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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:  I need your advice. I came to Canada in 1985 from Nigeria and was living in Montreal. In 1991 I was ordered to leave the country because my refugee application was refused. So I moved to Toronto, where I have been living ever since. I have been a good citizen, never had any problems with the law and do work with a friends papers. I was even able to visit Nigeria twice with the friend’s papers. Bruce, is there a way for me to do my papers again? I love Canada and I want to stay here.
Signed, Fomi Olu

Dear Olu:  Sorry, you have not been a good citizen.  Both you and your friend have been breaking the law!  What you did in leaving the country on false documents and re-entering Canada on false documents is NOT what I would call “being good”.  However, you were not caught and I will leave it at that.  Don’t try it again!   You have lived in Canada for almost twenty years.  You have not given me much information to go on, but I assume you don’t have a criminal record (or, if you did, have received a pardon).You have integrated into Canadian Society and have made a positive contribution to this country. You are entitled to file a Humanitarian and Compassionate Application to ask that you be granted an exemption from applying in Nigeria and, if an Immigration Officer approves your request for exemption, you may be allowed to remain in Canada, receive your Permanent Resident Card and go on to citizenship.  There are many factors however that a lawyer or an immigration consultant (Member of CSIC) would have to assess prior to giving you more of an indication of whether or not you would succeed.  I would recommend you seek that advice without delay.  Presently you are under a Deportation Order and, if you are caught, you could be removed to Nigeria rather quickly. Good Luck!

Dear Bruce: While in Accra in the summer of 2001, my parents gave me a lady who had one child to marry, which I did. During the time that I was processing her sponsorship application, she requested that I include a 15-year old boy, who she claimed to be her older sister’s son. A few months ago I got to find out that the older child was hers. I therefore asked my parents to dissolve the marriage, since I could not trust her. But sadly for me, before I informed Canada Immigration that I was withdrawing the sponsorship, she had been given her landed papers together with the kids. However, she has come into Canada alone, staying in Ottawa, with the kids yet to come. Please advise me what to do. I have informed Canada Immigration to look out for the kids and refuse them entry. Can I also send the lady back if I am able to locate her?
Signed, Kofi Prince

Dear Kofi: This month’s column seems to contain a lot of “you were bad” advice and, like Olu from Nigeria, the person who caused the problem was yourself.  You lied to Canada Immigration when you sponsored your wife, or at least you thought you lied.  Your wife told Immigration the truth that she had two children and all three were granted permanent resident visas to Canada.  What has she done wrong?  I am assuming, for the purpose of your letter, that this was a bone fide marriage, since you give me no cause to think otherwise.  There could be a serious penalty for you to pay in the future.  You say your wife is now in Ottawa and, if she was on welfare, you will NOT be able to sponsor another wife until you have repaid welfare and fulfilled your sponsorship obligations.  Unless you have left out something relevant, I don’t see why Canada Immigration would stop the entry of these two children.  They are innocent and their mother is already here and, since she did not misrepresent herself, she is home free.  Kofi, sorry about this, but you should not have participated in what you thought was fraud to deceive the very country you now live in.  There is an old saying “what goes around, comes around” and you may be paying for this for a very, very long time. 

Dear Bruce: I came to Canada in 2001 from Nigeria and made a refugee claim. In the summer of 2002 I got married to my wife, a Canadian citizen. She tried to sponsor me that same year. Unfortunately, the CIC refused our application, saying that I cannot be sponsored within Canada, because I have no temporary residence.
In March 2003 I applied for permanent residency in Canada on Humanitarian and Compassionate grounds.
In February 2004 I had my refugee hearing, which was negative. My appeal was also refused.
In July this year we should be celebrating our second wedding anniversary and our daughter’s first birthday. I do not want to be separated from my family!
My questions to you are:
Will CIC still ask me to leave because I failed the refugee claim?
Does my Humanitarian and Compassionate Application
Am I entitled to a new work permit when my current one expires?
Signed, Fred

Dear Fred: CIC is correct. If you have status in Canada, for example you are on a valid visitor visa or a valid work permit, a Canadian citizen or permanent resident may sponsor you and you may remain in Canada during the processing of the application. There is now a deportation order against you, but you are still entitled to a Pre-Removal Risk Assessment (PRRA) and, while the assessment is conducted, you are entitled to apply for a work permit. However, the PRRA is not something that is done upon your request. Canada Immigration must call you and serve you with the documents that allow you to make such an application. They will call you for PRRA in due course.
You have not indicated which CIC centre has your file, but Humanitarian and Compassionate Applications can take up to three years to be heard. To answer your question directly, yes, CIC will ask you to go home and have your wife sponsor you. However, both you and your wife have to prove that this is a bona fide marriage and YOU did not enter into it for the purposes of remaining in Canada.
The Humanitarian and Compassionate Application DOES NOT take precedence over your failed refugee claim. The Federal Court has ruled that you must go home, even if Canada Immigration fails to hear your Humanitarian and Compassionate Application.
In connection with your last question, regarding your eligibility to obtain a work permit, you are not entitled to a work permit once your refugee claim has failed or, in the case of an appeal, after your appeal was dismissed.
Finally, I understand you do not want to be separated from your wife and child and, provided your Humanitarian and Compassionate Application is heard prior to your removal, there is a chance that you are allowed to stay. Many factors will be considered by the Immigration Officer and I trust you have filed those reasons with your application. You sound like a nice chap and maybe your Humanitarian and Compassionate Application will be approved and, if you have not been deported before, you will be allowed to stay, provided you meet the medical and security criteria. I wish you all the best.

 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.