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By Sukhram Ramkissoon

A common law couple with a Canadian-born child retained my office to represent them in their desire to remain in Canada permanently. My daughter, Cindy Ramkissoon-Shears, had carriage of their file. After obtaining their instructions and all pertinent documents, she submitted a Humanitarian and Compassionate (H&C) application on their behalf requesting that they be granted permanent resident status on the grounds of hardship, establishment, and in the best interests of their child.
The following was submitted for consideration:
- The female applicant who I will refer to as Amy (not her real name) was born in 1982, in Bosnia and Herzegovina. Due to the war in the beginning of 1990, she fled with her family to Zagreb, Croatia, and is a citizen of that country; she does not hold citizenship in any other country.
- She came to Canada in May 2014, as a worker under a work holiday visa for one (1) year and applied for an extension. However, it was refused because she did not have a Labour Market Impact Assessment (LMIA) and has remained continuously in Canada since that time.
- Upon her arrival, she found employment at a restaurant and created lasting friendships with persons she met there.
- She apologized for staying in Canada without status, and that her primary purpose for staying was because of the hardships she faced in Croatia. She lived in a small apartment with her family. She said that there were no opportunities for employment, and her last employer refused to pay her what was due.
- Since the expiry of her work permit, she has continued to work with several employers and has maintained active employment to the present date.
- In May 2019, she met James (not his real name) who is from Ireland, and they have been living together since February 2020 and have a son born in June 2020 in Toronto, Ontario.
- Amy’s son and partner mean everything to her, and being separated from them is horrifying, stressful, depressing and any other negative emotion a person can feel.
- If she is removed from Canada with her son, who is young and needs his mother’s presence, this would not be in the child’s best interest since he will be separated from his father who spends the entire day with him.
- Her parents live in a small one (1) bedroom apartment, and she does not have any siblings. These accommodations would not be in her son’s best interest and finding full-time employment would be difficult, especially having a young child.
- If James returns to Ireland, they could not join him, since he would be returning to his mother’s house, who is raising seven (7) children, five of whom are his siblings, and he does not have a relationship with his father.
- It would be a hardship for both parents to be separated from their son as they have been living together and witnessing the growth of their child. As parents, this is the greatest gift they could experience as James never grew up with this father and this is an enormous hardship for him thinking he might be separated from his son.
- After James’ work permit expired, he did not renew or change his status and has remained without status.
- They are not on social assistance and provide for all their food and costs on their own, although Amy is the only source of their income.
- The couple’s greatest pride and joy is their son. They are fearful of their family being separated and never reunited again.
- Amy stated that great shame will be brought to their families by the mere fact that they cannot remain together in the same home and in the same country. They met in Canada, began building a relationship, living together in Canada, and had their first child in Canada. They consider Canada their home and the living situation and conditions in Ireland and Croatia are not in their child ’s best interest.
- James was born in 1995 in Dublin, Ireland, and he is citizen of that country; he does not hold citizenship in any other country.
- He originally entered Canada on April 2019 as a worker with a holiday work visa and held this status until April 2021. He previously worked in Australia under a work permit and stated that he took these opportunities due to the lack of opportunities in his community, as he lived hours away from the city.
- Because of his living situation at home and Amy’s living situation in Croatia they would not be able to live together, nor either of them had permanent residence rights to each other’s home countries.
- This family would be forced to be separated for long periods, and acknowledged that short-term visits would not be in the best interests of their child, also given that their family homes could not accommodate additional persons.
Amy and James’ son is 2 ½ years old and has had the privilege of having both of his parents in his life from birth. He understands the dynamics of his family and the reliance on both parents as he grows older and is aware of his surroundings.
In Cindy’s submissions, she argued that in this case, the choice and reasons this couple remained in Canada in precarious states are their own, however, the choice to separate this family is under Immigration, Refugees and Citizenship Canada’s (IRCC) control, where its decision to separate this family will directly affect this child. If Amy and James’ are removed to their respective home countries, this child will be forced to reside thousands of miles away from the other parent and both parents would be forced to live apart, solely as a result of being citizens of different countries.
Last week my office received a letter from IRCC stating that the couple’s application for permanent residence under humanitarian and compassionate grounds was granted and they can now apply for employment authorizations.
Good work Cindy and good luck to Amy and James!
SUKHRAM RAMKISSOON is a member of CICC and specializes in Immigration Matters at No. 3089 Bathurst Street, Suite 219A, Toronto, Ontario. Phone 416 789 5756.