Immigration Newsweek
FILIPINO CAN STAY IN CANADA DESPITE FAILED MARRIAGE
Immigration Newsweek
By Atty. Henry Moyal
- I came to Vancouver from Manila as a student five years ago and met my Canadian wife on campus. We married and I immediately filed an inland sponsorship application. I received my open work permit that is valid until 2021. The sponsorship application has not been completed because our marriage has broken down and my wife contacted immigration to cancel the application. She is now telling me to leave Canada and she will have me deported. Do I need to leave? Can she deport me? Can I still work?
- Your wife has no authority to deport you. Only CBSA can do that. You do not need to leave Canada. While it is clear that the sponsorship is over and no longer exists that has nothing to do with the work permit that was given to you. Under IRPA regulation 209 a work permit only becomes invalid when it expires or when a removal order becomes enforceable. In your case, the work permit remains valid and you can still work until 2021.
- I’m in Canada on an open work permit via my spouse. While on that work permit I legally worked as a home support worker for over 12 months. Am I eligible to apply for the new Interim Pathway for Caregiver program? Please let me know soon because I know that the program expires June 4, 2019. Second, how long is the processing to get permanent residence? My work permit is expiring soon.
- Correct, all applications under the Interim Pathway for Caregivers must be submitted by June 4, 2019. However, you are not qualified. In order to qualify for the Interim Pathway for Caregivers, an applicant must have gained one year total of their work experience while working on a Temporary Foreign Worker Program work permit. Caregivers who have gained their work experience on work permits other than through the Temporary Foreign Worker Program (such as open work permits under the International Mobility Program) may have other options to apply to permanent residence, including through Express Entry, the Provincial Nominee Program and the Atlantic Immigration Pilot. Please note that the processing time service standard for the Interim Pathways to PR for Caregivers is 12 months.
- I was convicted of DUI criminal offence in the USA over ten years ago. I understand that laws have now changed preventing me from entering Canada. Is that true?
- If it’s your only conviction outside Canada, you appear to still be qualified to enter Canada under “deemed rehabilitation”.
Under Canadian criminal law a DUI is an indictable offence. Under the enactment of Bill c-46 on December 18, 2018, Canada changed the laws and made DUI offences serious criminal offences (not regular criminal offences).
It is important because Canada Immigration treats people different ( when they want to enter Canada) if they have serious criminality or regular criminality.
If your DUI was over ten years ago it is my understanding that border officials are treating DUI the same as before so you seem to be qualified for deemed rehabilitation.
It is a good idea to have all your court documents AND an FBI report in hand when going to the border to demonstrate you do not have any other convictions.
- I’m an educated and experienced nurse from the Philippines. I also have relatives in Canada. I am trying to apply for an independent visa under express entry. I have been told that it is better for me to apply alone and not with my wife. Is that true?
If I do that can my wife never become an immigrant?
- You are asking a strategy question not a legal question. Yes, under the current scoring grid it appears that in some cases, an applicant will have a stronger case if they apply alone and leave their spouse off the application. If successful, only you will obtain a permanent resident visa – not your spouse. If so, you will need to live in Canada after becoming a permanent resident and then file a separate sponsorship application after.
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
