Below are the Q&A Atty. Henry Moyal 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 him by e-mail: [email protected] or call toll-free: 1-888-847-2078.
Q. I applied to sponsor my husband and it has taken over two years. We have children together so I do not know why immigration takes so long to process such cases. My work permit is expiring in 2017 and I do not know if I should renew it now or wait.
A. Immigration wise, the details of your question are inaccurate. If your are the holder of a work permit then you cannot be sponsoring a spouse. Only Canadian Citizens and Permanent Residents can sponsor a spouse.
It appears to me that you are the holder of a work permit (i.e., as a caregiver) and you are including your spouse on your permanent resident application. That is not considered a sponsorship as there is no sponsorship undertaking by a “sponsor.”
As such, I certainly understand that two years is a long time to wait and processing times are unpredictable. It also seems that immigration is working on a “last in first out” system. Meaning, the latest applications that are filed are being processed first (and the old applications are being processed last).
I say this because recent caregivers have obtained their immigrant visas in only about three months.
Q. My parents are visiting me in Canada. They have been visitors on valid status for over two years. They have been a great help to our family as they take care of the children. I researched the possibility of sponsoring them for humanitarian reasons but I recently received a refusal letter from Canada Immigration. I am receiving conflicting information. I know many people whose parents were in Canada and obtained permanent residence.
Why was mine refused? I earn a very good living and finances are not an issue to care for them. So what went wrong?
A. In short, you filed the wrong application.
I am not certain if your poor advice was given to you via a friend or perhaps from the telecentre or from a consultant. Nevertheless, if done properly parents can indeed be sponsored while they are visiting Canada. It may take a while but it is not a problem.
We have been successful in processing many such cases without requiring parents to even step outside Canadian soil.
Best to obtain professional help.
Q. I have a question regarding the new application forms for visiting Canada and for permanent residence. I validated the forms and printed the bar codes. I have now discovered an error. Can I just change it in ink or must I redo the entire application?
A. The bar code is specific to the information provided. You need to re-do the application all over again and obtain new bar codes.
Q. I’m a live-in caregiver in Canada. I have my open work permit. I will be giving birth to a child in Canada soon and I am planning to marry the father of the child early next year. The problem is that my fiancé is a failed refugee claimant. He has not been asked to leave Canada though. If we marry will he be able to remain in Canada?
A. I would think hard before marrying this man now. Not only will he not be able to stay but it could potentially jeopardize your application. All those years working as a live-in caregiver will be lost. You may get refused and no one would be an immigrant.
I am saying this because one of the requirements for you to become an immigrant under the live-in caregiver class is that no dependant must be inadmissible or have an enforceable removal order.
If you marry, your spouse is your dependant and he has enforced removal order. Either not marry or have spouse leave Canada.