IRCC Questions and Answers

Meurrens LawUncategorized

Immigration lawyers and consultants are able to e-mail Immigration, Refugees and Citizenship Canada (“IRCC“) to ask general questions about how programs work. In 2018 we submitted an Access to Information Act request for many of the questions that were submitted in the first half of 2018. I have uploaded the results of our request here. You can see a list of most of the questions that are answered below.


A Canadian Bachelor degree was obtained in two years as the person has used some credits from a previous bachelor degree obtained in a foreign country. The curriculum grid for this Canadian Bachelor Degree is 11 quarters with a total of 180 credits. This same person has also a 1-year diploma from a private institution in Canada. Under the CRS points for Express Entry, could we consider that this person could claim points for having two or more degrees, diplomas or certificates only considering the Canadian credentials? As there is the information that one of the credentials must be at least 3 years, I was wondering if IRCC would consider the length of study or the length of the program if was not accredited due to credit transferring? What should we inform at the Education field “Complete/full academic years” for the Canadian Bachelor Degree as described above?

Do transit stops need to be included in Express Entry? 


My client received the attached WES assessment. Although the actual program he completedw as over one year long, they indicated “completion of college-level certificate (one semester)”. When entering his education information in his express entry profile, should we be selecting that his highest level of education was secondary school or 1 year of post-secondary studies?

In a Family Class application is a record of solemnization or marriage license acceptable instead of a marriage certificate?

Does an applicant under the High Medical Needs Class require two years of experience in only one of the qualifying occupations or can the applicant have two years of experience in a combination of two occupations such as: a Health Care Aide and a Home Support Worker?

In Express Entry, does the CRS score lock-in once the applicant submits the application? Would a divorce or marriage impact Express Entry eligibility and points?

What will cause a first-stage H&C approval to be revisited in an H&C application?

I have a question about a requirement on the document checklist for people applying under the High Skilled Stream of the Atlantic Immigration Pilot. It indicates if you are inside Canada you must show that you have valid status. If an applicant has an application for restoration in process can he/she still submit their PR application with evidence that they have submitted their restoration application? The concern is that individuals sign an undertaking to submit their PR application within 90 days of submitting their
work permit application, however, it takes longer (likely four months) to have a restoration application in process.

For the FSW program, the work experience has to be “at least one year of continuous full-time (or the equivalent in part-time) paid work experience”? Does it mean that as long as the experience is continuous without any gap, it can be with different employers and in different NOC’s ), A or B or a combination of them?

Once our client has proof of the health insurance extension, can you please advise if a standard extension application can be submitted to extend his Work Permit or, alternatively, a brand new application must be submitted under the IEC- Holiday Work Program?

Would submitting a new Offer of Employment IMM5802/Employer Compliance submission with the additional duties for the same employer and same NOC be sufficient to allow a foreign worker to take up the additional duties? The salary/remuneration may or may not increase due to the increase in duties and hours to be worked. Would the foreign worker need to apply for a new work permit?

In Express Entry, does an applicant with Arranged Employment or CEC applicants need to upload proof of funds?

We have a client (holder of a CSQ – PEQ) who incorporated a company in order to work as a freelancer graphic designer. Would she be eligible for an A75 temporary work permit?

What are the rules for off-campus work during the summer?

Does a study permit issued on the basis of a TRP become invalidated if the TRP becomes invalidated?

We would like to inquire about how to fill in the IMM8 Generic Application Form for Canada and IMM5283 Supplementary Information Humanitarian and Compassionate Considerations for overseas humanitarian and compassionate application. For question 2 under the “Application Details” on the IMM8, if we choose “Other” for question 1, it only left 2 choices for us, which are “In-Canada – Humanitarian & Compassionate Considerations” and “Permit Holder Class”. Please advise what we should choose for overseas humanitarian and compassionate application. Second, the questions on page 3 of IMM5283 are for candidate who lives in Canada. Please advise if this form is mandatory for overseas H&C application.

I am seeking clarification with regards to adding a grandparent to the parents’ sponsorship application, once an invitation has been received but only parents’ information were initially provided with the Online Interest to Sponsor form. If it is possible to include the grandparent in this situation, would that application be submitted separately (although under same invitation code?). Also, in case of medical inadmissibility for grandparents, would parents’ application be affected as well? Or vice versa? Or if Sponsor meets the requirements, Grandparents and Parents application are dealt with separately?

