Certain aspects of Canadian immigration clarified by Attorney David Cohen

1. Can an individual having open work authorization and a Common-law partner of an overseas student in Canada apply as the principal applicant?

A. Yes. A Common-law partner can be the principal applicant for a Canadian Permanent Residency. However, there are certain aspects that need to be given a thought.

It is crucial that both the partners first assess their eligibility for diverse immigrant programs in Canada. The reason is that there are diverse immigrant programs, for instance, the Express Entry scheme managed by the federal government as also programs managed by the provinces such as the provincial nominee programs and Quebec’s program for immigrants.

A particular pathway to permanent residence could be suitable to a couple depending on the circumstances and their individual credentials. In fact, both the partners can create an Express entry profile and tag each other as accompanying partners. This can provide many advantages and better exposure to PNP categories that are allied with the Express entry scheme.

2. If I have a CRS score of 436 and receive an invitation to apply based on this score and during the processing period of 16 weeks I have my birthday, will I get a Canada PR in this eventuality after my scores get reduced below the threshold?

A. An Express entry applicant who has received an invitation to apply may have his/her birthday after receiving the ITA. The age might get changed prior to submission of the application for Permanent residency or prior to receiving the confirmation for permanent residency in Canada. Luckily the Canadian government has framed a public policy that excludes express entry applicants from age criterions, quotes CIC News.

This is applicable for the period between having received ITA and confirmation of permanent residency. In case this policy was not present, it could have adversely affected the CRS scores of respective applicants who have received the ITA and are anticipating confirmation of application for Canada PR.

Thus age is not a factor to be worried after ITA is received by the applicant.

3. Does Electronic Travel Authorization authorize an individual to make frequent visits to Canada?

A. Yes. Immigrants who possess ETA are authorized to make multiple visits to Canada. The validity of an ETA is for a period of 5 years from the date on which it was issued or for any one of the below period if they occur prior to the 5 year validity period.

• The expiry date of the applicant’s passport or travel documents,

• The date on which the cancellation of ETA occurs, or

• The date of issue of new ETA to the applicant

As long as the individual possessing the ETA remains eligible to arrive in Canada, he/she is authorized to make frequent visits to Canada during the period of the validity of the ETA.

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