Reward for persistence
Fleeing from the strife in Grenada in the 1980's, Elizabeth Ferguson settled in Canada. Mitchell Brownstein reports in the struggle to gain permanent residence status for Elizabeth and her family, which lasted until 1995
ELIZABETH Ferguson's husband Peter and their two sons arrived in Canada in 1988 from the Caribbean island of Grenada, claiming refugee status.
After the situation in Grenada stabilised and Elizabeth realized he refugee claim would not be granted, she sought help to determine what options were available.
During the time that Elizabeth had been in Canada as a refugee claimant, she had received, as did all refugee claimants at that time, a work permit and found a job as a kitchen maintenance manager with a Montreal-based company.
The Quebec immigration regulations are different: the Quebec/Canada Accord has given Quebec the right to select immigrants for Canada that will be settling in the province.
The regulations allowed refugee claimants the right to work while their applications for refugee status were being studied.
Elizabeth approached her employer to request his assistance as a sponsor. Her offer of employment was approved by the Quebec immigration authorities based on the regulations in force at that time.
Once her job offer was approved, her application for permanent residence was submitted to the Quebec Delegation in Boston.
The children were issued student visas subject to Elizabeth's refugee claim, and were attending French school, as was required under the laws of Quebec.
In 1992, Elizabeth attended her interview at the delegation and was told by the immigration officer that she could not be accepted at that time as she did not meet the Quebec points test for Independent applicants. But if she would improve her knowledge of French, she would clearly be able to reach the pass mark.
Quebec's selection criteria of the day allocated up to 15 points for knowledge of French.
Following her visit to the delegation in Boston, accompanied by her lawyer from Brownstein & Brownstein, Elizabeth returned to Canada by plane that day and was re-admitted to Canada on temporary status as a visitor.
Unfortunately for Elizabeth, the Quebec Delegation in Boston was closed down and her file, which was kept open, was transferred to the delegation in New York.
Owing to their reorganization, it took two years until she was called once again for interview, this time at the delegation in New York City.
During this second interview, it was pointed out that she had improved her French and that her children Randy and Curtis, who entered Canada originally a the ages of four and five, were now 10 and 11 years old and had integrated into Quebec society to the extent that all their education had been in the French language.
Elizabeth, her husband and their sons received their Certificates of Selection and were accepted as landed immigrants for Canada through the province of Quebec.
However, to make the situation more complicated, Elizabeth's husband Peter had been deported because he overstayed his visitor status and officially departed from Canada in September 1991.
And in July 1992 he returned to Canada without receiving the minister's consent, something which is needed when individuals are deported.
He then once again left Canada to attend his interview at the Quebec Delegation in New York.
Later that day, in his return from New York, the immigration authorities ordered him to depart Canada once again as his deportation order from 1991 was still valid.
Once an individual has received their certificate of selection from the province of Quebec, they must still undergo security and medical clearance at a Canadian Consulate abroad.
Therefore, Elizabeth and Peter were required to attend the Canadian Consulate in New York City for a third interview in 1995 to receive their landed immigrant status documents.
Peter was now in Grenada and Elizabeth in Montreal, Both had to obtain US visas to meet in New York City. However, Peter was not provided with a visa by the US Consulate in Grenada.
Brownstein requested the assistance of the Canadian Consulate in New York to ensure the issuance of Peter's visa and a request was made to the Canadian Consulate in New York City for a minister's permit for him, as is required by individuals who have deportation orders against them.
A deportation order means individuals can never again return to Canada without receiving prior ministerial consent.
Now that the family had their certificates of selection and were undergoing medical and security clearances, they would all receive landed immigrant status documents subject to Peter receiving his ministerial consent.
This was duly received.
Elizabeth, Peter and their sons live happily in Montreal as landed immigrants where they continue to be part of Quebec society, as they have been since 1988.
Their unstable situation has been resolved and they can now look to the future with enthusiasm and hope.
For information on this and other matters concerning immigration to Canada, contact Brownstein and Brownstein Attorneys, 1310 Greene Avenue, Suite 750, Montreal, Quebec H3Z 2B2, Canada: Tel: 514-939-9559; Fax: 514-939-2289.
Representatives of Brownstein and Brownstein visit London on a regular basis to meet with people interested in immigrating to Canada.
