Can I apply for H & C while my application still actively open with PRRA department of Canadian immigrant.

[mumtazad7]

The following is my case history:

1. Oct 2012: As the main applicant arrived as Permanent Resident (Federal Skilled Worker) including my two children and my wife.

2. Aug 2016: I went to jail as my wife charges me with Sexual Assault, Forceful Confinement, Assault, and Utter Threats of killing time three. Breach of court Order. Moreover, from Aug 2016 till 2017 she sent me to jail for breach of the bail order, obstruction of law, and breaking the jail phone order. Also, called the cops about 15 times.

3. Aug 2016, to April 2018: She kept charging me several times.

4. Jun 2018: I was declared innocent of most of the above serious charges in a long trial while I was in jail. I applied for bail after declaring myself innocent of the previous charges, unfortunately, bail was rejected.

5. Aug 2018: With emotionally down, I went into a coma for one week while in jail, I was on medical treatment.

6. Sept 2018: I got divorced from my wife.

7. Oct 2019: I entered into a relationship with a homosexual-gay as no one was caring for me except him in jail, we tried the get marry in jail but were rejected from the jail unit.

8. Feb 2019: I pleaded guilty and the criminal court gave me a two years sentence of (1) Break and Enter-mischief and (2) Breaking the bail order from my ex-wife. As there were security reasons, family pressure, and assault incidents towards me while in jail, also, I was on medication while in jail made me plead guilty. I got 2 years of sentence time.

9. May 2019: I applied for visitation with my 2 children and it is still in process.

10. Jun 2019: My Permanent Resident status was revoked in an admissibility hearing immigration court from (CBSA) with no right to appeal.

11. July 2019: I applied for the Pre-Removal Risk Assessment (PRRA) upon the status of gay as being homosexual in Pakistan is punishable by death.

12. Aug 2019: I got released from jail.

13. Sept 2020: The PRRA rejected my application with negative results.

14. Nov 2020: I appealed for Review to the Federal Court.

15. Jan 2021: I did the settlement with the Immigration Department in the Review of the Federal Court application with the chance to resubmit a written statement and additional documents.

16. Mar 2021: I resubmitted a written statement and additional documents to PRRA.

17. Mar 2021: I ended the relationship with a homosexual/gay as he was abusive towards me since his release from jail.

18. Mar 2021: As bisexual got married to a Canadian citizen lady.

19. Jun 2021: I contacted IRCC for a work permit and IRCC refused as my PR status was reworked and due to criminal inadmissibility my status is foreign national now.

20. Dec 2021: My child was born in Canada.

21. Dec 2021: PRRA refuses 2nd time my application.

22. Mar 2022: I appealed for Review to the Federal Court.

23. Sept 2022: I did the settlement with Immigration Department in the Review from the Federal Court with the chance to submit a written statement and additional documents again.

24. Dec 2022: Waiting for the PRRA department to send me the instruction for the re-submission of a written statement and additional documents.

So my question is the following:

1. Can I apply H & C for the best interest of my newborn child as well stepfather of my new Canadian wife's 2 children who are living with me in Canada?

2. Can my Canadian wife sponsor me as my understanding is that with my criminal history like 2 years in jail in Canada she can not sponsor me.

Please reply with new options and guide me in my hardship.

 

[canuck78]

The following is my case history:

1. Oct 2012: As the main applicant arrived as Permanent Resident (Federal Skilled Worker) including my two children and my wife.

2. Aug 2016: I went to jail as my wife charges me with Sexual Assault, Forceful Confinement, Assault, and Utter Threats of killing time three. Breach of court Order. Moreover, from Aug 2016 till 2017 she sent me to jail for breach of the bail order, obstruction of law, and breaking the jail phone order. Also, called the cops about 15 times.

3. Aug 2016, to April 2018: She kept charging me several times.

4. Jun 2018: I was declared innocent of most of the above serious charges in a long trial while I was in jail. I applied for bail after declaring myself innocent of the previous charges, unfortunately, bail was rejected.

5. Aug 2018: With emotionally down, I went into a coma for one week while in jail, I was on medical treatment.

6. Sept 2018: I got divorced from my wife.

7. Oct 2019: I entered into a relationship with a homosexual-gay as no one was caring for me except him in jail, we tried the get marry in jail but were rejected from the jail unit.

8. Feb 2019: I pleaded guilty and the criminal court gave me a two years sentence of (1) Break and Enter-mischief and (2) Breaking the bail order from my ex-wife. As there were security reasons, family pressure, and assault incidents towards me while in jail, also, I was on medication while in jail made me plead guilty. I got 2 years of sentence time.

