I'm worried about my husband's status

Dear Ms Powell,

My husband is a tradesman and has been working in Canada on a work permit for the past three years. His work permit will expire next year and I'm worried that they won't renew it this time. Is there a way for him to apply for citizenship and file for me and our son?

- LL

Dear LL,

The application to become a Canadian citizen will need to be done in stages. Your husband would need to first apply to become a permanent resident under the Canadian Experience Class (CEC) and then he can apply to become a citizen, after satisfying the residency requirements.

The CEC is open to temporary foreign workers and foreign students who have a minimum of 12 months of full-time work (or equivalent part-time work) experience within the last 36 months, just before the application is submitted. Your family must plan to live outside of Quebec and satisfy other requirements such as passing the language test, medical and police checks. Your husband may include you and your son in the application, provided that your son is less than 19 years old.

Cap

There is a cap on the number of applications that will be received under the CEC, just like the Federal Skilled Worker Programme (FSWP). Citizenship and Immigration Canada (CIC) announced that they would be accepting a maximum of 8000 applications for 2014. The programme will then be changed in 2015 and applicants will need to submit applications under the Express Entry.

Eligible occupations

There is a list of eligible occupations on CIC's website and my website www.deidrepowell.com. If your husband has experience in any of the occupations listed then he should apply immediately, before the cap is reached. Your husband's work experience will need to be in a managerial (NOC skill type 0), professional job (NOC skill type A) or a technical job/ skilled trade (NOC skill type B).

Some of the popular occupations are:

Supervisors, supply chain, tracking and schedule coordination occupations

Conference and event planners

Property administrators

Human resource and recruitment officers

Executive assistants

Court officers

Legal administrative assistants

Health information management occupations

Insurance underwriters, adjusters and claims administrators

Customs, ship and other brokers

Assessors, valuators & appraisers

Landscape and horticulture technicians

Construction inspectors

Dental hygienists

Firefighters

Photographers

Graphic designers and illustrators

Supervisors - Accommodation, Travel, Tourism and related services

Executive housekeepers

Cleaning supervisors

Bakers, Chefs

Hairstylists and barbers

Shoe repairers and shoe makers

Upholsterers

Contractors and supervisors, other construction trades, installers, repairers and servicers

Plumbers

Carpenters

Motor vehicle body repairers

Supervisors, food, beverage and associated products processing

Computer network technician

Real estate agents and salespersons

Supervisor Customer & Information services

Not Eligible

CIC has done an assessment of the number of applications received to date and have announced that that they will not be accepting applications where the working experience in Canada is limited the following categories:

Cooks (NOC code 6322);

Food service supervisors (NOC 6311);

Administrative officers (NOC 1221);

Administrative assistants (NOC 1241);

Accounting technicians and bookkeepers (NOC 1311);

Retail sales supervisors (NOC 6211).

There is an application fee payable to CIC, which is based on the number of persons included in the application. Be sure to check the amount and use the correct currency. The application process is outlined on the CIC website. The key is to submit an accurate and complete application with all the required supporting documents. If your husband is unsure about his eligibility or need help with preparation of the application, he should consult with an immigration lawyer privately.

Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars, with offices located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, personal injury, family, commercial and administration of estates. Submit your questions and comments to: Email: info@deidrepowell.com.Subject line: Immigration. Tel: 613-695-8777, Twitter: deidrespowell Facebook: jamaicanlawyer.