H&C Application

[Rocio Monserrat]

Hello,

I would like to thank everyone who usually participates in this forum. it is been a good source for assistant in CIC applications and process. Thank you all!

Here is my case:

Came to Canada in 2011 on study permit. Graduated in 2018 from university. I am holding PGWP that valid for 2 more years. (I don’t have A,B and 0 job category) I am thinking to submit a H&C application based on some facts:

1- I am from Bahrain my wife is from Mexico and my son was born in Canada who is 3 years old.
2- My status is on PGWP and my wife on Visitor record extension process.
2- Since I was married to my wife here in Canada without a government permission from Bahrain, I can not sponser her to have a visa. and my marriage is illegal.
3- Bahrain has no Issue to give my son the nationality, as long as i have prove that I am his father (I do have, the birth certificate).
4- In the other hand, Mexico has grantee me a visitor visa for more than 180 days and less than 5 years. but I can not work there.

My main concern is:
we don’t have another place to go together. our options are:

1- I take my son and travel to Bahrain and separate from my wife.
2- I stay with my son in Canada without having my wife with us.
3- My wife take the son and go to Mexico. (very poor decision because my wife family are living in very poor town that will effact the interest and life style of my son).
4- We go all to Mexico, I stay as visitor without any source of income to support my family! (I am the main fianically supporter of the family since we met)

Ladies and gentlemen,

What do you think about my case? On which ground should I rely? I highly appreciated all recommendtions! I will keep an eye on this forum while filling my application. and I will update my application and share it here.

Thank you all..

 

[Buletruck]

How are those ground exceptional? Have you even looked at possible immigration opportunities? Personally (and I don’t make the decision) you don’t have H&C grounds and you are looking for an easy way to remain in Canada.

Edit: took about two minutes to find and read you would be eligible for a Mexican PR after two years with a Mexican wife.

 

[canuck78]

Just because your wife’s family lives in one area doesn’t mean that you have to. You are aware of the requirements to get PR while you were working during pgwp. Not sure how you met your wife and what her status was in Canada but she was also likely aware of the PR requirements as well.

 

[canuck78]

How are those ground exceptional? Have you even looked at possible immigration opportunities? Personally (and I don’t make the decision) you don’t have H&C grounds and you are looking for an easy way to remain in Canada.

Edit: took about two minutes to find and read you would be eligible for a Mexican PR after two years with a Mexican wife.

You should be looking at how to apply now so you can work if you have to move to Mexico.

 

[Rocio Monserrat]

How are those ground exceptional? Have you even looked at possible immigration opportunities? Personally (and I don’t make the decision) you don’t have H&C grounds and you are looking for an easy way to remain in Canada.

Edit: took about two minutes to find and read you would be eligible for a Mexican PR after two years with a Mexican wife.

Hi BlueTruck,

Thank you for your replay.


You thankfully did a 2 minutes research and found out that I have to stay at least 2 years continuous in Mexico as a visitor to be qualified for PR.

I am not sure about how could someone would survive for 2 years without an income? even if my spouse going to work, she won’t make more than 400$ a month! Don’t you think that will has an impact on the child? My argument is here!

we are very settled in Canada. I have a good income, we file taxes. I pay daycare. we have never been in an issue. my only negative side is that I am not working for A, B and 0 categories. which mean I am not qualified to apply as a skilled worker and we have to leave the country at the end of our status.


I have heard from other lawyers that there is a possibility to my case. but I am not sure yet if I should go ahead or it is going to be a waste of money. that's why I am open for more opinions.

And again thank you.

 

[Rocio Monserrat]

Just because your wife’s family lives in one area doesn’t mean that you have to. You are aware of the requirements to get PR while you were working during pgwp. Not sure how you met your wife and what her status was in Canada but she was also likely aware of the PR requirements as well.

Hi Canuck78,

Thank you for your replay.

My wife has been on a Visitor visa, study permit, OWP and now on Visitor record.
I been on study permit for 6 years and now on PGWP.

