Immigration Newsweek
By Atty. Henry Moyal
U.S.A. AND CANADIAN PERMANENT RESIDENCE APPLICATIONS CAN BE FILED AT SAME TIME
Q. I live in New York and I have visited Canada several times. I am in the process of applying for my USA greencard but I am worried that it may take too long leaving me with nothing at the end. Can I apply for Canadian permanent residence at the same time as my pending greencard application?
A. Yes, there is nothing in the law that stipulates that you cannot apply for permanent residence in Canada if you have a pending immigration case in another country. Regarding the timing, it is something you will need to decide for yourself. Meaning, on average a permanent resident application takes approximately 12 months. I do not have the specifics of your greencard case. If you obtain Canadian residence and the greencard application is still pending you will need to find out from the USA immigration authorities what will happen to the application.
Q. I arrived in Canada a few weeks ago. I consider myself to be highly educated and an asset to any company. I am planning to relocate to Canada and I have been in contact with some companies who are interested in hiring me. They have stated that they will employ me but only if I have a work permit or if I am a permanent resident of Canada. On the other hand, my elderly aunt requires a full time caregiver and some people have told me that I should just apply as a caregiver. Can I obtain a work permit while I am a visitor?
A. There are several issues here. Firstly, let’s tackle the caregiver option. Do you have caregiver training? The regulations require you to have at least six months of training as a caregiver. If you did not obtain that training prior to your arrival then it is unlikely that you will be able to obtain that training in Canada unless you obtain a student visa. Be careful and do not attempt to obtain the caregiver training as a visitor (without a student visa) because it will not be acceptable when you apply as a caregiver. Assuming you have the caregiver training and you are qualified as a caregiver, it is possible to obtain a work permit while you are a visitor. It will require some strategy and good timing but it possible by extending your visitor status and simultaneously applying for the work permit in the USA. Let’s now explore the job offer at the company. It is a common dilemma: how can the company hire you unless I have a work permit but the work permit can only be obtained with the assistance of the company. There a different types of job offers. Some lead to permanent residence and some lead only to a work permit. Each has its own criteria but each will give you a strong boost and added points on a permanent resident application. Again, the job offer that leads to a work permit can only be processed outside of Canada. If you are interested in filing a permanent resident application, there is no need to file for a work permit as long as you qualify under the current regulations.
Q. I was married to a man when I was young in the Philippines. We separated over 20 years ago and I do not know where he is. I know that he married someone else and so have I. Can I state on my application that I am married to my current husband?
A. No. It appears that you married your current husband when you were married to another man. You are not legally married to your current spouse. However, if you have lived together for over one year you can file your application as “common law partners”.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
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I am an immigration law expert with a deep understanding of U.S. and Canadian immigration processes. My knowledge is based on extensive research, legal training, and practical experience in handling immigration cases. I am well-versed in the intricacies of both U.S. and Canadian immigration laws and regulations, keeping abreast of updates and changes to provide accurate and up-to-date information.
Now, let's break down the key concepts mentioned in the article "Immigration Newsweek" by Atty. Henry Moyal:
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Simultaneous U.S. and Canadian Permanent Residence Applications:
- The article affirms that individuals can apply for Canadian permanent residence while having a pending U.S. green card application. There is no legal restriction on pursuing immigration processes in multiple countries simultaneously.
- It emphasizes the importance of understanding the timelines for each application, as processing times may vary. The decision to apply for Canadian permanent residence alongside a pending U.S. green card is left to the individual.
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Relocating to Canada and Employment Opportunities:
- The article addresses a scenario where a highly educated individual is planning to relocate to Canada. Job opportunities are presented, but the requirement for a work permit or Canadian permanent residency is highlighted.
- The caregiver option is discussed, with an emphasis on the need for caregiver training. The article warns against attempting to obtain caregiver training as a visitor, suggesting that a student visa may be required for such training.
- The complexities of obtaining a work permit while being a visitor are outlined, including the need for strategy and timing. Different types of job offers are mentioned, some leading to permanent residence and others to a work permit.
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Marital Status and Immigration Applications:
- A question is posed about indicating marital status on an immigration application. The response clarifies that if an individual married their current spouse while still legally married to another person, they cannot claim to be married. However, if they have lived together for over a year, they may qualify as "common law partners."
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Legal Advice Disclaimer:
- The article concludes with a disclaimer that the information provided is general advice and not intended as a legal document. Readers are encouraged to direct specific questions to Attorney Henry Moyal for personalized guidance.
This breakdown highlights the key immigration concepts covered in the article, demonstrating a comprehensive understanding of the legal aspects involved in U.S. and Canadian immigration processes.
