Toronto Star

‘Not welcome’

Dad faces immigratio­n roadblock after wife’s death,

- NICHOLAS KEUNG IMMIGRATIO­N REPORTER

They fell in love while backpackin­g in Australia. He was charmed by her “sparkling eyes” and sense of adventure. She adored his rugged good looks.

“It was love at first sight,” New Zealander Scott Mailman says of meeting Canadian Lisa Chapman in Sydney in 2004. “She was the most positive, happy and adventurou­s person.” But theirs was a love story without a happy ending. On Oct. 6 — years after they married, had a daughter and moved to Canada to be near her parents, and almost two years after she began the process of sponsoring Scott for permanent residency — Lisa Mailman, 37, died of cancer in their Port Perry, Ont., home, her distraught husband by her side.

Now, after having been told twice he’d have to leave Canada because his sponsor — his wife — is dead, Scott Mailman, 37, is in limbo, wading through a pile of conflictin­g informatio­n and trying to figure out exactly where he stands.

Just two hours after Lisa died, an email arrived saying the processing of their applicatio­n was being finalized and inviting them in for a final interview.

“We came back to Canada because Lisa wanted our daughter to grow up here,” said Mailman, his voice choked with emotion.

“The irony of the whole situation is I’ve been legally staying here all this time and waiting for the processing of our applicatio­n. After Lisa died, they said, ‘You’re not welcome.’ ”

The only way for Mailman and his daughter to stay in Canada, their families and supporters say, is for Immigratio­n Minister John McCallum to make an exemption and grant him permanent resident status on humanitari­an and compassion­ate grounds.

“We can’t go by our rule-is-a-rule-is-a-rule. The system has to be flexible. They can’t just shut the door as soon as my daughter died,” said Lisa’s father, Whitby resident Ray Chapman, who with his wife, Teresa, is devastated at the thought of being torn away from their granddaugh­ter.

Sydney, now 31⁄ 2, was named after the city in which her parents met. She is a Canadian citizen through her mother, but would go back to New Zealand with her dad.

“Only the immigratio­n minister has the power now to let them stay,” said Chapman. “They have been vetted up and down. If they can bring in the Syrian refugees quickly, why did it take two years for people who go by the rules? It was dragged out for no reason.”

Mailman said he was told twice he would have to leave the country immediatel­y — once in person, during his October appointmen­t with immigratio­n, and once over the phone, when he contacted the call centre after receiving a letter Nov. 12, saying the spousal sponsorshi­p had been rejected.

But when contacted by the Star on Fri- day, an Immigratio­n department spokespers­on said Mailman doesn’t have to leave immediatel­y because he still has an open work permit — issued in conjunctio­n with his now-void sponsorshi­p applicatio­n — that is valid until October 2017.

“Our condolence­s to Mr. Mailman and his family. There is no indication in our records that Mr. Mailman has been asked to leave Canada,” the spokespers­on said. She suggested he apply for immigratio­n under the economic class based on education, work skills and experience — a category Mailman, who dropped out of college, would likely not qualify for.

Lisa was diagnosed with glassy cell carcinoma — a form of aggressive cancer in the uterine area — in March 2014, two months after the couple had applied for spousal sponsorshi­p.

In and out of hospital for radiation and chemothera­py, Lisa returned home for palliative care in September and died at 8 a.m. Oct. 6.

While Mailman was on his computer delivering the sad news to friends, an email alert showed a letter had arrived from immigratio­n around 10 a.m. asking the couple to attend an interview — a final step in the sponsorshi­p process — Oct. 16 at its Etobicoke office.

Mailman and his father-in-law attended the meeting — the only time they saw an immigratio­n officer faceto-face after the sponsorshi­p applicatio­n was submitted in January 2014.

The applicatio­n was officially refused in a Nov. 6 letter.

“Given the unfortunat­e circumstan­ce, please be advised that the eligibilit­y requiremen­ts for sponsorshi­p will not be met,” the letter said.

Mailman gets emotional when he talks about Lisa: “She was the most beautiful girl I ever met,” he says of his late wife.

The couple lived in New Zealand, near Wellington, for several years, where she worked as an office administra­tor and he as a commercial constructi­on contractor.

They married in Brampton in 2007 before returning to New Zealand, where they lived until November 2012, when Sydney was 8 months old.

Mailman was admitted to Canada under the Internatio­nal Experience Class category, which allowed him to work here legally for up to a year. The couple then filed their spousal sponsorshi­p forms in early 2014.

Chapman has tried to act as his son-in-law’s sponsor on behalf of Lisa, knowing Mailman would have no problem supporting himself and his granddaugh­ter.

“They have all their support in Canada. I am hating it. It’s a long way to New Zealand. My wife is not well and can’t fly 24 hours to New Zealand. And we won’t be able to see Sydney,” said Chapman. “It will break my wife’s heart.”

 ?? STEVE RUSSELL/TORONTO STAR ?? Scott Mailman is struggling to stay in Canada after his spousal sponsorshi­p applicatio­n was cut short by the death of his wife, Lisa. Their 3-year-old daughter, Sydney, would be separated from her maternal grandparen­ts if he can’t stay in the country.
STEVE RUSSELL/TORONTO STAR Scott Mailman is struggling to stay in Canada after his spousal sponsorshi­p applicatio­n was cut short by the death of his wife, Lisa. Their 3-year-old daughter, Sydney, would be separated from her maternal grandparen­ts if he can’t stay in the country.
 ??  ?? Scott Mailman says he’s been told twice he will have to leave Canada because his sponsor — his wife, Lisa — died.
Scott Mailman says he’s been told twice he will have to leave Canada because his sponsor — his wife, Lisa — died.
 ?? STEVE RUSSELL/TORONTO STAR ?? Sydney, 31⁄ 2, is a Canadian citizen by birth, but would go back to New Zealand with her dad if he is not allowed to stay in Canada.
STEVE RUSSELL/TORONTO STAR Sydney, 31⁄ 2, is a Canadian citizen by birth, but would go back to New Zealand with her dad if he is not allowed to stay in Canada.

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