9. May 2019: I applied for visitation with my 2 children and it is still in process.

10. Jun 2019: My Permanent Resident status was revoked in an admissibility hearing immigration court from (CBSA) with no right to appeal.

11. July 2019: I applied for the Pre-Removal Risk Assessment (PRRA) upon the status of gay as being homosexual in Pakistan is punishable by death.

12. Aug 2019: I got released from jail.

13. Sept 2020: The PRRA rejected my application with negative results.

14. Nov 2020: I appealed for Review to the Federal Court.

15. Jan 2021: I did the settlement with the Immigration Department in the Review of the Federal Court application with the chance to resubmit a written statement and additional documents.

16. Mar 2021: I resubmitted a written statement and additional documents to PRRA.

17. Mar 2021: I ended the relationship with a homosexual/gay as he was abusive towards me since his release from jail.

18. Mar 2021: As bisexual got married to a Canadian citizen lady.

19. Jun 2021: I contacted IRCC for a work permit and IRCC refused as my PR status was reworked and due to criminal inadmissibility my status is foreign national now.

20. Dec 2021: My child was born in Canada.

21. Dec 2021: PRRA refuses 2nd time my application.

22. Mar 2022: I appealed for Review to the Federal Court.

23. Sept 2022: I did the settlement with Immigration Department in the Review from the Federal Court with the chance to submit a written statement and additional documents again.

24. Dec 2022: Waiting for the PRRA department to send me the instruction for the re-submission of a written statement and additional documents.

So my question is the following:

1. Can I apply H & C for the best interest of my newborn child as well stepfather of my new Canadian wife's 2 children who are living with me in Canada?

2. Can my Canadian wife sponsor me as my understanding is that with my criminal history like 2 years in jail in Canada she can not sponsor me.

Please reply with new options and guide me in my hardship.

You are inadmissible for all PR programs due to your criminal convictions which is why you have been continuously denied. If you aren’t working with a lawyer you should be. You can’t be in a coma while in jail. You may have been in shock but that isn’t the same as a coma. You can always file an H&C case but that doesn’t stop any removal order. Unfortunately same sex relationships associated with prison are fairly common and not necessarily associated with sexuality while outside of jail which also could be an issue you may be facing when trying to prove you are bisexual. How long were you in a same sex relationship outside of prison and do you have proof of that same sex relationship out of prison? The fact that you said you married a woman in the same month as you ended your relationship with your boyfriend and you had a child less than 9 months from when you indicate that you broke up with your boyfriend is problematic.

 

[Simba112]

The following is my case history:

1. Oct 2012: As the main applicant arrived as Permanent Resident (Federal Skilled Worker) including my two children and my wife.

2. Aug 2016: I went to jail as my wife charges me with Sexual Assault, Forceful Confinement, Assault, and Utter Threats of killing time three. Breach of court Order. Moreover, from Aug 2016 till 2017 she sent me to jail for breach of the bail order, obstruction of law, and breaking the jail phone order. Also, called the cops about 15 times.

3. Aug 2016, to April 2018: She kept charging me several times.

4. Jun 2018: I was declared innocent of most of the above serious charges in a long trial while I was in jail. I applied for bail after declaring myself innocent of the previous charges, unfortunately, bail was rejected.

5. Aug 2018: With emotionally down, I went into a coma for one week while in jail, I was on medical treatment.

6. Sept 2018: I got divorced from my wife.

7. Oct 2019: I entered into a relationship with a homosexual-gay as no one was caring for me except him in jail, we tried the get marry in jail but were rejected from the jail unit.

8. Feb 2019: I pleaded guilty and the criminal court gave me a two years sentence of (1) Break and Enter-mischief and (2) Breaking the bail order from my ex-wife. As there were security reasons, family pressure, and assault incidents towards me while in jail, also, I was on medication while in jail made me plead guilty. I got 2 years of sentence time.

9. May 2019: I applied for visitation with my 2 children and it is still in process.

10. Jun 2019: My Permanent Resident status was revoked in an admissibility hearing immigration court from (CBSA) with no right to appeal.

11. July 2019: I applied for the Pre-Removal Risk Assessment (PRRA) upon the status of gay as being homosexual in Pakistan is punishable by death.

12. Aug 2019: I got released from jail.

13. Sept 2020: The PRRA rejected my application with negative results.

14. Nov 2020: I appealed for Review to the Federal Court.

15. Jan 2021: I did the settlement with the Immigration Department in the Review of the Federal Court application with the chance to resubmit a written statement and additional documents.

16. Mar 2021: I resubmitted a written statement and additional documents to PRRA.

17. Mar 2021: I ended the relationship with a homosexual/gay as he was abusive towards me since his release from jail.

18. Mar 2021: As bisexual got married to a Canadian citizen lady.

19. Jun 2021: I contacted IRCC for a work permit and IRCC refused as my PR status was reworked and due to criminal inadmissibility my status is foreign national now.

