Bruce's iMMIGration Cafe

 

  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 friend was born in Accra and went through a customary form of marriage in Asamankese in the Eastern Region where he lived.  The marriage was never registered and he moved back to Accra.  He applied to come to Canada as a skilled worker and arrived here in 1998 as a single male. 
He later married a woman from Asubao and applied to sponsor her, but when she was interviewed she told the Immigration Officer she had first met my friend at my friend’s customary marriage ceremony.  Now Canada Immigration has written to him and wants to take away his permanent residency.  Is this possible?  
Signed, Justice Oppong


Dear Justice.  Your friend is in trouble.  Customary marriages from Ghana are recognized in Canada and your friend should have disclosed his status at the time he made his application to become a landed immigrant. He was not a single male, but a married man, even though he did not live with his wife (which is my understanding from the facts you have given me).  Under the Immigration Act, this amounts to misrepresentation and he can lose his permanent landing, be deported, and cannot reapply to come back to Canada for two years.  Sorry, Justice but it is important that when a person applies, he or she ensure that all the facts included in the application are true and accurate, as the consequences can be devastating.

Dear Bruce:  I came to Canada in 1992 as a landed Immigrant from Lagos, Nigeria.  When I was sixteen, I was found guilty of stealing from a store owner and I never declared this to Canada Immigration.  After I read in the newspapers about people being deported for misrepresentation, I began having nightmares.  Should I confess to Immigration after all this time, so I can have peace? 
(Name withheld)

Dear Name withheld:  Sleep in Peace.  You were a minor when you committed this offence and, even though it was a criminal offence and you failed to disclose it, you fall within an exception under the Immigration Act because of your age.

Dear Bruce: One of the women in my Parish came to see me and told me that her husband had withdrawn his sponsorship of her because he no longer loves her and wants her to return to Tamale, Ghana where she was born.  She has two Canadian born children by her husband, but he wants them to go home with her.  Can anything be done? 
Rev. Joseph Williams

Dear Reverend: The withdrawal of the Sponsorship is not fatal.  She should immediately file for permanent residency based on humanitarian and compassionate reasons.  A Senior Immigration Officer will look at all the facts and, subsequently, grant her an exemption and she can proceed to be landed, even though the husband opposes it.  Remember, however, that this is a discretionary power that the Immigration Officer has and it is important that all the facts be presented.  In my opinion, she would be allowed to stay. 

If you want to write to Bruce, you may send your letter care of the Ghanaian Mirror, you may fax it to 416-932-1844 or you may email it to bruce@perreaultandassociates.com.