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{ Regina Time: Friday 15th December 2017 }
FREQUENTLY ASKED QUESTIONS
 


CATEGORIES

GENERAL QUESTIONS

Q. Do I need a Temporary Resident Visa?
If your country is not listed below or if any of the following does not apply to you, you require a visa to visit Canada. These include:

  • citizens of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Israel (National Passport holders only), Italy, Japan, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Solomon Islands, Spain, Swaziland, Sweden, Slovenia, Switzerland, United States, and Western Samoa;
  • persons lawfully admitted to the United States for permanent residence who are in possession of their alien registration card (Green card) or can provide other evidence of permanent residence.
  • British citizens and British Overseas Citizens who are re-admissible to the United Kingdom;
  • citizens of British dependent territories who derive their citizenship through birth, descent, registration or naturalization in one of the British dependent territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena or the Turks and Caicos Islands;
  • persons holding a valid and subsisting Special Administrative Region passport issued by the Government of the Hong Kong Special Administrative Region of the People’s Republic of China;
  • persons holding passports or travel documents issued by the Holy See.

Q. Do I need to complete medical examinations and Police checks or certificate of good conduct before coming to Canada?
If you are from a country with high health risks; or if you will be studying or working in a place where protection of public health is essential A Visa Officer will advise you if you need to take a medical examination, and will provide you with instructions on how to proceed. If you need a medical examination, processing your application could take at least three extra months. A Visa Officer may request a police certificate to prove to Citizenship and Immigration Canada (CIC) Officers that you are a responsible person and that you do not have a criminal record. These checks may be done on anyone over 18 years of age

Q. What is a Temporary Resident Visa?
A Temporary Resident Visa is an official document issued by a visa office abroad. It is placed in your passport to show that you have met the requirements for admission to Canada as a temporary resident.

STUDENT CATEGORIES
 

Q. Do I need acceptance letter before applying for student visa?
Student visa cannot be issued until the institution confirms your admission in acceptable format.

Q Can I use a conditional acceptance letter to apply for temporary resident visa (student)?
Generally student visa are not issued based on conditional acceptance. There may however be some exception especially if it is part of the program of study.

Q Do I need a study permit?
Most foreign students will need a Study Permit to study in Canada. There are some exceptions:

  • If you wish to study in a short-term course or program:
    You do not need a Study Permit if you are planning to take a course or program in Canada with a duration of six months or less. You must complete the course or program within the period authorized for your stay in Canada.
  • If you are a minor child already in Canada:
    You do not need a Study Permit if you are a minor child already in Canada, and your parents are not “visitors” in Canada.
  • Foreign representatives to Canada:
    If you are a family or staff member of a foreign representative to Canada accredited by the Department of Foreign Affairs and International Trade, you do not need a Study Permit to study.

Q. Why should I get a Study Permit?
There are benefits to having a Study Permit, even if you do not require one. If you have a valid Study Permit, you can:

  • work part-time on campus at the college or university at which you are registered as a full-time student; and
  • apply to renew your Study Permit from within Canada, if you decide to continue studying in Canada.

Q. When should I apply for my Study Permit?
You should apply as soon as you receive your letter of acceptance from the educational institution. The time needed to process an application to study in Canada may vary at different visa offices.

Q. How do I apply for a Temporary Resident Visa as a student?
If you need a Temporary Resident Visa in addition to your Study Permit, you do not have to make a separate application or pay a separate fee. An officer will issue it at the same time as the documentation that you will need to enter Canada as a student.

WORK VISA
 

Q. Can I work in Canada without a permit?
In almost all cases you must have a valid work permit to work in Canada. In special situations, you may be able to work temporarily in Canada without holding a work permit issued by Citizenship and Immigration Canada (CIC). You do not require a work permit if you are.
Business Visitors, Foreign Representatives; Family Members of Foreign Representatives; Military Personnel; Foreign Government Officers; On-Campus Employment; Performing Artists; Athletes and Coaches; News Reporters; Public Speakers; Convention Organizers; Clergy; Judges and Referees; Examiners and Evaluators; Expert Witnesses or Investigators; Health Care Students; Civil Aviation Inspector; Accident or Incident Inspector; Crew Members; Emergency Service Providers.

