MIGRATION
Critical to get application forms right
When applying to immigrate to Canada as an Independent Applicant or an Assisted Relative, it is crucial that the application forms are properly completed and that the immigration officer is given a clear indication of the type of skilled work the applicant will be fulfilling in Canada.
The applicant must be able to demonstrate that his work experience will enable him to carry out the skilled work according to one of the occupations in demand on the Canadian Occupation List.
There are many instances where an applicant's education may lead them to believe that they are eligible for immigration based on the Occupation List. This is not necessarily the case.
For example, an engineer would be refused if he had no work experience. However, if the same individual, prior to becoming an engineer, had trained and gained work experience as a technician, he could be accepted for landed immigrant status.
If the applicant's intention is to pursue employment in Canada, he will be evaluated as an Independent or Assisted Relative based on the points system whereby he must receive a total of 70 points to be accepted as an Independent Applicant or 65 points to be accepted as an Assisted Relative.
Assisted Relatives are individuals who have a relative in Canada such as a brother, sister, uncle or aunt. An individual must insure that his application clearly demonstrates the existence of a blood relative who is a landed immigrant or Canadian citizen. When presenting an application for immigration to Canada, it is imperative that full information about the individual's qualifications and background is fully communicated to the visa officer.
In the event that the visa officer determines that the applicant does not have sufficient points to be accepted as an immigrant, the regulations provide that a visa may still be issued if it can be established that the applicant will be able to successfully settle.
There may be circumstances where an applicant is ideally suited in most respects but where age or education are such as to cause a significant loss of points. In these cases, an application under section 11 (3) of the regulations should be made requesting special consideration for the individual.
For more information contact Brownstein and Brownstein, Attorneys, 1310 Greene Avenue, Suite 750, Montreal, Quebec, H3Z 2B2, Canada; Tel: 514-939-9559; Fax: 514-939-2289.