Can a Foreign National hold two permits together – Study Permit as well as an Open work permit?

Is a foreign national eligible to apply for an open work permit based on his spouse’s study permit in case both of them are studying in Canada and can he hold both statuses – study and work?

If a foreign national who is on a Study Permit in Canada applies for an Open Work Permit based on the Study Permit of his spouse who is also studying in Canada, will it affect his/ her ability to continue to study while working full time using his open work permit (in case he is granted an open work permit).

Will the application for applying for an Open work permit (through the change of status form) consider a change of Status from Study to Work or it will be considered an application for an open work permit based on study permit of the spouse?

Can you please provide a list of “private post-secondary institution that operates under the same rules and regulations as public institutions” and/or clarifying what this means?

If a student is enrolled in a program that has no scheduled breaks (i.e. runs continuously with no semesters off) but the school has provided students with the option of taking a semester off as a break; if a study permit holder decides to take the option and takes a semester off, is their study permit invalid after 90 days? Will they therefore be without status and be required to obtain a new study permit before starting the next semester?

If an individual get’s married in 2017 will their spouse’s income for 2016 be counted for their parent sponsorship?

We have a student who recently entered Canada as a student (valid CAQ and study permit). He has decided to file a refugee claim and was advised by his lawyer that CIC will seize his passport because he cannot enter Canada as a student and then file a refugee claim. Can you please confirm whether this is a procedure CIC abides by or can the student continue studying while he awaits his hearing date.

Is there any limit on the number of “specialized knowledge” workers that a foreign company wishing to establish a subsidiary in Canada may transfer to Canada under the Intra-Company Transferee category? Or is this assessed on a case-by-case basis, having regard to the nature of the business and the needs of the Canadian start-up/subsidiary?

When a student interrupt his/her studies for a year or longer and resumes it at the SAME college for the SAME program, will they be eligible for the PGWP. The website only clarifies full-time studies and during the last semester, but if a student has been studying FULLTIME, stops and resumes, can they still obtain the PGWP?

If a Foreign National in Canada with valid temporary resident status applies to extend the period authorized for their stay, per IRPR section 183(5)(a&b) will they benefit from Implied Status by operation of S.183(6) REGARDLESS of what type of temporary resident status (worker, student, visitor) they hold when they apply to extend, and what type
of temporary status they are applying for with the extension?

Is implied Status considered Valid Status generally, and more specifically for the purposes of an Inside Canada Class SCLPC application that includes an application for an open work permit under the Spousal open work permit pilot program?

What constitutes continuous activity in the self-employed class?

It is possible for a temporary worker (on a post-graduate work permit) continue to work on a implied status if this person submits a LMIA exempted closed work permit prior to the expiration of the post-graduate work permit?

I have a client who was issued a PGWP and was working full-time in a NOC A position. Accordingly, her spouse was issued an open work permit for the duration of the PGWP. My client recently lost her job, can you confirm whether her spouse may continue to work?

I would appreciate it if you would kindly clarify whether a foreign national minor child may attend kindergarten in Canada without a study permit and other than pursuant to IRPA section 30(2). There seems to be conflicting information on your website about this.

Is a foreign student who has completed a part-time certificate program of more than 8 months eligible for a post-graduate work permit? My understanding is that such a student would not be eligible for a post-graduate work permit unless they had been studying on a full-time basis (with part-time studies only being allowable in the final semester of study). Please confirm that this is correct.

Would a foreign student who holds a study permit without an off-campus work endorsement but who otherwise meets the eligibility criteria for a post-graduate work permit be eligible to work off campus after they have filed a post-graduate work permit application but before they have actually been issued this work permit?

Does a visitor record (issued in Canada) loses validity immediately once the holder of this visitor record (being from a TRV-exempt country) departs from Canada?

Does the term “partner” in the definition of ICT in the CETA Temporary Entry Chapter “include a shareholder?”

