By Attorney Henry Moyal
PERMANENT RESIDENCE IS POSSIBLE WITHOUT LEAVING THE COUNTRY
Q. I am thinking about applying for permanent residence in Canada. I am educated with several years of work experience. I also have an aunt residing in Canada. My fiancé recently became an immigrant and we do not know which way is best to proceed – through her sponsorship or applying on my own. I read a previous article from you stating it is possible to remain in the country and not have to leave to process my resident visa. Is that possible and how is it done?
A. I think your first plan of attack is to decide under which category you want to apply. You cannot apply for both. Do you want to apply on your own merit or do you want to be sponsored by a family class member. If the latter, you should know that the fiancé category has been cancelled and replaced by the conjugal partner class. If you marry, your spouse can sponsor you.
If you apply under your own credentials it will take longer but it still appears that you are qualified.
Regardless of the application, yes, it may be possible to remain in the country and not leave. If your are granted a waiver of the interview, the embassy abroad can finalize the case without your attendance. You will of course need to cross the border and ” enter Canada” to land but that is not a difficult task subsequent to visa issuance.
In my experience, your chances of obtaining a waiver of the interview is more likely under the sponsorship category and time of processing is much faster. The final decision is ultimately yours.
Q. I am a failed refugee claimant. I already have been convoked to an interview for removal . I also failed by pre risk removal application. I now want to marry my girlfriend. If I do, will I be able to stay in Canada given the new rules that those who marry and are out of status can apply from inside Canada?
A. No. You appear to be removal ready and I do not believe that immigration will suddenly extend a helping hand this late stage of the game. I also think that immigration will probably have some doubts on the genuineness of the relationship since you seemed to get married only at the end stages. Only you can decide if the relationship is genuine. If so, it is probably best to have your sponsor submit an application from abroad.
Q. I hold a Bachelor degree from the Philippines and worked in Saudi at a hospital for nearly a decade. If I obtain a job offer will this expedite my permanent resident application?
A. Yes, while it appears that your case is strong enough without a job offer, having an approved offer of employment will certainly speed up the case. Remember, that there are different types of offers of employment – some permit you to work before arrival and some do not. You must select the correct type to support your application.
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
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