By Sukhram Ramkissoon

James (not his real name) is a citizen of Jamaica who entered Canada in March 2018, at the Lester Pearson International Airport as a Farm Worker with a work permit which would expire in December 2018.

Before his work permit expired, he retained a representative to apply for an extension of his status as a visitor, which was granted. However, he thereafter contacted two separate representatives to assist him in having visitor’s status further extended but was unsuccessful.  His last request was denied in February 2020, and he has remained continuously in Canada without status.  

After completing his contract as a farm worker, he moved to Hamilton with a friend and in May met/contacted Marcia (not her real name) through Facebook Messenger.  They then gradually developed a relationship, communicated, dated, visited each other and attended a few social events before he moved in with her and her son, 7 years old, in Brampton in September 2020.

In November 2020, the couple found out Marcia was pregnant, and they got engaged that same month. In February 2021, the couple moved to their present address in North York and continued to reside together until this present date.

They were married in April 2021, with two (2) guests in attendance, solely due to COVID restrictions, as it was their wish to be married before the birth of their child.   Their wedding ceremony was held in the wedding officiant’s backyard and in July 2021, the couple was extremely happy with the birth of their daughter, who is the 2nd child for Marcia and the first for James.

The couple contacted my office, and the writer represented them and initiated an Inland Spousal sponsorship application in August 2021.  This application was received by IRCC and was being processed, when unfortunately, due to adverse influences by friends (James would leave her after obtaining his permanent status) Marcia withdrew the application in January 2022. James was informed of this withdrawal by IRCC in a letter dated in the same month.

Although the sponsorship application was withdrawn, the couple and their family continued to live together as one happy family. James is very much in love with his spouse, and they have a solid relationship.  James had full confidence in my office and in April 2022 he retained my firm to submit a Humanitarian and Compassionate Application for permanent residence based on several factors which was fully addressed and documented in my submissions.

Essentially, we addressed the solid relationship between the parties and although they are in solid genuine marital relationship with a Canadian born child, there was a reluctance of his spouse to sponsor him. If he was to return to Jamaica, his daughter and stepson would not have the benefit of his love and support; this would not be in the best interest of the children. He will be unable to continue with the father-daughter relationship as it will be in the best interest of the child to have both parents together in her life.  James desired to remain in Canada and be a productive person and has stated in his applications that he is working in the construction industry since his status expired.

Since in Canada he was able to send financial support for his mother and siblings to assist them in their schooling and wellbeing. James provided solid proof that he and his spouse and children are cohabiting together and provided proof by way of letters from various friends, driver’s licence, joint bank account, etc. 

James also provided letters from Marica’s parents supporting their solid relationship and residence together, despite their daughter’s unwillingness to sign a sponsorship undertaking.   He also apologised to immigration for working without authorization and stated that he knew it was wrong, however he sought employment as he wanted to support his spouse and family rather than be dependent upon social services.

In May 2023, our office received a stage one letter indicating that his application for permanent residence under humanitarian and compassionate grounds was approved and he may apply for a working permit and pay the necessary right of landing fees.   He has complied with their instructions, by sending the relevant requested documents to support his statutory requirements and has paid the landing fees.  He is presently awaiting his permanent residence status in Canada which will be issued to him under humanitarian and compassionate grounds.

SUKHRAM RAMKISSOON is a member of CICC and specialise in Immigration Matters at 3089 Bathurst Street, Suite, 219A, Toronto, Ontario.  Phone 416 789 5756.