Published at 12:55 am. Updated at 05:00.
Note to temporary foreign workers: There isn't much room for maneuver if you don't follow the law, and it can be heartbreaking for your loved ones.
Karine Vendette, a day laborer at a screw company in Saint-Mathieu-de-Beloeil, can confirm this. The father of the baby she is about to give birth to is a Mexican temporary worker (TEF). He is also the father of her 2-year-old son. On November 27, 32-year-old Damian Ramirez was sent back to his country after seven years in Quebec.
The reason ? Impaired driving.
His arrest took place on September 19, 2020 at 1 a.m. in Saint-Hyacinthe. Mr. Ramirez had 120 mg of alcohol per 100 mL of blood, over the legal limit of 80 mg per 100 mL. This was a first offense.
Karine Vendette doesn’t want to downplay “her gesture.” What he did was “serious,” she admits. But the consequences for her life and that of her family are “disproportionate,” says the 39-year-old.
What is clear from this story is that a foreign national living in Canada with temporary status, such as an asylum seeker, a foreign worker or a student, is in the ejector seat, so to speak. The consequences of his omissions or errors are more serious than if he were a Canadian citizen.
“Anything but rosy”
“When I became pregnant, I didn't know that drinking and driving was a serious crime that resulted in a ban and five years of inadmissibility,” explains Karine Vendette in her home in Saint-Pierre. Hyacinthe, where we met her.
“I had no idea about that. If I had known what was going to happen, I wouldn't have had children. What I'm experiencing at the moment is anything but rosy, it's anything but fun. I'm in the final miles of my pregnancy and spend my days playing lawyer, filling out paperwork, and stressing out. »
Ms. Vendette met Damian Ramirez in 2018. Both worked for Les Viandes Lacroix, a poultry processing plant in Saint-Hyacinthe. Mr. Ramirez had been stationed there since November 3, 2017 on a closed work permit.
PHOTO PROVIDED BY KARINE VENDETTE
Karine Vendette, her husband Damian Ramirez and their son Roméo.
Five months into their relationship, in April 2020, he was arrested for drunk driving. Karine Vendette became pregnant with her first child the following January. At the time, she was convinced that her partner would not be sent back to his country. Things would get better, she told herself. We didn't want to separate a family. But she was wrong.
On April 16, 2021, Damian Ramirez received his punishment after pleading guilty: a $1,500 fine and a one-year driving ban. Six weeks later he was summoned by the Canada Border Services Agency (CBSA).
“There we are told that he is inadmissible because of his conviction,” says his partner.
The CBSA official also told them that they could apply for a pre-removal risk assessment (PRRA), a process that allows people subject to a deportation order to apply for protection by describing in writing the risks they face to their They believe they will be exposed when they return to their country.
Looking for a lawyer
The latest craze: Karine Vendette and Damian Ramirez went looking for an immigration lawyer. On Google, they typed “PRRA attorney” into the search bar. The first name is that of Robin Dejardin Law Firms Inc. They contacted him and decided to do business with him in the future.
Then, in July 2021, the couple married “out of love,” but also to make the immigration process easier. A month later he applied for sponsorship. On March 8, 2022, this was rejected. Mr. Ramirez is ineligible due to his impaired driving conviction.
Nothing is easy in this matter.
October 11, 2022, new citation to the CBSA. The couple learned that no PRRA application was being considered on their behalf. However, he assumed that his lawyer had made this request on June 14, 2021.
Ms. Vendette filed a complaint against Me Dejardin “for professional misconduct” with the Quebec Bar Association on Oct. 3. La Presse attempted unsuccessfully to contact Me Dejardin, who disputes the complainant's facts in this case.
On October 27, Mr. Ramirez was subpoenaed again by the CBSA. This time he was told he would have to leave the country on November 27 unless he received a reprieve.
On November 21, Karine Vendette submitted two applications on her behalf: an application for permanent residence for “humanitarian reasons” and an application for “administrative stay” for postponement. The processing time for permanent residence is 20 months. The postponement request was denied by the CBSA on November 23rd.
“discrimination”
On November 27, Mr. Ramirez had no choice. He had to fly to Mexico.
Since his departure, Ms. Vendette has moved heaven and earth to ensure he can return and is challenging a decision in federal court. She contacted representatives, senators and ministers.
His file, which lists all the events, runs to 140 pages. It is a testament to the energy and courage of this woman who embarked on a difficult battle for someone who initially did not have the knowledge necessary to navigate the administrative and legal labyrinth of immigration.
This also reminds us that without a lawyer or even financial means to access a lawyer, an ordinary citizen and even more so a foreigner faced with language and cultural barriers runs the risk of failure.
“It is certain that he will come back,” believes Karine Vendette. But how soon? I am scheduled to have a cesarean section in January. Who will look after my son while I am in the hospital for three days? I don't have a family I can count on. I am a child of the DPJ.
“What makes me angry is that my children would never have had to experience this if they had a father who was a permanent resident, a refugee or a Canadian. It's discrimination. »