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.

Immigrating to Canada is not a right, but a priviledge

Question:         Hi,my name is Roya. I am from Iran. I applied more than 7 years ago for immigration to Canada as a federal Skilled Worker, unfortunately my application was cancelled after 5 years  because of backlog reduction , but at the same time ,I was selected from Ontario province under  Provincial Nominee Program in 2012. I did all the steps that they had wanted but suddenly 4 days ago at a final stage, I received a letter indicating that you are not our nominee anymore because of 0.5 score in your IELTS test. It must be 6.5 but my score was 6. This was a primary condition which they did not mention it and although many different offices reviewing my documents but they had not concerned about this lack of score but after doing Quality Assurance exercise from CIC, they found it. It was like a disaster for me and my sons. I had planned to move to Canada, so I had to get some important decision in my life. I have been divorced because of immigration. I could not renew my passport because my ex_husband had banned me to travel based on Islamic rules and only divorce could rescue me so I had to donate all of my rights like alimony,… to be able to get divorce. When I got the medical examination on Feb. 2014 , I found that my application process will be complete in 6 months ,so I quit my job. I have been retired on Aug. 2014 in my request 9 years prior to actual time. During these two years I and my sons have attended in several different courses to improve our skills and abilities to settle there. We have spent lots of money and time. I lost all my opportunities in my country because of immigration and now they destroyed my dream palace. I sent several e-mails requesting a chance to be able to attend in a new IELTS test to prove my English skills but I have not received any reply.Please let me know how I can overcome this issue. I will appreciate your favor.

 

Answer:           Unfortunately, nothing can be done in this situation because our immigration law sets out rules and follow them. The only thing the immigration officer could do is to use their discretion to grant your application based on other factors, but they, for some reason, did not do it. Our provincial immigration officials have rights to nominate candidates based on their guidelines. The bottom line is that immigrating to Canada is a privilege, not a right.

Criminal charges and their influence on travelling

Question: I have a drug possession charge in another country does that mean I cant travel to the united states anymore?

 

Answer: If you have an outstanding criminal charge in any country, you might be prohibited by the US immigration with the entry. I would recommend you to obtain a Clearance Certificate and/or Court Report from the country where you were charged and approach a US Consulate for their permission before you travel.

If someone is in jail and in meanwhile his permanent resident card expires, does it mean that they deport him? The police charged my husband and he has to spend years in prison but he is not a citizen.

Answer: No, the expiry of your husband’s permanent resident card (PR) will not trigger his deportation. PR card is given to permanent residents in Canada for the purpose of using it when they travel outside of the country. If they stay in Canada (even though in detention) they do not lose status. Having said that, your husband might lose his permanent resident status (and his card is of no relevance at that point), if he is convicted of a serious crime.

Work Permit of Spouses or Common-Law Partners for those who are holders of post-graduate work permits

Question: I am an international student in Canada. I am done with my studies and now on work permit for 3 years. Can I marry to a guy in India and bring him here.

 

Answer: Your husband can apply for an open work permit and join you in Canada for the period of validity of your post-graduate work permit. Your husband applying for the C41 exemption, will need to attach a copy of your work permit to his application for an open work permit. Your husband will also need to provide information about your employment by attaching supporting documents including:

  • a letter from your current employer confirming employment or a copy of your employment offer or contract; and
  • a copy of one of your payslips.