Mon | Jun 21, 2021

I just want my accreditation

Published:Tuesday | March 20, 2012 | 12:00 AM
Deidre S. Powell

Dear Miss Powell,

I'm a nurse by profession who is seeking Canadian accreditation to work in Canada and eventually seeking permanent residency as a skilled worker. For the past two years I have been doing Canadian exams to make the accreditation process possible. All my visits to Canada have been to do my exams.

I was recently accepted to a six-month bridging programme in Canada, focused towards successful completion of my final exam. On renewal of my visitor's visa, I was refused because of:

1. Family ties in Canada and country of residence

2. My purpose of visit

The family ties that I have in Canada are my siblings who are citizens and I'm currently in a relationship with a Canadian resident who is having my child.

I'm currently unable to do my exams, which are paid for, and also not able to visit the mother of my expected child. I would at least like to complete my accreditation which I have been preparing for the past two years. Currently, my life is at a standstill as my energy has been focused on this process of accreditation. Could you give me some advice? I would appreciate any help.

Thanks.

- A.D

Dear A.D.,

When a visitor's visa is issued, you are granted the temporary right to enter Canada and there is no guarantee that it will automatically be renewed upon expiry. Your renewal application is evaluated based on the information that you submit with your new application. The visa officer will assess how your situation has changed and see whether you are at risk of not returning to Jamaica at the end of the time that you are permitted.

Based on the information provided by you, the visa officer may be of the opinion that you are a flight risk. The officer pays specific attention to your intentions or reason for visiting Canada. It is up to you to convince the officer, in your application, that your intentions are genuine and that you will return to Jamaica at the end of the time granted for you to remain in Canada, usually six months at a time.

Reapply

There is no formal right of appeal on temporary-resident visa decisions. Your best recourse is to reapply, state your best case including new information to reassure the visa officer of your ties to Jamaica. Your new application should focus on information that was not previously submitted, especially if your circumstances have changed positively. The key thing to remember is that you were able to convince the visa officer before, therefore you need to see how the new information that you submitted in your last application impacted your application negatively. You need to strengthen or show unequivocal proof of your ties in Jamaica over and above your ties to Canada.

I must say, however, that based on the information that you provided, it would appear that you have greater ties with Canada than you do with Jamaica. If that is the case and you are in a genuine relationship, you should consider discussing this issue with your child's mother to see whether you qualify as a common law spouse and whether she would be in a position to sponsor you. You may have greater success with this application.

Regarding your examinations, discuss you case with them, as they may have suggestions of ways of facilitating your examinations remotely or online. If that is not possible, I would suggest that you request that your examinations be deferred, pending the resolution of this issue.

Please note that the answer above is based on the limited information I have. Therefore, I recommend that you consult with an immigration lawyer to discuss your case in detail.

Deidre S. Powell is a lawyer, mediator and Notary Public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, personal injury, family and administration of estates. She is on the roster of mediators for Ottawa, Toronto and the Dispute Resolution Foundation of Jamaica. Email: info@deidrepowell.com. Subject line: Immigration