Q. Hello,

My friend had Temporary Residence Status in Canada which expired. He failed to apply for Restoration of his status within 90 days of his expired status. However, he was recently offered a new job in Canada with an approved Labor Market Opinion (LMO) from Service Canada.

Canada Immigration advised him to go back to the Philippines where he is from. Is this the correct advice? If so, how long will it take for him to get his Visa to return to Canada?

Thank you!

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A.  When someone is in Canada as a temporary resident whether it’s for visitation, work or study and that status expires, there is a 90 day period within which to apply for Restoration of that status. This application can be made from within Canada. However, if the Restoration application is not made on time, then are no options other than making a Humanitarian and Compassionate application (if appropriate). In most cases, the applicant will indeed have to leave Canada and apply to a Canadian Embassy or Consulate from outside Canada. The problem is that the overseas Visa Post may refuse this application due to the fact that the applicant overstayed his or her status in Canada in the past. In other words, this past “immigration violation” could come back to haunt the applicant in any future application. It is therefore very important to show, in addition to the qualifications of the applicant, proof that there will be no future overstays or immigration violations despite mistakes made in the past. Not an easy hurdle to overcome.

Q. I was accepted in Canada as a “Convention Refugee” in early 199 and later received my Canadian Permanent Residence. I have four Canadian kids. I moved with my husband to US in 1997 because my husband got a job in America. By 2003 we became US Citizens. A number of times Immigration Canada contacted me to pick up my PR Card (Permanent Residence Card) but I was unable to go Canada.

My husband left for another country. 12 years have passed and I visited Canada a couple of times as an American. Now my Canadian kids want to go back to Canada and I wish to move back with them. But I’m not sure about my status in Canada. I want to get back my status.  Is that possible? Can I get back my Canadian PR from US before I move back to Canada? What should I do?

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A.  Assuming that you landed in Canada in the early 90s, your settlement in the US since has resulted in you abandoning your status in Canada as a Canadian permanent residence. As you have not picked up your PR Card, and have remained outside Canada, you have lost your status. You therefore have to re-apply for Canadian permanent residence. Your children who are born in Canada are Canadian citizens. However, you will have to apply for Permanent Residence again to get your status back.

Generally, when issued a PR Card, you have to remain in Canada for at least 2 years within a 5 year period in order to renew it.

Do you have questions about Canadian or US Immigration or Visas? Reliable information about immigration is hard to find. The Internet is full of misleading and sometimes outright false information.

To ensure that you get the right advice, contact us by email at info@visaplace.com or call us at 1-866-929-0991 for a consultation. Whether you wish to speak with us over the phone, through MSN or visit us at one of our immigration offices in Toronto, Hamilton or Buffalo, we can advise you about your immigration and visa situation.

Here is what one person said about his experience:

Dear Niren and Associates,

I would like to thank you all for you help in answering my many questions about Canadian immigration. I would personally like to thank Mr. Niren for taking time out of his schedule to talk with me and if at all possible would like this email sent to him so I can express my gratitude. I really do thank you for your time Mr. Niren and hope that we can work together in the future on my case.. Thank you again for your time and your assistance.

Sincerly,
John R.

Hello. I was laid off from a construction firm early this year and I am on an LMO. Instead of going back home I stayed in Canada to find some work. Now my work permit is expired. I applied for a 90-days restoration of status to stay in Canada while waiting for a new job but my LMO will expire this week.

These are my questions

1. Can I renew my work visa in Canada?

2. Can I file another restoration to stay while waiting for a new job?

3. What are possible solutions I can follow to remain in Canada?

Thank you sir!!

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If you are on a work permit based on a positive LMO (Labor Market Opinion) from Service Canada, then both your LMO and Work Permit cease to be valid. You should have applied for a change in status to a temporary resident if this happens. If you wait until after your work permit expires, then you can apply for a restoration of your status within 90 days of the expiry date. Since you did that, you can stay in Canada until a final decision is made. Given you were laid off from your job you can not apply for a renewal of your work permit but rather a new one once you find a new job. But first your new employer must apply for a new LMO.

During all this time, make sure you are in valid status in Canada as a temporary resident.

We are a same sex couple from New York and wish to immigrate to Canada. How can this be achieved?

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For years, Canada has recognized the validity of same sex relationships and considers them on equal par with more traditional family unions. If you are married as a same sex couple or have been in a common law or conjugal relationship together for one year or longer, you could be eligible for sponsorship under the Family Class. If your partner and yourself are neither Canadian citizens or Permanent Residents of Canada, it may be possible that one of you may qualify under the Canadian skilled worker category and the other can apply as a dependent spouse.

In most states in the US and in other countries, same sex marriage is prohibited. Here in Ontario, same sex couples can indeed get legally married. However, whether you are legally married in Canada or elsewhere, you can file for sponsorship or otherwise consider a common law or conjugal application.

Same sex immigration applications are supposed to be treated in the same manner as  all other applications. However we have found that generally a higher level of scrutiny is often applied to these applications. Therefore it is very important to document your relationships very well in preparation for your applications. This immigration office sees a great deal of same sex cases and, like other immigration applications, there is no substitute for well-prepared applications and applicants.

Hello Mr. Niren,

I would like your opinion on my sponsorship. My husband was refused because of my previous marriage. Canada Immigration jumped to the conclusion that my second marriage is not bona fide because of my previous marriage was brief . I have reapply with more proof that my marriage is genuine. What do you think will happen? Do you think I should have appealed the case?

Thank you

Lilian

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Having a previous marriage is not itself enough for a Visa Officer to conclude that your current marriage is not genuine resulting in a refusal. In your Sponsorship Application you must have not properly documented your relationship. When there is a refusal in such circumstances, the usual course of action would be to appeal the decision to the IAD within 30 days of notification of refusal. At the IAD you can show though additional documents and testimony, that your case has merit. If you are too late in filing the appeal, you can re-apply but make sure in your application, you address the concerns of the first refusal and try to get access to the computer notes regarding your case.