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Hello, I am a Canadian Citizen (born here) and I am married…

Hello, I am a Canadian...

Hello, I am a Canadian Citizen (born here) and I am married to a Ukraine citizen (wife) since 2008. She is now a permanent resident of Canada. She has a daughter living in Kiev. She came to Canada in 2008 as visitor to attend our wedding and went back to Ukraine to continue university. She is now 27 with a 7 month old son. She has tried to get a visitors visa (with our invitation) twice since but was rejected both times. It is no secret that we want her and her son to come to Canada to live with us and we want to do everything legally. We are wondering if there is any hope or validity to the prospect of applying for permanent residence based on humanitarian or compassionate grounds? We are extremely frightened about uncertainties going on in Ukraine right now and we fear for their safety. Is this an option that we can persue? We just don't know what to do.
Regards,
G & L from Calgary

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Answered in 1 minute by:

3/7/2014

Lawyer: Debra, Lawyer replied 9 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 148,322

Experience: Lawyer

Verified

Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Has her mother been supporting her all this time?

Customer reply replied 9 years ago

My wife and I have been sending funds as needed over the last 5 years and we bought the apartment for her to live in Kiev. She has worked sporadically since getting her degrees and diplomas from university. Work is difficult there and is more so now that she has a baby son. We have found it to be difficult to get funds to her now that the Ukraine is nearly shut off to people, financially and physically.

Lawyer: Debra, Lawyer replied 9 years ago

The mother can sponsor her if she can show that she has been dependent.

Please read this:

Dependent children

Refers to the children of the applicant or those of the spouse or common-law partner.

They must:

be under the age of 22 and not have a spouse or common-law partner, or
depend substantially on the financial support of a parent and have been continuously enrolled and in attendance as full-time students in a post-secondary institution accredited by the relevant government authority since before the age of 22 (or since marrying or entering into a common-law relationship, if this happened before the age of 22), or
depend substantially on the financial support of a parent since before the age of 22 and be unable to provide for themselves due to a medical condition.

If this applies then your spouse can sponsor her child and her grandchild.

If not then perhaps she could come here on a temporary work permit. She would need a job offer. If you think that is possible let me know and I will explain how this works.

Customer reply replied 9 years ago

Unfortunately, my wife is not working at present, so she is not able to sponsor. I cannot sponsor her either as I had been the sponsor for both my wife and her daughter when we applied for permanent residence. My wife was approved but my step-daughter was rejected, therefore I was told that I could no longer be a sponsor to her in the future. We have already explored the possibility of applying for a work permit, but with mixed results. We have someone to offer her a job, but we don't know if she would be accepted based on she only speaks Russian and she has a little baby. Is this a big obstacle or is there the possibility she could get a work permit this way?

Lawyer: Debra, Lawyer replied 9 years ago

What was the reason for not allowing you to sponsor her?

Customer reply replied 9 years ago

If I remember correctly, the person who reviewed our application for permanent residence did not seem to believe that my step daughter was fully enrolled in a full time course. She had graduated from university and then decided to take a two year sport therapy course when we applied. We/she submitted documents and affidavits to prove she was taking the course, but she was still rejected. Subsequent to her rejection, I believe I read somewhere on the Canada immigration website that if I had sponsored someone and it failed, then I wouldn't be allowed to sponsor that person ever again. If I can reapply as a sponsor for her permanent residence, then I will gladly do so. What application form would I use? We applied under the family application before but would there be a different form to use for this situation?

Lawyer: Debra, Lawyer replied 9 years ago

As far as I understand it and the rules do change constantly, your spouse can sponsor her even if she doesn't have income as there is no income requirement for spousal and dependent children sponsorships. And she can also show your income.

Given there are all these complications, including a refusal of her being sponsored once already, I suggest that you have the facts analyzed by an immigration lawyer face to face.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or
403-228-1722 in Calgary

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 148,322

Experience: Lawyer

Verified

Debra and 87 other Canada Law Specialists are ready to help you

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Customer reply replied 9 years ago

Thank you very much for the answers and advice. There may be hope for us that we can reapply as sponsors for our daughter and grandson by contacting the Law Society as you mentioned. We will keep trying.

Regards,

G & L from Calgary

Lawyer: Debra, Lawyer replied 9 years ago

I think there is hope.

Good luck!

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