Abusive husband before PR

[BettyLoo]

My husband has been abusive for almost a year, pushes, throws me against walls and on floors. Verbally abusive with constant name calling, extremely controlling... I’m not allowed to talk to any of my friends, I can’t even go outside without him, I go take my dog for a walk and get accused of cheating. He forces me to be sexual with him, he constantly checks my phone. He even sleeps in a separate room because he can’t stand me. Now I’m at the end...
We applied for PR sponsorship in October 2018 so still no decision. I do have a two year open work visa, but will my open work visa be cancelled if I leave him?

I want to leave my husband and do something on my own to stay in Canada, my life is here in Canada for the past few years.

I’ve just taken a large finance out on a new truck, I’m about to buy a condo. I want to stay here but I don’t want to stay with my husband.

I don’t have any education or qualifications, I teach aerial dance self employed. Which has been doing really well.

Is there anything or any visa which allows me to continue to stay in Canada and apply for PR on my own. I’m considering studying to get some qualifications.
I’ve looked at humanitarian and compassionate grounds visa but I imagine they want proof... I’ve never been physically injured, and there’s hardly any texts to back anything I say up.

I have an appointment to talk to a lawyer but in the meantime if anyone has any help or suggestions.

Thank you

 

[kashifaziz]

1. Is he the "Sponsor" in your application?
2. How did you get an open work permit? Is it after attending School in Canada or is it as his spouse?

 

[BettyLoo]

1. Is he the "Sponsor" in your application?
2. How did you get an open work permit? Is it after attending School in Canada or is it as his spouse?

Yes, he is the sponsor in our application.
He works on the oil rigs but lost his job about 3 months ago. I applied for the open work visa along with our application.

 

[kashifaziz]

Yes, he is the sponsor in our application.
He works on the oil rigs but lost his job about 3 months ago. I applied for the open work visa along with our application.

https://stepstojustice.ca/questions/family-law/will-I-be-forced-to-leave-Canada-if-I-leave-my-partner

"You might have a temporary status that has nothing to do with your relationship with your partner. For example, you might have a valid work permit that allows you to stay in the country. So, if you leave your abusive partner, this doesn't affect your work permit.

But you might be at risk of being forced to leave Canada if, for example, you:

• have a sponsorship application in process under the "Spouse or Common-law Partner in Canada" class, or
• are a refugee claimant and your claim is attached to your abusive partner's refugee claim"

 

[kashifaziz]

On a seperate note: If youre qualified (a bachelors degree+proficiency in english+relevant work experience), I would highly recommend the Express Entry route. It take only max 6 months and is much quicker than any option out there.

 

[mashulia_26]

My best advice is wait till you get permanent residence under your husband sponsorship. You might get it anytime. You can take any decision after you have your PR in hand

Are you serious? Her life is in danger, he might push her one time so she hits her head and then she might not even stay alive. This is not a joke. She needs to leave him asap and report to the police. It might take her a bit longer but she will do it safely. No pr worth the happiness.

 

[Calm2019]

My husband has been abusive for almost a year, pushes, throws me against walls and on floors. Verbally abusive with constant name calling, extremely controlling... I’m not allowed to talk to any of my friends, I can’t even go outside without him, I go take my dog for a walk and get accused of cheating. He forces me to be sexual with him, he constantly checks my phone. He even sleeps in a separate room because he can’t stand me. Now I’m at the end...
We applied for PR sponsorship in October 2018 so still no decision. I do have a two year open work visa, but will my open work visa be cancelled if I leave him?

I want to leave my husband and do something on my own to stay in Canada, my life is here in Canada for the past few years.

I’ve just taken a large finance out on a new truck, I’m about to buy a condo. I want to stay here but I don’t want to stay with my husband.

I don’t have any education or qualifications, I teach aerial dance self employed. Which has been doing really well.

Is there anything or any visa which allows me to continue to stay in Canada and apply for PR on my own. I’m considering studying to get some qualifications.
I’ve looked at humanitarian and compassionate grounds visa but I imagine they want proof... I’ve never been physically injured, and there’s hardly any texts to back anything I say up.

I have an appointment to talk to a lawyer but in the meantime if anyone has any help or suggestions.

Thank you

No your open work permit still valid until the expiration date but your PR application is very close on the decision hope you receive DM soon and landing but if you’re life is at risk don’t hesitate to call 911 immediately and leave him. Since you have appointment with the lawyer ask what other options for you to apply PR on your own and maybe try other streams that suitable for you. Take care and be strong.

 

[Copingwithlife]

On a seperate note: If youre qualified (a bachelors degree+proficiency in english+relevant work experience), I would highly recommend the Express Entry route. It take only max 6 months and is much quicker than any option out there.

O/p stated they have no education

 

[laport2018]

I dont know what area you live, but my advice is to contact your local woman's shelter. They should have the resources to assist you and get you out of this awful situation. First and foremost your safety is most important.You need to get out of this situation. If you can let us know what area you are in we may be able to point you to a number of organizations that can help you in every situation.
Stay safe please

 

[kashifaziz]

O/p stated they have no education

Yes my bad. I hadnt read it carefully enough.

 

[zardoz]

My best advice is wait till you get permanent residence under your husband sponsorship. You might get it anytime. You can take any decision after you have your PR in hand

That might be considered as misrepresentation if the relationship is terminating (and clearly it is!). The last thing the OP needs now, is to be involved in immigration fraud.

 

[leavingonajetplane2016]

My best advice is wait till you get permanent residence under your husband sponsorship. You might get it anytime. You can take any decision after you have your PR in hand

You see the part where she says he throws her up against walls and forces her to have sexual relations with him, right?

 

[Copingwithlife]

She should leave per her posting of physical and emotional abuse, and secondly, she should contact the police and lay charges. She states she was thinking of applying for H/C, have no clue if that would work, since in previous postings she had mentioned she was from the UK and has family there. However by contacting the police,which she states she has not done, it would give her proof of the volatility of the relationship. And as noted, if she proceeds to go thru with the P/R application, this would more than likely constitute immigration fraud, since the relationship per her notes has definitely broken down
She should really tackle one hurdle at a time, get somewhere safe, then see what steps she could take in staying past her work visa expiration date.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/humanitarian-compassionate-considerations.html

Per the IRCC
would suffer excessive hardship if you had to return to your home country to apply (we do not consider cost and inconvenience to be excessive hardship).

It is a high bar to reach H/C in Canada

 

[Copingwithlife]

It maybe close, but the relationship has broken down. The IRCC must be advised of this fact. As noted, it constitutes immigration fraud. It is mind boggling why people would suggest she wait for her P/R when the condition of P/R that she be in a relationship, when she is not.If she gets called for a interview, what is she supposed to say in regards to the state of their relationship ?

 

[YVR123]

It maybe close, but the relationship has broken down. The IRCC must be advised of this fact. As noted, it constitutes immigration fraud. It is mind boggling why people would suggest she wait for her P/R when the condition of P/R that she be in a relationship, when she is not.If she gets called for a interview, what is she supposed to say in regards to the state of their relationship ?

I agree! She shouldn't stay at an abusive relationship and pretend to be all OK just to try to get her PR.
Getting PR isn't as important as her life at this point.