Immigration Matters

Sukhram Ramkissoon

Carmaine and Amy now looking forward to becoming  permanent residents of Canada

Many persons have contacted my office with respect to regularizing their status in Canada. Some have entered Canada as visitors and overstayed the time which they were allowed to remain in  the country; others have accepted employment without work permits and yet others were unsuccesful refugee claimants who failed to appear for their removal from Canada.

One  person who falls within the above categories is Carmaine who is 40 years of age and came from a small island in the Caribbean.  She had submitted a Humanitarian and Compassionate (H&C) application in late 2018.

Carmaine’s immigration history is as follows:

In 2009, she fled her country following persecution and  abusive  treatment from her partner.   She initiated a claim for refugee protection and other applications, which were all denied.  Then in  2011,  she was joined by her daughter, Amy , who was  eleven years old.   Since then Amy has remained in Canada with her mother without any contact with the immigration authorities.

However, Amy’s name and date of birth were  included in all subsequent  H &C applications filed by Carmaine who was able to work and send Amy to school.

 Amy completed high school and  is now at university and Carmaine is also the mother of a Canadian born child who is now three years old.                   

Last January, Carmaine contacted our office to update her applications as circumstances had changed since her initial H&C application was  forwarded in 2018. But during that month, Carmaine was involved in a car accident  in Scarborough.

While investigating the accident, police discovered that there was an outstanding immigration warrant against her and contacted the Canada Border Services Agency (CBSA).  She was subsequently arrested. 

She said the CBSA officer was sympathetic to her situation and released her on a $1,000.00 bond.  She was also requested to report twice monthly to their office.

Because of the accident and recent  dealings with CBSA, Carmaine wanted to update her immigration application.

She had received severe personal injuries as a result of the accident  and was getting medical attention.To date, she has not received any compensation or damages for her personal injuries and cannot afford a lawyer to pursue  the matter im court.   Her daughter, Amy, was in her 2^nd year  at university, majoring in psychology.  Amy was assisted financially by a family doctor, friends, and her mother to pay for her school fees.  She was not entitled to any  government assistance.

Within the updated application package, we again addressed the hardships which  Carmaine and Amy would face if removed from Canada – their establishment, and best interests of the child.   .

Amy also submitted a personal letter,  providing details about  her life in Canada, She  said that she has dreams of earning her PhD in psychology and that she wishes to focus on family  and child development therapy and noted that Canada offers  opportunities in psychology research.

Amy  also said that she sees her culture and race not well-represented in the psychological field in Canada and would like to change that and be among the community leaders who assist and provide support to those in need. 

She  also pointed out that she would like to bring greater awareness within the Black community of the problem of  mental illness.

H & C factors are assessed by Immigration Officers for the purposes of determining whether to grant an exemption from certain legislative requirements.  This is required under the Act to allow applications for permanent residence status from within Canada to be processed.

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.

Recently, our office received a letter from Immigration and’ Citizenship, informing us that the application filed on behalf of  Carmaine and her daughter for permanent residence from within Canada on  H & C grounds was assessed.  A representative of the Minister of Immigration  had approved their request and that their application will be processed from within Canada.  They can now apply for a work or student permit.

Carmaine and Amy were overjoyed with the news and are anxiously  looking forward to becoming  permanent residents of Canada.

Congratulations to Carmaine and Amy! 

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.