Q. On what condition can some business visitors work in Canada?
Business visitors may work in Canada without a work permit. They enter Canada for international business activities, without entering the Canadian labour market. Business visitors may represent a foreign business or government, and are remunerated outside Canada. Their principal place of business is outside Canada. The business visitor category includes certain persons entering under the provisions outlined in certain free trade agreements, such as the North American Free Trade Agreement (NAFTA), the Canada-Chile Free Trade Agreement (CCFTA) and the General Agreement on Trade in Services (GATS).

Q. What are the temporary worker provisions of free trade agreements?
North American Free Trade Agreement
Under Chapter 16 of the NAFTA, citizens of Canada, the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business-related activities or investments. All businesspersons covered by the NAFTA are exempt from the need to obtain approval from HRDC. This means that Canadian employers do not need to have a job offer approved by HRDC to employ a U.S. or Mexican businessperson. General provisions on temporary entry also apply to citizens of the three countries.
The NAFTA applies to four specific categories of businesspersons: business visitors, professionals, intra-company transferees, and traders and investors.

A business visitor:

  • must be entering Canada to take part in an activity listed in Appendix 1603.A.1 of Chapter 16 of the NAFTA (these activities include technical or scientific research, attendance at a convention or trade fair, sales of products or services--but not delivery at the time--and after-sales service);
  • cannot be seeking to join the domestic labour market--in other words, the principal source of remuneration remains outside Canada; and
  • does not need a work permit.

A professional:

  • must be qualified to work in one of the more than 60 professions listed in Appendix 1603.D.1 of Chapter 16 of the NAFTA (for example, accountants, computer systems analysts, engineers, management consultants and technical writers); and
  • needs a work permit.

An intra-company transferee:

  • must have worked for at least one year in the preceding three-year period for the U.S. or Mexican employer who wishes to effect the transfer;
  • must be transferred to Canada to work temporarily for the same or an affiliated employer;
  • works only at the executive or managerial level, or has specialized knowledge; and
  • needs a work permit.

A trader or investor:

  • is a businessperson carrying on substantial trade in goods or services principally between Canada and his or her country of citizenship, or is a businessperson conducting substantial investment activities in Canada, in a supervisory or executive capacity, or in a capacity that involves essential skills;
  • meets additional requirements under the NAFTA; and
  • needs a work permit.

Canada-Chile Free Trade Agreement
The CCFTA is modelled on the NAFTA and makes it easier for Canadian and Chilean citizens to temporarily enter the other country. The rules and requirements are similar to those under the NAFTA and cover the four categories of business persons: business visitors, professionals, intra-company
transferees, and traders and investors.

General Agreement on Trade in Services

Under the GATS, Canada has committed to facilitate market access for certain businesspersons who are foreign service providers in specified sectors. The commitments apply to service providers from more than 140 World Trade Organization member countries. Three categories of businesspersons are covered: business visitors, professionals and intra-company transferees. Qualifying businesspersons find it easier to enter Canada because they do not need to obtain HRDC confirmation or, in the case of a business visitor, a work permit.

VISITOR CATEGORIES
 

Who is visitor?
Anyone who is not a Canadian citizen or permanent resident and he/she is lawfully admitted to Canada for a temporary purpose

Do I need a visa to be a visitor in Canada?

Certain countries require visa to come to Canada while other do not?

How long can a visitor stay in Canada?
Your length of stay depends on you purpose of coming to Canada and the time you are authorized to stay in Canada.

FAMILY SPONSORSHIP
 

Who is eligible to sponsor family member?
Any Canadian citizen or permanent resident may be qualify to sponsor family member within or outside Canada

How long I am financially responsible for my relatives?

After your sponsored family members or relatives become permanent resident, you must support them Spouse (3yrs), children under 22 (10 yrs or until the age of 25), dependent children 22 or over (3years); other relatives (10 yrs)

ECONOMIC IMMIGRANT
 

Who are economic immigrants?
These are immigrants selected for skills or other assets that will contribute to the Canadian Economy.

