Frequently Asked Questions

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1.Q: Dear Mr. Laforce. How long does it take to have a visa approved for permanent residency? I'm applying from Delhi.
A: It depends when you filed. Based on today's time-lines, most applications for skilled workers, if prepared by a licensed professional, will take about a year to process if you applied after February 2008. If an interview is required you may want to add a month or two. Whether you're applying from Delhi or London or in the US, however, should not make a difference from a time-line perspective if you applied in new Federal skilled worker process. Under the "old system", pre 2008, the time-line will vary tremendously from where you applied but probably not from India; especially if you applied in the Middle East or Africa. In pre-2008 cases, I like to review the case with my clients to determine if a second application is worthwhile. (Hint: It often is.)

2.Q: Hello Marc - I have an interview invitation in India but I live in the US with no status. If I leave for my interview, I won't be able to return to the US and I'm not sure I'm willing to take that chance. Can I ask CIC to have the interview in the US?
A: Asking CIC to "move" the interview after receiving your invitation is a clumsy and reaction-based strategy. What I would have done is to request that the interview be made in the US at the time of filing in a proactive manner. Regardless - it is not easy to "pick" your interview and you will need a valid reason for it so as to not compromise the integrity of the adjudication process. Your situation, however, is a typical dilemma for out-of-status applicants: While Canada doesn't, in theory, negate your application for being out-of-status, there's a host of challenges to succumb when a Client is no longer lawfully living in his host country. My suggestion is to discuss your situation with an immigration practitioner very carefully - outlining the pros/cons of each option. In a nutshell, what you end up doing will depend on the strength of your case, your income (job) and most importantly the impact on your children.

3.Q: Dear Mr. Laforce - I filed my application to the Alberta immigrant nominee program (AINP) under the US Visa Holder Class back in May last year and I still haven't had an answer aside a confirmation letter. Is this normal?
A: I'm afraid that is normal. I'm not a big fan of the AINP-US Visa Holder Class because it is fraught with mystery and subjectivity (as opposed to transparency and objectivity) and contradiction to. Consider using a bell-curve approach to this program where only the "best" applications are approved (relatively quickly) as opposed to a the Federal 67-point assessment system where positive and negative decisions are made on a uniform basis. If your application is just "average" vis-a-vis the others, chances are that your application will be on standby until the price of oil goes hits $100 a barrel again. Stated differently, if you just filled the forms and provided the program with the basic attachments like your diploma, a resume and a couple of W-2 with an employment verification letter, chances of getting quick approval is very slim. I would recommend that you "upgrade" your application or find another (and better) strategy to getting to Canada.

4.Q: Dear Mr. Laforce - I have a question regarding settlement funds. Canada says that I need $CAD 13,100 in liquid or cash assets to immigrate. Right now, I got $5000 but I can borrow money from friends and family to cover the rest. Is that OK or will CIC be suspicious because my bank statements in previous months are very low?
A: Gifts are viewed differently in different jurisdictions, namely in Quebec, but it looks like you applied for the Federal program. If this is the case, I would prefer you try to borrow money from your parents as the Federal government will view this as acceptable and indeed normal. Regardless of where the money came from, I would declare where the money came from with a statement that it was lawfully obtained. You should also note that the settlement funds have been revised a bit this year to account for inflation. Click here to view the new published settlement funds for 2010.

5.Q: Dear Mr. Laforce - I'm a bit upset at Canada and I will tell you why. I applied in the US for a student visa but was denied because I was out of status. So I moved to India and applied from there and they denied me again because they said I didn't have enough ties. What should I do? Can I appeal or should I give up?
A: Being out-of-status in the US is not, by itself, sufficient grounds to deny your student application. But out-of-status applicants should always approach a licensed practitioner because Canada will give you a hard time about it and you will have no room for error. Your application has to be flawless and you have to come clean about why you lost status and why it won't happen in Canada. There's a way to do it and it should work if you back your claims! Once you have a denial on file, it is always harder to overcome some of the stigma that follows a denied application. It is possible that the Canadian High Commission office in Delhi just denied you without objectively reviewing your case on the count of the US denial. I see this all the time and it is frustrating. Without knowing your case, I suspect that you applied in India but your family members are still in the US. With no job in India and no immediate family support apart from uncles and aunts and grandparents, CIC is probably not convinced that you will return to India when your studies are completed. I think your mistake was underestimating the impact of your US status would have on your first application.

Unfortunately, there's no regulatory body like the Immigration and Refugee Board (IRB) that can legally process an appeal for this visa class. You can technically sue the government under a processed known as "Judicial Review", but until a judge quashes or revokes a decision, the denial will be stayed (remain in effect).

6.Q: Dear Mr. Laforce - Please don't take this personally - but why do I need you or a lawyer to file my application. The CIC forms seam pretty straight-forward?
A: I'm not offended by your question and I think it is a very valid remark. Knowing what value your representative brings to the table is a fundamental question that I hope all our customers ask before signing an engagement letter with our firm. Let's start with the easy and obvious cases when hiring a representative makes sense. If you have a tarnish on your record such as a theft or DUI conviction, you will definitely need a professional so we can address admissibility. That's a given. If you lawfully (or unlawfully) entered the United States but are now out-of-status and wish to file to any visa post including your country of nationality, you will need an experienced professional to manage the interview process and to explain why you got out of status. While out-of-status applicants are permitted to file an application, CIC definitely doesn't want to see you being out-of-status in Canada. To overcome CIC suspicions, you will have to file a flawless application so that Canada is comfortable that this won't happen again.

