By Attorney Henry Moyal
CANADA ELIMINATES VISA SHOPPING
Q. I am a nurse by profession and currently a visitor. I have been offered a position to work as a caregiver for a family. My future employer has already obtained approval and it is now time for me to send my application for a work permit. Where do I send it? Some agencies told me to file the case in Jamaica. If I do that do I really need to travel there?
A. I too have heard of agencies that advise caregivers to travel to Jamaica for work permits. I personally have never had such a case and in my opinion it is not a good idea. Further, I have actually never seen anyone obtain a visa from Jamaica in similar cases such as yours. If you were to send the case to Jamaica you would indeed need to travel there. I once inquired at the Jamaican Embassy and they require several supporting documents.
Regardless, it does not matter anymore. Effective immediately, Canada has eliminated visa shopping. You cannot send your case to Jamaica unless you are a Citizen of Jamaica or have been lawfully admitted to that country. As of April 1, 2005 all applicants who apply for a work or study or visitor visa must file their application in their country of origin or in the country where they have been lawfully admitted.
If an applicant is in Canada, the USA consulates have jurisdiction. Therefore, if you have a USA visa it may be possible for you to file the application in the USA. You mentioned that you are a visitor. I am assuming that you entered legally. If yes, you have the option of filing in USA even if by now your visitor status has expired.
Q. My brother and his family have applied for permanent residence. My brother was the main applicant and he was educated and worked for the National Bureau of Investigation for many years. Unfortunately, he was in an accident and passed away. Can the application still proceed? His children are very young and we want the family in Canada.
A. Firstly, you should inform the Canadian Embassy right away of what has happened. Unless they are sympathetic to your case, the case will likely be refused. I have had similar cases and unfortunately the embassy will not permit the wife and children to immigrate. The main applicant was your brother.The case was strong because of him. If he is no longer is alive, they will not proceed with the case. You did not mention anything about your sister-in-law. If she is just as qualified then you can try to convince the officer to “switch” main applicants. It is worth a try. Good luck.
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
