Mother of three Canadian children allowed to stay in Canada

by Sukhram Ramkissoon 

Canadian Immigration Laws stipulate that all persons wishing to live in Canada permanently, must first submit an application for permanent residence outside of Canada. 

Sukhram Ramkissoon

The law also provide that everyone has a right to seek an exemption from this requirement by making an application for Humanitarian and Compassionate (H&C) consideration from within Canada.

Persons who usually fall under this class are persons who have either overstayed their status, facing removal from Canada or have criminal convictions or other inadmissibilities.  In some cases, a person can have a combination of issues.  The law prohibits persons who are inadmissible due to serious criminality from making such an H&C application.

Let us examine the case of a person who I will refer to as “Sherry.” She is a citizen of St. Vincent and the Grenadines, and has never had any contact with Immigration, Refugees and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA). She originally came to Canada in 1999 as a visitor at the age of 25, and has lived in Canada for over 22 years without status.  She is hard working, courageous and a very dutiful, caring, and loving mother of three sons born in Canada, ages 17, 12 and 8. These children have always resided with Sherry since their birth, as their respective fathers abandoned them since or prior to their births.

Apart from her children, Sherry also has a daughter who obtained permanent residence status under an H&C application several years ago, and she is the mother of two Canadian born children.

Some time around 2005, the father of one of Sherry’s sons, submitted an H&C application indicating that he is the father of a child born in Canada and Sherry is the mother of the said child.  His application was refused, and IRCC began an investigation on this person, who Sherry had no contact with; however, warrants were issued to both Sherry and the father of her son.  Sherry was completely unaware of the investigation and the warrant issued against her, since she was never contacted by any immigration authoritative body.

Sherry has never been married nor ever lived in a common law relationship. Before coming to Canada, she was in a very abusive relationship which resulted in the birth of a daughter who is now in Canada. Her parents and one sibling reside in St. Vincent whilst her other siblings are citizens of the USA.

A few years ago, Sherry retained our offices to pursue an H&C Application based on her present circumstances, hardships in returning to St. Vincent, family ties, establishment, and the bests interests of her three Canadian born children.

In December 2020, our office submitted an application for permanent residence on her behalf and followed up with extensive submissions in May 2021.

Within the submissions, we addressed all the relevant factors on why Sherry should be allowed to remain in Canada permanently by requesting an exemption from all the applicable criteria to be met.  Such as, requesting an exemption from her non-compliance to remain in legal status working without legal authorization, and of course requesting an exemption from the permanent resident visa requirement based on her personal circumstances in Canada and abroad.

Sherry has been a struggling single parent but was able to provide her children with a healthy and safe living environment; she has no support from their respective fathers. She has supported herself as a domestic worker and has worked for the employer for over 16 years.  She never sought any public assistance and is not in receipt of any type of assistance with respect to her children.  We also made substantive submissions with respect to the best interests of her children.

In June 2021, our office received a letter from the Humanitarian Migration Unit, stating that they are reviewing Sherry’s case and are considering granting her the exemptions requested, however, Sherry was the subject of an immigration warrant.  They requested that she contact CBSA to execute the warrant.

This was immediately done and on July 14, 2021 Sherry received a letter that her application was approved, and she can now apply for a work permit which she immediately did.  She was also requested to undergo medical examinations and biometrics with which she also complied.

Congratulations and good luck Sherry, as you will soon achieve your dream of becoming a Permanent Resident of Canada, after living in Canada for over 2 decades without legal status.

SUKHRAM   RAMKISSOON  is a member of ICCRC and specializes in Immigration Matters at No. 3089 Bathurst Street, Suite 219A, Toronto, Ontario. M6A  2A4.  Phone 416 789 5756.