Giving rights to children to immigrate with my spouse.

Question:      Hi, I’m from a foreign country. My husband applied for immigration to Canada for himself. When he was approved, he asked me to sign documents for our daughter to leave with him while he promised to apply for me join the family there. I did sign the papers for her to travel and immigrate with him. He never kept his promise of family reunion. He called me few months later to tell me to move on with my life and file to get a divorce because he would bring me or want to live with me anymore. I just want my daughter in my life and now he does not call for me to talk to her and would not bring her back to me. The last time I spoke to her, she said her father had a job, and he leaves her at home by herself while he goes to work, she is only 7 years old now. I’m missing my daughter and facing a husband who is kicking me out of the house (his parents house where he told me to stay when he left to Canada). I’m worried about my daughter staying long hours by herself and I’m not able to join her and live with her or have her back with me. I have no one to help me, and don’t know what to do. Please help me, advice me, I’m without my daughter and about to be homeless. No one in my country can help me get my daughter back. Thank you very much

 

Answer:       The situation is not simple since you voluntarily gave up your rights for your daughter by signing your consent for her to immigrate permanently in Canada.
However, you are a mother of your daughter and certainly have rights to participate in her life.
One option for you is to apply for a permanent residence in Canada based on Humanitarian and Compassionate considerations. You can do it if you travel to Canada on a temporary visa or from your country through Canadian consulate or embassy in your country.
You can try to hire a Canadian family lawyer or a family lawyer in your country for the purpose of taking custody back for your daughter and your claim would be based on the fact that your husband deceived you when obtained that consent for your daughter’s immigration. The international law is very strict and does not allow to “kidnap” children.

Ourstanding immigration violations in the USA and impact on Canadian immigration

Question: Hello, I need to know if I qualify to immigrate to Canada under any Federal or Provincial program or I am not admissible at all! Given the facts below: Facts: I studied in the US under a student visa and overstayed my visa. Left US on my own (no notice of overstay or removal or deportation). Have a CPA and MBA and bunch or professional experience in my fields. I have been outside the US for over 7 years now and wish to immigrate to Canada if possible. No record in the US, go my FBI record last month. Questions: Does my US experience effects CIC? If not, what is my best option? Thank you.
Our answer: It seems that you don’t have any criminal record with the USA authorities thus is not inadmissible class in Canada. Having immigration issues of overstay in the USA could probably negatively affect your application to immigration to the USA, but it is irrelevant to your immigration matters in Canada.
With respect to what program is most suitable for you, provincial nominee of federal will depend on many factors relating to your personal circumstances (education, experience, etc.). Our provinces have their own unique programs for immigrants and they have rights on their own to decide on suitable candidates, whereas federal program is pretty much straightforward; yet, as of now, federal program targets those potentials who will most likely succeed in our employment market.

Entering Canada with an Expired PR

Q:
My parents became Permanent Residents (PR) of Canada in 2009, but failed to complete their residency obligation of staying in Canada for 2 years out of 5. Their PR expired on Feb, 2014. Being the only care provider for my ailing grandmother, my parents had to go back to India to take care of her during her illness. In 2013, when my parents wanted to permanently move to Canada, they had a set back because my father suffered from a severe heart attack. The recovery was long, forbidding them from coming to Canada. However, they are still very interested in maintaining their PR status as the kids are here in Canada. My question is: 1. Will they be allowed to enter into Canada on an expired PR card if they are flying in?2. Can they apply for PR renewal without completing the residency obligation on compassionate grounds?3. If they entered Canada with an expired PR and get an eviction notice from the immigration, how does it effect their chances of getting future visitor visas?Thank you for your kindness and help with my situation.
A:
1. No, they will not. They have to apply for a Travel Document in the Canadian Consulate in India (or country responsible for Indian nationals).
2. If they are allowed to enter Canada on Travel Documents, they will be able to apply for PR card however, it is expected that they could be refused as immigration officers don’t have wide discretion to decide on humanitarian and compassionate considerations basis.
3. If they come to Canada on expired status, they could be refused an entry.My advice is to apply for a Travel Document and, if refused, file for the appeal. I can represent your parents at the Immigration Appeal Division as their counsel. I have more than 16 years of experience in dealing with cases like you described. Call my office to schedule a consultation and possible representation.

