P.S.W succeeds on her second try for permanent residence

By Sukhram Ramkissoon

Sukhram Ramkissoon

A 64-year-old Guyanese woman who I will refer to as “Norma” was recently informed that her second application for permanent residence under humanitarian and compassionate grounds was approved and she is now eligible to apply for permanent status from within Canada.

Norma last entered Canada in March 2014 and was granted a six-month visitor’s visa. She did not apply to extend her status since its expiry in September 2014. She previously applied for permanent status based on humanitarian and compassionate grounds in September 2020 which was refused in April 2021. In the refusal, the officer cited a number of reasons such as insufficient evidence of establishment where she volunteered/worked or the nature of work; documentation from the individuals who benefited from Norma’s assistance and further an elaboration of her experience in geriatric care.  The officer also cited in the negative reasons that there was insufficient evidence of how Norma supported herself financially and there was a lack of information about her establishment in Canada, nor was there sufficient evidence to corroborate the country conditions in Guyana and her fear of returning to that country, if her hardships linked to such factors.

In July 2021, our office through my daughter, Cindy Ramkissoon-Shears, submitted a second humanitarian application with supportive documents and submissions, essentially addressing and providing the necessary proof with respect to the first officer’s negative decision.

Cindy submitted that Norma is 62 years of age, initially coming to Canada to visit her son who had an accident at the time. She overstayed her status in Canada and would like to remain in Canada permanently based on the hardships and other reasons she would suffer if she were to return to Guyana. Growing up in Guyana was not easy for Norma, as she never had the opportunities to complete a tertiary education, however in Canada she was able to do so, where she completed a certificate as a Personal Support Worker.

Norma grew up in a low-income household which contributed to her parents not being able to provide beyond housing and food. The health system in Canada allowed Norma to better control and manage her health issues, to which she responds positively.

In the second application, Cindy addressed the documents that were included in Norma’s first application, which was ignored by the officer, yet part of the negative reasons.  Norma provided several letters attesting to her volunteering, inclusive of photographs, to both group and private homes as a caregiver. She also volunteered in projects for knitting at an institution in Scarborough where she knits blankets for the elderly which are also sent to other countries.  Norma also did odd jobs on weekends such as cleaning people’s home and doing their laundry.  Norma provided several documents establishing that she was a PSW, had completed her course, and gave a description of the course she took.

In both of Norma’s applications, she stated that she attended programs that taught leadership at symposiums. She continues to attend programs that teach her about depression, mental illness and how to cope with people living with chronic conditions. She has also been working with the elderly for numerous years and has made a significant impact on their lives, especially during the pandemic. She is fully capable of taking care of herself and is self sufficient. Her passion is to help those who cannot help themselves, because she has experienced so much hardship in her life.

In support of her application, she provided a number of letters of support from reputable institutions and other individuals who have all attested to her good character, to he determination to succeed and her contribution to society. In her plea to remain in Canada she stated that if she was deported to her home, it would affect her psychologically, emotionally, and physically because of the high cost of living, high crime rate and unemployment in Guyana.

Cindy made detailed submissions as to why this second application should be accepted and submitted that Norma has set deep roots in this country, is established, contributing to society as an essential worker and wishes to remain in Canada based on the factors addressed in the supporting evidence. The life Norma would return to in Guyana would be virtually purposeless and disproportionately hard.

Recently our office received a letter informing us that Norma’s application for permanent residence under humanitarian and compassionate grounds was approved and that she must now meet all other requirements such as passport, medical, security and arrangement for care and support. She can also now apply for a job or study permit in Canada.

The road to success in these types of cases are not easily achieved, as some clients undergo a long and uncertain path, stress anxiety, frustration only to meet roadblocks and disappointment.

Good luck Norma.

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