By Atty. Henry Moyal
NEVER GIVE ORIGINAL PASSPORT TO AGENCY
Q. I’m a Canadian Citizen and I want to sponsor my daughter. I hired an immigration consultant to handle my case and I regret that I did not hire a real lawyer in the first place.
The experience has been a nightmare for me because I have been lied to and it is impossible to reach someone to speak to at this company. I have left messages by phone and all texts have been ignored. I recently found out that documents were signed without my knowledge. My daughter has been waiting patiently for her visa but I am not sure at what stage the application is at. My daughter needs her passport as she wants to work in Hong Kong until this is over. How can I get my passport back from the agent and is it a problem if my daughter changes her profession and country of residence?
A. Your letter is alarming and very concerning. I am almost certain of the name of this rogue consultant you speak of. Rule #1: Never give your original passport to an agent or consultant until you have a definite letter from Canada Immigration. Better yet, once immigration requests the passport, send it yourself. There is absolutely no reason why the consultant needs to have your daughter’s original passport so early in the process. Rule #2: If you do not know the process of the application, ask. As well, demand to see documents from Canada Immigration on the process so you can track it yourself. Rule #3: hire a competent professional to take over the file. The fact that your daughter changes
jobs/countries should not be a factor but best to inform the visa office.
Q. I entered Canada as a worker in 2007 and I became an immigrant in 2013. I want to apply for Canadian Citizenship but was told that all my taxes and days of residence from 2007 –2013 will not be counted. Is this true? If so, when can I apply to become a Canadian Citizen?
A. Under new rules, the number of days that you lived in Canada before becoming an immigrant are not counted. In the past a 50% credit was given. As well, the number of days in which you must reside in Canada has increased. From your brief information, you do not appear to be qualified yet. The following are the current new rules on how to become a
Canadian Citizen:
1. Processing fees have increased to $630
2. Since becoming a permanent resident, been physically present in Canada for at least 1460 days in the six (6) years immediately before you apply,
3. Since becoming a permanent resident, been physically present in Canada for at least 183 days during any four (4) calendar years that are fully or partially within the six (6) years immediately before you apply,
4. Have filed income taxes for any four (4) taxation years that are fully or partially within the six (6) years
immediately before you apply,
5. intend to reside in Canada
6. be able to communicate (speak and understand) in English if under 65 years of ageQ. I entered Canada in 2015 to work for a family as a caregiver. I understand that I cannot be an immigrant under the
live in caregiver stream but under the new Caring for Children stream. The problem is that my parents are elderly and I want to return to the Philippines after I complete my contract. Can I leave Canada after working 24 months and still be an immigrant?
A. Yes, under the new rules there is no obligation for you to hold a valid work permit to become an immigrant. Specifically, under the Caring for Children stream, you can qualify, apply and the leave the country if you wish. That is, as long as you qualify at the time of application, you can return to the Philippines to be with your parents. Then, if approved, you will re-enter as an immigrant.
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
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