Frequently Asked Questions


1) How can I determine if I am eligible to become a Permanent Resident of Canada?
2) When can I expect to receive a response to my communication from Davis Immigration Law Office?
3) What is permanent residence in Canada ?
4) What are the basic requirements for a Permanent Resident visa? 
5) What is the difference between a Permanent Resident visa and a Work Permit or Employment Authorization?
6) What benefits do I have if I am a Permanent Resident of Canada ?
7) Once I am a Permanent Resident of Canada, do I have to stay in Canada?
8) How can I become a Canadian Citizen?
9) I have not received your assessment of my qualifications for Immigration to Canada. When can I expect to receive it?
10) I have questions related to your assessment of my qualifications for Immigration to Canada. I wish to telephone your firm. May I do so?
11) What is a skilled worker?
12) Are you Immigration Consultants and what is the difference between a lawyer and a consultant?
13) How do I know that your law firm is legitimate?
14) Are you sure that I qualify?
15) Can I pay your legal fees once I receive Permanent Residence and arrive in Canada?
16) Where do I apply for Permanent Residence in Canada?
17) How long does the Application process take?
18) Can I visit Canada while my Application for Permanent Residence is in process?
19) Aside from your legal fees, are there any other fees that I must pay?
20) Do I have to bring any money with me to Canada ?
21) Can you assist me to find a job and accommodation in Canada?
22) I applied for Permanent Residence in Canada on my own but I am having difficulties dealing with the Embassy.  Can your firm assist me?
23) I do not need a lawyer’s assistance; however, I need some advice, regarding my Immigration plans. Can you assist me?
24) Can you provide me with legal advice specific to my case?
25) What is a Provincial Nominee Program(PNP)?
26) Does it help to have a relative in Canada ?
27) How is my application assessed? 
28) In what language does an application have to be submitted?
29) What is a Selection Interview?
30) What documents must I submit?
31) Is there any way to expedite the immigration process?
32) Can I practice another profession than my “Intended Occupation”?
33) How is experience in a previous or current occupation assessed when that occupation differs from the applicant’s intended occupation in Canada ?
34) Must I have a Canadian offer of employment to qualify as a Skilled Worker Class immigrant?
35) Are there certain medical requirements for immigration to Canada?
36) Will my application be rejected if I have a certain disease or disorder?
37) Must everyone in my family have a medical examination?
38) Can I have the expiration date of my Permanent Resident visa extended?
39) Can I qualify even if I score lower than the Pass Mark?
40) How long can I wait to come to Canada after my Immigrant Visa is issued?
41) Do I have to find a job before applying for a Permanent Resident visa to Canada?
42) Do the Canadian immigration authorities consider part-time working experience?
43) I feel that my case is very straight forward as I am very adept to using a computer and I have reviewed the applicable web sites for immigrating to Canada/USA, so why should I consider retaining your law firm to assist with what I feel is a very simple process?

1) How can I determine if I am eligible to become a Permanent Resident of Canada?

If you are interested in immigrating to Canada, please visit our Online Assessment Questionnaire, which is designed to assess your qualifications for Immigration to Canada in accordance with Citizenship and Immigration Canada’s selection criteria, at no charge to you.

2) When can I expect to receive a response to my communication from Davis Immigration Law Office?

Davis Immigration Law Office responds to all inquiries that are not addressed by our F.A.Q. (Frequently Asked Questions) page within 5 business days. Please contact our office only if your inquiry does not appear on our FAQ page or if we have not acknowledged receipt of your communication within 5 business days from the time of receipt.

3) What is permanent residence in Canada ?

Permanent residence is a legal status that allows an immigrant to legally reside and work anywhere in Canada. Every year, Canada welcomes thousands of new residents. When you are accepted as a permanent resident, you will receive your Permanent Resident card.

4) What are the basic requirements for a Permanent Resident visa?  

There are many categories in which you may apply for Canadian permanent residence. Each category has various assessment requirements and conditions. We invite you to complete our Canadian immigration free online assessment form to verify your eligibility to immigrate to Canada.

5) What is the difference between a Permanent Resident visa and a Work Permit or Employment Authorization?

Permanent residence is a legal status that allows an immigrant to legally reside and earn a living anywhere in Canada. A Work Permit is a written authorization to work in Canada issued by an officer to a person who is not a Canadian citizen or a Permanent Resident of Canada. Usually, it is valid only for a specified job and length of time.

6) What benefits do I have if I am a Permanent Resident of Canada ?

Canadian permanent residents enjoy all of the same rights and privileges as citizens with 3 exceptions:

  1. Permanent residents cannot vote.
  2. Permanent residents can be deported for certain criminal convictions.
  3. Permanent residents cannot hold a Canadian passport.

7) Once I am a Permanent Resident of Canada, do I have to stay in Canada?

