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Humanitarian and compasionate after being fired.

law student

Member
Mar 29, 2016
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I have a friend, he was here on a work permit and waiting for his permit renewal, and had his AINP nomination aproved, before apply for his PR on CIC he was charged with assault ( waiting for a discharge, to get his record clean) now he got fired which means he loses his nomination, now he wants to apply for H&C, could this work? should he wait until he gets a discharge (if so) or could he apply now? any advice how could he stay in Canada? he has a girlfriend who is willing to sponsor him, could this be an option too? he is been here for 6 years and has 2 kids, has nothing in his home country, he has a life here now.
 

scylla

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Jun 8, 2010
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His girlfriend can only sponsor him if they are either married or common law. Common law means they have lived together for at least one year continuously.
 

law student

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Mar 29, 2016
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thanks for the feedback, yes they have lived together for a while, could he have a chance with the H&C application? he is a truck driver he speaks english, take care of his kids, pay taxes every year.thanks again.
 

scylla

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Jun 8, 2010
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law student said:
thanks for the feedback, yes they have lived together for a while, could he have a chance with the H&C application? he is a truck driver he speaks english, take care of his kids, pay taxes every year.thanks again.
If they are common law (i.e. have lived together for at least a year) - then they need to go the spousal sponsorship route. An H&C application won't be successful since he can be sponsored through spousal sponsorship.
 

Ottawa-applicant

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Apr 16, 2015
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Hi,


Best advice to apply for sponsorship at this time, he has strong chance been approved for PR through spouse. H&C will take forever to get approved and only few sever cases get approved.

Don’t hesitate if the relationship is genuine and they have enough evidence to support this, GO for it.

Best of luck
 

scylla

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Jun 8, 2010
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Toronto
Category........
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Pre-Assessed..
App. Filed.......
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AOR Received.
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law student said:
they haven't make a year living together, just a few months.
In that case they're not common law and her sponsoring him is not an option.

Hard to say what the chances are of an H&C application succeeding. Most likely on the low side. However he can certainly give it a try.
 

artin2015

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if he is not convicted with the charge cic never take away and this case have many option .
if u discripe a bit his charge may be help
 

law student

Member
Mar 29, 2016
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the charge is simple assault, he is trying to get a conditional discharge, but we need to be ready for any outcome.
 

scylla

VIP Member
Jun 8, 2010
95,940
22,179
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Who was the assault against?
 

law student

Member
Mar 29, 2016
15
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he was living with the mother of their kids, as roommates, there was no domestic violence charges just simple assault (no injuries).