PFL after H&c request
- Thread starter Princegh
- Start date
As I mentioned she should return to work if not receiving a “top up” which it sounds like she is receiving. A top up usually means you receive your full salary for 6-12 months depending on your contract.
you’ve been deportable this whole time since you overstayed your status in 2018/2019 it seems. Whether you would be deported is very very different question. You likely could put any removal on hold. If you ever receive a removal order or a request to speak to CBSA contact a lawyer.
She can’t return to work as she is due in 4 weeks. Doctors actually hv stop her from working as off yesterday cuz the pregnancy is a high risk one. This Pfl has put a strain on our relationship.
Ok so she may currently be using her sick days which pays the same as your current salary. Being able to show that you able to support your family without government help is important. The fact that you can’t work makes the need to prove finances falls mostly on your spouse unless you have significant savings. Most people who have high risk pregnancy where they have had to stop working use sick days first first, then short term sick leave, then go to longterm sick leave, they might have to go on longterm disability and then get maternity EI as early as 12 weeks before due date. Most delay taking maternity EI as long as possible because they still need to qualify for maternity EI and the earlier you take it the less time you can stay home after the baby is born. Some people are able to work until the end while others take maternity EI up to a month before their due date because they are uncomfortable, need to rest before the baby comes, etc. All this to say it’s unclear what type of support program your wife is currently on. Worse comes to worse you can’t work so you can take care of the children if she did have to return to work although if she is being topped up on her full salary for all or some of your maternity leave you are in a fortunate position that she doesn’t have to return to work until she stops receiving the top-up.
You can discuss with your lawyer - whose advice I would tend to agree with.
However, personal opinion only: I do not see any significant harm in responding to the PFL with two substantive points (below), and, while waiting to see what the response is, to prepare for a new application. If you get a response in the near term (say, four weeks), then you know what to do - whether the response is positive or not. If you don't get a response at all, you'll have to decide whether to wait, or withdraw that application and apply anew.
I do not know the chances of a quick positive decision, but I would say 'non-zero.' So why not try? (I also don't see serious negatives, you'll need a monht or so to put new application together anyway)
Substantive points: I see two main ones. 1) Note that while you were not common law at time of application, you have been residing together since and will clearly qualify on that basis. While this does not 'fix' the error at the time (i.e. the IRCC decision was correct), it benefits no-one to have you apply anew. And 2) child on the way, any delay or disruption already a problem, please please please save us this trouble.
[I'm assuming nothign has changed like spouse got divorced and you have married since.]
Note: you shoudl discuss with your lawyer. Since you do not really have a 'legal' argument to make here, but an H&C one (please be merciful), you could probably write this response yourself - but your lawyer should read at least just in case.
But again, default would be listen to or agree with your lawyer next steps.
You are vey lucky! I wonder how come they approved your withdrawal of the previous application, which was apparently a misrepresentation, after they sent a PFL to you. Looks like your wife didn’t disclosure that she has a previous marriage, which was a misrepresentation made by the sponsor! And if it is confirmed a misrepresentation, it is possible that they make a 5 years ban against you!
Yes we had to explain to them. I guess they understood. Anyway I’m going to receive some form of refund? Since I withdrew b4 a final decision. Thanks
how are you gonna prove the legal separated status for your wife's previous marriage?
She married the guy in Africa, tried to sponsor him here but withdrew the application cuz the marriage went bad. Guy never came here n she never visited Africa again. This is10 years ago
Does this mean that the previous application, which had been withdrawn, will still be reviewed in the next application? If so, then your application, which just had been approved for withdrawal, will be reviewed again when they process the new application. If it will influence the sponsor’s credibility or change the fact that the misrepresentation had been committed when the new application is processed?
The sponsors have rights to withdraw the applications anytime without approval. The only difference is to choose to withdraw it before the determination of ineligibility is made, which will allow them to get the refund. But I doubt it will change the fact of misrepresentation.
Maybe it will be a good idea to choose another way to apply for PR except the sponsorship by the original sponsor?
Last edited: