CANADA IMMIGRATION NEWS AND TIPS

  Dear Ms Powell, I   have been in a relationship since last year Easter. We met online and he visited last summer and spent the whole time with me. We also talk every day via Zoom. I applied for a visitor’s visa and didn’t get it, so I couldn’t visit him for the Christmas. Due to the virus pandemic, he hasn’t been able to visit this summer. He said that he can sponsor me, but we are not sure, as he is having difficulties with getting his divorce, although he has left his wife about five years ago. I am a Christian and so we haven’t had sex. Does it mean that because we haven’t had sex that we would not qualify as common-law partners? Can he really sponsor me? Would it be easier if he just marries me? Can we marry via Zoom? Looking forward to your response. – J.C. Dear J.C., Last week, I responded to the first part of your question. I noted that it appears that you are in a conjugal relationship, although a case could be made for a common-law relationship, considering COVID-19...

Immigration Corner | I fled abuse in Canada : Dear Miss Powell, I got married to a Canadian citizen and he filed for me. I got through and went to Canada. I was excited about my new life. However, from the day I landed in Canada I started getting all kinds of abuse. I decided to stick it out as I really love my husband. I found out that I was pregnant and I wasn't sure how he would take the news, so I asked a minister to talk to him about the way he is treating me. The minister called and talked to him and he got mad at me, saying I had no right to bring his business to the public. He hit me on my face and flung me across the room. I was so scared, I called my family in Jamaica and they said that I should leave him and come back to Jamaica before he kills me and the baby. I packed a bag when he went to work and returned to Jamaica to my parents. I've been in Jamaica about three weeks and my husband has called and threatened me almost every day. He said he is going to tel...

Dear Ms Powell, I applied to sponsor my Jamaican husband to come to Canada and the application was refused. How do I appeal? I've been spending too much money going back and forth and this is causing a strain on our marriage. Please help us. - F.Y. Dear F.Y., I understand the strain that the Immigration, Refugee and Citizenship Canada (IRCC) refusals of your application would cause on your marriage. However, the IRCC usually outlines the specific reasons for the denial of the application. What was the reason for the denial? Before you can appeal, you need to ensure that you are able to address, with supporting documents, the issues outlined in the refusal letter. Your access to the appeal process will not be allowed if your spouse is deemed inadmissible to Canada by reason of his criminal record. If he has a history of committing a serious criminal offence anywhere in the world and that crime is punishable in Canada by a term of imprisonment of two years or more, y...

Dear Miss Powell, I'm in a same sex relationship with my Canadian boyfriend. He wanted me to visit him so in his invitation letter he stated that I was his cousin by marriage and I also placed that information on the application form. That was done to keep my sexuality private and to protect me. Unfortunately the visa was denied. We plan to get married soon and then he wants to sponsor me as his spouse. I read that I could be banned for misrepresentation. Is this true? What should we do? - LJ  Dear LJ, You should not lie or give misleading information to Citizenship and Immigration Canada (CIC) as there are serious consequences. A person is deemed inadmissible under the Canadian Immigration and Refugee Protection Act for, "directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the enforcement of the Act." It is not a criminal offence but goes to the heart of the i...

Dear Ms Powell, I am a Canadian citizen and I have been dating a woman in Jamaica for two years. She applied to get a visitor's visa and was denied twice. I visit her every Christmas as I don't get much time off from work. I've heard of marriage by phone or proxy. I want to find out if we can get married that way. Can they send the documents to me and I just sign them and return them to the minister? Would I be able to sponsor her if we get married this way? She said she could get the ceremony arranged in Jamaica and that she heard of cases where people got married using a big-screen TV. Can this work? I really love her, but I can't get the time off work and she can't get a visa. Can I authorise someone to sign the documents on my behalf? - KF  Dear KF, A Canadian citizen can marry and sponsor anyone provided that both you and the person sponsored are able to satisfy all requirements. First, let's look at what would be considered a valid marriage . Bo...

Dear Ms Powell, Thank you for keeping Jamaicans worldwide informed. I live in Alberta and I was born in Jamaica. About two years ago, I sponsored a girl to come to Canada. We weren't married, just common law. Things didn't work out, so we split up. I don't even know where she is right now. I met another really, nice Christian woman from Jamaica and I plan to marry her and take her here. We are planning to be married next June. Will the fact that I sponsored someone before affect my ability to sponsor my fiancée? - A.B Dear A.B., There are several issues here. We need to look at your duties as a sponsor, the date that your sponsorship application was approved, and the reason for the separation. The critical date in this situation is October 25, 2012. Was your sponsorship application approved before or after that date? In October 2012, Citizenship and Immigration Canada (CIC) introduced new rules relating to spousal sponsorship. These new rules s...

Is he committing bigamy? - News - Jamaica Gleaner - Tuesday | March 11, 2014 Dear Miss Powell, I have  lived in Canada for the past 15 years and have been in a common-law relationship with a Jamaican man. We bought a house together here and have two children. I recently discovered that my spouse has been making arrangements with his high school sweetheart from Jamaica. He is planning to get married and take her to Canada, and I believe that is bigamy. What would be the ramifications? How can I stop this marriage? How do I stop him from sponsoring this woman and disrupting our lives here in Canada? - PK Dear PK, Your question is not just an immigration law question, but also touches on and concerns Canadian family law and criminal law. This is a potentially controversial and emotional issue, and so I will provide you with definitions of the basic legal terms and the ramifications under Canadian law and leave you to choose the best course of action. First, 'bigam...

What are the fiancée rules? - News - Jamaica Gleaner - Tuesday | February 4, 2014 Dear Ms Powell, I was born in Jamaica and I am now a Canadian citizen living in Toronto. I am about to sponsor my fiancée, who lives in Jamaica, to come to Canada as a permanent resident. I heard that there are new conditions and rules that could affect our application. Could you let me know what the conditions are? Will she be able to work under the new rules? What can we expect? - HJ Dear HJ, Generally speaking, as a Canadian citizen or permanent resident, you may sponsor your spouse, common - law partner or conjugal partner, or dependent children (under 22 years) to come to Canada as permanent residents. The key to having a successful application is to provide  Citizenship  and  Immigration  Canada (CIC) with solid documentation to show the genuineness of your relationship with your fiancée. The new conditional  permanent  residence  measure for spouses ...

How can a chef get to Canada? - News - Jamaica Gleaner - Tuesday | December 17, 2013 Dear Ms Powell, I met a man in Negril and we have been corresponding since then. He promised to sponsor me to go to Canada. He said he is not sure how to go about doing it and I should find out. I work as a chef at a resort, but I read that chefs can't apply. Is there any other way for him to help me to get to Canada? - RT Dear RT, In a previous article, I mentioned that chefs were removed from the category of persons who may apply under the Federal Skilled Trades category at this time. This restriction is not placed on persons seeking to come to Canada under the Family Class. A Canadian citizen or permanent resident  can sponsor their spouse, common law spouse, or conjugal partner to live in Canada. You will need to prove to Citizenship and Immigration Canada (CIC) that you are in such a relationship. In Canada you are considered to be a 'spouse' after you hav...