Immigration matters

Sukhram Ramkissoon

Trinidadian woman allowed to remain in Canada after 26 years ‘out of status’

Canadian immigration laws stipulate that all persons wishing to live in Canada permanently must first submit an application for permanent residence outside of Canada. 

But the laws also provide an exemption from this requirement and persons can  make an application for humanitarian and compassionate (H&C) consideration from within Canada.

Such persons may  (1) have overstayed the time they were allowed to remain in  the country or (2) be facing removal from Canada or (3) have criminal convictions or other inadmissibilities.  In some cases, a person  may have a combination of issues.However, the laws prohibit persons who are inadmissible due to serious criminality from making an H&C application.

Let us look at the case of  Sita ( not her real name), a  woman  from South Trinidad who was facing removal from Canada.  Accompanying an aged relative, Sita came to Canada in 1994 when she was 34 years of age. She is a devout Hindu, hard working and of a pleasant disposistion.  She has lived in Canada for 26 years without  legal status.

Early last year, Sita’s brother-in-law who resided in British Colombia, contacted our office through a mutual friend, to assist Sita in obtaining permanent resident status. Sita  came to our office and I advised her about the process.  She was then   given a check list with instructions to obtain certain documents and to return with  them within a few weeks.

 Sita has never been married. Nor does she have any children. Her parents are deceased with no living relatives or friends in Trinidad.    After several interviews with her in mid-2019, my office filed a 26-page submission, including the relevant application forms, processing fees and supporting documents, to Immigration, Refugees and Citizenship Canada.

In  our subnission we noted that Sita was issued a departure order in September 1996.  but she failed to comply by returning to her home country, and has remained continuously in Canada. We also noted that there may be an outstanding warrant for her removal. However, taking into consideration her profile – single woman, with no home or family in Trinidad,  a country with high crime rate and lack of jobs where she would face a risk for her survival, we requested consideration for the hardships she would suffer if returned to her home country. All of Sita’s relatives reside in Canada and are Canadian citizens.

Sita has supported herself  by working in a variety of jobs over the years she has been in Canada and assisted a  relative with her child.  Sita provided a detailed personal statement setting out her life in Canada, family ties, and the tremendous hardship she would face,  if she were to return to Trinidad.

In mid-October 2020, our office was informed by Canada Border Services Agency (CBSA)  that Sita was required to attend an interview to deal with an outstanding warrant.  Upon hearing this, she became very emotional and began to cry.  I counselled her, letting her know this was a normal process for persons in her situation.  I accompanied  her to her interview and again she was very nervous and emotional.  We met with an officer who was very sympathetic, courteous, kind and professional. Sita’s warrant was executed and she was released on her own recognizance. 

This process was important in order  for her H&C application to move forward. A few weeks later, after IRCC was informed of the execution of the warrant, , we received  a letter stating that  her application was approved in principle and that she she could apply for a work permit and pay the necessary right of landing fees.

She was crying with joy  on hearing the news that she can now live in Canada without the threat of deportation.

Congratulations, Sita!

SUKHRAM RAMKISSOON is a member of ICCRC and specializes in Immigration Matters at No. 3089 Bathurst Street, Suite 219A, Toronto, Ontario. M6A 2A4.  Phone 416 789 5756.