Bruce's iMMIGration Cafe

 
BRUCE’S IMMIGRATION CAFÉ APRIL 1, 2004 (MARCH EDITION)

 

Dear Bruce:  My father came to Canada in 2000 after I sponsored him together with my mother.  Unfortunately, they arrived here in winter and found it very cold and returned toTema with intentions of returning to Canada some four months after they arrived.  I purchased a ticket for them to come and spend the Easter Holidays with me and their two grandchildren.When they attempted to Board the Airline they refused as they did not have a Permanent Resident Card and only had their Landed Documents with them. We were told by a lawyer that all they had to do was to return to Canada and apply for a Permanent Resident Card and then they would be free to travel when they wanted. Was the lawyer wrong?  What can we do now?

Kojo Frimpong

 

Dear Kojo:  The lawyer was wrong and there is nothing that you can do. Your parents failed to meet a deadline to obtain their Permanent Resident Card which was obligatory for them as they were outside Canada.  They have lost their immigration status and an attendance at Accra’s Canadian High Commission will result in the seizure of their landed documents should they provide them.   If you want your parents back, you will have to re-sponsor them BUT be aware that this could take years and there is no guarantee they will every get back.  I am sure you loved your parents and this is very hard on you.  However, you mom and dad may indeed have suffered from the cold weather and maybe, just maybe, they are happy they do not have to suffer from it again.  I wish them and you well.

Dear Bruce: I have been studying in Vancouver for the past two years.  I am a married man with three children. To sponsor my family here has been hectic.  Their application has been refused for the second time in a row back in Ghana.  Is it something I am doing wrong or is it because I agreed to go back home after my four years study here in Canada?  Also, I have another child from my previous marriage. His mother died when I was still studying in Cape Coast University in Ghana. The child lives with her grandparents in Accra.  Is it possible to bring her along with the rest of my family as they continue to live separately in Ghana?  Please advise.
Joseph, Vancouver

Dear Joseph: You are entitled to bring your wife and children PROVIDED you can prove that you can support them here.  You are asking to bring 5 people to Canada and in order to support this family you will need to show financial ability to support them.  If you are wealthy, this should not be a problem.  If you are the typical student it is a problem.  I do not know your circumstances.  Is this not the basis of your problem?

 

Sir, I have been reading your Café ever since its inception.  My wife and I have been divorced for a period of over seven years now.  My wife is remarried and is living with her husband.  I have a girlfriend in the States and I sponsored her as a fiancé to come to Canada where I will marry her.  This was refused!  Would it be because my former wife is using my name or did not register her marriage?  Could you give me any reason why?
Wilberforce, London, Ontario

Dear Wilberforce:  The answer is simple.  You no longer can sponsor a fiancé.  You will have to marry her and then sponsor her.  Because you applied to bring your fiancé here, she will be unlikely to obtain a Visa to come here again as you have shown your cards and Immigration knows her true intention is to remain in Canada.  The issues with your former wife are irrelevant.

Dear Bruce: I am eighteen years old and still in school.  My father sponsored me when I was only eight years old with his wife who is my stepmother. I would love to bring my mother here and my little sister, A. Adwoa.  A friend told me, as long as I am eighteen years of age, I can sponsor my mother and sister.  Is this advice correct?

Jemima, Montreal

 

Dear Jemima: The answer is yes and no.  You may sponsor someone because you are eighteen provided you meet the financial requirements.  Since you are in school, you probably will not.  You cannot sponsor a sister.  What happens is that, provided your mother can come, your sister is a dependent and little sister comes with her.  I would suggest that you study hard and complete your studies.  Then find a rewarding profession and sponsor mom and sister.  Good luck!

Dear Bruce: I have lived in Canada for six years.  Three years ago, I was able to bring my wife and two kids here.  We are all illegal.  There is something that I cannot disclose to you but very soon my application for permanent residency will be granted.  My immediate family’s application has been rejected and they have been ordered deported.  What could I do to save this situation?
Anthony, Brampton

Dear Anthony:  I think I have figured out why your silence and failure to talk is there.  You made an application for yourself and NOT your family and Immigration does not know of their existence and you probably failed to inform immigration that you have a wife and children.  This is fatal.  This is misrepresentation on your application, and even though you may receive your Permanent Resident Card and, even, Canadian Citizenship, it can all be taken away from you because of what you have done.  I implore you to seek Professional advice from a Member of The Law Society of Upper Canada or a member of CSIC, both being licensed to practice Immigration and represent you.   Finally, tell whoever you consult the truth.  This is confidential and you do not have to afraid.  There may be a way out. 

Dear Bruce:  I was living in Montreal a few years ago.  I have now moved to Toronto but my papers are in Montreal in initial processing.  What can I do?
Eugene, Toronto

Dear Eugene: You must hire Professional Advice as outlined above.  Your file can be transferred to Toronto provided you do not procrastinate.

Dear Bruce: Our Church in Ngeria sponsored me for a continuing education program in Canada for four years and I have almost completed my course.  I do not want to go back.  Is there a way that I could jump this cue?
Gbadaga, Edmonton

Dear Gbadaga:  I am not sure what you are studying.  If it is a degree or certificate that appears on NOC (meaning a job that is on a list that is acceptable to Immigration) you are entitled to obtain a one year work permit in the field that you have studied only.  You might be able to qualify under the point system to immigrate to Canada by applying to The Buffalo Processing Centre and your application can be dealt with there since you entered Canada legally and have been here for more than one year.