By Atty. Henry Moyal
NEW CAREGIVER CLASS CAUSE OF CONFUSION
Q. I entered Canada in January 2015 as a caregiver for a family with children. I am living inside their home. I was told that I am not required to be a live in caregiver and be live out. Since I am a live in caregiver can I apply under the live in caregiver class? I researched it and found out that this is the easier way to be a permanent resident because it does not require any English test or education.
A. If you obtained a work permit based on an LMIA submitted by the employer on or after November 30, 2014 then you CANNOT apply under the live in caregiver class. The LIC class is only for those who entered Canada specifically under the LIC class and who submitted their work permit before November 30, 2014. You now must apply under the new Caring for Children program which has its own criteria. This new program is fast tracked and faster than the LIC class but does require language proficiency. It should be noted that requests for humanitarian and compassionate grounds to overcome the Caring for Children criteria is not available and not permitted.
Q. I’m a Canadian Citizen living in Canada and in a serious relationship with my high school sweetheart. He was married previously but is now living in California. He has no status in USA. I want to sponsor him as my fiancé or spouse. I am not sure if it is better if he comes to Canada to marry or I should go there. If we marry in USA can the application be processed in Los Angeles?
A.There is no fiancé category any longer. If you are going to marry then it seems the more realistic approach is to marry in USA. I am saying this because it will be very unlikely that he will be granted a tourist visa to enter Canada and thus you cannot marry in Canada. Assuming you are both free to marry and all divorces are in place, then a wedding solemnized in the state of California is legal for immigration purposes. The place of processing will depend on his prior status in USA coupled with his current USA immigration status. For example, is he under removal proceedings? You should also take into account the place you want the interview conducted in the event you are convoked for one. All these factors are relevant but once all put into place, it is very indeed possible to sponsor a spouse who is illegal in
USA.
Q. I am in Canada with no status. I entered as a visitor three years ago and let my status expire because I entered using someone else’s passport. I am now married to a Canadian immigrant and I am pregnant. My friends tell me that they cannot deport me if I have a child born in Canada but I am still afraid to do anything for fear they will put me in jail and deport me. How do I get out of this mess?
A. Not surprisingly, advice from friends and unqualified persons is the wrong way to go. The information given to you is inaccurate once again. Having a child in Canada renders the child a Canadian citizen. The child cannot be deported but the mother certainly can. The good news is that you will not be put in jail unless there is a warrant for your arrest – if so, at worse you will detained but spouse can post a bond. However, all that will not happen if you file the proper documentation and sponsorship. There are two caveats though: you must file the new forms under the new laws forillegal visitors and second you could be found ineligible depending on the circumstances surrounding the fraudulent passport. Obtain professional advice from someone who knows the laws and regulations – a lawyer not a consultant.
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
Subscribe to Immigration Newsweek
