Canadian Immigration Questions and Answers with Attorney David Cohen

Every month, Attorney David Cohen will answer a few general Canadian immigration questions submitted by our readers. These questions cover immigration programs, eligibility, processing, language requirements, investing in Canada, landing, admissibility, studying in Canada, working in Canada, and much more.

Here are this month’s questions and answers.

1. My son is a Canadian citizen and married an Indian girl. He has already submitted his spousal sponsorship application. The normal processing time for PR for spouse from Indian is around 18 months. While this is under process, can she apply for a temporary visiting/tourist visa.

Yes, your daughter-in-law can apply to visit Canada with a Temporary Resident Visa (TRV) while the spousal sponsorship application is in process. Dual Intent refers to the concurrent processing of an application for permanent residence and an application for temporary status, therefore demonstrating the intention to both reside in Canada permanently and only temporarily, at the same time. This is perfectly acceptable as long as the individual intends to leave Canada at the end of the temporary visit. The government of Canada’s Immigration and Refugee Protection Act (IRPA) precludes denying an application for temporary status solely on the basis that there is an outstanding permanent resident application under a Family Class program, such as spousal sponsorship.

2. Hello,

I have been in Quebec for 3.5 years as a PhD student. I’d like to know if I am eligible to apply for permanent residence before my education is finished. Are there any special conditions or advantages for PhD students?
I really appreciate your time and attention.

Canadian immigration through Quebec may be possible, in your case, through the Quebec Skilled Worker Program (QSWP) or the Quebec Experience Class (Programme de l'expérience québécoise, or PEQ).

While the QSWP is not open to most international candidates at this moment, you may be cap-exempt if you have a certificat d’acception du Québec (CAQ), which you have because you presumably hold a study permit for study in Quebec, and you have been lawfully admitted in Quebec for a period or consecutive periods totaling at least one year.

For the PEQ, if you are pursuing a course of study at a designated educational institution in Quebec, you may submit a request within six months before the end of your course of study. Processing of the application will be completed only when confirmation of completion (in your case, a Doctorate) and final transcripts have been received. For the PEQ, you must also demonstrate an advanced intermediate knowledge of oral French.

3. If you submitted an Expression of Interest (EOI) for FSW immigration to Canada, and you are found ineligible at the first instance, can you resubmit after you have improved your eligibility factors?

Yes, you may resubmit a profile once you can prove eligibility for one of the federal economic immigration programs processed through the Express Entry selection system. You can become eligible by proving increased language proficiency in English and/or French, gaining additional work experience, or completing an additional level of education.

There are no penalties for having submitted an ineligible profile the first time around and subsequently submitting an eligible profile, as long as the information contained therein is factually correct.