By Attorney Henry Moyal
TOP TEN IMMIGRATION QUESTIONS OF 2010
Q1. I want to immigrate to Canada but I do not have an employer. Do I need an employer? Will you find an employer for me?
A1. If a person is qualified under Canada’s current immigration regulations, NO employer is required to obtain permanent residence. As an immigrant you can live and work anywhere in Canada. Our law office can certainly help with places to find an employer but we do not place individuals in specific jobs.
Q2. I’m out of status in the USA or my visa has expired. Can I still apply and qualify for immigration to Canada?
A2. Yes. Being out of status in the USA is not directly relevant to one’s eligibility. We have processed hundreds of applications from applicants who were out of status and successfully became immigrants.
Q3. How long does it take to process a permanent resident application? My classmate recently obtained her visa and it took her 5 years? Is the processing time the same?
A3. Processing times are much shorter now. Your friend’s case took 5 years because she must have filed before February 2008. Applicants who filed before 2008 are considered backlog applicants and it can indeed take several years to process. After February 2008, the Canadian government imposed an “occupation list”. Meaning, a specific list of occupations were designated in demand. The current list has 29 occupations. One can only apply if they work experience in one of the 29 occupations. As such, current processing time is about one year. Several ads and consultants (non-lawyers) promote their business “promising or guaranteeing” visas in six months. Those promises are false and untrue since initial first step in of itself takes about 4 months so how can the entire case take six months? Such false claims are fraudulent.
Q4. I’m a USA Citizen. Can I immigrate to Canada? Will I lose my USA Citizenship?
A4. Both Canada and USA permit dual citizenship. Therefore, you will not lose your USA citizenship.
Q5. I live in New Jersey and want to apply for immigration to Canada. I have a good job here and my children are still in school. If I apply for Canada, do I have to leave the USA?
A5. No. There is a special procedure for such cases and we have processed hundreds of application to success with the exact same fact situation.
Q6. I already applied for immigration to Canada. My visa will hopefully be issued next month. How much time do I have before I have to enter Canada? I want to finish my contract so I may not be able to leave soon. If I cannot leave in time, can I extend the time on my visa?
A6. The validity of the visa (the date upon which you must enter Canada), is the earlier of two dates: passport expiry or one year from medical exam. You cannot extend the validity date.
Q7. I’m in USA now, after I obtain my immigrant visa can I go back to the Philippines first and then enter Canada or do I have to enter Canada directly from USA? As well, my spouse is the main applicant on the application. Can I enter Canada before her?
A7. When you obtain immigrant visa you can enter Canada by air, land or sea. Any port of entry is fine. Therefore, you can enter directly from USA if you want or go the Philippines. As long as you
enter before expiry date, you should be fine. Second, the main applicant must enter Canada first or at the same time as other family members
Q8. I live in San Francisco. My wife and children are in the Philippines. If we apply as a family for permanent residence, how does that work? Will that complicate things?
A8. It is not a problem. There is a special procedure for such cases and we have processed hundreds of application to success with the exact same fact situation.
Q9. My child is over 20 years of age. I cannot include him on any USA application as he is overage. Can he be included as a dependant on my Canadian immigration application?
A9. Every applicant can include the following persons on their application: a spouse, common law partner and all unmarried dependant children. To be considered a dependant child, the child must be either:
-under 22 years old, or
-over 22 years old but must be a continuous full time student from the age of 22
Q10. Is there an age limit on immigration to Canada? I’m over 50 years old. Can I still qualify for immigration or am I out of luck.
A10. There is no age limit per se. There is no rule stating that people over a certain age cannot apply. However, age is one of several factors. All factors are assigned a score. The highest score obtainable for age is between 21-49. Therefore, if you are over 50 it does not mean you cannot qualify. You may lose some points on the age factor but mathematically you can still qualify if you have strong credentials in other areas (i.e. education, work, language etc…)
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 phone 416 733 3193 or email www.moyal.com
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