Canadian Immigration Questions and Answers with Attorney David Cohen

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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.

1. I am a Canadian citizen and want to sponsor my wife for permanent residency through the Spousal Sponsorship Program, but I have been convicted of a DUI. Can I still sponsor her?

Yes, applicants can still sponsor a spouse if they have a DUI on their record.

In general, Canadian citizens and permanent residents may not sponsor a spouse or common-law partner if they have been convicted of an offence of a sexual nature or have been convicted of an offence involving the use of violence.

If they have been convicted of a violent or sexual offence, they can still sponsor their spouse or common-law partner as long as five years or more has elapsed since they completed their sentence.

For more information, read our Criminal Inadmissibility to Canada FAQ. If you have a question that is not on this page, please send your question to [email protected].

2. I am an Indian citizen applying for a work permit. Do I also need to apply for a visitor visa?

Citizens of certain countries require a Temporary Resident Visa (TRV), or more commonly known as a visitor visa, to enter Canada. When a citizen from a TRV-required country applies for a Temporary Work Permit from outside of Canada and the Work Permit is approved the TRV is automatically approved as well. There is no need to apply for the TRV separately.

3. Do we need to have valid IELTS results when we apply for Express Entry or can we submit expired results and then submit new results at a later date?

A valid language test is required before a candidate completes an Express Entry profile. When creating the Express Entry profile, all the information related to the IELTS language test must be submitted. Applicants also need to make sure that they meet the minimum language threshold in order to be eligible for the program.

The language test results must be also valid (written in the last two years) when an application for permanent residence is submitted. If they expire, applicants should retake the test and provide the Canadian immigration authorities with valid results.

Otherwise, their application will be rejected as incomplete or may be refused.

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