Immigration News


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Jurisprudence: Procedural Fairness

BETWEEN: – WEN JIE HUANG, (Applicant) – and – THE MINISTER OF CITIZENSHIP AND IMMIGRATION, (Respondent). REASONS FOR ORDER HEALD D.J.: [1] This is an application for judicial review of a visa officer’s decision dated September 9, 1996. By that decision, the applicant’s application for permanent residence was refused. FACTS [2] The applicant applied for […]

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Q & A: Inclusion of Future Spouse

Q. “My landing date for Canada P.R. is coming. I want to apply PR visa for my fiancee(we are going to get married pretty soon). I can either apply a Family Member PR after landing or inform Canada General Consulate to add my wife as a dependent to get a new visa before landing, which […]

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Q & A: Is CCPE assessment still mandatory?

Q. “The new application kit (published Feb,98) for Independent Applicants does not ask for an assessment by CCPE for engineers. I checked “Appendix C: Checklist for Independent Immigrants” section. This assessment used to be a required document before. Is this still required? If ‘yes’ .. does “Engineering Physicist and Engineering Scientist”(NOC 21483) have to do […]

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Q & A: NOC Classification

Q. “…what would Computer Software trainers be classified as in the job classification, and is there scope for people like us to work in Canada presently. My wife and I both trainer the Microsoft Office suite, E-mail / internet, various email packages and organizers as well as the lotus smartsuite. My wife has also worked […]

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Citizenship Policy

Other than Exceptional Circumstances, a citizenship applicant must have accumulated three years (1095 days) of physical presence in Canada in the four years preceding the date of application. Exceptional Circumstances: An applicant may be absent from Canada and still maintain residency for citizenship purposes in certain exceptional circumstances. In assessing whether the absences of an […]

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Q & A: Inclusion of a Fiance(e)

Q. I am about to be engaged next month and would like to apply for my fiancee too so that we can possibly undergo medical/interviews/landing etc together. Answer: If you be married prior to the conclusion of your application, it would not be a problem to have your future spouse included in the application as […]

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Q & A: Medical Condition of a Dependent Applicant

Q. A dependent daughter has been diagnosed with Polio. She has problems in both of her feet. Other than that she is smart and doing well in school. What would be the impact of such a condition on the application. Answer: The medical officer’s handbook does not provide any specific information on Polio. The legal […]

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Operations Memorandum

Title: Software Development Workers: Pilot Project / Effective Date: January 30, 1998 / Expiry Date: March 31, 1998 Extensions and Amendments to Temporary Employment Authorizations issued to workers doing jobs fitting within the job descriptions of the Software Development Workers Pilot Project PURPOSE This message is to revise the direction, … dated May 5, 1997, […]

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Jurisprudence: On the Job Training

[1] This application is for the judicial review of a decision of Irma Roa, a Visa Officer at the Canadian Consulate General in Los Angeles, California, dated April 23, 1997 wherein the applicant’s application for permanent residence in Canada was refused under the Independent category as a chef-cook or cook of foreign foods. [2] The […]

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Q & A: Substitute for Letter of Reference

Q. If experience letter required for canada in not available a kind of Affidavit will work or not? Answer: In cases where letters of reference are not available, any other supporting documentation should be provided. Although affidavits may help, more officials documents such as contracts, pay stubs, letters of appointment, etc. may be better.

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Q & A: NOC and GOL

Q. “What is relation between gerneral occupation list and NOC?” there are some occupation on NOC but not list on General occupation list. Answer: The NOC defines and delimits the occupations which are considered open for immigration to Canada in the skilled worker program, those which appear on the General Occupations List.

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Q & A: Definition of Applicant within Jurisiction

Q. I am an Indian national staying in UK. If I apply from UK, would I be considered as a priority candidate or offshore applicant? Answer: If you are normally resident within the UK at the time of submission of your application, your case should be treated as within the office’s jurisdiction. Where documentation must […]

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Q & A: The Selection Interview

Q. I have applied as a “Computer Hardware Engineer” I am getting ready for the interview to be held on Jan 21st, 98 at Damascus Syria. I am worried about the question they are going to ask. I got my degree 4 years ago, do they ask a lot of questions from the books I […]

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Quality Assurance Interviews

“In order to assess the integrity of the interview waiver policy currently in place at the Regional Processing Centre, the Buffalo … office will be conducting a series of quality assurance interviews of cases selected from the pool of applicants whose interviews were waived. Approximately 10% of the waived cases will be selected randomly for […]

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Immigration Report Card – 1996

1. PROCESSING TIMES: 21 months because of workload and officers, targets etc. 2. ONE STEP PROCESSING: is still required in Manila – Manila has independent kits and family class kits, but no business kits, therefore use the Ottawa business kit. 3. PROCESSING OF OFF-SHORE CASES (INCLUDING PRC CASES): they neither encourage nor discourage them. Off-shore […]

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Q & A: Imported Requirements?

Q. I have been working for an international company in China as an Executive Secretary for 4 years. I have two university degrees, one is English and one is International business. I applied under the category of Executive Secretary. During my interview, the officer told me that I had to have some formal secretary training […]

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Q & A: Failed Visitor Visa Application following Refugee Application

Q. Following a failed refugee application, I have been refused an extension of my student authorization on the grounds of tendency to immigrate. Is this justified? Answer: A student authorization is essentially a visitor visa, with authorization to study. To be approved as a visitor, an immigration official must be satisfied that the applicant does […]

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Q & A: Opening a Business as a Skilled Worker Applicant

Q. Could anyone please tell me, if it is possible to come to Canada as ‘Independent Immigrant’ and get a business license (software development). Answer: You may create and operate a business in Canada, despite acceptance in the skilled worker program. It should be noted, however, that an intention to operate your own business is […]

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Q & A: Supporting Documentation

Q. If one cannot obtain a Reference letter from his X- company from few years back, Can He send a copy of the letter he had received at that time. Answer: As a general rule, yes. The document should contain the information requested by the IAPC, however. In a recent implementation of new policy at […]

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Business Cases Submitted in the USA

Effective December 1, 1997 all business category applications (entrepreneur, investor and self-employed) to be processed in the United States must be submitted at the Regional Program Centre in Buffalo. Commencing December 1, all initial processing will occur in Buffalo (file creation, paper-screening, records checks, document referral, etc.). If an interview is required the application will […]

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Immigration Report Card – 1996

Immigration Report Card – 1996 IMMIGRATION REPORT CARD – 1996 COMPONENTS PLANNED LEVEL ACTUAL LANDINGS %DIFFERENCE* IMMIGRANTS Immediate Family 47,000 – 51,000 43,149 -15% Parents and Grandparents 31,000 – 34,700 24,417 -30% Total Family 78,000 – 85,700 67,566 -21% Skilled Worker 66,500 – 73,000 97,219 33% Business 18,000 – 20,500 22,363 9% Prov./Terr. Nominees 1,000 […]

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Q & A: Application While out of Status

Q. Does being out of Visa Status in the US have a negative effect on a canada PR application? Answer: Immigration policy manuals state that the status of the applicant in the country from which the application is submitted should not affect admissibility. There has, however, been at least one case where an applicant was […]

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Q & A: Multiple Intended Occupations

Q. Can I apply the independent PR for the more than one intended occupations? For example, I have sent the two self-assessment sheet of 2 computational occupations (mini/micro-computer specialist, and the programmer of engineering and scientific), for the immigration officer evaluation. Can it be acceptable? Answer: If you have experience consistent with two intended occupations […]

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