Overstay in USA Want to Immigrate Canada

Q:
hi, i came to USA with j-1 visa in 2012. Last April i applied for student visa to change my status j-1 to f-1 which got denied in August. And I kept stay in USA until November. In November ice caught me because of my overstay.Now i am in removal proceeding.Since i couldn’t get my student visa in USA. i wanted to do my master degree in Canada. but as i researched its really hard to get student visa from Canada since i overstayed here in USA. so in this situation i might consider to immigrate Canada and then after a while i may apply for school over there. i would like to learn to what would be my options? Can i applied for skilled worker or anything else? If so what should I do? By the way I graduated from university and my major is Media and Communication. waiting for your answers. Thank you!
A:
You are recommended to retain us for the assessing your chances to immigrate to Canada as we need your detailed information and supporting documents related to your education, experience and other factors. Please call our office at 416-835-6989 or email at karblaw@rogers.com

Q: I’ve been married for 4 years and my husband sponsored me. However for the past year our relationship hasn’t really worked and we both decided that divorce would be the best option. We have no kids together. Also I received my permanent resident status about a year and a half ago, we were wondering if divorce would affect my status in Canada?

A:  If your application for a permanent residence in Canada was received on October 25, 2012 or after that date, you may be a subject to a period of conditional permanent residence meaning that, if you cohabited with your husband for less than 2 years since you were granted a permanent residence status (landed in Canada), you are in a breach of conditions and your PR status may be revoked. If your application was submitted and received before the new rules came into force, then your divorce will not negatively affect your status.

Permanent Residents who left Canada and want to return back with the expired PR card

Q: Sir, I am Syed Hashmat Ali, I was registered from Dubai for Canada immigration. I got Canada PR in 2009 . After staying for a month , getting my PR card, SIN card, learners driving license I did not go back to Canada. Now my PR card expired in April 2014. I did not met the residency obligations. I want to go to Canada now, considering my case please advise what need to be done for allowing me entry into Canada. I am now in India ( Hyderabad) , please advise with your vast expertise in these cases. Thank you Regards, Syed

 

A: The only way is to apply for a Travel Document for returning to Canada at the Canadian consulate or embassy in your country. I believe it is in Bombay. If you are refused then you will be having rights to appeal the negative decision to the Immigration Appeal Division in Canada (it is recommended only if you have humanitarian and compassionate grounds.
You may wish to come to Canada as a visitor, but you have to apply for a Travel Document first as formally you have not lost your PR status yet.

 

How to satisfy immigration authorities you will leave Canada after your studies

Q: to obtain study permit to canada for an indian national applied from uae my visa got refused due to 2 reasons 1.how do i show that i have sufficient financial resources without working in canada to pay the cost of transporting myself,is it the itinerary or bank funds.if it is the bank funds approx how much should we show for the same 2.how can i satisfy the immigration officer that i wld leave canada at the end of my stay through my personal assets and financial status.what proof shld i show for the same

 

A: In assessing your situation, the immigration officer looks at all supporting documentation you presented along with your application forms. Financial ability to support your studies is a very important point in deciding whether or not to grant you entry to Canada. You may show your bank statements, your salary you receive from your work in your native country, etc. It does not matter what type of a document to present, but it is important to demonstrate that the funds are available for you to pay for studies, accommodation, food, and other needs. Ties to your home country is a key element in determining whether or not you will leave Canada after your studies. Other factors may play role too therefore it is important to obtain legal advice before submitting your application to the Citizenship and Immigration Canada. Call our office for a consultation.