But what about if you are applying for the Federal Skilled Worker stream - do you need a professional for that? I would say "yes" on two counts. First, there's a 25 percent chance that a visa will be returned if not completed by an immigration practitioner due to some missing or incorrect entry on the forms or attachments. On a best case scenario, a returned application will delay the process by two months (out of about twelve). Worst-case scenario - application denied and you have to start with a new application. Secondly, there are a number of subjective interpretations in the visa process and an experienced guide will be able to decipher the intertwining requirements with a clear and appropriate submission. The duties of a "category one" occupation are particularly critical because they define if you are eligible to apply. This process also happens to be very subjective and you will need an experienced professional to produce proof that your occupation meets the eligibility test. The bar is set particularly high for "IT Managers" (NOC 0213); particularly from India because most of them are not IT Managers but more like "team leaders" with programming or system analyst skills. Other very difficult occupations include chefs and cooks, electricians, construction managers, financial managers, auditors and accountants and college instructors. If you fit in any of these categories, my advice is to hire a licensed professional.

Does one need a certified practitioner or lawyer if filing a student application from a good public post-secondary learning institution in your country of nationality? I don't think so. In fact, your school advisor will be able to guide you.

7.Q: Dear Mr. Laforce - I'm from India but speak perfect English. Why does CIC want me to pass an English test? Can I submit my TOEFL from 2 years ago - the one I used from my US petition?
A: If your English is "perfect" - pass the IELTS test. CIC will be impressed by a perfect score because they are rarely given. We can give you directions and test dates closest to you upon contacting our firm. The process of waiving your test is infinitely more cumbersome than taking an afternoon off to sit an exam. And unless you attended high school in the UK, the US or Australia/NZ, your motion to waive the test is likely to be denied and you will have wasted precious time. I recommend it for all my applicants including my American friends. TOEFL is not used for Canadian immigration. If you're in Canada, you may use IELTS or CELPIP. If outside Canada, use IELTS. Test results are valid for one year. (The expiration date I find very strange because it is rather difficult to forget your mother-tongue.)

8.Q: Dear Mr. Laforce - I read an advert that you can obtain permanent residency in Canada for making a $120,000 investment and you don't have to manage anything (passive investment). Is that really true? What's the catch?
A: Well - there is a slight catch. To qualify for the programme, you need the prove that you lawfully obtained the equivalent of $CAD 800,000 in net assets after liabilities and debts. If you happen to own a $1 million home in Dallas, $100K in stock, and a savings account with a $50K balance, but have a $400K mortgage, you don't qualify. ($1000K+$100K+$50K-$400K=$750K) If you happen to have inherited your father's property in Punjab and it is worth $1 million and you own a $400K house in Dallas with $300K in mortgage, you qualify. ($1000K+$400K-$300=$1100K) And you will need to meet a number of other relatively minor requirements as well.

There's also a catch with respect to the investment. It's not an investment but more of a "walk-away" loan and you will never see that money again. But at the end of the day, if you meet the asset test and a couple of other requirements which we don't have the space to put in plain words, you can buy your permanent residency card for $CAD 120,000. Make sure you have a qualified and experienced practitioner to help you with this option as the paperwork can get very complicated.

9.Q: Can you file more than one permanent resident application at the same time to hedge your bets?
A: Generally you can and our office does this all the time for applicants who are in a hurry. Whichever says "yes" first - goes - and we'll retire the second one when the applicant is in Canada with his visa. If we're lucky, we may be able to get a partial or full refund on some of the government fees depending where the second application is at in the process. (But government refunds, aside the RPRF fee, are altogether rare.)

I rarely file concurrent applications as a hedging strategy unless the odds of success in both are relatively low - i.e. lower than 85 percent. While there's some degree of subjectivity in the visa process, some more than others, I generally have a good idea of what the probability of success would be for each stream upon knowing the particulars of a Client's situation; and I like to file one application to the programme that has the best odds of success. However, some clients prefer a programme that has a lesser chance of success over another higher chance programme and in these situations we'll agree to file both as a hedging strategy.

Finally, some programmes explicitly prohibit dual filings if the second application is also that of a provincial nominee. I'm not a big fan of dual provincial filings because it contradicts at least one statement about your intent to settle in that province. My preference with respect to provincial applications is to sit with the Client and get his agreement on one provincial filing; hopefully the best one in terms of likes, time-frame and probability of success.

10.Q: Dear Mr. Laforce - What do you think of the Federal entrepreneur programme and what is the processing time for that?
A: Avoid it at all cost - it is a low priority programme and I believe CIC has come to the conclusion that the provinces have better and faster ones. And I would concur to that statement when you consider that the average time it takes for a Federal entrepreneur visa is five years. If you have anywhere between the equivalent of $CAD 300,000 and $CAD 400,000 in net assets after liabilities (such as mortgage or loan), and you're prepared to hire at least one full-time Canadian or permanent resident other than a member of your family, you may be able to secure a Canadian "Green Card" under one of five excellent entrepreneur programmes. But do make sure you retain a licensed representative and these "business class" visas are complex and involve a lot of paperwork. The average processing time of a provincial nomination under the entrepreneur class is between one and two years, depending on your particular case and the province.