Law on Permanent Residency

[angel666]

Hello, I am not so sure about this can anyone pls answer it. If a person is a refugee, impregnated a permanent resident, will this be a sure passes for the refugee to be qualified as a permanent resident? Even if he was denied and awaiting for an appeal to be approved of permanent residency? Is it apply here like in Peru?

 

[CharlieD10]

The presence of a child in a relation is SOME proof of the relationship being genuine, but it is NOT absolute proof, no. Just because one has a child with a citizen or PR of Canada does not guarantee they will be admitted to the country as a PR themselves. There are no "sure passes", the person must prove they are not otherwise inadmissible under the Act and Regulations.

 

[angel666]

The presence of a child in a relation is SOME proof of the relationship being genuine, but it is NOT absolute proof, no. Just because one has a child with a citizen or PR of Canada does not guarantee they will be admitted to the country as a PR themselves. There are no "sure passes", the person must prove they are not otherwise inadmissible under the Act and Regulations.

Thank you Charlie for the answer. Actually, this refugee is just using the PR girl she impregnated it was just a carelessness on his part, but, a favorable situation to the PR girl. This refugee was denied already and awaiting for his appeal. Was advice to divorce his legal wife in his country of origin and marry a PR girl. They though all will be ok if he is divorced and marry the PR girl. The refugee said it is not fraud anymore because he will be legally divorce and will be legally married to the PR girl who is currently pregnant by him. Is he still in for the PRAA if he made an appeal March 2012?

 

[amikety]

Hello, I am not so sure about this can anyone pls answer it. If a person is a refugee, impregnated a permanent resident, will this be a sure passes for the refugee to be qualified as a permanent resident? Even if he was denied and awaiting for an appeal to be approved of permanent residency? Is it apply here like in Peru?

Having a child in Canada does not guarantee someone status of any kind. There was a news story some months back about an American with Canadian children with a Canadian ex-husband. Despite living in Canada on Visitor Status for over a decade, being formerly married to a Canadian, and having five Canadian children, Immigration would not grant her status.

My husband tried to convince me to do the same thing (although I'm not a refugee). I researched it and found not only does it NOT grant me any status, but if I am removed from the country, the child will remain in Canada with the Canadian parent. The non-Canadian parent cannot leave Canada with any minor child without written consent from the other parent (or they must be traveling together).

Furthermore, you didn't mention why he was denied. If Immigration has determined he lied on his refugee application, he may be inadmissible.

People seem to get Canada's law confused with other countries (like the USA, which does grant SOME rights to illegals with citizen children including welfare and food stamps). The USA generally won't remove someone without status if they have minor children that are citizens unless you're also a criminal.

 

[amikety]

Thank you Charlie for the answer. Actually, this refugee is just using the PR girl she impregnated it was just a carelessness on his part, but, a favorable situation to the PR girl. This refugee was denied already and awaiting for his appeal. Was advice to divorce his legal wife in his country of origin and marry a PR girl. They though all will be ok if he is divorced and marry the PR girl. The refugee said it is not fraud anymore because he will be legally divorce and will be legally married to the PR girl who is currently pregnant by him. Is he still in for the PRAA if he made an appeal March 2012?

If he plans to divorce his wife in Canada, he must prove he has been separated from her for one year. After that, filing and waiting for a decree takes average 3-4 months here. Also, in Alberta, we weren't allowed to marry until at least 30 days past since the decree was issued (time for the goverment to make sure it was filed.)

If he committed fraud, he commited fraud. He cannot change that. He can try to fix it, but the offense has already occured.

If he is 'just using' the PR, you could report him. However, I am curious as to why this situation is favorable for the PR? .... if you don't mind me asking, that is.

 

[angel666]

Having a child in Canada does not guarantee someone status of any kind. There was a news story some months back about an American with Canadian children with a Canadian ex-husband. Despite living in Canada on Visitor Status for over a decade, being formerly married to a Canadian, and having five Canadian children, Immigration would not grant her status.

My husband tried to convince me to do the same thing (although I'm not a refugee). I researched it and found not only does it NOT grant me any status, but if I am removed from the country, the child will remain in Canada with the Canadian parent. The non-Canadian parent cannot leave Canada with any minor child without written consent from the other parent (or they must be traveling together).

