A CBSA officer had falsely accused my wife without proof of working in Canada without a visa two years ago The first judge dismissed the CBSA accusation due to the Minister's counsel's refusal to present him with all of the available pertinent proof in its possession.
The CBSA appealed and the appeal judge ruled that the anonymous police report counted as proof enough and that the first judge was wrong to expect more proof and sided with the CBSA.
We appealed to Federal court and the Federal court judge ruled again that the first judge was wrong in not accepting an anonymous police report as is.
Now my wife will be removed from Canada for a year and I will join her in China a few months later once I liquidate my assets, get a job offer in China, hand in my resignation to my present employer, and then expatriate for a year. My wife refuses that we remain separated for that long and after her experience with the Canadian legal system, she doesn't care much for Canada anymore. Even before this, her agreement to move to Canada was only for my parents. This means that she probably won't tolerate another long drawn out bureaucratic battle with Canadian immigration to come to Canada. In fact, she's already proposed that we invite my parents to China.
If it weren't for my parents, I'd happily leave this country for good; but since they're retired and elderly and have never lived abroad in their lives except for my dad as a child in the UK , I will need to return to Canada to care for them sooner or later.
Furthermore, though my wife is trilingual, well educated, and entrepreneurial, she speaks no official language of Canada. I'm a quadrilingual French Canadian but we share only one common language: Chinese.
As for her ability to work in Canada, she has already explored a few import markets focussed on catering to the local Chinese community so that would not be a problem in practical terms especially given the size of the Canadian Chinese market.
In legal terms though, I'm not sure what my next step would be. I presume that I cannot sponsor my wife from abroad and so would need to repatriate myself first. Since my wife is not interested in a long separation and drawn-out battle, I'm wondering if I could at least start to sponsor her while I'm in China before I repatriate so that she can follow soon afterwards. Again, because her patience with Canada is already wearing thin and she's already proposed to invite my parents to China, I'd need to make the sponsorship as painless as possible and needing as little separation as possible.
What should I expect and what should be my next step after expatriation?
The CBSA appealed and the appeal judge ruled that the anonymous police report counted as proof enough and that the first judge was wrong to expect more proof and sided with the CBSA.
We appealed to Federal court and the Federal court judge ruled again that the first judge was wrong in not accepting an anonymous police report as is.
Now my wife will be removed from Canada for a year and I will join her in China a few months later once I liquidate my assets, get a job offer in China, hand in my resignation to my present employer, and then expatriate for a year. My wife refuses that we remain separated for that long and after her experience with the Canadian legal system, she doesn't care much for Canada anymore. Even before this, her agreement to move to Canada was only for my parents. This means that she probably won't tolerate another long drawn out bureaucratic battle with Canadian immigration to come to Canada. In fact, she's already proposed that we invite my parents to China.
If it weren't for my parents, I'd happily leave this country for good; but since they're retired and elderly and have never lived abroad in their lives except for my dad as a child in the UK , I will need to return to Canada to care for them sooner or later.
Furthermore, though my wife is trilingual, well educated, and entrepreneurial, she speaks no official language of Canada. I'm a quadrilingual French Canadian but we share only one common language: Chinese.
As for her ability to work in Canada, she has already explored a few import markets focussed on catering to the local Chinese community so that would not be a problem in practical terms especially given the size of the Canadian Chinese market.
In legal terms though, I'm not sure what my next step would be. I presume that I cannot sponsor my wife from abroad and so would need to repatriate myself first. Since my wife is not interested in a long separation and drawn-out battle, I'm wondering if I could at least start to sponsor her while I'm in China before I repatriate so that she can follow soon afterwards. Again, because her patience with Canada is already wearing thin and she's already proposed to invite my parents to China, I'd need to make the sponsorship as painless as possible and needing as little separation as possible.
What should I expect and what should be my next step after expatriation?