Missing a little elf at Christmas time!

Missing a little elf at Christmas time!

Question from Jose in Edmonton, AB:

I arrived in Canada in 2015 with my wife as a sponsored family member on an application she submitted for me after she obtained permanent residency a few years ago. The application was handled by a consultant who advised me to not include my 5-year-old son from my previous relationship as he would not be accompanying me to Canada. At the time, I obliged and did not include him. My son is now 10 years old and I miss him very much and want him to come to Canada and join me! His mother has agreed to let him move to Canada and stay with me. PROBLEM IS, I was told that if I try and sponsor him, I could be banned from Canada and lose my PR status! Also, I hear that my son will never be able to come to Canada! Please help!

Answer: Hi Jose, thank you for the question. This is a serious situation, but not an impossible situation to solve. When a person applies to become a permanent resident, they are required to declare all their family members (spouse, common-law partner, dependent children, dependent child of a dependent child), even if they are not accompanying the principal applicant to Canada. Currently, the consequence for failing to have a non-accompanying family member examined is a lifetime bar on being able to sponsor that family member. This can also result in a misrepresentation on your file that could lead to a revocation of your permanent resident status.

But not all hope is lost!

Starting in September of 2019, the Canadian government created a pilot program to allow some to sponsor their previously undeclared family members if they meet certain eligibility requirements. These requirements are:
1) The foreign national has applied as a spouse or a common-law partner in the Spouse or Common-Law Partner in Canada class or as a spouse, a common-law partner or a dependent child in the Family Class;
2) The foreign national has a sponsor who:
A. Applied for, and was granted permanent residence status as a Convention refugee or a person in similar circumstances; or,
B. Was granted permanent residence after having been determined to be a protected person; or,
C. Was determined to be a member of the Family Class, and was granted permanent residence as a sponsored spouse, common-law partner, conjugal partner, or dependent child; or,
D. Was determined to be a member of the Spouse or Common-Law Partner in Canada Class and was granted permanent residence as a sponsored spouse or common-law partner.
3) The foreign national, if declared and examined at the time their sponsor immigrated to Canada, would not have made their sponsor ineligible in the class that the sponsor applied for.
Lucky for you, it sounds like you might qualify! When dealing with a serious issue like this, it is very advisable that you seek professional advice on the next steps. Contact our office and we can offer you a FREE initial consultation to assess you further and determine if you qualify for this program.

Bah humbug! Needing a Christmas miracle
Question from Miguel in Red Deer, AB:
Back in March of this year, I lost my job as a commercial painter because of the COVID-19 pandemic. I was working in this job for almost 24 months on an employer restricted work permit. My employer had obtained a labour market assessment to hire me from the Philippines. I was unable to find work with another employer and my work permit recently expired. I am now out of status! I have two young daughters and a wife at home also out of work! What can I do to fix my status?

Answer: Great question Miguel! Sounds like a common situation that could happen to anyone in this current COVID world. You do have a couple of options. First, we would always recommend you immediately resolve your status issue by changing your status to a visitor record and ensuring your temporary resident status is still valid. We usually would recommend you do this before your status expires, however because your work permit has already expired, you might qualify for a restoration of status if it has been less than 90 days since expiry. IF you are outside of the 90-day restoration period and have not tried to resolve your status, there still may be an option! **See below**

When all else has failed, you may qualify for an exemption to the requirements you need to meet to stay in Canada and may also be able to apply for permanent residency based on humanitarian and compassionate considerations. This is a last resort option and can be a saving grace for people in your situation. Here are some things to consider:
1) You need to prove your and your family’s establishment in Canada. This can be done by providing a photo record of your experiences in Canada as well as showing school records and providing support letters from friends and family here in Canada who can support your case.
2) Best interests of children involved. You mentioned you have two young daughters with you. There is a legislative requirement in immigration law that requires a decision maker to take this into account! Make sure to explain how your two daughters will be affected if they are forced to leave Canada.
3) Explain your status issue. Make sure to detail exactly what you want IRCC to consider and explain how you have attempted to resolve your status issues and overcome your situation.

Rest easy knowing Freedom Migrate offers full representation for the entire process. We help you build your case and prepare you for the permanent resident application to follow. Our prices are very reasonable, and we work hard to build a competitive application for you!

Have a question? Send us your submission to freedommigrate@gmail.com or call/text 587-938-3100 from anywhere in Alberta!

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