Hi my name is Hari I came to Canada in 2017 unfortunately I am not able to achieve my PR yet and the rules got tighten and WP about to expire so I was thinking to go back but I have 4 years daughter born in Canada she goes to pre school and do many others activities. Now I am scared that If she will be able to live properly in other environment or not also she has nut allergy which scares me the most bcs in India there are no schools which are nut free. So someone suggest as I am in Canada from last 7 years . Also I have a citizen child I am eligible for H&C in best interest of child category. can anyone provide a suggestion my only concern is my child’s health. Thank you pls reply
H&C information
- Thread starter Hari27
- Start date
So are you still PR? If you are and it is still valid, then come via plane. If it is no longer valid then enter through Canadian land border. You can also apply for PRTD and try H&C but child is not even in Canada. How long have you been living outside Canada because if she has not even been in the country then having a Canadian child doesn’t allow you to move there. If your child’s health was such a concern then why did you leave Canada. Get a good lawyer.
I would recommend you post to the Refugee / Asylum section of the forum. Look for the large H&C thread.
The short answer is that you can certainly apply for H&C but none of us can tell you if your application will be successful.
H&C takes years to process so if WP is expiring you cannot work or access any services like healthcare. So be prepared not to have any income for several years. Whether it it is the best interest of the child will be decided by IRCC. Get a good lawyer to help.
Not too hard to find schools that are nut free in India. German International School Chennai, The British School New Delhi, etc to name a few.
She can also be homeschooled in India and she can come back to Canada after she graduates 12th grade.
You can certainly try but nut allergy is unlikely to be a good reason to remain in Canada. Canada is not a nut free society and EpiPens are available in India.