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canadian permanent residency in Ireland

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Family Class Sponsorship
Forum Description: A review of current sponsorship programs (permanent residence) promoting the reunion in Canada of close relatives from abroad.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=8021
Printed Date: 28 Mar 2024 at 5:42pm


Topic: canadian permanent residency in Ireland
Posted By: abel1
Subject: canadian permanent residency in Ireland
Date Posted: 04 Oct 2011 at 2:09pm
Hi everyone,
I lived in Ireland for 3 years as a student. Recently, I was granted the status of Canadian Permanent residence under the skills workers process. I have a girlfriend living in Ireland and she is an Asylum seeker. She is pregnant of my child and we are planing to have a family together. I am writing because I will like to come back to Ireland and get married to her so that she can join me in Canada under the family reunification process. the problem is that she has no passport and cannot leave the country. How can my new status of Canadian permanent resident affect her here in Ireland if we get married? Will she be given any document that could possibly help her travel or proceed her travel document?What will happen if the child is born here in Ireland and not in Canada?
 
Hope to hear from you soon,
Thank you so much for your help and Advice,
Best regards,



Replies:
Posted By: Harmonia
Date Posted: 04 Oct 2011 at 2:53pm
Is she unable to go to her home country's embassy in Ireland and obtain a passport?  That is the easiest solution, but it's not always possible. 


Posted By: dpenabill
Date Posted: 04 Oct 2011 at 3:11pm
abel1:

If you have already landed as a PR I suggest you contact a reputable Canadian immigration lawyer (a lawyer, not a consultant) very soon, and definitely prior to taking any further action relative to your own residency or sponsoring your partner, and generally the sooner the better.

It is impossible to discern to what extent CIC may infer there has been a common-law relationship in existence, or what is the effective date of such a relationship, but your circumstances evoke the need to proceed cautiously, very cautiously. If CIC infers you were in a common-law relationship prior to the date you landed, and you did not disclose the existence of that relationship prior to landing, the consequences can be severe: (1) you would be barred from ever sponsoring your partner, and (2) your own PR status could be in jeopardy for misrepresentation (by omission).

This is about appearances and inferences as much, if not more, than how the two of you viewed your relationship. If it is very clear that you did NOT share the same household, there is little likelihood of this becoming a problem. However, if you shared the same household prior to your landing in Canada, or if it appears you shared the same household, there is indeed a very significant risk of inferences being made over and above your representations or assertions to the contrary . . . of course what may be inferred depends on the totality of all the circumstances but the nature and severity of the potential consequences warrant paying close attention to this in your situation.   

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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration


Posted By: abel1
Date Posted: 05 Oct 2011 at 8:56am
thank you so much for the reply.
So, if I understand very well, it is not on my interest of making any declaration concerning her or the unborn baby.what will happen if she decide to go back to her home country so that we can do everything from there? I was also thinking of looking for an irish passport holder to reconize the child,in that case,she will become legal in the country and can therefore have travel document. After sometime, we can get maried and I recognise the baby at that moment.it that a good idea? if not could you please give me your point of views on this option...
thank you


Posted By: dpenabill
Date Posted: 05 Oct 2011 at 12:13pm
I am not sure what you are getting at in your references to recognizing the baby. But, whatever the facts are, those are the facts. While the facts can be massaged to some extent, to do so is risky. The facts are not something to play games with.

I do not know your facts. From what I have seen, before any of the other procedural (how-to) questions can be addressed, you need to be sure about a key question, a key fact: the nature of your relationship to your GF prior to and right up to the date you landed in Canada (assuming you are now a landed immigrant, now a PR).

If you are the father of the child, there is no playing games with that: you will have to disclose this. If you are not the father of the child there is no playing games with that either: you cannot claim to be the father if you are not.

There are nuances. Sure, you can delay making a declaration of paternity, but that will not change any of the underlying facts and could, actually, raise questions later if later you do claim to be the father. Conversely, if it is claimed that the father is someone else, that is going to raise a range of other questions about the relationship.

Bottom-line regarding paternity and prior living arrangements: you have to be honest and forthcoming. There really is no way around that, no way that is likely to work for you anyway. You are stuck with the facts that exist.

