Tuesday, February 19, 2019

THE GLEANER, TUESDAY, FEBRUARY 19, 2019 | www.jamaica-gleaner.com | FEATURE

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The Gleaner IMMIGRATION CORNER

'Many individuals from the Caribbean, Europe and Asia have been granted permanent residence of Canada. This is because Canada values newcomers’ contribution to the economy of Canada. Immigration, Refugees and Citizenship Canada (IRCC) even launched a campaign called ‘Why Immigration Matters’ to highlight the numbers – the statistics – to show immigrant contributions to Canada.'

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Can a green card holder file for a fiancé?

relationship. This use of the word‘spouse’ has caused many a Jamaican to be in a lot of trouble with US immigration because of its meaning. It is important to make the distinction as words matter, and misuse can have dire consequences. Persons have been known to check a box as married when, in fact, they are not because they refer to their partner as their spouse. An error such as that is often construed as fraud and is a permanent bar to travelling to United States, unless a person is granted a waiver. From your question, it is clear that there is not a legal marriage between the parties. They may be in a committed relationship, or may even have lived together before the boyfriend left for the United States. As a permanent resident/green card holder, a person cannot file for a fiancé visa, only an American citizen has that privilege.

to qualify for a fiancé visa, including that the parties have to declare their love for each other and their intention to marry. Additionally, showing that the parties have met is important, and their communica- tion during their courtship. As a green card holder, the boyfriend is allowed to marry his Jamaican fiancé and petition for her to migrate to the United States as a permanent resident. That pro- cess is currently taking approximately two years from filing to interview at the US Embassy in Jamaica. Dahlia A. Walker-Huntington, Esq, is a Jamaican-Americanattorneywhopractises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and special magistrate in Broward County, Florida. info@walkerhuntington.com

Dahlia Walker Huntington

Dear MrsWalker-Huntington, IF SOMEONE’S spouse is in the United States (US) and is a green card holder, can he put in a petition for a fiancé visa for his spouse, or does he have to wait until he applied for his US cit- izenship? Thank you. – YW Dear YW, A spouse is a married person. In Jamaica, we tend to use this word to mean a boy- friend/girlfriend, a person with whomwe are having a committed relationship or with whomwe are living in a common-law

A fiancé visa allows the recipient and their minor children to travel to the United

States and marry their American citizen fiancé within 90 days. There are parameters

Obtaining a Permitted Paid Engagement visa

Persons can apply three months prior to travelling and should get a decision on their application within three weeks. Persons should check the guide processing times online to see how long getting a visa might take in the country from which the application is being made. A Permitted Paid Engagement visa costs £93 and persons can stay in the United Kingdom for up to one month. A person can be invited by a UK-based organisation or client to: • Be a student examiner or assessor. • Take part in selection panels as a highly qualified academic if they are invited by an education, arts or research organisation. • Give lectures at a higher-ed- ucation institution, as long as it is not a part-time or full-time role. • Examine UK-based pilots so they meet the standards of the country they come from if they are invited by an approved UK training organisation regulated by the UK Civil Aviation Authority. • Provide advocacy in a par- ticular area of law. • Take part in arts, enter- tainment or sporting activities, including broadcasting. • Take part in fashion model- ling assignments. Persons can also do minor activities related to their work or business overseas, such as attend meetings. A person cannot: • Do specific paid work unre- lated to their main job or area of

Persons must prove that they are 18 years of age or over, visiting the United Kingdom for no more than one month, and will leave there at the end of the visit. Those persons should also have enough money without help from public funds to support, house themselves and pay for the return or onward journey. Those persons should not be in-transit to a country outside of the United Kingdom, Ireland, Isle of Man and the Channel Islands. DOCUMENTS TO PROVIDE When applying, persons must provide: • A current passport or other valid travel identification – the passport must have a blank page for a visa. • Proof that they can support themselves during the trip; for example, bank statements or pay slips for the last six months. • Details of where they intend to stay and their travel plans; they should not pay for accommoda- tion or travel until obtaining the visa. • A formal invitation from the UK-based organisation or author- ity who will be paying for their services. Persons will also need to show proof that the paid engagement relates to their expertise. Also, they will need to show proof of qualifi- cations andmain job in their home country; for example, a letter from the applicant’s current employer. Just to be safe, persons should check the guide online for a full list of documents that must be

provided. Persons will need to pro- vide a certified translation of any documents that are not in English or Welsh. Persons must provide extra doc- uments if they are established arts, entertainment or sporting profes- sionals. Persons can provide any of the following: • Publications. • Publicity material. • Proof of awards. • Media coverage and reviews. • Proof of recent performances. Please note that persons may need to provide additional documents, depending on their circumstances. When making an application from outside the United Kingdom, persons must apply online for a Permitted Paid Engagement visa. Those persons will need to have their fingerprints and photo- graphs, this is known as‘biometric information’, taken at a visa appli- cation centre as part of the appli- cation. It should be noted that visa processing times vary, depending on what country the application originates from. Good luck. law in Jamaica. He is a justice of the peace, a Supreme Court- appointedmediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com John S. Bassie is a barrister/ attorney-at-law who practises

