H&c

[Patt garcia]

An H&C application is a last option and is difficult to get. Why can’t you qualify or work towards any of the economic immigration programs? What are your special circumstances that would make you qualify for H&C?

• #31

Hello, well… My situation is really delicated.
I was being sponsored by my ex spouse and I suffered domestic abuse on december, I called the police and they arrest him, the brought me to a shelter for women and i called immigration to tell them the situation, I have a Canadian child of 2 years and we can not be separated, her father doesnt allow me to bring her to my country, IRCC told apply for H&C immediately but at that time I did not have $$, my work permit was approved 5 months later and they told me my sponsorship was transferred into H&C and transferred to my IRCC local office but when I call IRRC they told me it hasn’t been transferred yet. I had a consultation with a lawyer from legal aid and she told me my case for H&C is stronger but i didn’t want to send a new application due the fees and the money, however IRCC is taking a lot of time transferring my application.
I can’t apply for PR with a work permit because my work permit will be expired on octuber and it was under the sponsorship program which is invalid now
I applied for TRP for domestic violence they refused because I had a “legal status” and that permit is for women out of status, that’s why I was wondering about if is the same case under H&C, If I have to be out of status or no legal status at all.

 

[scylla]

• #31

Hello, well… My situation is really delicated.
I was being sponsored by my ex spouse and I suffered domestic abuse on december, I called the police and they arrest him, the brought me to a shelter for women and i called immigration to tell them the situation, I have a Canadian child of 2 years and we can not be separated, her father doesnt allow me to bring her to my country, IRCC told apply for H&C immediately but at that time I did not have $$, my work permit was approved 5 months later and they told me my sponsorship was transferred into H&C and transferred to my IRCC local office but when I call IRRC they told me it hasn’t been transferred yet. I had a consultation with a lawyer from legal aid and she told me my case for H&C is stronger but i didn’t want to send a new application due the fees and the money, however IRCC is taking a lot of time transferring my application.
I can’t apply for PR with a work permit because my work permit will be expired on octuber and it was under the sponsorship program which is invalid now
I applied for TRP for domestic violence they refused because I had a “legal status” and that permit is for women out of status, that’s why I was wondering about if is the same case under H&C, If I have to be out of status or no legal status at all.

You can apply for H&C while you have valid status in Canada under a temporary work permit. You don't have to be out of status.

 

[canuck78]

• #31

Hello, well… My situation is really delicated.
I was being sponsored by my ex spouse and I suffered domestic abuse on december, I called the police and they arrest him, the brought me to a shelter for women and i called immigration to tell them the situation, I have a Canadian child of 2 years and we can not be separated, her father doesnt allow me to bring her to my country, IRCC told apply for H&C immediately but at that time I did not have $$, my work permit was approved 5 months later and they told me my sponsorship was transferred into H&C and transferred to my IRCC local office but when I call IRRC they told me it hasn’t been transferred yet. I had a consultation with a lawyer from legal aid and she told me my case for H&C is stronger but i didn’t want to send a new application due the fees and the money, however IRCC is taking a lot of time transferring my application.
I can’t apply for PR with a work permit because my work permit will be expired on octuber and it was under the sponsorship program which is invalid now
I applied for TRP for domestic violence they refused because I had a “legal status” and that permit is for women out of status, that’s why I was wondering about if is the same case under H&C, If I have to be out of status or no legal status at all.

Would add that you should be seeking a custody agreement as well.

 

[Patt garcia]

Yes! I have that as well and I will send it. I have full custody and my child is seeing a speech therapist here! Thank you for the tips.

 

[canuck78]

Yes! I have that as well and I will send it. I have full custody and my child is seeing a speech therapist here! Thank you for the tips.

Does your husband have visitation because if not your argument that you can’t live in your home country doesn’t hold true.

 

[Patt garcia]

Does your husband have visitation because if not your argument that you can’t live in your home country doesn’t hold true.

why can’t hold be true having visitations? It is too hard to bring a child out from Canada without the father’s signature even if you have custody. Even though, my daughter is being treated with psychologist, speech therapists and pediatrician in Canada because she is asthmatic/speech delay as well, her medical treatment is in Montreal, she has her daycare and her own teachers there, i have custody and child protection isn’t involved in my case because I showed I’m a “good mother”.
I have lots of proofs (police reports, medical reports, shelter letters, school letters from my daughter, letters and medical reports testifying why I can not be separated from my daughter by her own development, work history) the basis of my H&C are under family violence plus the best interest of the child, also I am from Mexico, one of the countries with most femicides in LATAM, coming back there could be the worst because my ex husband has a restriction order with me and my child in Canada, not in Mexico, we aren’t safe in Mexico because that. For sure, I have lots of details I can’t explain here because it is a sensitive situation.

I’m not really too worried about my case, I was mostly wondering about if having a status can affect the process of H&C (if you have a temporary status) I talk almost daily with the agents from IRCC and they always suggested me to send a new application of H&C.

