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Bruce Perreault, B.A., LL.B, K.H.S. is a graduate of The University of Montreal (Loyola College) and of McGill Law School.  He practiced law from 1975-1989.  For over twelve years his practice has been handling exclusively Immigration matters.  He is a member of CSIC and the Canadian Bar Association.

Dear Bruce: My girlfriend and I got married about two years ago. She is a Canadian citizen. I don’t have my papers yet, it is still being processed. My girlfriend, who is now my wife, has been seriously abusing me. In fact, I am at a point where all my friends and even my pastor say we have to separate, but my wife says if I should go away, then I should as well kiss my papers good-bye, since she will withdraw my sponsorship. Please, I need the papers, but I don’t want to die before the papers come. Can you please give me your legal advice on this? Thanks.

Kwame Opong, Toronto

Dear Kwame:
 You should NOT have to live with a woman who is seriously abusing you, regardless whether or not you have your “papers”.  I assume you married her because you loved her and she, because she is a Canadian, feels free to smash you, trash you and enslave you, all over your lack of status.  Your Pastor and your friends are right.  You should pack your bags (make sure the bags are yours and contain only your personal belongings and not any of the joint wedding gifts) and take the first subway to a friend’s home or, if desperate, to your Pastor, who can find accommodation for you. 

You did not tell me how far your papers have progressed.  You don’t tell me whether you are in status in Canada or you are illegal.  These factors are important to know so, despite the fact that I will give you my best advice, you must seek professional help quickly.  Your desire not to die while you are waiting to be landed in Canada is understandable, especially at the hands of a wicked and inconsiderate Canadian Lady.  Death should not be your alternative.  Honesty should.  If you have been approved-in-principal (and were IN STATUS), contact the CIC office that granted you approval and tell them what happened.  Ensure you have proof to back up your claim.  If you were approved-in-principal and had NO STATUS, run quickly as there is nothing this despicable Canadian Lady can do.  You are free from her! If you were in status and it was truly a marriage sponsorship, you might want to consider filing without delay a Humanitarian and Compassionate Application.  You would probably succeed.   In dividing up the wedding gifts, make sure you obtain all weapons lest they be used by this Canadian against you.   My final advice is to be SAFE and run and follow instructions later.  My heart is with you.

Dear Bruce: How do I sponsor my two unmarried siblings, who want to come to Canada? They are over 30 years old and are unemployed. Our mum, who is 65 years old, lives with me here in Hamilton. She is a permanent resident in Canada. However, she has never worked in Canada. Is there any way for me to help these guys at home? Thanks

Addo, Hamilton

Dear Addo:
Sorry, you cannot sponsor your two siblings to Canada.  Your Mother cannot sponsor them, as they are not dependent on her.  Your Mom is unemployed and doesn’t work and probably depends on you.  If you want to help your two siblings back home, send them back to school to learn a trade or upgrade themselves in a field that might one day allow them to come to Canada as skilled workers.   Good Luck!

Dear Bruce: I have been sent a letter a few weeks ago to report to be sent back home to my country of birth.
I have been assured that I can reapply and come back with my papers. I am concerned about the chances I would have to be allowed to return. I am aware of two individuals who were sent home over two years ago with the same promise and they are not back. Please advise me on what I should do.

Owusu, Scarborough

Dear Owusu: Not everyone will agree with my advice in answer to your question, but a letter from Canada Immigration advising you to return to your country of birth and re-apply is basically correct.  The operative word is “may reapply”.  Your words “will be allowed back” are mainly wishful thinking on your part.   Anyone may reapply back home; most never get back. Those are the statistics.  I know nothing about how you came, how long you have been here and what has happened, so it is hard to give you any further advice. Be wary of letters that say you can come back. That is a discretionary power granted ONLY to Senior Immigration Officers in the country you come from and even if you were in  possession of a letter from The Minister of Immigration stating that you could return, it is still subject to that discretionary power of the Officer who acts in a quasi-judicial manner.  No Member of Parliament, Cabinet Minister or Prime Minister can interfere in the decision.  If they did, and it has happened even to an Immigration Minister, the person so attempting to peddle their influence is either (or should be) fired by the Prime Minister or removed from office by the Parliament of Canada.  This does not mean to criticize either the Prime Minister or The Minister of Immigration as they both are to intelligent to involve themselves in this type of activity.  Seek help from a Licensed Member of either CSIC or of The Law Society of Upper Canada and, in either case, someone who specializes in Immigration only.