How can I immigrate to Canada as a worker?

Applicants in economic classes are assessed using selection criteria for each class.

What constitute economic classes?
These classes include skilled workers, provincial and territorial nominees, investors, entrepreneurs and self employed persons?

What is “point” system?
Skilled workers are assessed against a selection system based on specific factors, for which points are assigned.

Who can I include in my application for an Immigrant Visa?
Your spouse and any dependent children may be included in the application. Children must be under the age of 21 years. If they are 22 and older, they must not have had an interruption of more than 12 months in their schooling. Your accompanying dependents will be subject to medical and security clearance requirements. Other family members, such as your parents, generally cannot be included in the application but you may be able to sponsor them as part of the family class after you land in Canada.

Who must attend an interview?
Interviews for the principal applicant and his/her adult dependants may be required; however, they can be waived. If the applicant either shows that they have sufficient units to pass, or insufficient units with no chance of accumulating more in an interview, they are not likely to be interviewed. The interview is used to verify the information provided in the application, to assess the applicants' command of English/French languages, and to determine the personal suitability of applicants to successfully settle in Canada.

Is there any advantage to having relatives in Canada?
Yes, having relatives in Canada can improve your potential for meeting the minimum criteria for immigration. Only close family are acceptable.
Your relative can be your or your spouse's brother, sister, mother, father, grandparent, aunt, uncle, niece or nephew. An established relative is seen to facilitate your adaptability into Canadian society.

Are there any other fees associated with the immigration process outside of your consultation fees?
Yes, as stated above, there is a filing fee in the amount of CAD$550.00 for the principal applicant and each dependent aged 22 and above, and CAD$150.00 for dependents under the age of 22.
Unlike your Right of Permanent Residence Fee, this ( Cost of Recovery Fee or Processing Fee as detailed above) is NOT refundable in the event that your application is not accepted, as it goes to the Canadian Government.
There is also a Right of Landing fee (which is paid at the end of the application) in the amount of CAD$490.00 which applies to you and each dependent 22 years of age and above. This fee is refundable in the event that you are not able to land in Canada for any reason.

Am I required to have a certain amount of assets?
The Government of Canada does not provide financial support to new skilled worker immigrants.
You must show that you have enough money to support yourself and your dependants after you arrive in Canada. You cannot borrow this money from another person. You must be able to use this money to support your family.
You will need to provide proof of your funds when you submit your application for immigration.
The amount of money that you need to have to support your family is determined by the size of your family. You do not have to show that you have these funds if you have arranged employment in Canada.

How Much Money Should I bring into Canada when I land?
Find out how much it costs to live where you are planning to settle in Canada.

  • Bring as much money as possible to make moving and finding a home in Canada easier.
  • You will not be taxed if you bring your money when you come in right away.
  • Talk to a good Tax Consultant who will guide you accordingly.

Disclosure of funds:
If you are carrying more than CDN $10,000, tell a Canadian official when you arrive in Canada. If you do not tell an official you may be fined or put in prison. These funds could be in the form of:

  • cash;
  • securities in bearer form (for example: stocks, bonds, debentures, treasury bills); or
  • negotiable instruments in bearer form (for example: bankers' drafts, cheques, travelers' cheques, money orders.)

What is the Right of Landing Fee or Right of Permanent Residence Fee?
The Right of Landing Fee (ROLF) or RPRF is paid for the right to obtain permanent resident status in Canada. The fee is partial compensation for the many benefits and privileges that permanent resident status confers.
Every person aged 22 and over who applies for permanent resident status, whether at a post abroad or in Canada, must pay the fee. Every person who applies to sponsor a family member aged 22 or over must also pay the Right of Landing Fee on behalf of that dependent family member. The Immigrant Loans Program allows persons in genuine need of assistance, who can demonstrate an ability to repay, to obtain a loan to pay the Right of Landing Fee.
The applicant normally pays the RORF along with the application processing fee at the time of application, but may have the option of deferring payment of the RORF to any other time during the process. The amount of the Right of Landing Fee is $490 per adult aged 22 or over. The fee is refundable if permanent residence status is not granted.

