Immigration Law Too Hard in Sponsorship Cases

Pace Law

Immigration Law Too Hard in Sponsorship Cases

December 29, 2014

US and Canadian Immigration lawyer Andy Semotiuk: A couple from India have found out that if your immigration papers aren’t in perfect order before entering Canada, you can meet with hardship:

The immigration law that is preventing an Ottawa couple with permanent residency from sponsoring their three-year-old son to join them in Canada is in place to prevent fraud and child trafficking, a spokesman for Citizenship and Immigration Canada told CBC News.

Bhavna Bajaj and Aman Sood made a public plea to the ministry to allow their son Daksh, who is in India, to join them in Canada.

Bajaj told CBC News she was pregnant when she and her husband applied for permanent residency in 2011. By the time the Canadian government accepted their application last year, the couple had a son.

The couple said an immigration consultant advised them to sponsor their son after they arrived in Canada but once they landed they were told they had broken the law.

While I feel for the couple, I can also see the government’s side in wanting to be strict in cases that involve kids.

Really, it’s the harshness of this law that is causing the problem. The law is categorical – if you fail to declare a dependent on entering Canada, you are violating the law and can be deported.A more reasonable approach would be to provide financial penalties for such an omission and, if you fail to make that payment, then you would be forced to leave. Coupling that with a five year bar on sponsoring the pertinent relative would also be a fair deterrent.

That said, this couple can always plead for the Minister to intervene on humanitarian grounds if they wish. No guarantees there, but they might find a sympathetic ear.
Andy Semotiuk is a Canadian and US immigration lawyer with immigration law firm Pace Immigration. You can learn more about Andy at My Work Visa.

Share This Post

Tort claim? What it means and why it’s your gateway to personal injury justice

Missing the Mark – Why Are 70 Percent of Canadians Without an Estate Plan?

Estate planning, essential for ensuring posthumous wishes are met, remains an area 70% of Canadians neglect. This deficiency largely stems from misconceptions, such as believing estate planning is only for the wealthy or thinking they’re too young to start.

Criminal Defence Law

Pace Law

Navigating Criminal Motor Vehicle Offences: A Deep Dive into Ontario’s Criminal Law

In Ontario, adherence to driving regulations is critical for public safety, but violations occur, leading to criminal charges.

Immigration

Pace Law

Exploring The Requirements For Canadas Start-Up Visa Business Class

Wills And Estates

Angela Barrientos

Why You Need a Will, Even If You Don’t Own Real Estate

Have you ever thought about estate planning and concluded it’s unnecessary because you don’t own any real estate?

Corporate and Personal Law

Pace Law

Things to Watch Out for in a Share Purchase Agreement

A Share Purchase Agreement (SPA) is an integral document used when the shares of a corporation are being purchased. The document outlines the agreement between the buyer and seller and can be quite complex.

Wills And Estates

Angela Barrientos

When to Create a Will

A will is a legal document that clearly states how a person’s property and belongings will be divided after their passing.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Name

Phone Number

Service Area

Message

Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

675 Cochrane Drive, #623A
East Tower, 6th Floor
Markham
ON L3R 0B8, Canada
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

675 Cochrane Drive, #623A
East Tower, 6th Floor
Markham
ON L3R 0B8, Canada
Phone: 1-877-236-3060
Fax: 416-236-1809