Furthermore, you didn't mention why he was denied. If Immigration has determined he lied on his refugee application, he may be inadmissible.

People seem to get Canada's law confused with other countries (like the USA, which does grant SOME rights to illegals with citizen children including welfare and food stamps). The USA generally won't remove someone without status if they have minor children that are citizens unless you're also a criminal.

why am I being warn about my post? I read a red letter warning? I am asking question not to favor the acts of the refugee, but, to have a clear idea about the situation.

 

[angel666]

If he plans to divorce his wife in Canada, he must prove he has been separated from her for one year. After that, filing and waiting for a decree takes average 3-4 months here. Also, in Alberta, we weren't allowed to marry until at least 30 days past since the decree was issued (time for the goverment to make sure it was filed.)

If he committed fraud, he commited fraud. He cannot change that. He can try to fix it, but the offense has already occured.

If he is 'just using' the PR, you could report him. However, I am curious as to why this situation is favorable for the PR? .... if you don't mind me asking, that is.

Favorable to the PR bec she has no bf and she wants to have kids.

 

[Creampop]

Having a child in Canada does not guarantee someone status of any kind. There was a news story some months back about an American with Canadian children with a Canadian ex-husband. Despite living in Canada on Visitor Status for over a decade, being formerly married to a Canadian, and having five Canadian children, Immigration would not grant her status.

My husband tried to convince me to do the same thing (although I'm not a refugee). I researched it and found not only does it NOT grant me any status, but if I am removed from the country, the child will remain in Canada with the Canadian parent. The non-Canadian parent cannot leave Canada with any minor child without written consent from the other parent (or they must be traveling together).

There was alittle more to the story above, they were not married they were only common-law he refused on several occasions to sign papers for her PR (according to her). They went to court she was granted child support which he never paid and was given visitation rights and she was not allowed to leave with the child. The whole story link is post in the forum... somewhere... and as for leaving with the children, I traveled many many times with both of my children in and out of Canada and was never once asked to provide anything from their father, maybe this was because we had joint custody? tho they never really asked that but he did sign their birth certificates they were born in the states... I dunno Immigration is very unique....

 

[canadianwoman]

Hello, I am not so sure about this can anyone pls answer it. If a person is a refugee, impregnated a permanent resident, will this be a sure passes for the refugee to be qualified as a permanent resident? Even if he was denied and awaiting for an appeal to be approved of permanent residency? Is it apply here like in Peru?

Couples with children have been refused before. The visa officer or appeal judge can still find that the relationship is fake. Especially with a failed refugee claim, then getting someone pregnant, then divorcing and marrying this woman - it sounds suspicious, and may well be found to be a non-genuine relationship, even with a child.

 

[angel666]

Couples with children have been refused before. The visa officer or appeal judge can still find that the relationship is fake. Especially with a failed refugee claim, then getting someone pregnant, then divorcing and marrying this woman - it sounds suspicious, and may well be found to be a non-genuine relationship, even with a child.

Thanks, Canadianwoman...it is indeed not a genuine one, FAKE, BOGUS, SHAM, FRAUD and IRRESPONSIBLE acts. The truth will prevail...

 

[amikety]

Thanks, Canadianwoman...it is indeed not a genuine one, FAKE, BOGUS, SHAM, FRAUD and IRRESPONSIBLE acts. The truth will prevail...

If you would like to report him or just give Immigration a head's up, you can contact them directly. You don't have to give your name.

http://www.cic.gc.ca/english/information/protection/fraud/report.asp

1-888-502-9060

Don't count of the truth prevailing... con men are slippery and good at what they do. Help good citizens and immigrants who do things legally and truthfully and let Immigration know what this guy is up to.

 

[angel666]

If you would like to report him or just give Immigration a head's up, you can contact them directly. You don't have to give your name.

http://www.cic.gc.ca/english/information/protection/fraud/report.asp

1-888-502-9060

Don't count of the truth prevailing... con men are slippery and good at what they do. Help good citizens and immigrants who do things legally and truthfully and let Immigration know what this guy is up to.

DONE...