Your gateway to Canada


Immigration Newsweek

By Attorney Henry Moyal


Q. I want to apply as an immigrant to Canada. I believe I am qualified as I am a doctor from the Philippines. The problem is that I have no status in USA. I overstayed. I am getting conflicting information. Can I file an application while I have no status or not? Do I need to leave the USA to do my medical? I’m confused.

A. Be confused no more. Assuming you are qualified and assuming you file properly, you can indeed file an application when you have no status. We have been successful in doing so many many times. Second, you do not need to leave USA to obtain medical or police clearances.

Q. My parents are visiting me in Canada. They have been visitors on valid status for over two years. They have been a great help to our family as they take care of the children. I researched the possibility of sponsoring them for humanitarian reasons but I recently received a refusal letter from Canada Immigration. I am receiving conflicting information. I know many people whose parents were in Canada and obtained permanent residence. Why was mine refused? I earn a very good living and finances are not an issue to care for them. So what went wrong?

A. In short, you filed the wrong application. I am not certain if your poor advice was given to you via a friend or perhaps from the telecentre or from a consultant. Nevertheless, if done properly parents can indeed be sponsored while they are visiting Canada. It may take a while but it is not a problem. We have been successful in processing many such cases without requiring parents to even step outside Canadian soil. Best to obtain professional help.

Q. I’m a live in caregiver in Canada. I have my open work permit. I will be giving birth to a child in Canada soon and I am planning to marry the father of the child early next year. The problem is that my fiancé is a failed refugee claimant. He has not been asked to leave Canada though. If we marry will he be able to remain in Canada?

A. I would think long and hard before marrying this man. Not only will he not be able to stay but it could potentially jeopardize your application. All those years working as a live in caregiver will be lost. You may get refused and no one would be an immigrant. I am saying this because one of the requirements for you to become an immigrant under the live in caregiver class is that no dependant must be inadmissible or have an enforceable removal order. If you marry, your spouse is your dependant and he has enforced removal order. Either not marry or have spouse leave Canada.

Q. I’m a Canadian Citizen. I met my first wife on a cruise in 2009 and we married shortly thereafter. I sponsored her and she obtained her immigrant visa in 2010. The marriage unfortunately did not work out and we divorced. I now met another woman and I am thinking or marrying her soon. Will I have a problem sponsoring her or will they understand that sometimes marriages do not work out?

A. It is not a question of whether Canada Immigration believes in the marriage. Your biggest hurdle is a law that prevents you from sponsoring a spouse if the sponsorship period of a previous spouse is still in effect. You stated that spouse #1 landed in 2010. The sponsorship was for a three year period. Therefore, you must wait until that period ends until you sponsor spouse #2. The fact that you divorced spouse #1 is irrelevant. As well, it is a good idea to try and ask spouse #1 if she collected welfare. If she did, then you are not eligible to sponsor anyone (even if after the 3 years) until you repay back the funds.

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 phone 416 733 3193 or email