Q: In the late 1990’s I tried to enter Canada as a visitor and was refused three times at the Canadian Embassy in Manila. I was then introduced to an agency who managed to get me a new passport but with someone else’s name and with a Canadian visa already inside it. I used that passport to enter Canada in 2000. I have been in Canada eversince. I am now married to a wonderful Canadian woman and we want to start the sponsorship application. Can I file the application inside of Canada or do I have to leave? Do I use my real name or my “fake” name? I do not know what to do. If I use my real name then Canada Immigration has no record of me ever entering Canada. If I use my fake name then I assume my immigrant visa will be under that name, which I do not want. What do I do?

A: While your fact situation seems perplexing, it is actually (unfortunately) a common scenario which we have encountered quite often. Firstly, I would never advise you or anyone to continue using the “fake name.” To do that would just continue the sham and get you into more trouble. The fact that you entered Canada using a fake or someone else’s passport may or may not cause a problem when filing for a sponsorship. I require more details on what happened to the passport and what transpired after your entry. As well, you did not mention under what name you got married under. In brief, Canada passed a law years ago that applicants with “lack of status” have the right to be sponsored by Canadian spouse from inside of Canada. However, not everyone satisfies the criteria for the public policy guidelines. There are exceptions to the rule especially regarding those who used a fraudulent or improper passport to enter Canada.

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Atty. Henry Moyal is a certified and licensed immigration lawyer in Toronto. The article above is general advice only is not intended as legal document. Send your inquiries to his office phone 416-733-3193 or visit his website www.moyal.com