Application pending, but 1 spouse dies!

[LucidBoomer]

I'm an advocate for a lady who approached me this week while I was at my car mechanic's shop getting the car fixed. She is a client of the same mechanic. The mechanic referred me to her since he knows I am a social media guru and internet user. Before I start to go nuts on this case, I felt that I would test the general body of knowledge here. Better to NOT have to reinvent the wheel, I think.

Here's the situation. Woman is US Citizen living in British Columbia with her spouse for 20 years. They run an autobody shop. She put in her application for citizenship some months ago, but in the meantime, the husband dies of a heart attack. She says now that Canada wants to deport her. She has no family in the US and has not lived, worked or paid taxes there in over 20 years. It would be like moving to a new country. She owns the body shop here in BC. The CIC agent told here that if she was "east Indian" they wouldn't even be having the conversation! I find that alarming. What can she do? She has a thriving business, along with debts, assets and payroll here in BC!

I would rather NOT have to take this story viral, so I thought I'd ask for your advice.

8)

 

[ZingyDNA]

If this woman has been living in Canada for over 20 years as a PR, she should be able to get her citizenship, regardless of whether her husband passed away or not.

 

[taffy7]

If this women is a Pr it doesn't matter if she don't have citizenship she still can't be deported. I would be making a visit to her local MP. I know people who have lived her for 20 years and don't have citizenship and her husband died and she's still her and no she not East Indian.

 

[canuck_in_uk]

Here's the situation. Woman is US Citizen living in British Columbia with her spouse for 20 years. They run an autobody shop. She put in her application for citizenship some months ago, but in the meantime, the husband dies of a heart attack. She says now that Canada wants to deport her.

Quite easy: she's lying about something. I'm guessing that she is not a PR (and therefore no citizenship application pending), as Canada would not simply deport a PR whose spouse died. However, a person WOULD face deportation if it was discovered upon their spouse's death that they had been in Canada illegally, even if they had a pending spousal sponsorship app.

I suggest you ask her for proof of her current status, proof of this pending app (whatever it may be) and this "deportation" notice she has received.

 

[zardoz]

She should also be concerned that if she hasn't filed US taxes for 20+ years, the IRS is likely to be interested in her reasons...

 

[scylla]

Agreed with what everyone else has said - we don't have the full / right story. There are important details that she has left out.

If she was able to apply for citizenship her spouse's death would have no impact and she would be able to continue applying for citizenship and remain in Canada with absolutely no issues.

I agree it's likely she doesn't have PR status, has been living and working in Canada illegally for 20 years and was getting ready to apply for PR (not citizenship). Without her husband to sponsor her, it's extremely unlikely she has any means of applying for PR (especially given all of her work experience over the last two decades has been illegal). It's a shame she waited so long to apply - this was a very very big mistake on her part and she has no one to blame but herself for the situation she finds herself in now (she had numerous opportunities to fix this situation over the 20 year illegal stay). I suppose she can try submitting an H&C application - although I wouldn't try this without the assistance of a good lawyer.

The situation would be no different if she was East Indian. This post is a good lesson in poor life decisions and the dangers of living in any country illegally. Also agreed that living in Canada doesn't stop her from being obligated to file US taxes. So that's another problem to add to the pile...

 

[Leon]

I have to second what others have already said. If she were a PR, she would not get deported regardless of her husbands death. If she had applied for citizenship, his death would not affect her application either.

However, it does sound like she has been living in Canada illegally for 20 years and was finally applying for PR. There are limited ways of applying for PR. Most of them are geared towards skilled employees. There is of course a way for a partner to sponsor his spouse. If that is what they were doing, the application is lost when the sponsor dies.

With a history of staying in Canada illegally for 20 years, there aren't many options for her in the situation. She can see a lawyer or an immigration consultant or she can go to the media but most people would probably ask why she should be rewarded for managing to stay in Canada illegally that long?

 

[kriv]

few months back i read a similar story while going through a routine internet news reading. its was about an American woman threatened with deportation following her husband's death. After a month or so i was happy to read about the same women as she won the right to remain in Canada.

