How does my marriage affect our visas? - News - Jamaica Gleaner - Tuesday | June 18, 2013

How does my marriage affect our visas? - News - Jamaica Gleaner - Tuesday | June 18, 2013

Dear Miss Powell,

I am the holder of a Canadian visa (multiple entry) . I was a widow when I obtained the visa. I used to visit a very dear friend of mine who is a Canadian citizen. He has been my friend for many years. However, we moved the relationship to another level three years ago. We both visit each other.

I was making one of my many visits to him when he proposed and we decided we would have a private wedding in Jamaica, so that my kids who don't have visas would be able to be part of it.

We got married in April. I would like to give my daughter, who is 15, a trip for the summer to visit Canada, but I am concerned it could be too quick for me to visit again, since I was there in April 2013, when we came home and got married.

I must also point out that whenever I visit I stay for five to six months. We have not started any paperwork for filing as yet. We just want to take things one step at a time and do what is best for the kids. I have three, ages 20, 17 and 15.

Also, what is the procedure to obtain a visitor's visa for her? Does she have to do an interview or take in the document herself, accompanied by me, being that she is a minor?

- MJ

Dear MJ,

Congratulations on your recent marriage. I trust will have a long, wonderful and prosperous life together.

Your first question is if it's too soon to revisit Canada, considering you were just there in April. The answer is, 'it depends'.

As long as you have a valid multiple-entry temporary-resident/ visitor's visa, then you have the freedom to visit as many times as you wish, provided you did not overstay the period of time granted and that you abide by the terms of the grant of your visa. One of the conditions is that you will not be permitted to work during your visit.

I am not sure why you have both decided to delay the sponsorship application, since your marriage has now changed how you will be viewed by Citizenship and  Immigration Canada (CIC).

Furthermore, the application will take time to process and you have your minor children to think about as a part of the application. The sooner you start the application process, the better for your family.

Other issues

Getting married has put a spin on your situation. There are now many other issues to think about before your next trip, such as your answers to the immigration officers upon arrival in Canada.

You say you are "taking it one step at a time" and I think you have already completed the first major step. Wouldn't you think the next natural step, (after the honeymoon, of course) would be to start the filing process?

On your next visit to Canada you will be asked your reason for visiting. What will be your answer? Will you say that you are visiting your husband, but that he hasn't applied to sponsor you? What is the reason for that? You now have significant ties in Canada. What guarantee does CIC have that on your next trip you will not just remain in Canada with your beloved husband?

Regarding your minor child, you will be responsible for submitting the application on her behalf, along with your own passport. You will need to provide information about your husband, your employment, financial and social ties to Jamaica. The same questions above will arise.

The visa officers would need to be provided with strong evidence to show that you and your child will both be returning to Jamaica at the end of the time granted. I am concerned that based on the information provided, CIC may consider you and your minor child a flight risk, and not grant her a visa. You even run the risk of having your own visa revoked.

You have already taken the major step of getting married. The next logical step that your husband should be considering is the sponsorship application for yourself and your children.

If you are concerned about your eligibility and the eligibility of your husband, then you should speak directly with an immigration lawyer to discuss the finer details of your case.

Best of luck to you and your family.

Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars, with office located in Ottawa, Ontario. Her areas of practice are in immigration, personal injury, real estate, family, commercial and estates law. She is on the roster of mediators for Ottawa, Toronto and the Dispute Resolution Foundation of Jamaica. Email: info@deidrepowell.com. Subject line: Immigration.