By Attorney Henry Moyal
TOP TEN IMMIGRATION QUESTIONS OF 2011
Q1. I have a sister living in the Philippines who is interested to immigrate to Canada? Does she qualify?
A1. More information is needed on your relative. There are several categories that she may or may not qualify for. While many people are interested in immigrating, one must remember that a person must be eligible and qualify before embarking on an application. For a free assessment complete the free assessment form in www.moyal.com
Q2. I heard that immigrating has stopped processing parents’ sponsorship application? I filed my application last year. Will I be affected?
A2. No. Any application filed before November 5, 2011 will not be affected and will be processed normally.
Q3. I have no status in Canada. Can I still apply and qualify for immigration to Canada?
A3. Yes. Being out of status 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.
Q4. I want to immigrate to work in Canada but I do not have an employer. Do I need an employer? Will you find an employer for me?
A4. 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. If a person wishes to only work in Canada and only obtain a work permit (as opposed to an immigrant visa) then is most cases, an employer is first required.
Q5. I entered Canada to work as a caregiver years ago but declared I was single at the time when in reality I was married. I was to apply for permanent residence and include my husband. Can I?
A5. Technically, you misrepresented yourself upon arrival. The immigration department does not take such things lightly but if you have not already applied for permanent residence it is likely that you not face a problem. A solid explanation is required.
Q6. I was married when I arrived to Canada to work but do not want to include my spouse on my permanent residence. Is this possible?
A6. You need to decide if you want to either: declare spouse but have him declared as a non-accompanying dependant OR exclude spouse. If the former, he still must comply with medical and security checks. If the latter, then you must obtain a divorce / annulment.
Q7. I’m a Canadian Citizen. I was sponsored by my mother to come to Canada. At the time of my application I had a child that I told no one about. Can I sponsor my child now?
A7. Your case will be caught by regulationR117(9)(d) which states that your child is not considered to be a family class member. However, if you have a strong reason for not declaring the child it may be possible to sponsor the child. Seek professional assistance as it may affect your status.
Q8. How does one obtain a super visa?
A8. A super visa is a visa for two years that is given to parents/grandparents who wish to visit Canada. They must provide proof of health insurance, letter of invitation and undergo a medical exam.
Q9. My sponsorship application was refused. Can I appeal?
A9. If your application was to sponsor a parent or spouse and the refusal was made outside of Canada then you have an automatic right to appeal. You must appeal within 30 days of refusal. If your sponsorship was processed inside Canada under inland processing then there is no automatic right.
Q10. Is there an age limit on immigration to Canada? I’m over 40 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 40 then you will obtain maximum points for age.
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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