Are there any other fees or costs?
The application process may include other costs such as those related to medical examinations and police clearances; translating documents into French or English; and business and real estate valuations in certain cases.

Will my dependents and I be required to undergo a medical examination?
Yes, you and any dependent will be required to undergo a medical examination by a physician designated by the Canadian Government.

Can I use my own doctor to do the medical examination?
No. The examination must be done by an approved doctor on Canada’s list of Designated Medical Physicians

Will my application benefit if I have a close relative in Canada?
Skilled Worker applicants will be awarded bonus points if the close relative is a Canadian citizen or permanent resident and over the age of 19 years. The applicant is then referred to as an "assisted relative". To qualify as a close relative, the Canadian citizen or permanent resident must be the applicant's uncle, aunt, brother, sister, parent, nephew or niece.

In what language must my supporting documentation be submitted?
All supporting documentation in a language other than English or French must be accompanied by an English or French translation, as translated by a certified translator. There are no exceptions except in one or possibly two instances.

How long does the immigration process take?
The average processing time of all world-wide visa offices is approximately 16-24 months or more for applications where a selection interview is required. Since each case is unique and based on the circumstances of the case, and the office at which the application is submitted, processing time may be as short as 9 months or as long as 40 months or more.

What is a lock in date?
A lock-in date is the date on which a visa office receives a completed application form, with full payment of the processing fees.
The Canadian Courts have deemed the lock-in date to be the date on which factors such as age must be assessed. Thus, no points will be lost if the applicant's age changes during the processing of the application.

MEDICAL EXAMINATION AND CRIMINAL RECORD
 

Tell me more about the Medical Examination Procedure please?
Sure, you must pass a medical examination before coming to Canada. Your dependants must also pass a medical examination even if they are not coming with you.
Applications for permanent residence will not be accepted if that person's health:

  • is a danger to public health or safety; or
  • would cause excessive demand on health or social services in Canada.

Medical Examination Instructions
Instructions on how to take the medical examination will normally be sent to you after you submit your application to the Visa Office.

Validity
You can only use your examination results in your application for 12 months from when you had the examination. If you are not admitted to Canada as a permanent resident within this time, you will be required to undergo another examination.

Authorized Doctors
Your own doctor cannot do the medical examination. You must see a physician on Canada's list of Designated Medical Practitioners
Medical Report Procedures
Medical reports and x-rays for the medical examination become the property of the Canadian Immigration Medical Authorities and cannot be returned to you.
The doctor will not tell you the results of the medical examination. The doctor will let you know if you have a health-related problem.
The DMP does not make the final decision. Citizenship and Immigration Canada will make the final decision on whether or not your medical examination has been passed for immigration purposes.

Do I have to submit a police clearance?
Yes. You must submit a police clearance for you and your dependants from every country where you have resided for more than six months in the last ten years.

What medical conditions require surveillance?
Applicants will be placed under medical surveillance if the results of their immigration medical examination for entry to Canada show that they have:

  • inactive tuberculosis (TB); or
  • evidence of a previous syphilis infection that has been treated prior to entering Canada.

Why is medical surveillance necessary?
Medical surveillance helps people with certain conditions maintain their own health, and protects their family members and people in Canada.

How is medical surveillance carried out?

  • People who require medical surveillance will receive a Medical Surveillance Undertaking form (IMM 0535) and a Medical Surveillance Handout that provides instructions and telephone numbers for contacting public health authorities. They must report to a public health authority within 30 days of entering Canada.
  • If they are already living in Canada, people who require medical surveillance are required to report to a public health authority within 30 days of receiving the medical surveillance handout.
  • Upon entry to Canada, Port of Entry staff will send copies of any IMM 0535 forms to the Medical Surveillance Unit (MSU) so that provincial and territorial health authorities are made aware of the arrival of individuals requiring medical surveillance.

