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By Attorney Henry Moyal |
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PERMANENT RESIDENCE CAN BE OBTAINED WITH $125,000 INVESTMENT |
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Q. I have read a few of your articles in the past and several times you
have indicated that education and work experience are keys to immigration to
Canada. What if a person is not highly educated?I am an undergraduate and have several businesses in the USA and in the
Philippines. I own a few franchises and my net worth is in the millions. I
am not highly skilled but I believe my business experience should count for
something. I am nearly 55 and even if I immigrate to Canada I do not think
anyone would hire me at my age.My intention is to open a business in Canada. Can I immigrate based on my
business portfolio?
A. Absolutely, in addition to the skilled worker category there is a
separate category for business people. The information provided leads me to
the opinion that you actually have a very strong case as a business applicant.
If you wish to immigrate to Canada as an investor you need to invest
$125,000 and demonstrate a high net worth. There are no conditions imposed
on investor immigrants and you do not need to open a business if you do not
want to.
Q. I am very concerned about my sister's case. My sister came to Canada
as a visitor over 4 years ago. After immigration refused to extend her
visitor status she applied for refugee status but she never appeared for the
hearing. That was 2 years ago and she was working in a bakery until last
week when she was caught by the immigration police. She is now in a downtown
jail. How can we get her out?
A. You have the right to be concerned about your sister. In fact, you should
be very very concerned. Your question raises many serious issues in the law
which can be very complex. I will certainly try to cover the main areas.
Firstly, if a person does not appear for their refugee hearing the case is
deemed abandoned. Once a case is abandoned the conditional departure order
against your sister automatically became a deportation order. That means if
she did not leave the country there would have been a warrant for her
arrest.
I personally have concerns as to who was providing her with such advice. Was
it a lawyer? or a consultant ? Philippines is not known as a refugee
producing country and making false refugee claims may only jeopardize one's
status in the long run.
Secondly, once the immigration department was aware of her whereabouts they
immediately noticed that there was a warrant for her arrest 2 years ago.
Accordingly, they put her in detention (not really a jail). If a person is
in detention they must be brought forward before an adjudicator to determine
if she should be released. These are called detention review hearings. You
should find out when the next detention review hearing is and be prepared to
offer a bond for her release.
Attorney Henry Moyal is a certified and licensed Immigration Lawyer in Toronto,
Ontario. The above article is general advice only and
not intended to act as a legal document. Send questions
in confidence to Balita or to Attorney Moyal by fax,
mail or email canada@moyal.com
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