An Indian national who paid $15,000 to an Alberta immigration fixer in a failed attempt to secure his status in Canada will not get his money back after a judge ruled the agreement was an illegal contract.
The Failed Agreement
Ritik Sibbal sued Rajiv Chourhary Nathyal after the promised letter of endorsement from the City of Grande Prairie never materialized. According to Justice Susanne Stushnoff's November 7 decision from Edmonton, Sibbal understood this letter would allow him to continue working in Canada after his post-graduate work permit expired and potentially obtain permanent residency.
The court heard that Sibbal testified Nathyal agreed the $15,000 would be returned if the letter of endorsement wasn't obtained. Despite the application being refused, Nathyal never returned the money to Sibbal.
Background and Circumstances
Sibbal arrived in Canada in April 2019 to attend business college in Vancouver. After graduating, he obtained a three-year work permit. His goal was to obtain a new work permit before his current one expired, allowing him to stay in Canada and obtain permanent residency.
In August 2023, Sibbal moved to Grande Prairie understanding the northwestern Alberta city was considered 'rural' and that he might only need a letter of endorsement to work past his post-graduate work permit expiration. Letters of endorsement support a foreign national's job offer and their application for permanent residence under specific immigration programs.
Desperate Measures
Sibbal secured several jobs in Grande Prairie, believing his employers would help him obtain proper documentation. When those opportunities fell through, he had only six months remaining on his post-graduate work permit, set to expire in August 2024.
"He became anxious about his path forward," the decision noted. Sibbal called several immigration lawyers in Edmonton, with one ultimately referring him to Nathyal in Grande Prairie.
Justice Stushnoff described Sibbal as "very poised before the court and presented as a smart and articulate individual." She noted he was "motivated to enter into an illegal contract due to his authentic desire to become a permanent resident of Canada."
Court's Final Ruling
The judge emphasized that both parties "were equally at fault in these circumstances" and that one of the elements making Canada desirable is its legal system. Nathyal was served with notice of the lawsuit but failed to defend himself in court.
This case serves as a stark warning to those seeking immigration assistance in Canada to only work with authorized representatives and avoid entering into questionable agreements that could jeopardize both their immigration status and financial security.
