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. Dear David,
My parents have been approved for Super Visa to Canada and coming next month. They have bought one way ticket to Canada. I would like to ask if it’s a requirement to buy return ticket for this kind of visa. Because return date for them is not decided yet as they are allowed to stay up to two years. Thank you

Individuals who have been approved to come to Canada with a Super Visa are not required to have booked return travel before landing in Canada. However, the government of Canada states that ‘You must be a real visitor to Canada who will leave by choice at the end of your visit.’

An officer will look at these things when assessing a Super Visa application:

The applicant’s ties to his or her home country;
the purpose of the visit;
the applicant’s family and finances;
the overall economic and political stability of the home country; and
an invitation from a Canadian host.

Individuals who have obtained a Super Visa have satisfied the officer that they will leave Canada by choice at the end of their visit.

2. I was rejected Canadian permanent residence visa on health issues. There was a problem in both of my kidneys. Now I have been in good health as I have undergone a kidney transplant. Can I apply again?

Individuals who are eligible for a Canadian immigration program and who are in a position to submit an application for permanent residence may do so, even if they have previously been rejected on medical grounds. Applicants may be denied a Canada permanent resident solely on medical grounds, if:

Their condition would endanger the health or safety of the Canadian population at large; or
Their admission might cause excessive demand on existing social or health services provided by the government.

Therefore, individuals who have previously had an application rejected on medical grounds may have a later application approved, as long as they can satisfy the visa officer assessing the application that they do not pose a health and safety threat and that they would not cause excessive demand on existing social or health services provided by the government, which can include cost of medications required to keep them healthy. In general, the past 10 years of an applicant’s medical history is reviewed. A letter from the applicant’s physician attesting to the health of the applicant may be submitted along with the application.

3. Is the open work permit pilot program for Inland spousal/common-law sponsorship still in effect?

Yes, this pilot program, which was first introduced in December, 2014, is still running. This pilot program allows spouses and common-law partners of Canadian citizens and permanent residents to be granted an open work permit while their inland sponsorship application for permanent residence is being processed.

Inland sponsorship is a type of spousal sponsorship available to couples who are already living together in Canada where the spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor.

Learn more about the Inland Spousal/Common-Law Partner Sponsorship: Open Work Permit Pilot Program.

If you would like your general immigration question to be featured in our newsletter, please email your question to qna@canadavisa.com.