Frequently Asked Questions

We have tried to answer some of the most common as well as unique questions about immigration to Canada. 

FAQ's

Browse through an explanation for some of the usual concerns about your immigration applications to Canada. 

Please note, the answers are our point of view and should not be considered as legal alternatives or approach.

If you need professional help, please book a consultation.

Frequently asked questions

Spousal Sponsorship

I applied under Spouse and Common Law Partner in Canada class. We are a married couple but work in different regions of the same province. As such we have to live separately because of the different work areas (about 200 km apart). We do meet whenever we can, but could this be viewed as lack of cohabitation?


It is highly unlikely that the assessing officer will consider the distance as a work restriction. You will need to prove to the IRCC about the genuineness of not cohabiting together. Give as much proof and explanation as possible to make your case strong. The assessing officer may question why the sponsorship wasn’t filed from outside Canada as you are already living separately even if you are maintaining a common address.

Stress on clarification for - What were the reasons for living apart?




I want to apply for Spousal sponsorship while my caregiver application is still pending. I have been on implied status for a year now. What should I mention in the end date for my current country of residence in IMM 0008?    I came to Canada about 2 years ago on a work permit.


Select status as other...and write on implied status. Dates are not needed. Do mention the whole scenario in your letter of explanation and include your application details for your ongoing extension/renewal application with the IRCC.




I applied for PR under CEC, got an ITA, my partners' application for FSW is on hold because they requested more details and issued a PF letter. What should i do? Should i withdraw the application pending PF response?


It's always advisable to clarify any situation that has raised a concern. Withdrawing one applicaiton (any) without giving reasonably acceptable explanation may jeopradise both the applications' outcome. Be honest. Explain what ever it is. Withholding facts or trying to avoid such a situation by way of withdrawal may lead to concerns of misrepresentation.




My partner served a jail sentence for marriage fraud in another country and was subsequently deported from that country after completion of his sentence. Would this cause in my spousal sponsorship application for Canada?


Marriage of convenience is a serious offence. If your partner has completed the full sentence in that country and paid all fines and dues, you should first apply for re-habilitation. Check about the rehabilitation process before applying for one.




I came to Canada on a work permit. And i am now planning to apply for spousal sponsorship with my spouse. Since we have been together, i have not worked for the employer i was originally hired by. Is it better to submit an application for extension of work permit or submit spousal sponorship instead?


Since you have not been working for the employer, you may have difficulty in getting a WP extension even if your employer is willing to apply for an LMIA for you. It's better to apply for spousal sponsorship and work permit because then you will have the implied status to work for your current employer.




I am seperated and have been dating a Canadian citizen for a few years now. Can i apply to come to Canada as a visitor under Exclusive Relationship authorization?


You can apply. But you should provide proof that you are legally seperated if not divorced yet. If you used your marriage as proof of ties to your home country while/if applying for a TRV, you may be held accountable for misrepresentation - which is a serious offense.




I am in a common law relationship. But my partner does not want to apply for Permanent residence in Canada. Can i apply and not include him on my application?


YES, you can chose not to include him on your application. But you still need to declare your relationship. This way, you will be eligible to sponsor him later if he changes his mind. Not declaring him is misrepresentation, and it will affect your own status along with the possibility of not being able to sponsor him in the future.




My partner and I had a proxy marriage last year. Can i apply for spousal sponsorship now that we have got our marriage certificate and other relevant documents proving our marriage is genuine?


Canada stopped accepting proxy marriages as of June 2015. IRCC no longer recognizes marriages conducted this way. Check to see which definition applies best to describe your relationship: Source for below definitions: Canada.ca

  1. You can sponsor the person as your spouse if your marriage is a legally valid civil marriage.
  2. You can sponsor the person as your common-law partner (same or opposite gender) as long as you’ve been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship.
  3. You can sponsor the person as your conjugal-partner if you’ve been in a genuine (real) relationship for at least 12 months where marriage or cohabitation (living together) hasn’t been possible because of barriers such as sexual orientation, religious faith, etc.




I am in Canada on a tourist visa. I already applied for extension to my temporary visa as i plan to get married soon. Can i apply for spousal sponsorship from inside Canada?


YES, for you to apply for spousal sponsorship in Canada, you need to have a valid status in the country. Since you are already waiting for an outcome on your extension application, you are in implied status in Canada. And that's considered a valid status. We would however recommend that you apply for a restoration of status along with your inland spousal sponsorship application. Also, in order to apply for a work permit you'd need to have a valid status in Canada.




Can I have multiple wives in Canada?


All forms of polygamy, and some informal multiple sexual relationships, are illegal under section 293 of the Criminal Code. Bigamy is banned by section 290.





