Sonia Sidhu, Senior Immigration Lawyer at Green and Spiegel, a Canadian and U.S immigration law firm, has revealed exclusively to Business Day, that misrepresenting a spouse or partner to gain an advantage in the permanent residency system is a major pitfall for Canadian immigration.
Based on the extensive experience of the firm, which has served over 200,000 clients globally since 1962, Sidhu noted that this could lead to a client being inadmissible in Canada.
She noted that the firm deals with highly complex cases arising from poor initial advice wherein applicants are incorrectly advised to apply as unmarried individuals whilst married, and then to subsequently sponsor their partner later.
“Authorities consider this tactic a grave breach and a potential basis for declaring the applicant inadmissible to Canada”.
She also explained the consequences of this tactic, noting, ” Such findings can trigger an investigation aimed at revoking the applicant’s PR status”.
Applications are often summarily refused due to administrative errors, such as failing to include “key factors in a letter,” like the precise number of hours worked or a detailed breakdown of job duties.
In most cases, authorities do not allow applicants to correct these administrative faults once submitted.
“If those letters don’t have that information in it, you don’t get a chance. They don’t come back and ask you to fix your letter. They refuse your application,” Sidhu warned, underscoring the necessity of expert guidance that looks “beyond that checklist.”
The perils of patronising unauthorised representatives (‘Ghost Consultants’)
Sidhu also warned strongly against the growing risk of using unauthorised representatives, or ‘ghost consultants’.
She explained that this practice is now under severe scrutiny by Canadian immigration authorities and can result in a devastating five-year ban from reapplying.
Authorities are increasing efforts to identify these operatives, often flagging patterns like numerous applications paid for using the same payment card, which points to an undeclared third-party operative.
Sidhu also offered a definitive measure of professional integrity: “If you’re sitting in front of someone and they’re consulting you on something with immigration, they’re saying 100 per cent guarantee you’ll get to Canada… you really should get up and walk out of that office.” She stressed that no one can guarantee outcomes as immigration officers are the final decision-makers.
Sidhu clarified the responsibility and penalty, explaining that the person who would get penalized is the applicant. Failure to disclose the representative constitutes misrepresentation, leading to the five-year ban for the applicant.
“It always comes back full circle. Be careful who you’re going and choosing to help you with this”, she warned.
Read also: UK, Canada, Australia launch joint campaign to tackle rising visa fraud
The Nigerian migration boom: A strategic investment
The firm’s advisory comes amid an accelerating trend of Nigerian migration to Canada. Sidhu describes Nigerian clientele as astute and strategic in their long-term planning.
“The Nigerian clientele is very smart in knowing, they’re very loyal to their country… but they also know that the best investment is potentially get a second passport,” Sidhu observed.
This desire for an alternative passport marks a noted shift in global preference, with Canada increasingly favoured over the US and UK due to its favourable agreements and perceived respect for new immigrants.
Yearly Nigerian outbound immigration figures are rising, with migrants comprising both entrepreneurs and skilled professionals, including nurses and doctors drawn by dedicated Canadian healthcare immigration pathways.
The urgency of swift and ethical application
Given the volatility of immigration policy, laws can change with the ‘snap of a finger”, Sidhu stressing the need for immediacy.
“The biggest advice I give people is if you qualify, don’t sit on it. Because things are changing,” Sidhu warned. With Canada currently tightening immigration numbers, qualified applicants are urged to submit their files without delay.
Regarding the high refusal rate for Nigerian applicants, Sidhu suggested this is often a consequence of applications not being submitted in a “wholesome manner.” The onus is entirely on the applicant to provide a case that is complete and well-supported.
Sidhu advised applicants to ensure their submission is so robust that it is really hard for an immigration officer to refuse them.” She added, “If they do refuse you, do you have a case to fight it at the federal court for an appeal?”