20. Dec 2021: My child was born in Canada.

21. Dec 2021: PRRA refuses 2nd time my application.

22. Mar 2022: I appealed for Review to the Federal Court.

23. Sept 2022: I did the settlement with Immigration Department in the Review from the Federal Court with the chance to submit a written statement and additional documents again.

24. Dec 2022: Waiting for the PRRA department to send me the instruction for the re-submission of a written statement and additional documents.

So my question is the following:

1. Can I apply H & C for the best interest of my newborn child as well stepfather of my new Canadian wife's 2 children who are living with me in Canada?

2. Can my Canadian wife sponsor me as my understanding is that with my criminal history like 2 years in jail in Canada she can not sponsor me.

Please reply with new options and guide me in my hardship.

1. You need to overcome criminal inadmissibility first. It is up to your submission for the officer to warrant waiver of inadmissibility. You should note that, H&C success rate are very lower, even from people with clean records, and in your case, officer will be made aware of your immigration and criminal history before determination. In my opinion, your criminal inadmissibility will outweigh best interest of a child. They will assess danger to the public before other factors.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility.html

2. No, she can not.

NB: As @canuck78 pointed, timeline after ending your gay relationship, to getting married the next day, to having a child exactly 8-9months may raise questions.

 

[canuck78]

When did your boyfriend get released from prison and did he live with you after getting released? Based on your timeline it’s unclear how long you had a relationship outside of prison. When you left jail were you on probation? When did that end? That will have a factor on when you can attempt to overcome criminal inadmissibility.

 

[mumtazad7]

1. You need to overcome criminal inadmissibility first. It is up to your submission for the officer to warrant waiver of inadmissibility. You should note that, H&C success rate are very lower, even from people with clean records, and in your case, officer will be made aware of your immigration and criminal history before determination. In my opinion, your criminal inadmissibility will outweigh best interest of a child. They will assess danger to the public before other factors.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility.html

2. No, she can not.

NB: As @canuck78 pointed, timeline after ending your gay relationship, to getting married the next day, to having a child exactly 8-9months may raise questions.

Thanks for your reply. I knew that officer would be made aware of my immigration and criminal history before determination as my case is domestic violence and no danger to the public. I lived in Canada for more than 10 years. When there is a dispute in a healthy relationship then there is no time frame to end the abusive relationship, I also got involved with another Canadian lady who was having the same background as the family break. The feeling of the person's mind and the body does have time-limited to change. I left the province after re-submitting to PRRA and moved to the other province just to start a peaceful life, I told everything to the Canadian lady who was a friend of mine for more than 22 years from Pakistan as she is from Pakistan. God bless us child exactly 9 months after we married.

 

[mumtazad7]

When did your boyfriend get released from prison and did he live with you after getting released? Based on your timeline it’s unclear how long you had a relationship outside of prison. When you left jail were you on probation? When did that end? That will have a factor on when you can attempt to overcome criminal inadmissibility.

He got released around 3 months after my release and we live together. I was on probation for 3 years which just ended Aug 2022.

 

[mumtazad7]

You are inadmissible for all PR programs due to your criminal convictions which is why you have been continuously denied. If you aren’t working with a lawyer you should be. You can’t be in a coma while in jail. You may have been in shock but that isn’t the same as a coma. You can always file an H&C case but that doesn’t stop any removal order. Unfortunately same sex relationships associated with prison are fairly common and not necessarily associated with sexuality while outside of jail which also could be an issue you may be facing when trying to prove you are bisexual. How long were you in a same sex relationship outside of prison and do you have proof of that same sex relationship out of prison? The fact that you said you married a woman in the same month as you ended your relationship with your boyfriend and you had a child less than 9 months from when you indicate that you broke up with your boyfriend is problematic.

I had a lawyer all the way in my PRRA application. I was not shocked I really went into a coma condition and I do have medical reports. Yes, it is true same-sex relationships in jail are fairly common and not necessarily associated with sexuality while outside of jail which also could be an issue I may be facing when trying to prove I am bisexual. I do have a record of having relationships out of prison. When there is a dispute in a healthy relationship then there is no time frame to end the abusive relationship, I also got involved with another Canadian woman who was having the same background as a broken family and have 2 children. The feeling of the person's mind and the body does not have time-limited to change. I left the province after re-submitting to PRRA and moved to the other province just to start a peaceful life, I told everything to the Canadian woman who was a friend of mine for more than 22 years from Pakistan as she is from Pakistan. God bless us child exactly 9 months after we married.