Your gateway to Canada


Immigration Newsweek

By Attorney Henry Moyal


Q. I have been in Canada for over five years. After applying for refugee status and losing, I applied from inside of Canada to be sponsored by my wife. Our marriage broke down and my wife withdrew her sponsorship. I have now received a notice to appear at Immigration Enforcement for my PRRA application. What if I do not show up ? Will they put me on a plane on that day? Will I be able to win my PRRA if I explain that my wife left me?

A. Firstly, you must attend the interview or there will likely be a warrant for your arrest (which you do not want). They will likely not put you on a plane as you have not even applied for PRRA yet nor received a decision on PRRA. That being said, the statistics for PRRA applications were recently published. They do not look good and are similar to the dismal and “guaranteed to lose” rate for claiming refugee status from the Philippines. It is still baffling how consultants still entice Filipinos to claim refugee status and give them false hope.

PRRA statistics for 2005:

194 PRRA applications approved

6631 PRRA applications refused

Approval rate : 3%

Q. I am a Canadian Citizen. I went to visit my sister in New Jersey two years ago and ran into an old school friend. We started to date and we got married over one year ago. I want to sponsor him to Canada but I do not have a high income. The reason my income is low is because I recently graduated from school and I am mostly living in the USA to be with my husband. I am afraid that if I sponsor my husband the case will be refused if they know that I am not in Canada all the time and I do not have a stable job.

A. While you are correct in your assumption that sponsors must reside in Canada to be eligible to sponsor family class members, there is an exception to the rule. The only exception available is actually your exact case. Canadian citizens who sponsor their spouses do not need to reside in Canada. They can sponsor their spouse and/or dependant children on the condition that they intend to return to Canada when the spouse becomes an immigrant.

To prove that you will return to Canada, the immigration document has a list of items that prove genuine intention.

The minimum income level required to sponsor family class members is not required when a person sponsors a spouse. In general , for a family unit of two the minimum income level of about $25,000 is required. You are not required to earn that amount.

Given the above, you have the green light to proceed and file a sponsorship application.

Q. My sister lives in Dubai, UAE. My brother lives in Manila, Philippines. They are recent graduates of a university and have only a few months of work experience. How can they immigrate to Canada. What is they want to work there as caregivers?

A. Your question touches upon two distinct categories. To apply as an immigrant a person must be educated and have at least one year of work experience in the same occupation. It appears that your siblings do not have that so it is too early to apply. It is best to get re-assessed one they pass that threshold. Secondly, the live in caregiver program is a special immigration category that permits workers to obtain residence after working in Canada for two years. If that is what they are seeking, they will be required to have an offer of employment.

Q. My sister in the Philippines graduated from university in commerce and has worked in the hotel industry for ten years. I would like to have her come to Canada as a live in caregiver to care for my two children. If immigration does not approve me my neighbor is willing to step in and be the sponsor. We do not care about the timing or fees, we just want her to come to Canada to work as soon as possible.

A. Do not open your check book just yet. Whether you have one or ten potential employers in Canada it seems that your sister is not qualified. In order for her to obtain a work permit under the live in caregiver program she must:

1. Obtain an approved job offer from a Canadian employer (that is where you come into play)

2. Strong command of English

3. At least 12 years of education

4. Either six months training certificate as a caregiver or at least one year of paid experience as a caregiver in the last three years.

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