The 1st news story: http://www.torontosun.com/2014/09/27/widow-not-allowed-to-stay-in-canada-after-husband-dies
Later her MP helped her and she was allowed to stay in canada: http://www.thesudburystar.com/2014/10/09/sudbury-widow-wins-fight-to-stay-in-canada

i hope this reference might help her.

 

[zardoz]

few months back i read a similar story while going through a routine internet news reading. its was about an American woman threatened with deportation following her husband's death. After a month or so i was happy to read about the same women as she won the right to remain in Canada.

The 1st news story: http://www.torontosun.com/2014/09/27/widow-not-allowed-to-stay-in-canada-after-husband-dies
Later her MP helped her and she was allowed to stay in canada: http://www.thesudburystar.com/2014/10/09/sudbury-widow-wins-fight-to-stay-in-canada

i hope this reference might help her.

There may be a huge difference in the two cases. The one you quote had the widow legally in Canada under a work permit during the lead up to PR application. You can't get a work permit for 20 years.... I suspect that your quoted case will be of no comfort.

 

[BChome]

I'd just like to point out that a PR CAN be deported.
If she is deemed inadmissible for some other reason then a deportation notice can be issued to a PR.
It is very difficult to comment without knowing the full story really, but I bet she's having a pretty sh*tty time having just lost her husband and now facing this.
Good luck, it will be a difficult battle.
Get a GOOD lawyer, experienced in this particular area, not just a glorified form filler wanting to take you $$$ as so many immigration lawyers are.

 

[scylla]

I'd just like to point out that a PR CAN be deported.
If she is deemed inadmissible for some other reason then a deportation notice can be issued to a PR.
It is very difficult to comment without knowing the full story really, but I bet she's having a pretty sh*tty time having just lost her husband and now facing this.
Good luck, it will be a difficult battle.
Get a GOOD lawyer, experienced in this particular area, not just a glorified form filler wanting to take you $$$ as so many immigration lawyers are.

No one said a PR couldn't be deported. What we said was that a citizenship application isn't dependent on a spouse and the death of a spouse doesn't cancel a citizenship application. The death of a spouse does however cancel a PR application. So it seems quite obvious that what this person applied for is PR rather than citizenship.

 

[PaulLostAndConfused]

.. .

 

[PaulLostAndConfused]

I guess I have the update for you all , my wife passed away in July 22 , the immigration asked me to leave , I am a Fully Licensed University Trained specialist in Pest Control , I use pesticides none licensed can't use . I adored my wife and lost my job ( not my exterminator license ) my apartment with the wife and just been evicted from my home as I can't afford the rent .
All I need is a work permit or citizenship of some form to be earning $60K plus again , I am 61 in June and I'm homeless. I won't go back to the UK as I know Noone and nowhere to live or work a life of poverty and homelessness my wife was my everything also my sponsor .. All gone now along with my dignity

 

[PaulLostAndConfused]

I guess I have the update for you all , my wife passed away in July 22 , the immigration asked me to leave , I am a Fully Licensed University Trained specialist in Pest Control , I use pesticides none licensed can't use . I adored my wife and lost my job ( not my exterminator license ) my apartment with the wife and just been evicted from my home as I can't afford the rent .
All I need is a work permit or citizenship of some form to be earning $60K plus again , I am 61 in June and I'm homeless. I won't go back to the UK as I know Noone and nowhere to live or work a life of poverty and homelessness my wife was my everything also my sponsor .. All gone now along with my dignity I live in my car ...

 

[scylla]

I'm sorry for your situation.

You do not qualify for citizenship.

To qualify for a work permit, your employer needs to obtain an approved LMIA so that you can apply for a work permit. Is your employer willing to go through this process?

Another option is to apply for PR under H&C. The downside of this option is that processing times are long and most likely the earliest you will qualify for a work permit is 1+ years from now. So this path will not fix your work permit / financial situation.