Family Sponsorship

I am a Canadian citizen & want to apply for a Canadian passport for my child who is currently outside Canada. Can the passport be sent to his father in my home country?


As his parent, it's best you apply on your child's behalf and collect the passport with in Canada.




I am am student in Canada on a study permit. I want to file for my spouses open work permit and my childs study permit. In my original application for study permit the details of my children were not included in the family information form by the person who did my application. Would this cause any issues if i apply for my spose and children now?


It is the clients responsibilty to check all details while submitting the application. You may be charged with misrepresentation as you omitted to mention key details about your family members. Misrepresentation doesn't need to be intentional, meaning it doesn't matter who did what. You are still responsible for what was submitted. What you can do now is declare them, provide a genuine explanation, and hope for the best.





Work Permit

I am on a work permit in Canada. It is a closed work permit and valid till 2022, but is LMIA exempt. I was recently laid off and am not working anymore. I want to apply for a PR, what should i do?


Assuming you are part of something like IMP, your best approach would be to look for another job with the same conditions, position and job specifications (NOC as well). Once you find one, you can apply for a change in employer. Since you are LMIA exempt, you have an added advantage.




I have been working in Canada for about 7 years as a seasonal farm worker. The work permit is only issued for 8 months maximum. Can i combine my overall experience and apply under Canadian Experience Class or the Agri Immigration Pilot?


Your experience needs to be 12 months of full-time work and ''non-seasonal''.




I am from a visa exempt country. Can i apply for a work permit at the port of entry if i have a valid job offer?


If you are from the EU and qualify under under 204(a), T43, you may be able to do so. This is specifically for EU citizens. If you are from a non EU country, like Australia/NZ, you may not be eligible for a work permit at the port of entry but can explore the option of a WHV -working holiday visa under the International Experience Canada class.




I finished my course but can not apply for PGWP as the course was not eligible for PWGP. I will not be applying for any more courses as i have an LMIA approved job offer. I want to apply to restore my temporary status in Canada as a visitor and submit a work permit application at the same time. What's the best way to do this in order to maintain a legal status while awating the work permit application results?


Make sure while you apply for a restoration of status as a temporary visitor you include in your application the restoration fee + the work permit fee. If as a foreign national you do not have status, and you apply for 2 different applications, always pay the restoration fee and the fee for the permit you are applying for.




I am a visitor working in Canada on a work permit exemption R186(L), as a priest, can i use my current work experience to apply under Canadian Experience Class?


It is recommended that you convert your visitor record to a LMIA exempt work permit under R205(d). Contact us for more clarification about your case.




My partner works as a live-in caregiver. We applied for spousal sponsorship and were asked to prove the genuiness of relationship since we only live together on the weekends. What can i do?


If you are a live-in caregiver, you will need to prove why you can only go back to your house on the weekends. If this is your job requirement, you will need to prove that it is. Also, you should submit as much proof possible to support cohabitation with your partner. This can be in the form of bills paid by you or both, lease agreements of rent in both of your names, pictures, certificate from the employer clarifying why you can not leave on the weekdays, affadavit from friends about genuinesness of your relationship etc..




I work for a caregiver agency on an LMIA based work permit. The agency pays me to go to their clients' home to provide care. I am not directly employed by the client and not directly paid by the actual client either. My employment and pay is through the agency. Can my experience count towards permanent residence under Home Support Worker Pilot?


NO. The work must occur in the employer's home/house or the employer needs to receive the care at the caregiver's home/house. Working for an agency is not considered as employment by the client as it is not a home/house.




I am inside Canada on a work permit. I applied for Permanent residence and got my AOR recently. Can i add my spouse to my permanent residence application as i recently got married?


YES, you will need to submit the required documents and pay the fees. Applicants are instructed to inform IRCC immediately if their family composition has changed (e.g., birth of a child, marriage, divorce).




I am on PGWP in Canada. I recently had a baby and am now on parental leave. Would i still be considered employed while applying for PR?


You will be considered employed, but the time you spend on your paternity leave will not count towards employment factors.




Can I work in Canada while waiting for my study permit extension?


When you apply for an extension at least 30 days before it expires, you can work under implied status. You will still have to meet the conditions of your original permit. You can not work if your permit expired and you applied for restoration of status and are waiting for an outcome.





Study Permit

I completed my education from a distance learning program. The university shut down there after and there is no way to contact them. How do i prove genuineness of the education credentials while applying for study permit?


You would need to provide enough proof that your education was completed genuinely. Share all documents you received from the university when you enrolled with them. Student ID, fee receipts, course curriculum, details of course and program from the website or brochure. University's accredition and examination roll number or even any information from the local learning centre you attended classes in person at.




