Set out, bellow, is a list of commonly asked questions that Barrister Mesbahul Islam receives on a daily basis from existing and prospective clients around the world as well as the answers to those questions, which may prove helpful to you:

What is the new law Budget Bill C-50?

• The aim of the changes is to modernize Canada 's immigration system, reducing wait times and backlog of applications

• Under the new law (Bill C-50) applications can be processed within 6 to 12 months.

• Application received on or after 27th February 08 could be get benefit of 6 to 12 months if the occupation is in demand in Canada

The new law is intended to stop the growth of the backlog of applicants so that, ultimately, people who want to come to Canada receive a decision within 6 to 12 months and to modernize the immigration system to respond to Canada 's labor market needs, reduce wait times for new applicants, and reduce the backlog of immigration applications. The budget allocates $109 million over five years to help meet these goals.

With this funding, CIC has begun recording occupational information for applications in the current skilled worker backlog. The Department will be referring applications of interest to the provinces and territories for possible processing under the Provincial Nominee Program. CIC is also working toward increasing capacity and efficiency in missions with the largest backlogs, centralizing the receipt of applications, and reconfirming the intentions of applicants facing the longest wait times.

“The changes to Canada 's immigration law allow us to bring to Canada more quickly those immigrants with the skills that match Canada 's labor market needs,” said Minister of Citizenship & Immigration Canada. “We are now consulting to make sure we accurately define those needs. This will help our economy and help newcomers better support their families.”

How to proof of Language Proficiency?

There are two ways to provide this proof. Choose one of the options below to establish your proficiency in English and / or French:

Option 1: Take a language proficiency test from an approved organization i.e. IELTS for English and TEF for French

Option 2: Establish your proficiency levels through a written explanation and supporting documentation

Note: You must provide conclusive proof of your language skills. CIC strongly recommend that you take an official language test if you are claiming skills in a language that is not your native language.

Is there a Processing Fee that must be submitted with the application?

Please note that there is a Government processing Fee that must be paid when you send your application to the visa office. Processing fees must be paid for principal applicant and all accompanying family members at the time of immigration application to Canada

Is there any way to obtain interview waiver?

Generally, an interview would be conducted to ensure the accuracy of the information submitted. However, interview waivers are granted at the discretion of the immigration officials. So, there is never a guarantee of an interview waiver. But a thorough and accurate presentation of application increase chances of obtaining an interview waiver

How long have to stay in Canada to maintain permanent resident status?

As a permanent resident, you may leave and re-enter Canada as often as you wish, as long as you physically present at least 2 years (730 days) of each five-year period in Canada i.e. you can be absent from Canada 3 years out of every 5 year period for any reason. In certain circumstances permanent residents, including accompanying family members, are allowed even longer absences. But once you are Citizen of Canada, there is no residency obligation

 

Is it possible to include parents and brothers & sisters in the application for permanent residence in Canada as accompanying dependents?

Only spouses/partners and dependent children can be included on an Application for Permanent Residence in Canada as accompanying dependants. Parents cannot. You may, however, be eligible to sponsor your parents to immigrate to Canada as Members of the Family Class after you become (once you are residing here as) a Canadian permanent resident and meet low income cutoff requirements as established by Citizenship and Immigration Canada officials.

How long does the application process take?

Processing times will depend on:

1. the Canadian visa office through which you intend to apply for Permanent Residence in Canada ;
2. whether an immigration interview is deemed necessary in your case;
3. the complexity of your case;
4. how well your case is presented; and
5. the existing caseload in a Canadian visa office at a given time.

Nobody can promise you a specific processing timeframe and any lawyer/consultant that guarantees processing times is being less than truthful with you. Lawyers/consultants can give estimates; however, they CANNOT guarantee processing times as processing times are ALWAYS subject to change WITHOUT advance notice.

Do not choose a lawyer / consultant on the basis of how quickly they promise your case will be processed. Rather, choose a law firm that you feel will be competent to prepare your case correctly and expeditiously and be attentive to your needs.

Is there a benefit to using a Barrister & Solicitor for immigration to Canada ?

Yes, there is. Even though Citizenship and Immigration Canada permits you to submit a Canadian Immigration Visa Application on your own, statistically, your chances of succeeding are increased if a qualified Canadian immigration lawyer represents you. Moreover, a perfected application will, in many cases, shorten the immigration process, allowing you to obtain your Canada Immigration Visa faster.

Is it possible the visa for permanent residence in Canada extended once issued?

Permanent residence visas cannot be extended once issued. If you do not use your visa within its validity, you must re-apply for immigration to Canada . The validity date is based on the earlier of : (a) your or your family members' passport validity dates; or (b) the medical validity dates ( medical examination results are valid for 12 months ).

How to become a Citizen of Canada ?

You will be eligible for Canadian Citizenship only after three (3) years of being a permanent resident of Canada . As Canada recognizes dual-citizenship you may be able to retain the Citizenship of your homeland

How to get points under ‘Arranged Employment'?

There is specific procedure to get the arranged employment in Canada . If you only arrange a job offer from a Canadian employer (i.e. informal job offer) that is not enough to get points under the factor. The full-time job offer must be confirmed by Human Resource Development Canada (HRDC) and if there is an efficient employee for the job found in Canada HRDC will never confirm the offer.