John Bassie

Dear Mr Bassie, I AM an expert in my chosen field of study and I am being invited to the United Kingdom (UK) to carry out some special- ised work. I understand that I may be eligible for a particular type of visa for this project. Please advise if this is so. – CK Dear CK, Persons may be able to get a Permitted Paid Engagement visa if they have been invited to the United Kingdom as an expert in their profession. Persons can apply for a Permitted Paid Engagement visa if they: • Are invited by a UK-based organisation or client. • Wish to go to the UK to do specific paid work without having to be spon- sored under the points-based visa system. • Are from a country that is not in the European Economic Area (EEA) and Switzerland. • Meet the other eligibility requirements. They may not need to apply for a visa if they are from certain countries. They should check if they need a visa before applying.

– studying cannot be the main reason for the visit. • Marry or register a civil part- nership, or give notice of marriage or civil partnership. • Bring family members (‘dependents’) with him/her on their application – they must apply separately

expertise at home or sell merchan- dise, other than what is allowed by the visa • Extend this visa or switch to another visa. • Live over there for extended periods. • Get public funds. • Study for more than 30 days

Canada’s generous immigration systems

worldwide in recent years. Canada faces challenges such as an ageing population and declining birth rate. These factors have led to the government of Canada increasing the number of immigrants that it accepts. They now look to immigrants to bolster the Canadian labour force. Many individuals from the Caribbean, Europe and Asia have been granted permanent residence of Canada. This is because Canada values newcomers’ contribution to the economy of Canada. Immigration, Refugees and Citizenship Canada (IRCC) even launched a campaign called‘Why Immigration Matters’to high- light the numbers – the statistics – to show immigrant contributions to Canada. Immigration programmes Qualified professionals and skilled workers can become permanent resi- dence through the Federal SkilledWorkers Programme (FSWP), Federal SkilledTrades Programme, Canadian Experience Class, and Provincial Nominees Programme. Individuals who qualify under these pro- grammes may apply to the government of Canada to be granted permanent resi- dence through the Express Entry system.

If you qualify under one of the exist- ing programmes, your application will be accepted into the Express Entry pool, where you will be given a Comprehensive Ranking Score (CRS). Each potential candi- date is assessed and given a score based on their current and past professional work experience, education, language ability, age, adaptability and a number of other factors. To be eligible, you will need to have a minimum score of 67 in order to qualify. This score will determine whether or not you are selected to receive an invi- tation to apply for permanent residence of Canada. The NOC Individuals with a degree usually qualify to come to Canada under the FSWP. This programme is for individuals who have work experience in skilled and professional occupations. Under the Express Entry System, occu- pations in the Canadian labour market are classified under the Canadian National Occupation Codes (NOC). The NOC describes the duties, skills, educational requirements, talent and work setting for various jobs. Under the express entry

system, jobs are classified under skill level ‘O’, ‘A’ or ‘B’ and ‘C’. Individuals under O, A, B are usually selected. You indicated that you are a teacher with both a diploma and a degree, so your NOC code would be 4031. Each work expe- rience and job description has a different NOC code. Individuals who qualify can take their immediate family with them. So you can take your son with you. Although you do not need to have a family member in Canada in order to apply, you will need to be able to show that you have sufficient funds to resettle your family or proof of a valid job offer in Canada. In a previous article, I outlined the amount of money that you should be able to show. Also, you must have sufficient funds to resettle your family or proof of a valid job offer in Canada. An individual will need to show a minimum of approximately CDN$13,000 or in your case, since you have a child, you will need to show approximately CDN$16,000 in savings or investments. Since your diploma and degree are from a non-Canadian school, you will need to get your credentials assessed. You should apply for a Canadian Education

Credential Assessment Report (ECA) from an IRCC-authorised agent. You will need to provide the agent with a copy of your diploma, degree, along with a sealed copy of your transcript for them to provide you with a report which is needed for your application. You should also be able to pass the gov- ernment of Canada medical and security checks in order to be granted permanent residence. There may be other options available to you based on your particular situation. To find out if you qualify under any of these or other programme, I would suggest that you consult with an immi- gration lawyer. You may also find out if you qualify by completing the free online assessment at www.deidrepowell.com or sign up on my Facebook page. Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with office located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, commercial, personal injury, family and administration of estates. Email: info@deidrepowell.com, subjectline: immigration. Call 613.695.8777 Facebook: jamaicanlawyer. Twitter: deidrespowell.

Deidre Powell

Dear Miss Powell, I SAW where you posted on Facebook that any individual under 35 years with a degree can get to live permanently in Canada. Is Canada really immigrant-friendly? Here’s my situation. I am 28 years old and I have a diploma and a degree fromMico. I am a teacher at a high school. I don’t have any family in Canada. Does that mean I qualify to go to Canada? I also have a son and his father isn’t supporting him. Can I take him? Thanks for your time and keep up the good work. – RO Dear RO, Canada has a very generous immigration system, whereby individuals who have the education, skills, work experience and other factors may get permanent resi- dence in Canada in a matter of months. In fact, Canada is the country of choice for most professional and skilled workers