    There are specialized clinics in Canada for treating people who are HIV positive. All HIV positive migrants granted entry to Canada will receive a Health Follow-up Handout: HIV Infection to assist them in obtaining medical care in Canada.

What are the five criteria on which the medical officer would base his assessment of admissibility?
The medical officer has five criteria on which to base his assessment of admissibility.
This medical profile consists of a coded series of letters and numbers based on the two principal criteria and the three supporting criteria mentioned above.

The five criteria are:

H - Risk to Public Safety or Public Health

D - Expected Demand on Health or Social Services

T - Response to Medical Treatment

S - Surveillance

E - Potential Employability or Productivity

Under each criterion is a list of descriptive categories. Taken as a whole, the ratings assigned under each criterion form the basis for a legally binding medical opinion regarding admissibility. This opinion is expressed by the symbol "M" at the end of the profile and represents the combined significance of the five criteria. It is indicated symbolically as

M - Statement of Medical Status

Ml No health impairment sufficient to prevent admission

M2 Has a condition for which the degree of risk to public health or safety is not sufficient to exclude admission, but which risk should be considered in relation to other personal and social criteria.

M3 Has a condition for which the potential demand on health or social services is not sufficient to exclude admission, but which risk should be considered in relation to other personal and social criteria.

M4 Has a condition which is likely to endanger public health or safety to such an extent that the applicant is at present inadmissible, but for which the expected response to treatment is such that future admission could be considered.

M5 Has a condition which is likely to cause demand on health or social services to such an extent that the applicant is not at present admissible, but for which the expected response to treatment is such that future admission could be considered.

M6 Has a condition which is a danger to public health or safety and which is not likely to respond to treatment in such a way as to allow admission in the foreseeable future.

M7 Has a condition which could cause excessive demand on health or social services, and which is not likely to respond to treatment. Please note that medical assessment is done on a case by case basis, taking all aspects of an applicant's condition into account. These references should be taken only as general guidelines, not as absolutely applicable in all cases. The Visa Office will tell you in writing if there is a problem with your medical examination.

CANADIAN REFUGE SYSTEM
 

What is a claim for refuge protection in Canada?
A person who has arrived in Canada seeking protection may make a claim for refuge protection, upon arrival in Canada.

Who decides that a person is a refuge or protected person?
Members of Refugee protection division of the immigration and refugee board (IRB) determine whether a person is a convention refugee or in need of protection

What happens when a person is accepted as refugee?
Once a RPD accepts a claim, the person applies for permanent residence within 180 days.

What is a Pre-Removal Risk Assessment (PRRA)?
If claimants receive negative decision from RPD, yet they feel they would be at risk if they returned to their country of origin, they may apply for a risk assessment before removal from Canada.

What rights do refugee protections claimants have?
They can work, study and benefit from the interim federal health program

IMMIGRATION REPRESENTATION
 

Is immigration representation a regulated profession in Canada?
Immigration consultancy is a regulated profession in Canada.

Who can be immigration consultant?
Immigration consultant must be a Canadian citizen and permanent resident.

Do I need Immigration consultant to file my case?
You are not obliged to hire a representative for immigration and refugee matters. However hiring a consultant will ensure your documents are properly prepared in accordance with applicable immigration law. Hiring a consultant will cost you money but it saves time, gives you peace of mind, you will be able to submit an error-free application and avoid delays and possible rejection. A well organized application package prepared by an immigration consultant may help you avoid an unnecessary interview. You will benefit from the wealth of experience, training and knowledge of certified immigration consultant.

Is Olukayode (Kay) Adebogun a certified immigration consultant?
Yes, Olukayode Adebogun is a member in good standing of the Canadian Society of Immigration Consultants. He has the experience, training and expertise to represent you.

How do I know if my immigration consultant is certified to practice in Canada?
Visit the Canadian Society of Immigration Consultants (www.csic-scci.ca) website to verify the identity of your immigration consultants. Any paid immigration consultant not listed on any of these sites cannot represent you in any immigration cases in Canada and abroad? [Site Top]

 
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