An Okotoks resident is worried he and his family will be forced to move because of what he feels is a technicality in immigration laws. Guillermo Rojas Vertiz Cervantes, who has lived in Okotoks since 2015, said his family may have to leave. “Our work permit expires Dec. 1,” the 44-year-old Cervantes said. “[Canada] Immigration refused my application for permanent resident because they state I was self-employed.” Cervantes is concerned his family of himself, wife Irma Rojas Vertiz Canut, daughter Constanza Rojas Vertiz Canut, 15 and son Guillermo Jr. Rojas Vertiz Canut, 12, will be forced to go back to Mexico. Cervantes was a permanent resident in Canada in the early 2000s, but he said the family had to waive that status due to having to stay in Mexico because of family health issues. The family was unable to live in Canada at that time for the required three of five years needed to keep the permanent residency status. They then lived briefly in Germany, before moving back to Mexico. Due to concerns about rising crime in Mexico and other issues, they moved to Okotoks in 2015 when Guillermo received a investors permit. He received a closed working permit in 2016 as an employee of Café Cancun Co Incorporated. “We always wanted to come back to Canada,” he said. “We opened an incorporation in Canada and from there we opened a restaurant, Café Cancun [near Westmount School].” He is a general manager of the incorporation, Café Cancun Co Incorporated. The restaurant closed but the incorporation, of which Cervantes is a shareholder, is still operating. “In order to apply again for a permanent resident card you need to be employed by a corporation,” Cervantes said. “We had all the points for the permanent residency process, the problem was at the end of the process someone in Edmonton decided that I was self-employed. “I am not self-employed, There is a corporation over me that pays my salary. I pay taxes, that corporation pays taxes.” Although Immigration considers Cervantes self-employed, in a letter from Canada Revenue Agency dated Nov. 16, it stated, “We have ruled that for the period under review, Guillermo Rojas Vertiz Cervantes was an employee.” That time period was from Jan. 1 to Nov. 14, 2018. Cervantes said even though they come from Mexico, the family members see themselves as Canadians, and they have become entrenched in the Okotoks community. The family has reached out to MP Michelle Rempel (the Conservative Immigration shadow minister) and Foothills MP John Barlow. A report from Dawn Furlong, a psychologist with Inspired Psychological Services in the Foothills, was sent to Canada Immigration stating it would be detrimental to the family if it had to go back to Mexico. The report was also sent to Rempel. “It is my professional opinion that it is in the best interests of the entire Rojas Vertiz Canut family, but particularly the children, to remain in the life they have created here in Canada,” Furlong wrote. “They are both thriving in their learning and development, both academically and socially.” Guillermo’s and Irma’s children are attending Okotoks schools and are active in the community. The entire family now speaks fluent English. Peter Wong, an immigration lawyer, QC, said Guillermo may want to re-apply for permanent residency. “It is probably worth looking at for this person to make an application for permanent residency based on humanitarian and compassionate considerations,” Wong said. He said he does not believe the family is in danger of being sent to Mexico immediately. Wong added the family losing its permanent residency in the 2000s should not be a detriment. “It does show he has a long and abiding interest in becoming a permanent resident in Canada,” he said. Foothills MP John Barlow was not able to comment due to confidentiality issues. Guillermo said the immigration ordeal cost the family thousand of dollars, on top of expenses such as his mortgage. He is losing sleep with worry. “This is a nightmare,” he said, adding he is concerned he is also losing his Alberta Health coverage and he will be ineligible to renew his driver’s licence. A GoFundMe page has been started for Cervantes. The page is at https://www.gofundme.com/help-a-wonderful-mexican-family-in-okotoks.