 

[Buletruck]

So why not get a better job that you can qualify for immigration? You spent 6 years here studying, even If it means moving to another part of Canada to get the experience. The fact your lawyers say there is only a possibility should give you some indication your chances of a successful application are less than optimal.
The fact you chose not to follow the requirements for Bahrain to marry a foreigner (it’s not illegal, just convoluted) is your own fault. Given the lower cost of living in Mexico, $400/month isn’t far off the average wage. Given she too was on a study permit, I doubt her education would put you in a lower wage bracket. If you plan to attempt an application, you best make sure you have all the back up to claim exceptional circumstances. With very little effort, I’ve started picking your plan apart, and I am not a trained IRCC/IRB member. Remember, a Canadian child really doesn’t guarantee the parents the right to remain in Canada. While best interests carries significant weight, it’s not uncommon for a family claim like your to be denied.

 

[canuck_in_uk]

Hello,

I would like to thank everyone who usually participates in this forum. it is been a good source for assistant in CIC applications and process. Thank you all!

Here is my case:

Came to Canada in 2011 on study permit. Graduated in 2018 from university. I am holding PGWP that valid for 2 more years. (I don’t have A,B and 0 job category) I am thinking to submit a H&C application based on some facts:

1- I am from Bahrain my wife is from Mexico and my son was born in Canada who is 3 years old.
2- My status is on PGWP and my wife on Visitor record extension process.
2- Since I was married to my wife here in Canada without a government permission from Bahrain, I can not sponser her to have a visa. and my marriage is illegal.
3- Bahrain has no Issue to give my son the nationality, as long as i have prove that I am his father (I do have, the birth certificate).
4- In the other hand, Mexico has grantee me a visitor visa for more than 180 days and less than 5 years. but I can not work there.

My main concern is:
we don’t have another place to go together. our options are:

1- I take my son and travel to Bahrain and separate from my wife.
2- I stay with my son in Canada without having my wife with us.
3- My wife take the son and go to Mexico. (very poor decision because my wife family are living in very poor town that will effact the interest and life style of my son).
4- We go all to Mexico, I stay as visitor without any source of income to support my family! (I am the main fianically supporter of the family since we met)

Ladies and gentlemen,

What do you think about my case? On which ground should I rely? I highly appreciated all recommendtions! I will keep an eye on this forum while filling my application. and I will update my application and share it here.

Thank you all..

I don't see H&C grounds. There is nothing preventing you from living in Mexico. Your wife could work to support the family, as many other single income families do. You could also look for an employer while there to apply for a work visa.

For Bahrain, there is likely a process to have your Canadian marriage recognized and therefore allow your wife to move there.

 

[Bornlucky]

Hi - since you are seeking opinions, you have a very thin argument with what you're presenting here

On the negative side of the ledger, there look to be reasonable solutions for you to remain together as a family outside of Canada. You are all here on a temporary basis where mutual expectations were that each of you would eventually exit the country. Your child is young and could be expected to adapt to life in Bahrain or Mexico, or some mixed solution that you will have to find.

The lone policy factor you have is, will a child with fewer opportunities and/or resources be better off in Canada and the answer is usually yes, but this is a generalized assumption and you will need to somehow establish that this impoverished condition (you could work in Bahrain, I gather and send remittances) isn't simply a broadly shared level of subsistence across the greater, local population. In short, being impoverished amongst the impoverished is simply a sad but anticipated situation for many children in many places.

Anyway, the fundamental question that is asked with the filing of an inland H&C application is: why should an exception to the rule that people apply for permanent residence from outside of Canada be granted? There are a number of policy objectives entwined within the Manual that you can easily find and look at. https://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf

Paying taxes and obeying laws are expectations so no extra points there, so what you've presented here, in my view, is a single factor application. It would only be convenient for Canada to alleviate you from an otherwise imperfect situation. Without an approval it appears that you will have a complex but reasonably manageable ability to continue to function as a family, and one could even imagine advantages for the child to benefit when receiving generous support from a father who has the ability to work abroad, share his citizenry and afford material advantages for a child where the economy is depressed.

But hey, you just never know and this is all simply "guess and good luck" speculation based upon a posting.

 

[canuck78]

The big issue is knowing what you needed to apply for PR and also get your wife an OWP why didn’t you both work in jobs that would qualify? Luckily Mexico recently became visa exempt or your wife wouldn’t have been able to return to Canada.

