Sudbury woman says her Jamaican husband may miss the birth of her child after his Canadian residency application was rejected

A woman from Sudbury, Ontario says her Jamaican husband has been denied residency in Canada and they are appealing the decision of immigration officials, but in the meantime he may miss the birth of their child in October.

Ariella Ladouceur said she and Cordell James got married in October 2020 and recent efforts to bring him to Canada have been unsuccessful. The couple met in 2018 while working for the same airline.

« There’s a visitor visa they can do, but once they’ve been turned down for a spousal application, there’s a good chance they’ll be turned down for the tourist visa because they don’t won’t believe he’s going to leave the country once the visa expires, » Ladouceur said.

In June, Ladouceur and her husband met with a Canadian immigration officer in Kingston, Jamaica, and it didn’t go well, she said.

She said the immigration officer told her that they often see cases where Jamaican men who already have children divorce their Canadian wives after emigrating and then bring their partners over from Jamaica.

Official cites ‘due diligence’ of immigration officers

Ladouceur said her husband had three children from a previous relationship, but he and the woman were never married.

« I know his relationship with his ex. There is no chance of reconciliation between them, » Ladouceur said. « I know why they broke up. »

Ladouceur said she felt like the immigration officer had made up his mind about her husband ⁠ – that he would divorce her and get back together with his ex-partner – before the start of the ‘maintenance.

« Every answer I gave, he tried to twist it to fit his story, » she said.

« I just knew it was probably just a formality to bring us in for the interview. But he had already made up his mind. »

In an email to CBC News, Isabelle Dubois, spokesperson for Immigration, Refugees and Citizenship Canada (IRCC), confirmed that an immigration officer had rejected James’ application for permanent residence in Canada.

« On June 16, 2022, Mr. James’ application for permanent residence was denied because the immigration officer was not satisfied that the relationship between Mr. James and Ms. Ladouceur is genuine, nor that it was not entered into primarily for the purpose of acquiring status or privilege under the Immigration and Refugee Protection Act,” the email states.

Dubois said a marriage for immigration purposes is one of the most common reasons that overseas spousal sponsorship applications are denied.

Other reasons include the applicant not having the required documents and not answering the immigration officer’s questions honestly.

It honestly took the joy out of my pregnancy.– Ariella Ladouceur

« The Government of Canada recognizes that the majority of relationships are genuine and that most requests are made in good faith, » Dubois said in the email. « However, to protect the integrity of our immigration system, officers must exercise due diligence in determining whether a marriage is genuine. »

In 2021, IRCC approved 67,496 applications for permanent residence under the “spouse and partner” category and refused 3,393 applications. The refusal rate was 4.7%.

Dubois added that Immigration Canada had no notes on file about Ladouceur’s pregnancy.

But Ladouceur told CBC News she showed the immigration officer letters from her family doctor and obstetrician, as well as ultrasound photos, proving her pregnancy.

“Honestly, it took the joy out of my pregnancy,” Ladouceur said.

« I can’t get excited about setting up the crib, or getting the crib or anything else because a person is missing. »

The appeal process takes time

Ladouceur said she and her husband have appealed the decision denying her husband permanent residency, but the process can take up to two years.

She said they were waiting for a dossier from the Jamaican government, but had a November 2 deadline to send it to Canadian officials.

« We won’t get a date for me to go talk to anyone until this file is received, » Ladouceur said.

For its part, IRCC said it is « committed to a fair and non-discriminatory immigration system » and has zero tolerance for racism or discrimination of any kind.

In the area of ​​immigrant and refugee selection, the IRCC said it has analyzed approval rates by country of origin and developed a data collection plan to identify « inequities and biases in our policies. and programs ».