A Permanent Resident must be physically present in Canada for at least 2 years in that five (5) year period or if outside of Canada :

  • employed on a full-time basis by a Canadian business
  • accompanying a spouse, common-law partner or child of a permanent resident, who is outside Canada and is employed on a full-time basis by a Canadian business
  • outside of Canada , accompanying a Canadian citizen, who is his or her spouse or common-law partner or a child accompanying a parent.

This can be a complicated issue that has many exceptions to it. If you are a Permanent Resident and have been outside of Canada for a lengthy period we recommend that you seek proper legal advice before attempting to return to Canada.

8) How can I become a Canadian Citizen?

Once you have accumulated three (3) years of Permanent Resident status, you are eligible to apply for Citizenship.

9) I have not received your assessment of my qualifications for Immigration to Canada. When can I expect to receive it?

We try to respond to all inquiries and assessments submitted to our office within 5 business days or receipt. If you have not received a response from our office you can either call us at 001-204-956-2336 ext. 200 or email our office at: importantpeople@daviddavislaw.com

10) I have questions related to your assessment of my qualifications for Immigration to Canada. I wish to telephone your firm. May I do so?

Yes. We can be reached, via telephone, Monday to Friday Between 8:30am CST to 5:00pm CST at 001 (204) 956–2336 or via e-mail: importantpeople@daviddavislaw.com

11) What is a skilled worker?

Citizenship and Immigration Canada (CIC) defines skilled workers as “people who may become permanent residents because they are able to become economically established in Canada.”

12) Are you Immigration Consultants and what is the difference between a lawyer and a consultant?

We are not Immigration Consultants; rather, we are Immigration Lawyers. The lawyers at our firm are legally trained and have graduated from a recognized law school. Consultants are generally persons who have not attended or graduated from a law school and who do not have a disciplined education that enables them to analyze a case in a proper and effective manner. The application for all types of permits and permanent residence to Canada or to the USA is a legal process and it is recommended that you seek proper legal advice from a practicing lawyer instead of taking your chance with a consultant that does not have the necessary legal training to complete effectively the immigration law process.

13) How do I know that your law firm is legitimate?

If you would like to verify our authenticity, you are welcome to contact the Law Society of Canada.

Telephone: 204-942-5571
Fax: 204-956-0624
or General E-Mail Address: admin@lawsociety.mb.ca

14) Are you sure that I qualify?

Davis Immigration Law Office has near 100% success rate with clients. You must understand however that it is impossible to guarantee a result when you apply for immigration to either Canada or USA. Our firm does its very best to assess all cases and determine which cases are worthy of pursuit. You must be aware and leary of any individual, firm or company who guarantees results for you. This is the reason we strongly recommend that you seek and retain legal advice from our firm as we always deal with all of our clients with the greatest of integrity and honesty.

15) Can I pay your legal fees once I receive Permanent Residence and arrive in Canada?

We prepare retainer agreements for all of our clients and we do allow for payments of our legal fees to be made over a period of time but we do insist on final payment for our legal services immediately prior to issuance of your final document from the Canadian or US government.

16) Where do I apply for Permanent Residence in Canada?

Generally you are required to apply in the country of your habitual residence or citizenship. At the very least you must be able to demonstrate legal status in the country that you are applying from. This question in and of itself can be very complicated and we strongly recommend that you seek proper legal advice from us regarding it.

17) How long does the Application process take?

This is probably one of the most common asked questions. Generally speaking processing times will depend on the following factors:

  1. the complexity of your case
  2. how well your case is presented
  3. the Canadian Embassy which you intend to apply for Permanent Residence in Canada
  4. whether an Immigration interview is necessary in your case; and,
  5. whether or not you qualify under one of the many provincial nominee programs across Canada .

Nobody can promise you specific times. Davis Immigration Law Office will give you estimates times; However we can not guarantee processing times. Nonetheless, depending on the circumstances of the case, and the office at which the application is submitted, processing times may be shorter or longer.

18) Can I visit Canada while my Application for Permanent Residence is in process?

Yes. However, your entry to Canada is subject to the discretion of the Immigration officer at the Canadian port of entry or the Canadian Consulate depending upon your citizenship.

19) Aside from your legal fees, are there any other fees that I must pay?

Aside from our legal fees, you must pay the Government of Canada processing fees. The Government of Canada fees consist of non-refundable processing fees and Right of Permanent Residence fees, which are refundable in the event that your Application for Permanent Residence does not succeed.

