Immigration Law Too Hard in Sponsorship Cases

By Al Pace | 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.