Do i need a work permit to do CO-OP work on a student visa?


Try and gain your co-op experince during your summer breaks etc. You will not require a work permit to do so.




I am am student in Canada on a study permit. I want to file for my spouses open work permit and my childs study permit. In my original application for study permit the details of my children were not included in the family information form by the person who did my application. Would this cause any issues if i apply for my spose and children now?


It is the clients responsibilty to check all details while submitting the application. You may be charged with misrepresentation as you omitted to mention key details about your family members. Misrepresentation doesn't need to be intentional, meaning it doesn't matter who did what. You are still responsible for what was submitted. What you can do now is declare them, provide a genuine explanation, and hope for the best.




I got accepted to study in a college and have applied for a study permit. Can i change my institution now?


YES, you can apply to change your DLI. You need to follow proper procedure whether you're inside Canada or outside Canada. Also, check to see if there is any cancellation fee you will be charged from your current DLI. It is your duty to inform the visa post as soon as possible about this change/development.




Can I start working right after submitting my PGWP application?


If you were authorized to work based on your study permit and you qualify to work with a PWGP, you are allowed to work full time once after the PGWP is applied.




I am an only child and currently single (not in a relationship), could this result in refusal of my study premit?


Being an only child and being single is not a ground for refusal. What matters is how strong your ties to your home country are and how well are you able to convince the visa officer that you will return to your country once you have finished your education. Usually, ties to home country are supported by ownership of property, family relations, friends, job opportunities, career advancements based on your education, or for that matter lack of ties to Canada. These are some examples that are mentioned here for better explanation.




I recently got a study permit. Can i apply for a study permit for my child at the port of entry?


Not all foreign nationals can get a study permit at the port of Entry. Please check your eligibility carefully beforehand.




I recently finished my studies and i am awating my certificate of completion from my DLI. How many hours can i work for in my situation?


20 hours per week. Till the time you get a certificate of completion, you are still a student and need to abide by the rules of your study permit. Once you receive your certifiate of completion, you need to immediately stop working. You can resume work, after you have applied for your PGWP.




I have a valid IELTS - G evaluation. Can i apply for a student permit under the SDS with IELTS - G or do i need to have an IELTS - Academic?


YES, you can apply with IELTS - G under SDS. However, please check with your DLI to see if they'd accept it or not. Source : @citImmCanada on Twitter




How many times can i extend my study permit?


There is no restriction on the number of times you can apply for an extension of your study premit. The assessing officer will refer to your case history, the reason for extending, and whether there is a valid reason to approve the extension.




Can I work in Canada while waiting for my study permit extension?


When you apply for an extension at least 30 days before it expires, you can work under implied status. You will still have to meet the conditions of your original permit. You can not work if your permit expired and you applied for restoration of status and are waiting for an outcome.





PR

I did some diploma courses and some volunteer work in the recent past. Do i need to mention about both of them even though the volunteer work wasn't full time or paid work? What about the diplomas? I do not have an ECA for the diplomas as they were just a part of continuous learning.


It's best you mention all your work experience as well as study credentials.




My PR card expired and i want to apply for a renewal as i plan to leave Canada for a persoanl emergency soon. Can i put in an application for renewal of PR card and collect the card upon returning to Canada?


If your PR card expires while you are outside Canada, you will need proper authorization to return to Canada - it's called a PRTD. There is also a question about - meeting your physical presence requirements. Do you? Also, PR cards need to be either collected in person or are only mailed to the permanent resident inside Canada. Your PR card can not be delivered to you outside Canada or to anyone on your behalf inside Canada. If you are not present to collect your new PR card, it may get revoked.




I have travelled a lot and lived in more than 10 countries since i was 18. While submitting my PR application, do i need to provide PCC for all countries i have lived in for over 6 months or can i provide the same for the last 10 years or so because i am not sure if i can get them all?


Police Clearance Certificates are a mandatory requirement of the IRCC. You need to provide a PCC for all countries you have lived in for more than 6 months since turning 18. If you do not have some of them, apply for them as you will need to submit them. If you can't get all of them, at least show proof that you tried multiple times to get one but couldn't and explain the reasons in your LOE hoping for a positive outcome.




I am in a common law relationship. But my partner does not want to apply for Permanent residence in Canada. Can i apply and not include him on my application?


YES, you can chose not to include him on your application. But you still need to declare your relationship. This way, you will be eligible to sponsor him later if he changes his mind. Not declaring him is misrepresentation, and it will affect your own status along with the possibility of not being able to sponsor him in the future.