I would kind ask you to provide clarification on the allowed activities for a valid B-1 Visitor-Business visa in the event the foreign national, B-1 visa holder, would be required to travel to Canada to complete a short after-sales services
assignment. It is my understanding that work without a work permit, after-sales services provision is typically associated with WX-1 visa as I have seen marked in passport in a few cases. Is this correct? Does this mean that a regular B-1 Visitor-Business visa does not allow any after-sales services activities and a new visa (WX-1) would need to be applied for to request entry to Canada under after-sales services provision?

Could you kindly clarify how the situation where the applicant works for a Canadian employer on a valid LMIA and on payroll, but has been sent abroad to solicit clients for four months, will be handled with respect to calculating “one year of Canadian experience” under the CEC through Express Entry for the purpose of granting Core Human Capital and Skills Transferability factors points in the EE grid? Namely, does the applicant need to be physically present in Canada during all the 12 months of his work for a Canadian employer? What does the policy say?

Is an application for a permanent resident visa made at the time of submission of the electronic application for a permanent resident visa, or, upon submitting an Express Entry profile and being invited to apply for permanent residency?

Does a foreign national also have to apply for a new eTA if certain circumstances change, like marital status, employer, etc.?

Does a foreign national require a work permit if they are employed and paid by a Canadian company, but work outside of Canada?

Could you please let me know what other proof would be acceptable for the purposes of proving sufficient settlement funds?

If an applicant is in Canada with an open work permit (post-graduate) and they have applied for an open work permit as they have a pending application for permanent residence in the spouse in Canada class before the expiry of their current permit, does the Applicant have the right to continue working after the expiry of the post-graduate work permit until a decision in the new work permit application?

Under the Global Skills strategy, highly skilled workers are allowed to work without a work permit for a period of up to 30 days per calendar year. I have a worker who would be requested to come work in Canada on numerous
occasion for a few days at a time (2 days here, 3 days there, 1 day here, etc.) Can the 30 days be split up in numerous trips across a calendar year (as long as we provide clear evidence of this)?

We have previously provided household registrations (“hukou” certificates) for Chinese nationals without any issue. However, we recently received an indication that this is no longer acceptable so we would like to ensure that we can advise our clients appropriately. The hukou contains all of the information that a birth certificate would contain had our clients been born in a region where birth certificates are issued, so we are of the position that this document should still be considered sufficient proof of birth.

Please advise whether time spent outside of Canada can be recaptured under CETA- Contractual Service Supplier and Independent Professionals provisions.

What is the rationale for requiring that an application in Canada for an initial TRP may only be made by mail?

Can a third party service provider located outside of Canada (Foreign Service Provider) present an offer of employment to a Young Professional applicant – considering that the services to be rendered by the Young Professional applicant would be rendered to the benefit of a Canadian corporate client of the Foreign Service Provider?

Could you please also tell me whether an applicant can be inadmissible for permanent resident status under an economic stream if their Canadian common law spouse has a criminal record?

What is the definition of “engaged in full-time study” in Canada for the purpose of express entry?

Candidate on an open work permit for a Canadian employer in a NOC 0, A or B position and has worked for one year for the employer. Switched over to an LMIA work permit in the same position and same employer. Is the candidate eligible for the 50-200 points immediately upon switching to the closed work permit or must the candidate wait for 1 year of work on that closed work permit before being eligible for the 50 points?

Candidate ison an LMIA-exempt, employer specific work permit in NOC 0 for one year. Employer signs an offer letter for the candidate offering him/her a position in a NOC 00 level upon receipt of Permanent Residence status. Without having worked in the NOC 00 position for one year for the same employer, is the candidate eligible to receive 200 points for arranged employment? Assuming they meet the qualifications for the NOC00 job offer and have the relevant experience, can they get 200 points based on a job offer for a NOC 00 position, while currently working in a closed work permit in a NOC O?

Would a diploma or degree earned online via distance education qualify for education points in Express Entry?

When calculating an applicant’s number of years of work experience for the purpose of assigning points under Express Entry, does time spent on maternity leave count as “work experience”? For example, if the applicant was employed for six years, and one of those years was spent on maternity leave, would she be considered to have six years of experience in this position or five?

Can someone travel to Canada on a TRV (S-1) if they are no longer a student? 

Does the issuance of a permit invalidate a previous one? 

Permit Invalidate