When applying to immigrate to Canada, individuals are typically required to prove the number of years of education that they have completed. In some cases, individuals have completed a year or more of education in an educational program they never completed. Can these years of education be counted? The Federal Court says no.
In the cases of Khan, Kabir, and Hasan, the Federal Court of Appeal ruled that when assessing points for education, a visa officer cannot award points for years of studies that did not contribute to an educational credential being assessed. As a result, visa officers must give credit only for those years of study used towards the achievement of the specific educational credential. This means the following:
1. If a person has two Masters degrees, they will not receive extra credit for the number of years studying the second Master degree.
2. If an individual had to repeat a year in an educational program because he or she failed that year, he or she will not get credit for the year that he or she failed.
3. If a person completes a number of years of studies and then switches to another educational program in unrelated field, he/she will not get credit for those years.
If the number of years of education is necessary to establish eligibility to immigrate to Canada, you should carefully calculate which years will count.
This Article is prepared for general information purposes only and is intended to provide comments for readers and friends of the Filipino Journal. The contents should not be viewed as legal advice or opinion.
Reis is a partner with Aikins Law and practices in the areas of immigration law. His direct line is 957-4640. If you would like to know more about Reis or Aikins you can visit the firm’s web page at www.aikins.com, follow Reis on Twitter at http://twitter.com/#!/ImmigrationReis, or connect with him on LinkedIn at http://www.linkedin.com/in/reispagtakhan.