Returning Permanent Residents Challenges

Question: Hi, I came to Canada in 1998. we lived here for 2 years & half. I was a kid that time. we moved back to my country because of some family issues. I lived with my father that is a Canadian Citizen. then in 2011 I came back to Canada again with a (permanent resident) travel document. I fill out application to renew my PR card. After 9 months process I got my PR card. So I started my life again in Canada. I worked, I studied. I did my tax every year since 2011 and there was no problem. everything was fine until a week ago. I applied for OSAP for my college. I got a mail from OSAP that my SIN is not valid. So I went to service Canada to see whats going on!! they said that investigator will call me in 5 days. I really dont know what is going on and this is driving me crazy! my life is almost on hold because of this situation. I cant study because I need the OSAP to study. I have postpone my classes to see what will happen. I’m concern about this and I like to know why would this suddenly happen? what will happen next? What should I do to reactivate my SIN again? Does this invalidation has effect on my resident? Thanks so much.

 

 

Answer: It seems that officials are already investigating the matter, so you have to be patient.
A restoration of your SIN might take some time, so I would suggest you to approach OSAP officials and explain them the situation and ask to make special considerations in providing you with financial support before you have your SIN.
If you need legal assistance (we can draft an Affidavit for you explaining what happened to you and possibly contact Service Canada with request to expedite the process of the issuance of SIN)

The Application for a Student Visa and Accompanying Family Members / Spouses

Question: Hi, I applied for study permit and got the study visa for Canada. I want my husband to accompany me as i didn’t mention it in my application that my husband will accompany me. My husband is an Italian national and he doesn’t need TRV. My question is that whether my husband can accompany me to Canada and at the port of entry there is no any problem for me and him. Will they give him the open work permit or only permit him to visit Canada. Please guide me what should we do at this point? Is it in our favour that he will accompany me or not. Thanks, Anna

 

 

Answer: Your spouse or common-law partner may apply for a work permit if you are a full-time student at:

  • a public post-secondary institution, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec
  • a private post-secondary institution that operates under the same rules and regulations as a public institution, and receives at least 50 percent of its financing for its overall operations from government grants (currently, only private college-level educational institutions in Quebec qualify) or
  • a Canadian private institution authorized by provincial statute to confer degrees
  • you have a valid study permit.

If your husband was an accompanying member of your family, he would be eligible to apply for an open work permit.

 

Follow up questioning: Thank you Angelina but My husband didn’t apply at the time of my study permit application but as an Italian national he is traveling with me without visa. Is he still eligible to accompany me and can apply for open work permit at the port of entry.

 

Answer: You did not include your husband in your application therefore officers at the border will not have a jurisdiction to include him now into your application. Unless they use their discretion and amend your student application. You have to keep in mind that your husband may only be eligible for an open work permit, if he is included in your student visa application.

Did I lose my permanent resident status?

Question:       Hello, I have a few questions about giving up (my parents) permanent residence status from outside Canada. 1. I’ve read that you can give up PR by applying for a travel visa and presenting your expired PR card at the same time. 2. I was wondering if question 1 is valid? If it is, since my parents still has bank accounts, real estate property in Canada, how do they severe the ties (close bank accounts or transfer property), are those procedures able to be done by me with possibly an affidavit from my parents? 3. If the above question are positive, is it better to wait until the PR expires in Feb 2015, then severe ties (deal with house before giving up, so only bank in this case) and give up PR, or is it better to deal with house, bank and PR (in sequence) ASAP? 4. Since my parents have only done tax filing as non-immigrants once, and have lived in Canada for no more than 6 months in 5 years in total, is there any tax/other benefits that they enjoyed as permanent residents that need to be paid attention to/taken care of?

 

Answer:         Yes, it is true that your parents will officially lose their PR status, if they receive a letter refusal on their Travel Documents.

Some permanent residents are under the impression that, if they are absent from Canada for more than 730 days in a five year period, they lose their status automatically. It’s not the case under the immigration laws in Canada. To “officially” lose your status, you have to apply for a Travel Document to return to Canada (you left Canada a long time ago and of course, your PR Card is no valid anymore, therefore you need a Travel Document to “return to Canada”). The officials (a Canadian Consulate or Embassy in your country), by sending you a refusal (if they refuse), confirm that you officially lost your PR status.

It is hard to give you legal advice on what to do first, to officially lose status and then dispose their Canadian property, or vice versa because each transaction is governed by different type of law and/or regulations.