Q I always enjoy reading your column in the 24H Wednesday edition. You give advice to people like me, so that we understand a little bit about these complicated procedures. I have a question about my situation in Canada: I am in Canada for almost 10 years and renewed my visa for all this time. I am a municipal pastor in a church and I would like to apply for permanent residency in Canada. What do I have to do?
A. To determine eligibility for permanent residency a number of factors are relevant. Do you hold a valid and subsisting work permit? How are you paid for your services? Are you on payroll? Generally speaking and assuming you have a valid work permit in Canada and are on payroll, the good news is that you should qualify for the Canadian Experience Class (CEC). Although clergy is a distinct category and in most cases does not require a labour market opinion to extend status in Canada, clergy still qualify for the CEC class. Each case must be individually assessed but at the top of your to do list is to meet with a professional and ask if you qualify for the CEC class. If so, you will enjoy becoming a permanent resident without having to leave Canada. Good luck!
Wednesday, December 16, 2009
Friday, November 27, 2009
Criminal Record
Q I am a Canadian citizen. My brother-in-law was convicted more than 5 years ago in the US. He is planning to apply for a Canadian visa as a visitor, however he does not want to write about this criminal record as he is afraid of a refusal. If he applies for a Canadian visa without mentioning this criminal record , is there any chance he can get an approval?
A. Your brother-in-law’s idea of not disclosing his criminality is not wise. You must bear in mind that sooner or later Immigration Canada will discover the convictions. Many have attempted this approach and if they were not caught immediately at the border (border officers can quickly access an applicant’s criminal background in either country), they were in hot water on an extension and/or subsequent application. His proposed action would amount to a misrepresentation finding in addition to an inadmissibility finding for criminality. Once down that road it is very difficult to turn around. Little is to be gained and much is to be lost. A Temporary Resident Permit application in conjunction with a visitor visa application with disclosure can overcome the inadmissibility issue. Good luck!
A. Your brother-in-law’s idea of not disclosing his criminality is not wise. You must bear in mind that sooner or later Immigration Canada will discover the convictions. Many have attempted this approach and if they were not caught immediately at the border (border officers can quickly access an applicant’s criminal background in either country), they were in hot water on an extension and/or subsequent application. His proposed action would amount to a misrepresentation finding in addition to an inadmissibility finding for criminality. Once down that road it is very difficult to turn around. Little is to be gained and much is to be lost. A Temporary Resident Permit application in conjunction with a visitor visa application with disclosure can overcome the inadmissibility issue. Good luck!
Conjugal Partner
Q I am an avid fan reader of your column and I would appreciate your help in solving my problems in sponsoring my family living abroad. I am divorced from my first wife in my home country. She is also an immigrant. Back home, while married, I had an illicit relationship with another woman with 3 children. Last year, after my divorce, I sponsored them, but my application was refused for the reason that divorce in our country is not allowed. Do you think I am qualified to sponsor them under the conjugal partner category, since I support them financially? We never lived together, but I always talk to them. What is the chance that the immigration officials grant my request?
A. This is a complex question that requires extensive analysis. As you never lived with your partner a common law sponsorship is not possible. The test for conjugal relationships includes a committed and mutually interdependent relationship of at least one year where the couple has combined their affairs to the extent possible. This applies to people where a marriage is not possible combined with an immigration barrier (for example, rules preventing partner and sponsor from long stays in one another’s countries). Not sure if you would meet this threshold. Although, this sounds open ended it is a difficult immigration category. Marriage and a spousal sponsorship may prove more effective but consult with an immigration lawyer. Good luck!
A. This is a complex question that requires extensive analysis. As you never lived with your partner a common law sponsorship is not possible. The test for conjugal relationships includes a committed and mutually interdependent relationship of at least one year where the couple has combined their affairs to the extent possible. This applies to people where a marriage is not possible combined with an immigration barrier (for example, rules preventing partner and sponsor from long stays in one another’s countries). Not sure if you would meet this threshold. Although, this sounds open ended it is a difficult immigration category. Marriage and a spousal sponsorship may prove more effective but consult with an immigration lawyer. Good luck!
Wednesday, October 28, 2009
Refugee Reform in 2010?
Q I have been hearing a lot about changes to the refugee system. Are these going to be the biggest changes we have seen in some time? I am a Canadian and I hope that these changes may make our system work better and are long overdue.
A. I receive and welcome many questions from persons who are Canadian born or naturalized with an interest in immigration and/or refugee law and policy. The details of proposed changes have not been released but the Government has been quite vocal about wanting to make the refugee system more accessible to those in need of protection while eliminating the “clogging” of the process by those who are not in need of protection. When these changes come to light they will be another in an ongoing series of changes. Immigration policy is constantly evolving. In fact, much of the mythology that surrounds immigration and refugee processing is because many persons assume certain policies that once were in place are still in effect. The genuine aim of any change is to improve the system but it is an imperfect science and on the whole Canada’s immigration system had to become more responsive and open to remain globally competitive. Thank you for your question.
A. I receive and welcome many questions from persons who are Canadian born or naturalized with an interest in immigration and/or refugee law and policy. The details of proposed changes have not been released but the Government has been quite vocal about wanting to make the refugee system more accessible to those in need of protection while eliminating the “clogging” of the process by those who are not in need of protection. When these changes come to light they will be another in an ongoing series of changes. Immigration policy is constantly evolving. In fact, much of the mythology that surrounds immigration and refugee processing is because many persons assume certain policies that once were in place are still in effect. The genuine aim of any change is to improve the system but it is an imperfect science and on the whole Canada’s immigration system had to become more responsive and open to remain globally competitive. Thank you for your question.
Bankrupt, But Can I Sponsor?
