,Advisor cites immigration cases among Nigerian immigrants and the dangers of avoiding them
Gilbert Totim, a Canada-based immigration law consultant at EGK Immigration Inc. and York University, shares tips and mistakes to avoid for Nigerian applicants for a successful Permanent Residency (PR) application in Canada.
He also indicated that his firm has processed over 60 successful Permanent Residence (PR) applications in Canada within seven years of operation.
Speaking exclusively to Business Day, Totime explained that these difficult to obtain PR cases were ultimately resolved through thorough analysis of the issue and professional consultation.
He cited a challenging case involving a Nigerian student who was initially refused a study permit because his family used the business bank statement of his Lagos-based IT company for sponsorship proof.
In Totime's analysis of the issue, “The problem with that application was that they were using their business bank statement. And normally when you're using a business bank statement, the chance of the application being rejected is much higher.”
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He explained that the difficulty arose because business owners do not actually pay themselves consistently. After detailed restructuring of the financial documentation to prove its payment structure, the second application was successful.
The client graduated from York University in a STEM (biochemistry) field, which aligned her with new labor priorities, and is now on her three-year PGWP.
Navigating Criminal Inadmissibility
The second high-stakes case involved a PR applicant who was on a PGWP (post-graduate work permit) when she was charged with DUI (driving under the influence), an offense considered a serious criminal charge in Canada that can lead to PR denial and citizenship disqualification.
The counselor and a criminal defense attorney worked together to address the allegation. “We had to do joint counseling to see if they could accept a lesser charge that doesn't constitute a DUI and a conviction, because if that happened, they would need to kiss their permanent residence application goodbye.”
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However, the immigration consulting firm successfully requested a reduced fee, allowing the PR application to proceed successfully.
According to him, it is important to note that there is increased scrutiny of applications from certain regions, particularly Africa, which have strict requirements for applicants to demonstrate strong ties to their home country.
He cited the high rejection rate of applicants from African countries like Ghana, Nigeria, Cote d'Ivoire, Kenya and said that there are several reasons for this.
For example, applications sponsored by non-immediate family members (such as uncles) receive greater scrutiny,
To determine the nature of the relationship and the likelihood of the money actually being non-repayable.
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He also said applicants will also have to provide four to six months' worth of bank statements and the source of large lump sum deposits.
Applicants must also demonstrate why they will be leaving Canada. Acceptable evidence includes family members, employment verification and ownership of property (land documents).
“They place less importance on vehicle ownership,” he explained.
Issuance of visas is now at the discretion of immigration authorities, who may issue single-entry visas or visas for short-term stays ranging from six months to one year.
Rising fiscal limits and Bill C-21
Totime also outlined new financial requirements for international students and a bill that is set to give more powers to immigration officials.
“Bill C-2/C-21 is expected to open up a lot more scope for immigration authorities to reject applications, conduct further investigations, pry more into people's personal lives, and increase border security,” he said.
“In addition, Canada has increased the proof of funds required for a single international student. The proof of funds for living expenses and accommodation has steadily increased and is now approximately $15,000, plus a year's tuition.”
Sponsorship Processing and Fraud
To combat marriage fraud, the processing time for family sponsorship applications has been strategically increased, particularly for applications filed from inside Canada.
The processing time for Canadian spousal sponsorship has been increased to 20 months (about two years). This is due to the need to “check the application” and prevent 'marriage of convenience', which is a non-true relation to PR status).
He stressed, “The implication for couples is that within the processing time period, if there is a breakdown in the relationship and the PR has not been finalized, they will not get it.”
On the other hand, applicants applying outside Canada for spousal sponsorship have a slightly faster processing time which is 14 months.
