By Sukhram Ramkissoon  

This is the story of the struggles and triumph of Kenny Rooplal 41, from South Trinidad. Kenny has consented for his information and story to be published in this article.

Kenny last entered Canada from the USA, as a visitor on November 13, 2017 and has maintained his visitor’s status until the present date.

In 2000, Kenny entered the USA with his two sisters, Susan and Kim, to visit an Aunt who is a citizen of that country.  He remained in the USA for several years without status, assisting his ailing uncle while his Aunt maintained her full time employment.

At the time, his father Mike was in Canada, awaiting his permanent residence based on humanitarian and compassionate grounds.  Kenny’s father came to Canada in 1988 and was a refused refugee claimant.  His mother Jane was in Trinidad. 

After Mike obtained his permanent residence in 2002 he sponsored Jane and Susan, however Kenny was already over the age to be considered a dependent child.  Kim remained in the USA, as she was married to an American citizen. She is now an American citizen and continues to reside with her spouse and children.

In 2010, Kenny developed a close and loving relationship with an American citizen which resulted in their marriage in October 2011.  His spouse then submitted a sponsorship application from within the USA, which was approved.  He was given a conditional work permit from 2013 to 2015. The work permit was later renewed until December 2017.

Kenny stated that he had a healthy relationship with his spouse, but it later became strained and finally broke down in mid-2017. He asserted that the relationship was irreconcilable.  He became quite scared of remaining in the USA because of “Trump’s negative immigration policies”, which saw thousands of persons without status fleeing or attempting to flee the USA. His work permit would not get renewed due to his broken marriage.

In a 29-page submission to support a Humanitarian and Compassionate Application, which was prepared by my daughter Cindy Ramkissoon-Shears, she indicated the tremendous hardships Kenny will face if he is required to leave Canada. 

All of Kenny’s immediate family members residing in Canada – parents, sibling, grandmother, several aunts and uncles, and numerous cousins – submitted letters of support.  The family members provided evidence of their establishment, the close relationship they have with Kenny, photographs; all of them indicated their willingness to support his application to remain in Canada. Kenny no longer has relatives in his home country, Trinidad.

Susan also signed a sponsorship undertaking in support of the H&C application.  She provided proof of her financial support, income taxes, and a lengthy affidavit outlining the close family support and hardships Kenny will face if he is requested to leave Canada.  Susan also supported the numerous visitors’ extensions submitted by Kenny, all of which were granted. 

Kenny Rooplal has not lived in his home country since 2000 and has all of his immediate relatives living in Canada, except his sister, Kim. While residing in the USA, he maintained in continuous contact with his relatives in Canada. Once he was issued his work permit, it allowed him to travel to visit his relatives in Canada, which he did on more than one occasion.

It was also submitted that Kenny had become a reliable dependent household member, as he cares for his grandmother and mother, who suffer with several health conditions.  He was a trained and certified Personal Support Worker in the USA, where he gained years of experience in this field. 

In the beginning of August 2020, Kenny received a letter from Immigration, Refugees and Citizenship Canada, informing him that his application for permanent residence was approved on humanitarian and compassionate grounds; he can apply for an open work permit.  

His family screamed for joy upon hearing the good news, and were grateful that Kenny can remain in Canada permanently.

Good luck Kenny and all the best.

SUKHRAM   RAMKISSOON   is a member of ICCRC and specialises in Immigration Matters at No. 3089 Bathurst Street, Suite 219A, Toronto, Ontario. Phone 416 789 5756.