The fees for the Independent/Skilled Worker Class are as follows:
Non-Refundable processing fees (Which must be submitted with your Application) 

Principal applicant: CAD 550
Spouse/common-law partner CAD 550
       Per dependant (age 22 and over): CAD 550
       Per dependant (age 21 and under): CAD 150
Refundable rights of permanent residence fees (can be paid at anytime during the Immigration process)
       Per applicant (age 22 and over): CAD 975
       Per applicant (age 21 and under): CAD 0

 

The fees for the Business Class are as follows:
Non-Refundable processing fees (Which must be submitted with your Application) 

Principal applicant: CAD 1,050
Spouse/common-law partner CAD 550
       Per dependant (age 22 and over): CAD 550
       Per dependant (age 21 and under): CAD 150

 

Refundable rights of permanent residence fees (can be paid at anytime during the Immigration process)

Per applicant (age 22 and over): CAD 975
Per applicant (age 21 and under): CAD 0

 

The fees for the Family Class are as follows:
Non-Refundable processing fees (Which must be submitted with your Application) 

The sponsor CAD 75
Principal applicant: CAD 475
Spouse/common-law partner CAD 550
Per dependant (age 22 and over): CAD 550
Per dependant (age 21 and under): CAD 75

 

Refundable rights of permanent residence fees (can be paid at anytime during the Immigration process)

Per applicant (age 22 and over): CAD 975
Per applicant (age 21 and under): CAD 0

 

20) Do I have to bring any money with me to Canada ?

You are required to bring the following amounts of money if you applied as an Independent or Skilled Worker Class

Number of Family Members Funds Required
(in Canadian dollars)
1 $10,000.00
2 $12,500.00
3 $15,000.00
4 $17,500.00
5 $20,000.00
6 $22,500.00
7 or more $25,000.00

In order to calculate more than 7 family members you simply add $2,500.00CAD for each additional dependent. You will need to provide proof of your funds when you submit your application for immigration, at the time of your interview or assessment by the overseas visa officer and at time of entry into Canada .

The legal need to have the necessary financial support becomes less important if you have arranged employment in Canada.

21) Can you assist me to find a job and accommodation in Canada?

We do not provide guaranteed job offers but we do assist our clients with searching for the most appropriate job position. Please be very leary and cautious if any company offers the finding of guaranteed job offers. It is our opinion that it is simply not legally possible to guarantee the existence of any job offer.

22) I applied for Permanent Residence in Canada on my own but I am having difficulties dealing with the Embassy.  Can your firm assist me?

Yes we certainly can. We would need to see copies of your entire file and would need time to consider all of the issues that pertain to your case. This is not an easy task when we take over a case that we did not have control over from the outset. Depending on your circumstances our firm may have to charge a fee for assessing your case.

23) I do not need a lawyer’s assistance; however, I need some advice, regarding my Immigration plans. Can you assist me?

The law firm of Davis Immigration Law Office does believe in providing some pro bono services. We are called upon from time to time to answer some questions without any fee. Depending upon your particular circumstances we may be able to answer some very brief questions that do not appear on this site.

24) Can you provide me with legal advice specific to my case?

Yes we can as this is our specialty. We are particularly experienced in analyzing any particular case and providing the best possible advice that is suitable for all individuals.

25) What is a Provincial Nominee Program(PNP)?

The PNP is another form of selection where the responsibility is passed over to a Provincial government by the national headquarters of citizenship and immigration Canada . All Provinces across Canada currently have a PNP except for Ontario.

The purpose of the PNP is to satisfy the specific immigration requirements for some particular regions of Canada . Each Province has their own selection requirements which are tailored specifically to the economic and social goals that their program is geared towards. The PNP are limited to well thought out and prepared cases. It is strongly advised that if you wish to have your case submitted under any of the PNP across Canada that you seek proper legal advice from a law firm like Davis Immigration Law Office. Further information on these programs may be found on our website.

26) Does it help to have a relative in Canada ?

Yes. The principal applicant receives five points (and more if submitted under a PNP) for adaptability if they or their accompanying spouse or common-law partner, have a close relative in Canada such as a parent, grandparent, child, grandchild, spouse, common-law partner, sister, brother, uncle, aunt, nephew/niece or first blood cousin who is a Canadian citizen or Permanent Resident and is physically residing in Canada.

27) How is my application assessed? 

Your assessment document is reviewed by our legal team of professionals and our response is submitted to you within five business days.

  

28) In what language does an application have to be submitted?

All Applications must be submitted in either English or French.

29) What is a Selection Interview?  

Most skilled worker applicants are required to attend a selection interview with an immigration officer. Generally, an interview is conducted to ensure

  • the accuracy of the information contained in the documentation submitted
  • to confirm the applicant possesses the necessary means to settle in Canada
  • to ensure the applicant is intending to enter the Canadian labour market
  • to verify the absence of security/criminal issues
  • to clarify issues relating to the applicant’s background to verify whether there are sufficient grounds to exercise positive discretion.

Applicants are advised to bring to the interview, all original documentation supporting the application; certificates of non-criminal conviction; and, evidence of settlement funds.