Dear Bruce: I have been reading your column in the Ghanaian Mirror and I love it. My case is as follows: I came to Canada three years ago from Kenya – East Africa. However, I used a Liberian passport to get into Canada and further made a refugee claim as a Liberian national. Three months ago I lost all my claims, even the Superior Court turned down my application and I lost all my H&C’s. Currently, my file is at the deportation enforcement centre. Bruce, I am not a Liberian, I don’t know anybody from there. If I should be asked to report what do I do? Also, if I should be sent to Liberia and they find out that I don’t come from there, what will they do? As of now, I am not ready to reveal my real nationality. Please advise me ASAP. Thanks.

Daniel, Montreal

Dear Daniel,
Thank you for your kind words.  Your question leads to an answer you will not like.  You made a claim in Canada as a refugee from Liberia and lost.  You lied and lost.  Now you want your lie to save yourself!  You could tell the truth and advise the removals officer of your real nationality and they will send you there. Removals officers (also known as Expulsion Officers) do have a heart and will overlook your lie and send you on a plane bound for your own home country.   The issue of whether or not you “are ready to reveal your own nationality at this time” is a sad reflection on your own character.  Failing to reveal it, you will end up in Liberia.  You may not want to be there…not right now, anyway. Smarten up!  It will soon be too late! The streets of Monrovia are not very friendly.

Dear Bruce: I am a visitor from South America. I do come to Toronto two or three times a year to visit friends and do some business. I have been thinking about the possibility of moving my family to settle in Toronto, while I will be living between the two worlds. Money is not a problem to me. Please, what do I do and where do I begin? Thank you.

Roberto

Dear Roberto: From your letter it looks like you are a successful businessman who can apply to come to Canada either under the Investor Program or as an Entrepreneur.  Both categories have special requirements, too many to list here.  The Investor category buys you a Canadian Passport if you have $800,000.00 and can invest $500,000 in Canada.  If I had this kind of money, I’d invest it along a beach in Hawaii and enjoy my life.  The second category is that of entrepreneur.  You must, inter alia, prove that you are a successful businessman and can start a business here in Canada that provided jobs for Canadians. In either event, Roberto, you should get professional help from a licensed member of CSIC or a licensed member of The Law Society of Upper Canada.

Dear Bruce: My nickname is Sunday. My life has been filled with sorrow. I came to Canada 22 years ago with my wife, who was born in Ghana. We have always been illegal. Seven years ago my wife died as a result of a car accident on the way to Church. We always worked hard, paid our taxes and we have no criminal record. We have four children. They were all born here. Our oldest boy is 22 and is employed full time with Bell Canada. He is single. My youngest three are all in school. They are aged 8, 10 and 14. They do well at school and have received many awards. I am working full-time (without papers) and provide my children a good home and my oldest son and I just bought a house, although it is in his name. I love Canada and I want to stay. What can I do?

Sunday, Toronto

Dear Sunday: Your letter is sad, but there is good news for you.  You claim you came from Nigeria 22 years ago with a wife from Ghana.  You were both illegal at the time of arrival and you remain so.  She gave birth to four Canadian children and your oldest is now 22 and is employed with Bell Canada.  Have him sponsor you on Humanitarian and Compassionate grounds.  You are needed to raise the younger children and the tragic death of your wife will be considered.  You have been a good “Canadian” and deserve that the suffering end.  File your papers in Canada with your son being the sponsor and put a smile on your face.  Canada is a big, warm country full of compassion for people such as yourself.  Do not worry.