Should I submit a H&C application? Kindly advise

[Rowlins]

My wife and I both live in Nigeria but our child was born in Canada and therefore a citizen. Can I apply for H&C from Nigeria as I haven't gotten the right IELTS scores after trying severally? If yes, on what possible grounds?

Many thanks

 

[Bs65]

Answer is no as your child being a citizen gives the parents no rights and an H&C application would fail based on that. The child could eventually sponsor the parents when reaching 18 but that is about it, only the child has rights to move to and live in Canada.. Would speculate that even applying for a visitor visa might be challenging as IRCC might suspect that with a Canadian child the parents may not leave.

 

[Rowlins]

Answer is no as your child being a citizen gives the parents no rights and an H&C application would fail based on that. The child could eventually sponsor the parents when reaching 18 but that is about it..

Thanks for your reply. What other options do I have now to come to Canada?

 

[Bs65]

Find an employer willing to support an LMIA orapply for a study permit or improve your IELTS scores. What are your scores by the way and what score do you get for immigration.

 

[Rowlins]

Ok. How do I find such employers? My scores are currently 7.5 in listening, 7 in speaking, 6 in reading and 6 in writing.

 

[vensak]

Ok. How do I find such employers? My scores are currently 7.5 in listening, 7 in speaking, 6 in reading and 6 in writing.

Ok your score is at least good enough to be able to enter EE (of course to low to be selected). However without additional information, there is no saying what chance you have or not.
Just so you know people that are skilled trades do not have to have those perfect English results to be selected. Also because you have a Canadian child, that means you were already in Canada in the past. So what was it for (study, work or other)?

 

[Rowlins]

Ok your score is at least good enough to be able to enter EE (of course to low to be selected). However without additional information, there is no saying what chance you have or not.
Just so you know people that are skilled trades do not have to have those perfect English results to be selected. Also because you have a Canadian child, that means you were already in Canada in the past. So what was it for (study, work or other)?

I was there for visit. I have s sister there who is a permanent resident. I also did a one year program there before I returned to my country

 

[vensak]

I was there for visit. I have s sister there who is a permanent resident. I also did a one year program there before I returned to my country

ok so you have studied in Canada, correct? If yes what type of study was it and when was it?

 

[Rowlins]

ok so you have studied in Canada, correct? If yes what type of study was it and when was it?

It was a graduate certificate in 2014.

 

[vensak]

It was a graduate certificate in 2014.

So just a high school diploma?

 

[Rowlins]

So just a high school diploma?

More like a college diploma. I have bachelors too and have done ECA

 

[canuck78]

You will have to look at the various immigration programs. Expect that you will have difficulty travelling to Canada in the future because it looks like you did birth tourism. I hope you paid your hospital fees.

 

[Rowlins]

Yes, I paid

 

[Rowlins]

Answer is no as your child being a citizen gives the parents no rights and an H&C application would fail based on that. The child could eventually sponsor the parents when reaching 18 but that is about it, only the child has rights to move to and live in Canada.. Would speculate that even applying for a visitor visa might be challenging as IRCC might suspect that with a Canadian child the parents may not leave.

I just finished speaking with an immigration consultant. She said I could submit a H&C application on the grounds that my child is Canadian and needs access to good education, healthcare and other social amenities which are currently not available in my country. She also said that since I have Canadian education and my several attempt to get PR via express entry she can prove that I have the desire to come and settle my family in and not be a burden to the system.

Do you think these points are good enough to get the H&C approved?

 

[vensak]

I just finished speaking with an immigration consultant. She said I could submit a H&C application on the grounds that my child is Canadian and needs access to good education, healthcare and other social amenities which are currently not available in my country. She also said that since I have Canadian education and my several attempt to get PR via express entry she can prove that I have the desire to come and settle my family in and not be a burden to the system.

Do you think these points are good enough to get the H&C approved?

Ok, let me guess, he will help you to fill it out for a fee. Here is the problem:
1. Poverty in general is not regarded as a H&C reason, not even much in case of best interest of a child.
2. If your child does not have very special needs (for example complicated health situation), there is no much of a best interest. As so far your country does have basic school system, where your child can attend and even doctors. That better education (like private schools) or healthcare (just like in USA) has to be paid and is sometimes expensive, surprise surprise, so it is for poor Canadians
3. A failed H&C claim will practically lock you out of any visiting of Canada for long long time (most likely until your child is able to sponsor you).

So not it is not that easy to have an anchor baby.

Your best chance is investigate Express entry and provincial nomination (depending where you have studied, you might actually have a chance for a PNP).