30) What documents must I submit?

The documents required for your application depend upon the category under which you apply. Generally for all independent and business applications the following documents are required:

  • Identity and marriage documents
  • Birth certificate
  • Travel/passport documents
  • Letters of reference
  • Bank statements
  • Police certificates
  • Immigrant Applications Forms
  • Employment/Education Information

31) Is there any way to expedite the immigration process?

You will always be able to speed up the process by doing the following:

  • making sure all the necessary information particular to your case is included with your application;
  • avoiding unnecessary inquiries to the Visa Office;
  • providing certified English or French translations of documents;
  • applying from a country where you are a citizen or permanent resident ;
  • notifying the Visa Office of any changes to the information on your application;
    • making sure the documents you provide are clear, legible and meet the specific requirements;
    • ensure that all information is accurate and truthful;
    • always explaining in detail any and all problems that exist in your background to the visa office
    • never take a chance to hide any possible problem that may exist in your background and never stating that you are single or do not have children when In fact you are married or have children.

32) Can I practice another profession than my “Intended Occupation”?

Yes. Once you have landed in Canada you may pursue another profession.

33) How is experience in a previous or current occupation assessed when that occupation differs from the applicant’s intended occupation in Canada ?

The visa officer assessing your application is looking for a person who exemplifies transferable and multiple skills that can easily be adapted in other professional titles.

34) Must I have a Canadian offer of employment to qualify as a Skilled Worker Class immigrant?

No.

35) Are there certain medical requirements for immigration to Canada?

Yes. All prospective immigrants to Canada are required to undergo medical examinations. These examinations are intended to detect any health conditions which may affect the health of the Canadian public, or which may result in excessive demands being placed upon the Canadian health care system. Your medical examination will be conducted in the country where your application is submitted. We recommend that our clients identify for us any possible medical issue that may exist with any family member as there are certain steps that can be taken to overcome anticipated medical inadmissibility issues.

36) Will my application be rejected if I have a certain disease or disorder?

Each medical case is analyzed, taking into account your full medical history. If the disease or disorder poses health risks to Canadians or places excessive demands on the Canadian health care system, it may result in your medical inadmissibility.

37) Must everyone in my family have a medical examination?

All prospective immigrants to Canada are required to undergo medical examinations.

38) Can I have the expiration date of my Permanent Resident visa extended?

Yes but it would be very wise for you to assume that this is not possible as such occurrences are very rare and rely on very specific and unusual circumstances.

39) Can I qualify even if I score lower than the Pass Mark?

Yes you could qualify. However, you are less likely. Under the proposed new Regulations, applicants who score less than the minimum points required, may still be approved on the basis of “Positive Discretion”. This means that visa officers have the power to approve applicants with fewer points than the Pass Mark, if there are good reasons to believe they will be able to successfully establish themselves in Canada .

The same guidelines apply for applicants who make the minimum score. Visa Officers may refuse such applicants if they feel that they are not suitable and will not successfully establish themselves in Canada . If this describes your case then you ought to seek our legal advice immediately.

40) How long can I wait to come to Canada after my Immigrant Visa is issued?

The principal applicant must arrive in Canada first and each family member thereafter must arrive before the expiry date which appears on each of their immigrant Visas. Usually, it is one year from the time medical examinations are completed. As this is not always the case, be sure to verify the expiry date as soon as you receive your Immigrant Visa.

41) Do I have to find a job before applying for a Permanent Resident visa to Canada?

No. However, it is highly recommended to use internet search engines to examine and locate the possibilities of job prospects in the region of Canada that you are seeking to immigrate.

42) Do the Canadian immigration authorities consider part-time working experience?

Part-time work experience is acceptable. It is assessed in proportion to a standard full-time working week. For example, a four-year part-time position requiring approximately 20 hours of work each week, will be counted as two years of full-time experience.

43) I feel that my case is very straight forward as I am very adept to using a computer and I have reviewed the applicable web sites for immigrating to Canada/USA, so why should I consider retaining your law firm to assist with what I feel is a very simple process?

This is a very common question that all of our clients ask prior to retaining our services. The immigration process is not simple and straightforward as some people would have you believe. We constantly are confronted with issues that appear in our clients cases that need to be handled in a very sensitive manner. Sometimes our clients have issues that arise during the immigration process itself.

Simply put, it is very difficult to conclude at the beginning of a client’s application which individual will not experience any difficulty whatsoever and those who will face very significant challenges. Moreover, the rules and procedures in immigration cases are constantly changing and we recommend that you choose a law firm like ours who deal with these issues on a daily basis. We are in this business to assist all individual’s with achieving their dream and goal of immigrating to a safe environment such as Canada or the USA .

WE LOOK FORWARD TO BEING YOUR IMMIGRATION LAWYER!