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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 am a 2nd year PhD international student. I have about three years more to go. I have tried several times to get my wife and son to join me here in Canada, but each time that they make the visa application, it gets rejected. Please, what can I do as an international student to get my family to join me? What are my rights, if any?

Peter, Montreal

Dear Peter:
In answering this question, I am going to assume that you were married when you made your application.  If you were married, and failed to inform immigration you could find yourself with additional problems concerning your own Student Visa. If you had told immigration you were married, your wife and son should have been issued a Visa to come with you.  You have provided me few facts so I will simply state that, generally, you should not have had a problem, but I am not aware of the specific reason your wife and son were turned down.  Canada Immigration takes into account many factors and it would be best for you to bring this matter to a competent lawyer or a consultant who is a member of CSIC for advice on how to overcome the rejection in this particular case.  Good luck!
Dear Bruce: I was born in Canada sixteen years ago, but my parents were deported from Canada when I was ten years old. Currently I am in High School. Is there a way for me to bring my parents back to Toronto or at least just one of them?

Jessy, Toronto

Dear Jessy:
It would appear from your brief letter that both you and your parents spent ten years here in Canada.  Your parents were deported and hopefully you remained behind with relatives who have provided a good home for you.  Unfortunately, there is nothing that can be done as far as you are concerned.  To sponsor one or both of your parents you must be 18 years of age and have the necessary income under the sponsorship guidelines.  To sponsor one parent you need to prove that you have a minimum income of $19,261 and for both parents the income has to be$24,077. Parents who are deported and leave their Canadian children behind must be aware of the tremendous emotional loss suffered and weigh this against the future needs of children like Jessy.  I hope you have been able to spend a lot of time with them during your vacations from school by returning home to visit.  Since you are a Canadian, you will have the right to sponsor your parents, but I would hope you complete your education rather than dropping out of school at this “magical” age of 18.

Dear Bruce: My name is Yaw. Three years ago I met young lady in Kumasi, Ghana and I sponsored her to come to Canada. Now, after only three years of marriage, this lady wanted a divorce because she claims she doesn’t love me anymore and that she only needed a means to come to Canada, therefore she used me. I have also been told that she has a man in Ghana whom she wants to bring over. Please, can I send this lady back to Ghana? I signed to sponsor her for ten years. What will be my responsibility if she leaves me to marry another man?

Yaw, Toronto

Dear Yaw,
This is a typical letter, one of many that arrive on my desk.  Some may disagree with my answer and, in particular and strange cases, they may be right.  You are not in that category.  Mrs. Wonderful came from Kumasi and spent three years with you but, in your own words, is no longer in love with you.  She loved you once and, in most cases, it can honestly be said that marrying a man from Canada you love is exciting and, as a secondary benefit, you get to come to Canada.  That is the good news. Now, for the bad news, Yaw.  You are responsible for supporting your wife for another seven years and your sentence won’t end until 2009.   If your wife goes on welfare, you will be required to pay the government AND if you try to marry a person who must be sponsored, you will be required to repay welfare in full or your sponsorship will be denied. The fact that your wife remarries is irrelevant. Canada Immigration, which ignored these agreements for years, is now enforcing them in full.

Dear Bruce: I came to this country from Nigeria. I’m yet to make a refugee claim. Some friends are advising me to make the claim in Montreal and not in Toronto. Please, advise me if there is an advantage in processing my claim in Montreal.

Baaba, Mississauga

Dear Baaba,
This country is filled with every possible rumour and advice on what should or should not be done and sometimes I begin to think that everyone is convinced that they have a solution to every immigrant’s problem.  Whether they do or not seems irrelevant when you are a jack of all trades.  You are “window-shopping” for a place that is more likely to accept you or not.  There is no harm in this.  If you make your claim in Montreal, you will have to reside there and the process is quicker than in Toronto. Your claim’s outcome is based on your story and not on the location it is heard.  It is true that a scandal in Montreal involving bribery has led some people to spread false news, but I have every confidence in the Minister of Immigration’s determination to ensure this never happens again.  Is the scandal the possible source of why you write?  If it is, forget it and get on with your life in Toronto.

Dear Bruce: My problem is huge. About three years ago I lost my entire immigration claim. I went to the Supreme Court and applied on Humanitarian and Compassionate grounds, upon which I lost. Finally, I was asked to report at the airport to be sent back home, but I failed to report and went into hiding ever since. Three days after I moved from my old address, Immigration came looking for me. After almost 3 years in hiding, Bruce, what do you advise me to do now? I don’t have any criminal record.

Kofi, Hamilton

Dear Kofi:  I will assume, Kofi, that your letter describes the fact that you came to Canada, made a refugee claim, you failed that and, possibly, appealed and that the appeal was denied. Thereafter, you filed a Humanitarian and Compassionate application, which was denied and you then were ordered to report to the airport. You appealed to Federal Court your looming deportation, but that was also denied.  Your case is not at the end of the road and you need help, and quickly.  You have been in Canada for six years, have no criminal record and possibly you may now qualify for Humanitarian and Compassionate Consideration.  When you were asked to report to the Airport three years ago, the law was different. You are now entitled to a Pre-Removal Risk Assessment and during that process you can obtain a work permit.  I trust this is good news for you.  I like to give good news to people who have worked hard in this country and have so many dreams and I always tell my clients never to give up on that dream.  But, Kofi, seek competent advice NOW before you make any moves as I do not have all the facts in your case.

Dear Bruce: I heard there was going to be an amnesty?  Is this true?  Signed, Kwasi

Dear Kwasi: Like I was telling Baaba, rumours fly.  No, there will NOT be an amnesty.  This is even more definite with a minority government, since this is hardly a priority at this time. What you have heard is the fact that the Minister will announce a special program, but the requirements will be quite specific and job oriented.  For example, if you are in the construction industry, which is a high demand category, where the industry cannot find Canadian workers, you might be in luck.  Further, it may also be limited to only 10,000 applicants. However, you should be aware of this as should all people without status, just in case they qualify.  Also, there will probably be a very short time limit imposed for applying.