By Attorney Henry Moyal
TEN MOST COMMON IMMIGRATION QUESTIONS OF 2007
Another year has gone by and it is the time to reflect on the last twelve months. Thank you to all our clients and avid readers of this column. There has been an abundance of feedback and questions, whether by phone, mail or email which has illustrated how cumbersome the immigration laws can be and how difficult it is sometimes to navigate through the maze of immigration regulations. To end the year, we have compiled the top ten most common inquiries:
10. How can my brother/sister in the Philippines immigrate to Canada? I can support them financially. They have a degree and education.
An applicant who has a bachelor degree and several years of work experience in a skilled occupation is able to qualify for immigration to Canada. They do not require a relative in Canada nor a job offer. They can immigrate on their own credentials.
9. I became a permanent resident of Canada over 6 years ago. I stayed in Canada for a short time and then left. Can I return? Am I still a permanent resident?
A permanent resident of Canada always remains a PR until one of two things occur: either they voluntarily surrender the PR status or a final decision/judge has taken away your PR status. Therefore, you are entitled to enter Canada as a PR but if there is a question regarding your residency requirement you may be faced with several questions and possibly an admissibility hearing to determine if you did maintain residence. Remember, you must have been resident for 730 days out of every five year period. If you have not you can argue humanitarian and compassionate grounds.
8. I am a live in caregiver. I did not work for the requisite 24 months. I am short five weeks. Can I still apply?
You cannot apply under the live in caregiver class as you do not appear to meet the statutory requirements. Best to apply under humanitarian and compassionate grounds.
7. I am a Canadian Citizen and living in the USA. How do I sponsor my wife. We married in the USA and I am outside of Canada?
As a Canadian you can remain in the USA and still qualify as a sponsor on the condition that you return to Canada upon issuance of spouse’s immigrant visa
6. I entered Canada as an immigrant as a single person but I was really married. I did not inform the immigration office that I was married because my husband was living abroad?
You have misrepresented yourself. Under Canadian laws you must declare all dependants whether accompanying you or not.
5. I am alone in Canada, can I sponsor my cousin?
If you have no relatives in Canada, no spouse, and parents are deceased it is possible that you can sponsor any other blood relative.
4. I want to sponsor my parent but I am not employed.
To sponsor parents, sponsors must earn sufficient income (depending on family size) to be eligible to sponsor parents.
3. I live in the USA. I am a Canadian but I married a man who was already married in the Philippines.
If your husband’s first marriage was not dissolved, then your marriage to him is null and void. He has also committed bigamy. Best to proceed with caution and obtain legal advice before submitting an immigration application.
2. I sponsored my wife and the immigration officer refused the application accusing us of committing a marriage of convenience. Should I appeal?
You have the right to appeal within 30 days or if you are able to submit a stronger application you may want to waive the appeal and re-apply from scratch.
1.We have no status in USA. We entered over one year ago and our visa has expired. Can we still apply to immigrate to Canada?
Yes, if you qualify under the regulations and have the requisite education and work experience then it is possible to apply even if you are out of status in USA.
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 fax, phone or email canada@moyal.com
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