a spouse, you must wait at least 5 years from the time of your landing to sponsor another spouse.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193