Family Law

When families are separated

Posted on by Behdad Hosseini

Family law issues separation

The indivisibility of the family unit is a value found in most cultures throughout history. Parents and children usually belong together regardless of circumstances.

However, there is what some consider to be a challenge in Canada’s current immigration policies, and the result is that, for some families, a choice has to be made between living in Canada, or living with one’s family.

Laws surrounding permanent residency

Recent cases have come to public light in which applicants for permanent residency status, or those who have already obtained permanent resident status, and who have had a baby outside the country, have had that baby denied entry in to the country.

The resulting choice is one most of us don’t want to be faced with: stay in Canada, or stay with one’s child. Yet it’s a choice that many are faced with in our current immigration system.

There are at least two issues at play here. First, there has to be an understanding of what the current immigration rules are. Specifically, permanent residents, or those applying to become permanent residents, must disclose the existence of a child outside of Canada. It’s this failure of disclosure that has led to many of the current difficulties for families.

Our immigration laws

Second, there is an ongoing debate regarding the justice of the current laws on the books. As alluded to earlier, families shouldn’t be broken up. As a result, some believe, the immigration laws we have on the books should reflect such fundamental values. At the same time, however, the rules should never be abused, which is why disclosure of births or out-of-country children should always be made.

Part of the problem has been the existence of so-called immigration advisers that tell permanent resident applicants to wait until they get to Canada until disclosing the existence of a child. However, Canadian Citizenship and Immigration (CIC) can and will deny entry of the child, regardless of advice or intentions. It’s why the services of a qualified immigration lawyer are far more desirable than the advice of obscure private consultants.

If you need a professional advice on family law, or if you’re thinking of divorce, please phone us here at Hosseini Law Firm (HLF) for a 15 minute free consultation: 416-628-4635, or please use the contact form provided on this page. Thank you.

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