Canadian Immigration Questions & Answers with Attorney David Cohen

Every month, Attorney David Cohen will answer a few general Canadian immigration questions submitted by our readers. Here are this month’s questions and answers:

I just heard my application to the Immigrant Investor Program will likely be returned. What should I do now?

For now, you should wait for more information about how your application may be affected by the proposed changes to the Federal Immigrant Investor. As you are aware, the government has proposed a law which would eliminate the current program and give the Immigration Minister the power to terminate any application made before February 11th 2014 which has not yet been finalized by the visa office. However, this proposal has not yet become law. More information about how the changes will be implemented will be available once the proposed law has been passed.

Is there a penalty if I land in a different province than the one I list on my immigration application?

If you have applied under an immigration program administered by a Canadian provincial government, such as the Quebec Skilled Worker Program and the Provincial Nominee Programs (PNPs), you have been selected based on your intention to settle in the province to which you have applied. If you do not land in that province, you may be questioned about the truthfulness of your declared intention to settle there. In a worst case scenario, you could be accused of having misrepresented yourself in your initial application, which could cause you to lose your permanent resident visa.

If you have applied under a Federal immigration program, such as the Federal Skilled Worker program or Canadian Experience Class, your obligations are different. The Federal programs do require that you intend to settle in a province other than Quebec, but do not require you commit to a particular province.

All permanent residents enjoy freedom of movement as provided for in Canada’s Charter of Rights and Freedoms. Freedom of movement means the right to take up residence and pursue your livelihood in any Canadian province. Please keep in mind that while your choice of immigration program may dictate the province where you initially settle, it should not restrict your freedom of movement once you are a permanent resident.

I am getting by documents translated for my immigration application. How will I prove that they are certified translations?

A certified translation is prepared by a professional translator, generally a person who is accredited by a professional organization or governmental body. The translator will sign or stamp the certified translation and include information which allows the reader to verify his or her credentials as a translator. When you look at a certified translation, you should be able to quickly identify who made the translation and be able to contact that person for proof of their credentials if necessary. In general, Canadian immigration offices will not accept certified translations which were prepared by close relatives of the applicant.

I will be working in Canada temporarily. Can I bring my housekeeper/nanny/or other domestic help along with me.

There are several options for bringing your domestic employees with you to Canada, depending on your own status in Canada. Here are some popular options:

- If you are coming to Canada on a short-term basis for business purposes and will not be taking up employment in Canada, you may be considered a business visitor. In this case, your housekeeper, nanny or other domestic employee may accompany you and continue to work for you during your visit to Canada if the employment is full-time. Typically, the business visitor category does not apply to people who stay in Canada for longer than six months at a time. Your employee must meet the general requirements for entry as a visitor, including obtaining a temporary resident visa (TRV) if needed.

- If you are coming to Canada as a member of a diplomatic mission, a consular staff member, or an employee of certain international organization such as the United Nations, you may be able to bring your domestic employee with you to Canada. In this case, you should contact the Department of Foreign Affairs Trade and Development for information about how to obtain documentation for your employee.

If you would like your general immigration question to be featured in our newsletter, please email your question to QNA@CICNEWS.COM

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