Regarding your relationship; to be clear: if you did NOT live together with your girlfriend, there is NOT much to worry about. Of course all the other facts in your PR application process and all the facts in the sponsored partner application for her (you must be married or qualify for common-law in order to sponsor her) must be consistent with this: so, for example, if there is some overlap in the respective address history for each of you respectively indicating you both lived at the same address for some period of time, well, that is not consistent with claiming to never have lived together prior to your coming to Canada to land.

But, again, if you did NOT live together before you landed in Canada, NO problem.

If you did live together, though, that's a potential problem on a large scale.

You cannot massage the facts to avoid this problem. You need to see a lawyer about this. No one here can advise you through this if this problem exists for you. A lot is at stake, again, including not only the potential for a lifetime ban on ever sponsoring her as well as, possibly, but the prospect of your own PR being revoked for failing to disclose the relationship.

This is a common problem. Many make mistakes in this regard, especially given how long it takes to obtain the PR visa and the fact that life changes during the processing time, especially for younger people.

In any event, how to go about things generally if there is no problem regarding cohabitation and inferences of a common-law relationship, is actually fairly straight-forward (though the need for a qualified travel document can be a complicating factor, that is something that can usually be resolved). You go to Ireland and get married and sponsor her, timing the actual submission of application depending on when the child is due, if soon wait until the birth and then submit the application sponsoring both. But you really need to answer the key question first: did you live together, and if so, SEE A LAWYER. It is that simple. You need to see a lawyer if you lived together before you came to Canada.       

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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration


Posted By: cor-32
Date Posted: 05 Oct 2011 at 1:29pm
I am Irish and i can tell you that unless the mother of the child has alot of money to invest in Ireland, with alot of jobs attached, or that the childs GRANDPARENTS, as well as PARENTS are Irish citizens, she won't be getting an Irish passport.

That door was closed a few years back because of the amount of people arriving in from UK through NI (same country, the border to the Republic is well inland from the ferry).

Good luck on your hunt for an Iris passport holder.

Just because the baby is born in the Republic, does not mean it is Irish


Posted By: cor-32
Date Posted: 05 Oct 2011 at 1:29pm
BTW - thanks to both of ye for using the HSE without paying anything to Ireland


Posted By: abel1
Date Posted: 06 Oct 2011 at 10:43am
Thank you so much for the advice.
I can assure you that we did not live together or share the same address in the pass. she live in the hostelle provided by the government and I live in the rented house as a student. the baby also was unexpected and now I really need that baby to be born and I am just trying to find the right thing to do without too much mistake. In the situation that I am into now,should I contact an immigration office here in canada and let them know that I was just informed by my GF of the case of pregnancy or should I wait till the baby is born?(she is just 7 weeks pregnant)?
thank you


Posted By: abel1
Date Posted: 06 Oct 2011 at 10:45am
How do you know we where using HSE without paying? Did HSE provide any services for international student FREE of Charge? if yes what are they? When you are not inform about any topic just stay out of it


Posted By: abel1
Date Posted: 06 Oct 2011 at 10:47am
read very well before you make any comment....I am not hunting for an Irish passport,I do not need an irish passport,ok?


Posted By: cor-32
Date Posted: 06 Oct 2011 at 10:56am
Did you work in Ireland as a student? -  so how did ye pay the HSE?  If you are so concerned, why not go take out VHI/Aviva to pay the medical bills?

the child will not be Irish - unless she is adopted by irish


Posted By: abel1
Date Posted: 06 Oct 2011 at 10:59am
are we talking of the same topic?did I tell you I want my child to be Irish?That is exactly the problem I am having....I am concern my child could have anyrhing to do with place called Ireland or whatever...so Relax, ok?


Posted By: abel1
Date Posted: 06 Oct 2011 at 11:23am
for your information,this is the health insurance number I was using:1454775
you can call the insurance AVIVA to confirm if you are sure (they still own me some money)...to let you know that not everyone live on social


Posted By: cor-32
Date Posted: 06 Oct 2011 at 11:37am
You might want to take down the number......

You want a passport for the child dont you? 
If she can go back to her own country for a passport, why does she need to be seeking assylum in Ireland?



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