But thanks for the answers, it is very helpful

 

[canuck78]

why can’t hold be true having visitations? It is too hard to bring a child out from Canada without the father’s signature even if you have custody. Even though, my daughter is being treated with psychologist, speech therapists and pediatrician in Canada because she is asthmatic/speech delay as well, her medical treatment is in Montreal, she has her daycare and her own teachers there, i have custody and child protection isn’t involved in my case because I showed I’m a “good mother”.
I have lots of proofs (police reports, medical reports, shelter letters, school letters from my daughter, letters and medical reports testifying why I can not be separated from my daughter by her own development, work history) the basis of my H&C are under family violence plus the best interest of the child, also I am from Mexico, one of the countries with most femicides in LATAM, coming back there could be the worst because my ex husband has a restriction order with me and my child in Canada, not in Mexico, we aren’t safe in Mexico because that. For sure, I have lots of details I can’t explain here because it is a sensitive situation.

I’m not really too worried about my case, I was mostly wondering about if having a status can affect the process of H&C (if you have a temporary status) I talk almost daily with the agents from IRCC and they always suggested me to send a new application of H&C.

But thanks for the answers, it is very helpful

If you have full custody of your child without your husband having visitation you can leave Canada without his permission.

 

[Patt garcia]

It is really important that you inform yourself about family law and don’t give wrong information on a forum that can confuse other woman that is passing through the same situation than me, you have no clue about family and immigration law and that’s clear, I just did a basic question and you’re here telling me leave a country that doesn’t even is taking me out and im pretty sure about my case. And even though, why should I give you explanations about my case? If you’re not an immigration agent, you should not give any answer about a certain case you don’t know. Stop being so negative, not even immigration tells me that kinda of bullshits and go to read about family law urgently.

 

[scylla]

It is really important that you inform yourself about family law and don’t give wrong information on a forum that can confuse other woman that is passing through the same situation than me, you have no clue about family and immigration law and that’s clear, I just did a basic question and you’re here telling me leave a country that doesn’t even is taking me out and im pretty sure about my case. And even though, why should I give you explanations about my case? If you’re not an immigration agent, you should not give any answer about a certain case you don’t know. Stop being so negative, not even immigration tells me that kinda of bullshits and go to read about family law urgently.

IMO you have a strong case for H&C with a Canadian child and strong evidence of abuse. You should definitely apply.

 

[Simba112]

It is really important that you inform yourself about family law and don’t give wrong information on a forum that can confuse other woman that is passing through the same situation than me, you have no clue about family and immigration law and that’s clear, I just did a basic question and you’re here telling me leave a country that doesn’t even is taking me out and im pretty sure about my case. And even though, why should I give you explanations about my case? If you’re not an immigration agent, you should not give any answer about a certain case you don’t know. Stop being so negative, not even immigration tells me that kinda of bullshits and go to read about family law urgently.

You have strong H&C case, ignore some negative comments. Apply and all the best.

 

[Masjuy]

I believe you have strong case, do not pay attention to some negative attitude,
I had similar situation and I applied to refugee, I was accepted. While I was asking advice, I had the same negative comments

 

[canuck78]

It is really important that you inform yourself about family law and don’t give wrong information on a forum that can confuse other woman that is passing through the same situation than me, you have no clue about family and immigration law and that’s clear, I just did a basic question and you’re here telling me leave a country that doesn’t even is taking me out and im pretty sure about my case. And even though, why should I give you explanations about my case? If you’re not an immigration agent, you should not give any answer about a certain case you don’t know. Stop being so negative, not even immigration tells me that kinda of bullshits and go to read about family law urgently.

It is really important that you inform yourself about family law and don’t give wrong information on a forum that can confuse other woman that is passing through the same situation than me, you have no clue about family and immigration law and that’s clear, I just did a basic question and you’re here telling me leave a country that doesn’t even is taking me out and im pretty sure about my case. And even though, why should I give you explanations about my case? If you’re not an immigration agent, you should not give any answer about a certain case you don’t know. Stop being so negative, not even immigration tells me that kinda of bullshits and go to read about family law urgently.

Didn’t say you shouldn’t apply. I was pointing out that if you have full custody with no visitation there isn’t an argument that you could not return home with your child. That doesn’t mean that you will not be accepted. I was pointing out the argument you will encounter.

 

[99909]

If one is having school going Children with an Canadian born child in Canada, alongside medicals issues, wife studying but relying on social for 2 years and have just started work, what could be the chances in H&C

 

[scylla]

If one is having school going Children with an Canadian born child in Canada, alongside medicals issues, wife studying but relying on social for 2 years and have just started work, what could be the chances in H&C

It would be ideal if you can stop taking social assistance. This can sometimes work against you with an H&C application.

 

[99909]

It would be ideal if you can stop taking social assistance. This can sometimes work against you with an H&C application.

Always appreciate your opinion.
Yes already stopped the social assistance.
Thank you for your reply.