Q My application to sponsor my spouse from overseas was recently refused. The reason for the refusal is that I sponsored my two children to Canada in 2002, and when I got sick, I went on social assistance for about a year and a half. About a year ago, I also declared personal bankruptcy. In the refusal, Immigration wants me to repay social assistance, which amounts to a big amount. That money was included in my bankruptcy as debt. My question is, can I sponsor again, and is this a debt that can be wiped out in a bankruptcy? Thank you very much for your reply.
A. This is an interesting question. As your sponsorship application was refused recently, I assume you applied to sponsor your spouse during 2009 or late 2008. When you filled out the Application to Sponsor form, you were asked, among other questions, to declare whether you “are an undischarged bankrupt” and also, whether any of the “persons you previously sponsored or their family members received social assistance during the validity period of the undertaking”. So regardless of the bankruptcy issue as you sponsored your children in 2002 you likely remain under a legal obligation (up to ten years or until children reach age 25) to support them without social assistance. So if you answered “yes” to any of these questions you may not qualify to sponsor. Although I cannot conclusively advise based on the limited facts provided, you may need to repay the amount to the Government. Seek the assistance of counsel immediately. Good luck!
A. This is an interesting question. As your sponsorship application was refused recently, I assume you applied to sponsor your spouse during 2009 or late 2008. When you filled out the Application to Sponsor form, you were asked, among other questions, to declare whether you “are an undischarged bankrupt” and also, whether any of the “persons you previously sponsored or their family members received social assistance during the validity period of the undertaking”. So regardless of the bankruptcy issue as you sponsored your children in 2002 you likely remain under a legal obligation (up to ten years or until children reach age 25) to support them without social assistance. So if you answered “yes” to any of these questions you may not qualify to sponsor. Although I cannot conclusively advise based on the limited facts provided, you may need to repay the amount to the Government. Seek the assistance of counsel immediately. Good luck!
Monday, October 5, 2009
Are Lawyer's Scam Representatives?
Q I have checked Immigration Canada’s website regarding the use of a representative and it reads under Immigration Representatives: Warning: Don’t be the victim of a scam. Do representatives include attorneys?
I assume you are asking if lawyers (attorney – American term) are included in the generic wording “representatives” and the answer is yes and I also read into your question that you may be concerned about being a victim of a scam if you hire a lawyer. The wording on Citizenship and Immigration Canada’s (CIC) website is motivated by good intentions and the wording has improved but it still leaves a mistaken impression in my view. Many applicants are serviced by representatives that include lawyers most of whom in my experience are hard working individuals looking to best service their clients. CIC is attempting to minimize the fraud that occurs in Canada and overseas by unscrupulous individuals with one goal – profit. They often destroy dreams or create dreams of immigrating to Canada where immigration for those individuals is not a realistic option. Unfortunately better wording should clearly define and separate the key role lawyers do provide for the betterment of clients.
I assume you are asking if lawyers (attorney – American term) are included in the generic wording “representatives” and the answer is yes and I also read into your question that you may be concerned about being a victim of a scam if you hire a lawyer. The wording on Citizenship and Immigration Canada’s (CIC) website is motivated by good intentions and the wording has improved but it still leaves a mistaken impression in my view. Many applicants are serviced by representatives that include lawyers most of whom in my experience are hard working individuals looking to best service their clients. CIC is attempting to minimize the fraud that occurs in Canada and overseas by unscrupulous individuals with one goal – profit. They often destroy dreams or create dreams of immigrating to Canada where immigration for those individuals is not a realistic option. Unfortunately better wording should clearly define and separate the key role lawyers do provide for the betterment of clients.
Changes in the Citizenship Act
Q. I would like to know whether I am eligible for Canadian citizenship. My grandfather was born in Canada, moved to the United States when he was 18. He married there and had one daughter, my mother in the States. My mother visited Canada, but she never lived there or claimed Canadian citizenship. I have also visited Canada, but have never lived there. Am I entitled to Canadian citizenship? Thank you.
A. This question is really timely as the Citizenship Act is going to be amended on April 17, 2009 (Bill C-37). What will this bill do? There are a few things that Citizenship and Immigration Canada had in mind by amending the Act:
One, to restore citizenship to those people who have lost it due to the former legislation;
Also, it will give the right to citizenship to certain people who have never been Canadian and who are of the first generation born outside Canada to a Canadian parent;
At the same time, the legislation will expand the eligibility of adopted persons including those adopted between January 1, 1947, and February 14, 1977;
On the other hand, the Act will limit citizenship by descent to the first generation born outside Canada to a Canadian parent; and, last but not least
Similarly, the Act will limit citizenship by adoption to the first generation born or adopted outside Canada to a Canadian parent.
To answer your question, as you are 2nd generation born outside Canada (grandparent born in Canada, neither of your parents are Canadians) you will not be eligible for Canadian citizenship.
A. This question is really timely as the Citizenship Act is going to be amended on April 17, 2009 (Bill C-37). What will this bill do? There are a few things that Citizenship and Immigration Canada had in mind by amending the Act:
One, to restore citizenship to those people who have lost it due to the former legislation;
Also, it will give the right to citizenship to certain people who have never been Canadian and who are of the first generation born outside Canada to a Canadian parent;
At the same time, the legislation will expand the eligibility of adopted persons including those adopted between January 1, 1947, and February 14, 1977;
On the other hand, the Act will limit citizenship by descent to the first generation born outside Canada to a Canadian parent; and, last but not least
Similarly, the Act will limit citizenship by adoption to the first generation born or adopted outside Canada to a Canadian parent.
To answer your question, as you are 2nd generation born outside Canada (grandparent born in Canada, neither of your parents are Canadians) you will not be eligible for Canadian citizenship.
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