I have been living outside Canada for 20 years. I left Canada a short while after becoming permanent resident. Can i come back to Canada as a PR even though i have not met the residency requirements?


You are a PR until you renouce it. If you have not renounced it or it has not been revoked, you should apply for a PRTD to be able to enter Canada as a PR. You will however, need to explain why you were outside Canada for such a long duration. If you are issued a PRTD and you return to Canada, you can apply for a PR card once you have met the residency requirements.




I left Canada when i was 5years old and a permanent resident (child). I am turning 23 years old now. Can i still return to Canada as a PR?


You need to apply for a PRTD with a valid explanation for your absence from Canada for so long. But it is advisable to do so before turning 23 years old.




I used the online CRS calculator to check my score. I then created an Express entry profile for immigration to Canada but it now shows my CRS score as '0'. What am i doing wrong?


Here are some pointers: 1. Ensure that you are not ineligible. 2. Make sure you fill in all information accurately and do not skip any section. 3. You will need your language test report along with your ECA credentials to complete your profile. Lastly, just make sure you have the 67 eligibility points to qualify.




While creating my express entry profile I input the wrong NOC. I received an ITA. Can i change my NOC now?


You would need to provide a legitimate explanation and supporting documents for the new NOC. Should the new NOC affect your CRS, you may get a refusal. Also, misrepresentation is a serious offense.





Tricky

I am a religious worker in Canada on a visitor record {R186(l)}. I was recently laid off by my employer. Can i work for any other employer as a religious worker under the same regulation?


As long as you perform the duties that allow you to work on a visitor record under R186(l), you can work for any employer till the time your VR is valid and the employer is aware of the same and willing to hire you.




I submitted an EE profile which is still under process. I am getting married soon and would like to add my spouse to my application. Would doing so result in my points being recalculated?


All family members must be examined as part of the e-APR, whether they are accompanying the principal applicant or not. Family members can be added to the application at any time during the process, including after the visa is issued, but prior to obtaining permanent resident status. Applicants are instructed to inform IRCC immediately if their family composition has changed (e.g., birth of a child, marriage, divorce). Section A11.2 does not apply when an applicant adds a family member to their application after the e-APR; however, the family member will have to be assessed, and the principal applicant must provide IRCC with the Additional Family Information form [IMM 5406 (PDF, 570KB)] and pay the applicable fees online. The applicant still needs to meet the income requirements and is not exempt from that. Source Canada.ca




What are my alternative options to return to Canada without PRTD? - I have been living outside Canada for 20 years. I left Canada a short while after becoming permanent resident. Can i come back to Canada as a PR even though i have not met the residency requirements?


You are a PR until you renouce it. If you have not renounced it or it has not been revoked, you should apply for a PRTD to be able to enter Canada as a PR. You will however, need to explain why you were outside Canada for such a long duration. If you are issued a PRTD and you return to Canada, you can apply for a PR card once you have met the residency requirements. You can come via the Canada-US land crossing (in a private vehicle) if you still hold your CoPR letter. You may be questioned as to why you are returning after so long. Once you are allowed inside Canada, you can apply for a new PR card after meeting the residency obligations.




I left Canada when i was 5years old and a permanent resident (child). I am turning 23 years old now. Can i still return to Canada as a PR?


You need to apply for a PRTD with a valid explanation for your absence from Canada for so long. But it is advisable to do so before turning 23 years old. What about your parents? They may need to renounce their PR status and if you are allowed to return as a PR, they will need to apply for a family sponsorship instead once you get your PR card renewed.




Can I start working right after submitting my PGWP application? My study permit does not mention this condition " May accept employment on or off campus if meeting eligibility criteria, per paragraph R186(f), (v) or (w) and must cease working if no longer meeting these criteria." But I qualify for it. The manuals indicate this condition: "they were authorized to work off-campus without a work permit". But i have not worked at all.


If you were authorized to work based on your study permit and you qualify to work with a PWGP, you are allowed to work full time once after the PGWP is applied.




I recently had Covid-19. Got a clean chit from the doctor too. Would mentioning this while going for a medical make me medically inadmissible?


It is highly unlikely. But, the medical assessment report is what the decision is going to be based upon. It is also necessary that you mention all previous medical conditions while going for your assessment with a panel physician.




While applying for PR, the EE system gave me points for 1 year work experience even though i am a few weeks short. Is this an error? I just got an ITA, what should i do?


Your work experience is calculated based on months and not days. Here's what you need to do: 1. You do not have to decline the invite if you get points before you actually complete 1- year of experience. 2. You need to make sure that you submit your eAPR only after completing the one year of work experience for which you have claimed points.