…Consultant cites immigration cases among Nigerian immigrants and pitfalls to avoid
Gilbert Totime, a Canada-based immigration law consultant at EGK Immigration Inc., and York University, has shared tips and errors to avoid for applicants from Nigeria to have a successful permanent residence (PR) application to Canada.
He also hinted that his firm has processed over 60 successful permanent residence (PR) applications to Canada within seven years in operation.
Speaking exclusively to Business day, Totime, explained that these difficult cases in obtaining PR were eventually resolved through a 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 their Lagos-based IT company’s business bank statements for sponsorship proof.
In Totime’s analysis of the issue, “The problem with that application was that they were using their business bank statements. And typically when you’re using business bank statements, the likelihood of the application being refused is very high.”
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He explained the difficulty arose because the business owners do not really pay themselves a consistent salary. Following a detailed restructure of the financial documentation to prove their payment structure, the second application was successful.
The client graduated from York University in a STEM (Biochemistry) field, aligning her with the new labour priorities, and is now on her three-year PGWP.
Navigating criminal inadmissibility
A second high-stakes case involved a PR applicant who was on a PGWP (post-graduate work permit), when charged with a DUI (Driving Under the Influence), an offence considered a serious criminal charge in Canada that could lead to PR refusal and citizenship ineligibility.
The consultant and a criminal defence lawyer worked in tandem to address the charge. “We had to do joint consultations to know if they could accept a lesser charge that doesn’t constitute to the DUI and a conviction, because if that happened, he needed to say good-bye to his permanent residence application.”
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However, the immigration consulting firm successfully pleaded for a reduced charge, allowing the PR application to move forward successfully.
According to him, it is important to noted that there is an increased scrutiny of applications from certain regions, particularly Africa, with stricter requirements for applicants to demonstrate strong ties to their home country.
He noted the high refusal rates to applicants from African countries such as Ghana, Nigeria, Côte d’Ivoire, Kenya, explainingt that there are many reasons for it.
For example, applications sponsored by non-immediate family members (like an uncle) are scrutinised much more,
to determine the nature of the relationship and the likelihood of the money being truly non-repayable.
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He also pointed out that applicants must also provide four to six months of bank statements and explain the source of large lump sum deposits.
Applicants also need to demonstrate why they will leave Canada. Acceptable evidence includes family members, employment verification, and property ownership (land documents).
“They put less weight to vehicle ownership”, he explained.
Visa issuance is now at the discretion of immigration officers, who may issue single-entry visas or shorter stays, such as six months to a year.
Rising financial thresholds and Bill C-21
Totime also outlined the new financial requirements for international students and a bill which is poised to grant greater authority to immigration officials.
“Bill C-2/C-21 is expected to open “a lot of room for immigration officials to cancel applications, to do furthermore investigation, to pry more into people’s personal lives, and enhance border security”, he explained.
“Also, Canada has increased its proof of funds required for a single international student. Proof of funds for living expenses and accommodation has steadily increased and is now around $15,000, plus one year of tuition”.
Sponsorship processing and fraud
Processing times for family sponsorship applications have been strategically increased, especially for applications filed from inside Canada, to combat marriage fraud.
The processing time for Canada’s Spousal Sponsorship has been increased to 20 months (nearly two years). This is due to a need to “scrutinise the application” and prevent ‘marriage of convenience’ , which is a non-bonafide relationship for PR status).
“The implication for couples, is that withing the processing time period, If there’s a breakdown in the relationship and the PR has not been finalised, they would not get it”, he emphasised.
On the other hand, applicants applying outside Canada for spousal sponsorship have a slightly faster processing time which is 14 months.
Ngozi Ekugo
Ngozi Ekugo is a Snr.Correspondent at Business day. She has an MSc in Management from the University of Hertfordshire, and is an associate member of CIPM. Her career spans multiple industries, including a brief stint at Goldman Sachs in London,
