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Q. I’m a Canadian citizen living in Las Vegas, Nevada.

I have been working in the USA for over five years but my wife has no status in the USA.

I want to bring her to Canada but we are afraid that the USA immigration authorities will deport her.

Do we need to return to the Philippines to have this done?

A. No.

If your relationship is genuine, in many cases you are able to have the application processed without ever having to leave the USA.

As well, there is also little chance she will be deported due to the sponsorship.

In other words, Canada will not contact USA to deport her.

Q. I’m a live-in caregiver and completed 24 months of work experience.

I applied for permanent residence in Canada and obtained an open work permit.

The work permit was only for a short duration as my passport was expiring.

It then took me a while to get the new passport.

By that time, my work permit expired and I cannot restore my status.

How do I get my application back on track?

A. This is complicated and a problem.

If you no longer have a valid work permit and you are outside the 90-day statutory period to restore, then you probably are not a member of the live-in caregiver class.

As a member of that class, you need to be the holder of a valid work permit until permanent residence is issued.

If you are no longer eligible under that stream, you should consider other options.

For example, you can consider applying under compassionate grounds or you should investigate whether you can apply under the new caregiver rules.

Upon review, it appears that a person does not need to hold a valid work permit to qualify.

That is not to say that those with no status will automatically be approved (since it is a violation of the rules to remain in Canada illegally) but there is no statutory requirement to apply under this new class.

In my opinion, it perhaps opens the door for people who lost their status and do not currently hold a valid work permit.

It should be noted that the live-in caregiver class does indeed have a statutory requirement to hold a valid work permit at all times.

Second, if you worked for 24 months by now, it may be something you should research in lieu of the humanitarian application.

To qualify, you must:

1. Have qualifying work experience on a full-time basis (at least 30 hours per week) at the time application is received.

2. Provide proof of your work experience. You do not have to be employed at the time you submit your application. Work experience does not need to be continuous but the work must have been authorized and work outside Canada does not count.

3. Must have a good level of proficiency in English in these four areas:

•listening,
•speaking,
•reading, and
•writing.

4. Must have a completed Canadian one-year post-secondary educational credential OR a completed foreign educational credential AND a satisfactory Educational Credential Assessment with minimum equivalency

Q. I graduated from George Brown College and obtained a post grad work permit for three years.

My work permit will expire July 2016 and I want to apply for express entry.

Will I be able to obtain my immigrant visa before my work permit expires?

If not, how could I renew the work permit?

A. If you have been following the recent trend in express entry draws, you will have seen that the last three draws included applicants with scores of about 800 / 1,200.

This translates into applicants who were successful in obtaining job offers.

You have not indicated if you have a job offer or not.

Assuming you do not have one then you will likely score much lower than 800.

That is the bad news.

The good news, in my opinion, is that the threshold numbers are coming down and time will tell at one point they will fall.

It is unjust to exclude qualified applicants like you who easily qualified under the previous Canada Experience Class which did not require a job offer.

If you do get selected under express entry by mid-2016, you must obtain a labour marker impact assessment (LMIA) to get it renewed.

An approved LMIA will be worth 600 points and will most likely get you over the hurdle into the next draw.

Q. I’m a Canadian citizen since 1980.

I often travel to the Philippines for business.

Last year I met a woman in Manila and she just gave birth to our child.

I do not wish to sponsor her but I want to bring the child to Canada.

Can I?

Do I need to sponsor the child?

How do I file the application since I spend most of my retired years abroad?

A. First things first.

The child does not need to be “sponsored.”

The child was born to a Canadian father and therefore the child is a Canadian citizen.

It is irrelevant if you want to sponsor the mother of the child.

You now need to initiate the process for proof of citizenship of the child.

If you are in Canada, then this can be done via the Sydney, NS processing centre.

If abroad, you can contact the local Canadian Embassy, but in my experience that process will extend processing times an additional six months at least.

***

Atty. Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.

The above article is general advice only and is not intended to act as a legal document.

Send questions to him by e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call toll-free: 1-888-847-2078.

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