By Attorney Henry Moyal
USE OF FAKE PASSPORT CAN CAUSE PROBLEMS
Q. I entered Canada using someone else’s passport. I tried to obtain a visa using my own passport but was denied three times. I have met a man who now wants to marry me. I am using my real name for all documents except the marriage licence. The marriage office wanted to see my passport so I showed them the one I used to come to Canada. How can I get out of this mess?
A. Yes, it is a mess. For starters, it is never a good idea to continue with the lie. It is one thing to come to Canada using a fake passport but do not keep on using that person’s name. It will only get you deeper into trouble. You have not yet married (a marriage licence application is not a marriage) so that is good. You must use your real name. The problem you face will involve using the proper application for sponsorship and then convincing immigration of your entry upon arrival. It can be tricky. I suggest you obtain professional advice.
Q. I am the employer for a live in caregiver who resides in the Philippines. She just obtained her work permit but was told that she cannot leave the Philippines until she obtains the proper documents from the POEA. The POEA is now requiring me (the employer) to go to the Toronto Philippine Consulate to pay a fee and sign some forms. Is this a new procedure?
A. I contacted the Philippine Consulate and the POEA / POLO (Philippine Overseas Labor Office) introduced this new policy recently. It is my understanding that Filipino LCP workers can be prevented from leaving Manila unless they get their contract verified by the POEA. As well, the employer must sign an addendum undertaking to be responsible for:
the cost of two way transportation
health coverage
termination shall be for cause
cost of repatriation of remains to the Philippines.
It will cost the employer $38.75 to have the signature verified. After that the Philippine Consulate contacts the POEA who in turn issue the exit visa to the worker.
Q. My brother wants to immigrate to Canada. His occupation is not one in demand. If I get him a job offer does it help? Does the job offer need to be in an occupation that is demand? What does the employer need to do?
A. Under new rules, an applicant must have at least one year of work experience in one of 38 occupations in demand. If they do, then no job offer is required. If they do not, then a job offer will render then eligible to file the application. The job offer does not need to be one of the 38 occupations. It can be any skilled occupation. The employer must be a company that has been in existence for at least one year and has been paying taxes for at least one employee. Family businesses are eligible and in many cases this is a good avenue to bring over relatives for Canadians who have restaurants or convenience stores that usually require trusted employees.
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 www.moyal.com
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