Mr. Andrew Miller and JIM Please answer both
 

For all experts

I applied for my mother's sponsorship within Canada in January 2001 on
Humanitarian grounds while she was in Canada as a visitor visa. Application
forward to Local Immigration Centre and approved ON October 22, 2002 that
"A delegate of the minister of citizenship and immigration decided to exempt
you from the requirement of subsection 11(1) of the purpose of this
application. On the same letter the wrote "You had also claimed that you
were subject to spousal abuse. Can you advise this office whether you intend
to seek a divorce from your husband" (my mother).

My mother did not want to apply for divorce as in case the application ahs
refused and she has to go back to Vietnam and she has no place to live. I
phoned toe the Local Immigration Centre and talked to the Immigration
Officer who signed this approval. That time, he said as your father is
alive, you mother has to provided either divorce certificate or legal
separation agreement. We prepared the legal agreement from a local lawyer
and send father to sign which he did. Last wee, we submitted the separation
agreement to Immigration and received letter from them that this will
acknowledge the separating document for Le.... was received this office.
However this office still will require a divorce to occurs in order to
exclude his husband from the process. If it is not your international to
divorce your husband then it would put your case into a situation where the
decision have to be re-vocated and the application be refused.

My questions for experts like Mr. Miller and Jim is that separation
agreement is not enough. It has to be divorce. Divorce can many months even
years to finalize? Can you please let me know the what the law say about
this situation and quote me the subsection number.

Thank you for your help.

Re: Mr. Andrew Miller and JIM Please answer both
 

I suggest that you find a consultant (member of the Organization of
Prefessional Immigration Consultants) or lawyer (member of the Immigration
Bar in your province). Your situation is complicated and required much
further information.
--
Jim Humphries, former visa officer
"Lee" wrote in message
news:[email protected]...
    > For all experts
    > I applied for my mother's sponsorship within Canada in January 2001 on
    > Humanitarian grounds while she was in Canada as a visitor visa.
Application
    > forward to Local Immigration Centre and approved ON October 22, 2002 that
    > "A delegate of the minister of citizenship and immigration decided to
exempt
    > you from the requirement of subsection 11(1) of the purpose of this
    > application. On the same letter the wrote "You had also claimed that you
    > were subject to spousal abuse. Can you advise this office whether you
intend
    > to seek a divorce from your husband" (my mother).
    > My mother did not want to apply for divorce as in case the application ahs
    > refused and she has to go back to Vietnam and she has no place to live. I
    > phoned toe the Local Immigration Centre and talked to the Immigration
    > Officer who signed this approval. That time, he said as your father is
    > alive, you mother has to provided either divorce certificate or legal
    > separation agreement. We prepared the legal agreement from a local lawyer
    > and send father to sign which he did. Last wee, we submitted the
separation
    > agreement to Immigration and received letter from them that this will
    > acknowledge the separating document for Le.... was received this office.
    > However this office still will require a divorce to occurs in order to
    > exclude his husband from the process. If it is not your international to
    > divorce your husband then it would put your case into a situation where
the
    > decision have to be re-vocated and the application be refused.
    > My questions for experts like Mr. Miller and Jim is that separation
    > agreement is not enough. It has to be divorce. Divorce can many months
even
    > years to finalize? Can you please let me know the what the law say about
    > this situation and quote me the subsection number.
    > Thank you for your help.

Re: Mr. Andrew Miller and JIM Please answer both
 

"Jim Humphries" wrote in message news:...
    > I suggest that you find a consultant (member of the Organization of
    > Prefessional Immigration Consultants) or lawyer (member of the Immigration
    > Bar in your province). Your situation is complicated and required much
    > further information.
    > --
    > Jim Humphries, former visa officer
    > "Lee" wrote in message
    > news:[email protected]...
    > > For all experts
    > >
    > > I applied for my mother's sponsorship within Canada in January 2001 on
    > > Humanitarian grounds while she was in Canada as a visitor visa.
    > Application
    > > forward to Local Immigration Centre and approved ON October 22, 2002 that
    > > "A delegate of the minister of citizenship and immigration decided to
    > exempt
    > > you from the requirement of subsection 11(1) of the purpose of this
    > > application. On the same letter the wrote "You had also claimed that you
    > > were subject to spousal abuse. Can you advise this office whether you
    > intend
    > > to seek a divorce from your husband" (my mother).
    > >
    > > My mother did not want to apply for divorce as in case the application ahs
    > > refused and she has to go back to Vietnam and she has no place to live. I
    > > phoned toe the Local Immigration Centre and talked to the Immigration
    > > Officer who signed this approval. That time, he said as your father is
    > > alive, you mother has to provided either divorce certificate or legal
    > > separation agreement. We prepared the legal agreement from a local lawyer
    > > and send father to sign which he did. Last wee, we submitted the
    > separation
    > > agreement to Immigration and received letter from them that this will
    > > acknowledge the separating document for Le.... was received this office.
    > > However this office still will require a divorce to occurs in order to
    > > exclude his husband from the process. If it is not your international to
    > > divorce your husband then it would put your case into a situation where
    > the
    > > decision have to be re-vocated and the application be refused.
    > >
    > > My questions for experts like Mr. Miller and Jim is that separation
    > > agreement is not enough. It has to be divorce. Divorce can many months
    > even
    > > years to finalize? Can you please let me know the what the law say about
    > > this situation and quote me the subsection number.
    > >
    > > Thank you for your help.
    > >
    > >
    > >
    > >

CIC is concerned about the sincerity of your mother and her claim to
spousal abuse. There are many cases of persons being granted status on
these grounds who turn around and sponsor the abusers after landing.
If you are divorced the matter is ended and if you turn around and
subsequently re marry you are exposing your self to allegations of
misrepresentation. My advise is to dump the abuser once and for all.
The request is not unreasonable and you are risking all if you do not
comply. It sounds as if you are playing a dangerous game and want it
both ways. The mother and abuser both in Canada.

Jim Metcalfe