您的问题很有典型性。我明确回答您：加拿大已经有律师将两位从伊朗来的医生，用医生的身份，成功办进加拿大。我还没有成功的案例。大多数加拿大移民律师公会的律师都还没有这样的案例。
以下是我在前几个月对一位客户的查询的答复。他问的问题与您是同样的。而我将我更早一些的时候所写的一个法律意见书直接给他了。问题也是同样的。您还应该参考www.canadarite.com中“技术移民”栏目中，有一个“常见问题”栏目。里面有一个问答，是全中文的。
问题：
基本情况:40岁,大本,雅思6分,工作14年,眼科主治医生。请帮忙分析，移民成功几率有多少？
回答：
Harvey, 您好！
您的关键问题：医生能否移民加拿大？
我将我最近为一位菲律宾申请人（有美国的医生执照的）所做的法律意见公布在此，供您参考。您看完了，就知道问题在哪里了。
YOUR QUALIFICATIONS:
You are qualified as a physician. The total number of points you can get has exceeded the required 67 points.
I was, however, extremely cautious about a negative discretionary power provided under the Regulations: An officer could refuse an application if he/she is of the opinion that the applicant will not become economically established in Canada due to his/her inability to become licensed.
Whether a medical doctor can get the approval under the occupation of “medical doctor” has been subject to active discussions in the Canadian Bar Association, Immigration Section. Different opinions and practice experiences have been observed. (See the Attachment “I”.) I have, however, made the following strategic decision:
1. If we can identify ANOTHER relevant occupation, other than “medical doctor”, I prefer the other occupation.
2. If we have no alternative, we, then, have to submit your application as a medical doctor.
ANALYSIS:
In June 2002, the Canadian government introduced a new immigration law. The new law is totally different from the previous immigration law. Therefore, all judicial interpretations under the former law had become not applicable under the new law. We, as immigration lawyers and the visa officers alike, have all become “new kids on the block”. No one has enough experience in judicial interpretation of the new immigration regulations. The qualification of medical doctor is a typical example.
There is a significant change between the old law and the new law as far as a medical doctor is concerned: Under the former law, a medical doctor was specifically excluded from being qualified. So was a lawyer. (That restriction made sense because no foreign medical doctors or foreign lawyers would have meet with the licensing requirements in Canada for these professions.)
Under the new law, there is no such restriction anymore. Therefore, some immigration lawyer and visa officer are of the opinion that medical doctors are qualified for Canadian immigration purpose as long as he/she meets with the other requirements, which you have already met. That was also the reason we take your retainer.
However, what concerns me about is a discretionary power bestowed on a visa officer by the new Regulations:
Section 76:
Circumstances for officer's substituted evaluation
(3) Whether or not the skilled worker has been awarded the minimum number of required points, an officer may substitute for the criteria set out in subsection (1) their evaluation of the likelihood of the ability of the skilled worker to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the skilled worker may become economically established in Canada. [emphasis added]
Based on this provision, an officer does have the discretionary power to refuse your application for the reason of unlikelihood of becoming economically established in Canada as a medical doctor. This discretionary power will not even be subject to judicial review. An officer may well decide that a foreign licensed medical doctor is not qualified to practice in Canada and is, thus, not able to become economically established.
We do not see any court decision on this issue yet. Therefore, whether a foreign medical doctor can successfully make his/her application to immigrate to Canada is now only a point of speculation. As you can appreciate, this issue has been raised in our Immigration Bar Association by many other lawyers. Some of them claim that they have successfully brought two Iranian doctors into Canada and some of them are still worried about the feasibility of doing so. This is basically my concern in the past months. I do not want to rush to submit your application without certain level of comfort. I would like to see if any sample of success under the new law and if the Department of Justice’s lawyer would say anything about it.
STRATEGY:
Based on the above analysis, I have developed the following strategy:
1. I would like to see if you have sufficient experience in an occupation other than medical doctor. For instance, I note that you do ultrasonography for prenatal examination. If you spent half of your day doing this, we may well claim that you are a part time “diagnostic ultrasound technologist – medical”, or a part time “ultrasonographer – medical”, both of them are classified at National Occupational Classification system with a code: 3216. If you did work in these occupation, all we have to do is to convert your seven years part time work experience (from 1997 to 2004) to a three-years and a half full time equivalent “diagnostic ultrasound technologist – medical”, or an “ultrasonographer – medical”. The other half of your time would be classified as a medical doctor. (Please click the above underlined Code number and read the content carefully.)
If this occupation is not the right occupation, kindly take a look at the Attachment “II”. It is a search result of the word “medical”. You may want to see if there is any other occupation which may fit into your job.
I specifically remind you not to misrepresent your occupation. If you do not spend that much time to practice as a “diagnostic ultrasound technologist – medical”, or an “ultrasonographer – medical”, do not fabricate it. Just tell the truth. Many applicants got into trouble by lying to visa officer.
2. If you do not think you are such a “diagnostic ultrasound technologist – medical”, or a “ultrasonographer – medical”, we, then, have to claim that you are a full time medical doctor. By doing so, we may run into a bit risk. However, your situation is much better than an average foreign medical doctor as you have the US license. If we take this option, I definitely want to see two documents:
1) Your US license; and
2) Your assets. The more, the better. Your assets will include your bank deposit, your property, your stock investment and so on.
I plan to use these two documents to prove that you will be able to meet with the Canadian requirements for a medical doctor very quickly as you already have a US license, and there will be no problem for your family to become established even you can not practice as a medical doctor as you have sufficient assets to support you and your family for years, even you do not work in Canada at all.
After all, we still have the theoretical backup: a medical doctor is not barred from immigrating to Canada under the new law.
CONCLUSION:
You need to do the above two little home work and advise me the result. May we expect your response within next week?
