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Humanitarian and compensation grounds

Ngarg786

Newbie
Feb 23, 2025
4
0
I live in canada since 2019. Recently got married to my pr spouse in nov 2024. He started doing sexual harassment and domestic violence with me. I was suffering alot and have the proff of bruises. I filed the complaint against him in feb 2025. My in laws are in india they're giving me life treat warnings to take the case back, also she slapped me in canada. My work permit is expiring in nov 2025. My spousal application is already in process since jan 2025. My spouse is giving me warning to take the case back or he gonna call ircc to take the file back. If i apply under h n c how long it will take to approve for stage 1. Can anyone help i am so stressed right now
 

canuck78

VIP Member
Jun 18, 2017
57,678
14,185
I live in canada since 2019. Recently got married to my pr spouse in nov 2024. He started doing sexual harassment and domestic violence with me. I was suffering alot and have the proff of bruises. I filed the complaint against him in feb 2025. My in laws are in india they're giving me life treat warnings to take the case back, also she slapped me in canada. My work permit is expiring in nov 2025. My spousal application is already in process since jan 2025. My spouse is giving me warning to take the case back or he gonna call ircc to take the file back. If i apply under h n c how long it will take to approve for stage 1. Can anyone help i am so stressed right now
If you separate/get divorced which you must given the situation, your spouse is legally required to withdraw the sponsorship. You are hopefully already living apart. H&C is not guaranteed and it could take up to 2+ years to process. You reported the incident so up to the police/crown whether charges are laid. India is a large place so tough to show there is no way you can return to India. You also have a WP and have been in Canada since 2019 so you should be working towards and should have been working towards economic immigration. How did you receive your current WP and what is your immigration history in Canada since 2019?
 
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Ngarg786

Newbie
Feb 23, 2025
4
0
If you separate/get divorced which you must given the situation, your spouse is legally required to withdraw the sponsorship. You are hopefully already living apart. H&C is not guaranteed and it could take up to 2+ years to process. You reported the incident so up to the police/crown whether charges are laid. India is a large place so tough to show there is no way you can return to India. You also have a WP and have been in Canada since 2019 so you should be working towards and should have been working towards economic immigration. How did you receive your current WP and what is your immigration history in Canada since 2019?
I am currently living in bc women shelter. They are giving me help through victim aid to apply for h n c. I came here as student. I have open work permit expiring on nov 2025. My husband family is living right next to our village. I have no idea about his family member any of the family member of him can be trouble for me. My file is already in process with spousal as per research i get to know about if they gonna victim aid can call the ircc they can speed up the processing time
 

canuck78

VIP Member
Jun 18, 2017
57,678
14,185
I am currently living in bc women shelter. They are giving me help through victim aid to apply for h n c. I came here as student. I have open work permit expiring on nov 2025. My husband family is living right next to our village. I have no idea about his family member any of the family member of him can be trouble for me. My file is already in process with spousal as per research i get to know about if they gonna victim aid can call the ircc they can speed up the processing time
They can try but no guarantees. You currently have a WP so you are not needing urgent processing to support yourself, access services, etc. Your application is also more complex because you were in Canada longterm and assume either your WP is expiring from PGWP or it had already expired and you got an SOWP through sponsorship. There could be concerns that you are trying to find a way to secure PR when you have a valid WP so are already in Canada legally and have had one for quite a long time. This isn’t excusing the abuse but whether it will secure PR for you is tough to determine. If this is an arranged marriage where families knew each other for a long period of time the timing seems a bit suspicious given the expiry of your WP if you had no other pathway to PR. Unclear what proof you have of a risk if you return to India in general or your village. The outcome of your criminal case may have an impact but it’s unclear if that has happened yet. Calmer heads may also prevail with a bit of time and withdrawal of sponsorship. What may have been possible in the past may not be as easy as it once was. You already have a WP and have likely been working in Canada for a few years do you not qualify for other PR programs? Even if you apply for H&C you should be trying to secure PR via economic pathways where you have control over the outcome.
 
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Ngarg786

Newbie
Feb 23, 2025
4
0
They can try but no guarantees. You currently have a WP so you are not needing urgent processing to support yourself, access services, etc. Your application is also more complex because you were in Canada longterm and assume either your WP is expiring from PGWP or it had already expired and you got an SOWP through sponsorship. There could be concerns that you are trying to find a way to secure PR when you have a valid WP so are already in Canada legally and have had one for quite a long time. This isn’t excusing the abuse but whether it will secure PR for you is tough to determine. If this is an arranged marriage where families knew each other for a long period of time the timing seems a bit suspicious given the expiry of your WP if you had no other pathway to PR. Unclear what proof you have of a risk if you return to India in general or your village. The outcome of your criminal case may have an impact but it’s unclear if that has happened yet. Calmer heads may also prevail with a bit of time and withdrawal of sponsorship. What may have been possible in the past may not be as easy as it once was. You already have a WP and have likely been working in Canada for a few years do you not qualify for other PR programs? Even if you apply for H&C you should be trying to secure PR via economic pathways where you have control over the outcome.
I planned to go back to india once the work permit expires i never gained any experience for that. My marriage was genuine and i was planning to stay with my spouse. My in laws started controlling and tortured me so at that time i called the police they ran back to india in few days. Now they are the main concern of my life threatening in india. Now I can't even go back bcz rules are not that good in india for women i feel safe in Canadian laws
 

canuck78

VIP Member
Jun 18, 2017
57,678
14,185
I planned to go back to india once the work permit expires i never gained any experience for that. My marriage was genuine and i was planning to stay with my spouse. My in laws started controlling and tortured me so at that time i called the police they ran back to india in few days. Now they are the main concern of my life threatening in india. Now I can't even go back bcz rules are not that good in india for women i feel safe in Canadian laws
If you never gained any work experience why did you remain in Canada after your studies or study in Canada? If you wanted to return to India why did you marry a Canadian? You should have a plan B in case H&C is denied and work towards economic immigration if the goal is to remain in Canada. Are your in-laws Canadian PRs or citizens?
 
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Ngarg786

Newbie
Feb 23, 2025
4
0
If you never gained any work experience why did you remain in Canada after your studies or study in Canada? If you wanted to return to India why did you marry a Canadian? You should have a plan B in case H&C is denied and work towards economic immigration if the goal is to remain in Canada. Are your in-laws Canadian PRs or citizens?
Bcz i applied for pgwp at that time. I am at age of 28 my parents were looking for guy for me in india but they find one in canada with pr status. I was also used to canadian laws i feel like its a good thing to marry my spouse sponsor me for pr by applying the application. The application is in applied status due to my spouse give the appropriate documentation. But my in laws were on visitor visa they are not pr