Immigration Newsweek
Immigration Newsweek
By Atty. Henry Moyal
- I came to Canada as a visitor. Soon after arrival, I looked for ways to remain permanently and become a permanent resident. I found a company who would hire me. This company told me that they had a consultant that would help with a job offer and apply via the Ontario PNP Program – Offer of Employment stream. I paid $10,000 to get the job offer approved. After three months Ontario PNP office approved the job offer and my permanent resident application was sent to CPC, Sydney for processing. It is still at CPC, Sydney. Then last week, out of the blue the company said they were downsizing and could not hire me. Do I need to tell the Ontario PNP office about this? Do I need to inform CPC, Sydney about this? What will happen to my application? I have a feeling I was taken advantage of and something fraudulent was being done.
- I get the same feeling. You should visit the company regularly and contact them to see if indeed they are downsizing. Also, research online to see if they have a history of doing this to others. It is illegal to pay for a job offer so the $10,000 is illegal and exorbitant. It also seems odd that and “convenient” that the job offer was revoked after the PNP approval but before you became a PR. Unfortunately, you have a duty to inform both the Ontario PNP and CPC, Sydney of the revoked job offer which will likely result in a refusal. Even if you cannot prove something fraudulent has happened, you should file a claim in civil court and sue the companies you paid. It is important to understand that to prove fraud you are within the criminal domain where the burden of proof is beyond a reasonable doubt. On the other hand, the civil matter has a less onerous burden of proof which is the preponderance of the evidence.
In particular, a person who is charged with a crime may have their criminal charge withdrawn because the prosecution does not have sufficient evidence to convict ( knowing that he/she must prove the crime beyond a reasonable doubt). That does mean that the person did not commit the so called crime. It only means that courts cannot prove it. On the other hand, a civil trial will involve a lesser burden of proof where plaintiff must prove based on balance of possibilities that the damages occurred.
- I’m a permanent resident of Canada. I have been living in Canada for over 5 years. My mother applied to come to visit me but was denied. In fact, she was banned for 5 years due to misrepresentation. My mother’s English language skills are weak and she hired an agent to help her complete the application. It seems that the agent did not truthfully answer some questions that has now resulted not only in a refusal but a long ban. What can we do?
- This is a difficult situation because Canada Immigration will usually have little or no sympathy for applicants who hire incompetent representatives. In other words, Canada Immigration will not accept that your agent made a mistake as an excuse. The applicant (your mother) is responsible for the contents of her own application and is responsible for what she signed ( even though I understand that many times the agents prepare it all and just make one sign). In this particular case, the error was material and has resulted in a 5 year ban. I think the first plan of attack is to obtain a copy of the file and notes to get a better idea of the errors. Second, you should take steps to sue the representative in civil court for damages. It is important to keep in mind that criminal matters or immigration matters is one thing but there is always recourse in civil court for damages.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
