By Attorney Henry Moyal
NEW IMMIGRATION LAWS WILL EASE ENTRY FOR VISITORS
Q. I am a hard working nurse and my schedule does not permit me to visit my family back in the Philippines very often. I therefore thought that the easiest way to see my family would be to have them visit me. I am willing to pay for all medical and airline fees and they will reside with me at all times. I sent several invitation letters to the Canadian Embassy in Manila to have my only sister visit me but she is constantly denied. I do not understand why and it does not seem fair.
A. What might appear to be unfair to you is actually Canada Immigration telling you that they are not entirely convinced that your sister will return to the Philippines after her vacation. Is she single? young? These can be factors that demonstrate that she does not have strong ties to her home country and hence a refusal ensues.
You did not mention how many times you applied for a visitor visa. While the application fee is only $75, in my view save the $75 if you are simply sending the same information over and over again. Do not apply over and over in a short period of time if there are no new circumstances.
However, there is good news ahead. A new bill, called Bill C-283, is now at the committee and may become law soon. Essentially, Bill C-283 lets people post cash as a bond for visitors to come to Canada. Under the proposal, the person using a bond is barred from applying for permanent residence in Canada and they cannot work or study. As well, there is a stipulation that the person must report to a designated officer in their home country within one month of their return or the bond will be forfeited.
By way of comparison, other countries have used the ” bond method” and have been pleased with the results. In Australia for example, they had about 25,000 applicants in the first four years of their program and have had a 2% non-return percentage.
If Canada adopts the same program, it would certainly help people like you who have the means to put a bond and to essentially guarantee that a relative will be able to visit.
Q. I am married to a Canadian Citizen but I do not have status in Canada. I read that there is a new program that permits me to file the case inside of Canada. Unfortunately, before the law was announced, I already sent an overseas spousal sponsorship application. I know I will have to exit Canada to get that visa but I do not want to leave my wife.Also, there is no guarantee that I will be able to return if I leave. Can I have two cases ongoing and file a new application inside Canada?
A. No. The laws do not permit multiple sponsorship applications. You would have to withdraw the first one and start an inland sponsorship if that is the route you prefer.
Q. My niece in the Philippines has just completed her Master degree. She is fluent in English and is about to be married. Is it better if she applies for permanent residence as a single or married person?
A. I obviously cannot advise anyone to get married to boost up their case. However, under the laws, a person who is applying for immigration will obtain additional points for educated accompanying spouses. That is assuming of course that your niece is the main applicant. Your letter does not give sufficient information on her work. She would require at least one year of full time work experience to be eligible to apply.
Attorney Henry Moyal is a certified and licensed Immigration Lawyer in Toronto, Ontario. The above article is general advice only and not intended to act as a legal document. Send questions in confidence to Balita or to Attorney Moyal by fax, mail or email canada@moyal.com
Subscribe to Immigration Newsweek