 

[scylla]

Hi BlueTruck,

Thank you for your replay.


You thankfully did a 2 minutes research and found out that I have to stay at least 2 years continuous in Mexico as a visitor to be qualified for PR.

I am not sure about how could someone would survive for 2 years without an income? even if my spouse going to work, she won’t make more than 400$ a month! Don’t you think that will has an impact on the child? My argument is here!

we are very settled in Canada. I have a good income, we file taxes. I pay daycare. we have never been in an issue. my only negative side is that I am not working for A, B and 0 categories. which mean I am not qualified to apply as a skilled worker and we have to leave the country at the end of our status.


I have heard from other lawyers that there is a possibility to my case. but I am not sure yet if I should go ahead or it is going to be a waste of money. that's why I am open for more opinions.

And again thank you.

Have you researched the PNP programs? Some of them are open to individuals in semi skilled jobs.

 

[Copingwithlife]

Btw , paying your taxes , paying for childcare, never having an issue here are not extraordinary. We’re all supposed to do these things , whether someone is a citizen PR, temporary worker etc . Doesn’t suddenly slot you into the 1% of the population
That “ I’m paying taxes “ reason pops it’s head up so many times , I’m beginning to think people in other countries don’t pay taxes

 

[Buletruck]

I’m beginning to think people in other countries don’t pay taxes

Having been an expat in several countries for many years, I can tell you a lot of them don’t and never have.

 

[Rocio Monserrat]

I don't see H&C grounds. There is nothing preventing you from living in Mexico. Your wife could work to support the family, as many other single income families do. You could also look for an employer while there to apply for a work visa.

For Bahrain, there is likely a process to have your Canadian marriage recognized and therefore allow your wife to move there.

Thank for your replay,

However, I am not sure if you are aware of GIC countries rules, but here is the case:

In Bahrain, If I go and announce my marriage I will be banned from traveling outside of Bahrain for a number of years and I may face a trial. (In Bahrain before we travel abroad for school, we have to sign on contents prevent us from marrying foreign women while we are studying abroad, I have signed on these documents before I came to Canada and I have a copy of them).

So we are talking about 0% succeed for my wife to grant status in Bahrain.

And again, Thank you for sharing your opinion.

 

[Rocio Monserrat]

Hi - since you are seeking opinions, you have a very thin argument with what you're presenting here

On the negative side of the ledger, there look to be reasonable solutions for you to remain together as a family outside of Canada. You are all here on a temporary basis where mutual expectations were that each of you would eventually exit the country. Your child is young and could be expected to adapt to life in Bahrain or Mexico, or some mixed solution that you will have to find.

The lone policy factor you have is, will a child with fewer opportunities and/or resources be better off in Canada and the answer is usually yes, but this is a generalized assumption and you will need to somehow establish that this impoverished condition (you could work in Bahrain, I gather and send remittances) isn't simply a broadly shared level of subsistence across the greater, local population. In short, being impoverished amongst the impoverished is simply a sad but anticipated situation for many children in many places.

Anyway, the fundamental question that is asked with the filing of an inland H&C application is: why should an exception to the rule that people apply for permanent residence from outside of Canada be granted? There are a number of policy objectives entwined within the Manual that you can easily find and look at. https://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf

Paying taxes and obeying laws are expectations so no extra points there, so what you've presented here, in my view, is a single factor application. It would only be convenient for Canada to alleviate you from an otherwise imperfect situation. Without an approval it appears that you will have a complex but reasonably manageable ability to continue to function as a family, and one could even imagine advantages for the child to benefit when receiving generous support from a father who has the ability to work abroad, share his citizenry and afford material advantages for a child where the economy is depressed.

But hey, you just never know and this is all simply "guess and good luck" speculation based upon a posting.

Thank you for your reply,

I may need to support my argument otherwise it seems not strong enough.

My ground is the interest of the child.

As a Canadian child who has an Arabic father living in one of the highest crime towns in Mexico, he would be an easy target to kidnap. I am not sure if I should wait until he gets kidnap and then ask an assistant from Canadian embassy abroad.

or should I separate the child from mom and take him back home with me? (is that something not unusual)

There is an argument. I can not see it, But I feel it!

And again thank you for your opinion.