Immigration Matters   Sukhram Ramkissoon

Applicant for permanent residence succeeds on the second try

Canadian immigration laws clearly stipulate that all persons wishing to live in Canada permanently must first submit an application for permanent residence outside of Canada.   

The laws also provide that everyone has a right to seek an exemption from the requirement of the above law, and this can be done by making an application for humanitarian and compassionate consideration from within Canada.  

Persons who usually fall under this category are persons who have either (1) overstayed their status or (2) are facing removal from Canada or (3) have criminal convictions or other inadmissibility’s.  In some cases, a person can have a combination of these issues. The laws also prohibit certain persons who are inadmissible for certain reasons from making this type of application.. 

Let us look at the case of a person who I will refer to as Sandra (not her real name). She has consented to the publication of some of the important facts in her case.  Sandra is from Jamaica and has been living and working in Canada without status from the latter part of 2011 to the time we submitted her application in mid-2019.

She originally entered Canada in mid-2007 and was granted status as a student until the end of 2009.   She last entered Canada in October 2011, as the holder of a Post-Graduation Work Permit.  She held such worker status until August 2012.  In an application sent in July 2012, she attempted to renew her work permit. However, she was not in possession of a Labor Market Opinion (now referred to as a Labor Market Impact Assessment) and  her application was refused. 

Sandra attempted again in December 2012 to restore her status, and her application was refused in February 2013.  She was then informed that she must leave Canada.  She did not leave but opted to remain in the country.  In February 2014, through her previous counsel, she submitted a Humanitarian and Compassionate (H&C) application which was refused in July 2014. 

Sandra consulted our firm in early 2019 and in March of the same year we submitted a second   H&C application.  We specifically pointed out that we did  not believe, a full disclosure of her matter was presented by her previous counsel.  We pointed out in our submissions the relevant hardships that would be suffered by Sandra, the best interests of her daughter and other important factors that were omitted in the previous application.

We submitted a new application with new updated information with respect to Sandra’s establishment in Canada, the best interests of the Child and assessment of hardships and family support. We presented, among other matters, the following facts:

• Sandra was born in 1976 in Jamaica. She has a twin sister named Marcia (not her real name).  
• She has a dependent daughter born in 2003 who is currently residing in Jamaica with her twin sister.
• Her life before coming to Canada was extremely difficult and it was hard to support her daughter since there were limited opportunities in Jamaica.
• It was not safe for herself and her daughter to reside in Jamaica.
• She is the most important person in her daughter’s life, and she felt it is her duty to provide a safe environment for her daughter. She takes care of her daughter’s best interests with respect to the child’s financial needs, education and other matters.( The child’s father is deceased.  )
• Before coming to Canada in 2007, she was gainfully employed. She worked as a Branch Administrator for a store.
• She resides with her mother and another sibling who are very supportive of her application.
• She is currently working as a personal caregiver in a private home and is a dependable, loyal and honest worker.
• From her earnings in Canada, she is able to support her daughter in Jamaica.

She explained that she came to Canada for two main reasons: to complete her studies and subsequently to apply for permanent residence. In so doing, she would be able to create a better lifestyle, living environment and livelihood for both herself and her child.

Her intention was to come to Canada and stay with her mother who is well established, had her own home and was very supportive of her decision to migrate to Canada.

In 2008, there was a downturn in the financial market which made it very difficult for persons to get jobs in the financial field. She graduated from Humber College in Toronto in June 2009 with a Diploma in Business Management Financial Services. There were no hiring opportunities and most, if not all financial companies were fearful of the unknown future of the economy. It was a global financial crisis that greatly affected Sandra’s opportunities in Canada – a problem which was beyond her control.  

Sandra felt that in order for her to qualify for permanent residence, she must obtain a job in her field of study. But unfortunately there were no opportunities for work in that field. She then  became very worried  about her future,  and that of her child.  She needed experience in her field, not only to stay permanently in Canada, but to also support her daughter.  Sandra then began working in odd jobs, to support herself and daughter, as she did not have any other options.

It is important that when authorized persons represent non- status persons, they should utilize their knowledge, skills, and expertise in providing a clear picture of the applicant’s situation. It is imperative for them to utilize these skill sets when it comes to submitting a complete humanitarian application.

Recently, our office received a letter from IRCC informing us that Sandra’s application was approved and that she has met all requirements and will be granted permanent residence. She was overjoyed with the news and is looking forward to being reunited with her daughter.

Congratulations, Sandra!  

SUKHRAM RAMKISSOON is a member of ICCRC and specialises in Immigration Matters at No. 3089 Bathurst Street, Suite 219A, Toronto, Ontario.  Phone 416 789 5756.