Humanitarian Compassionate on baby born in canada

[Ailes]

I am a TFW, single mom, my baby was born here in Canada 5 months ago. My work permit will expire January 2015, just recently my manager told us TFW in our company that they will no longer extend our contract. I been here for 2 years now. My question is, I am eligible for using humanitarian using my baby? I want to stay with my baby since he was born here, what if they send me back home, I dont want to leave my baby here. Please do need your help. I just have 3 months left, and currently. I am in maternity leave and just wait for my work permit to expire this January 2015.

 

[scylla]

You have zero chance of succeeding with an H&C application just by virtue of having a baby in Canada (if it was that easy, everyone would be doing it). And once your H&C application is refused, it will become much more difficult (if not impossible) to obtain a work permit or tourist visa in the future. If you really want to remain in Canada, you will need to focus on finding an employer willing to go through the LMIA process so that you can get a new work permit and/or looking into applying to immigrate as a skilled worker, skilled trades person, or provincial nominee.

If you are sent home you will take your baby with you.

 

[screech339]

You can try be able to use H&C grounds using the baby as an anchor, but it is very very unlikely to succeed. H&C grounds are usually reserved for those who lives are in danger if they returned to their country.

So unless your life is in danger by returning to your country, the success of being able to stay under H&C grounds is not good, even with using Canadian baby as an excuse.

Your Canadian child has no bearing on your immigration status. The Canadian child can sponsor you to Canada under parent/grandparent sponsorship once the child reaches of age to sponsor you.

*edit
As mentioned above, you need to find another employer willing to do an LMIA to hire you. With the mess TWP has been under and revised, it has become too costly for an employer to hire another TRW and depending on the unemployment rate where you live, employers may be banned from hiring TRW if unemployment rate is high.

Screech339

 

[Ailes]

Thank you for the response, i just need answers for this, I am ready to go back home but some friends of told me to ask about this, but I dont know where to find the answers, gladly I find this site., and it answers my question. Thank you for the quick response. I am just afraid that I will leave my baby here if ever I will go back home. Thank you again, now I am surely that I will bring my baby back home.

 

[screech339]

Thank you for the response, i just need answers for this, I am ready to go back home but some friends of told me to ask about this, but I dont know where to find the answers, gladly I find this site., and it answers my question. Thank you for the quick response. I am just afraid that I will leave my baby here if ever I will go back home. Thank you again, now I am surely that I will bring my baby back home.

The only issue is the ability to leave Canada with the child. Do you have full custody of the child and that the father has no custody and has given permission to take the child out of Canada with you.

Canada has rules about traveling along with a child and may not allow you to leave Canada with the child unless you have gotten permission to leave from the child's father.

Screech339

 

[POLICAP]

Hi screech339 ,

Nice to read your response to the above enquiry. What about a situation where by the baby is born to a Canadian Father?

What options are open to the Mother who is under the TFW program?

POLICAP.

 

[scylla]

Hi screech339 ,

Nice to read your response to the above enquiry. What about a situation where by the baby is born to a Canadian Father?

What options are open to the Mother who is under the TFW program?

POLICAP.

The father can sponsor the mother if they are either married or common law.

 

[screech339]

Hi screech339 ,

Nice to read your response to the above enquiry. What about a situation where by the baby is born to a Canadian Father?

What options are open to the Mother who is under the TFW program?

POLICAP.

The only option the OP has is if the Canadian father sponsoring her. If the Canadian father is unwilling to sponsor the OP, she doesn't have any other venues other than finding an employer, if allowed, to spend the time and money to get LMIA to hire her. Besides in order for the Canadian father to sponsor her, he must be currently married or in common law with her first. The OP has mentioned that she is a single mom. So the OP may have to convince the canadian father to marry her so he can sponsor her. Living together for 12 months to get common law status may be harder to achieve.

Screech339

 

[scylla]

Ailes - I assume you're familiar with the Canadian Experience Program? If you have at least one year of full time qualifying work experience then you can apply for PR through this program (join the CEC section of this forum). My guess is that you're aware of this immigration program but unfortunately don't have the right experience to qualify. Is that right?

 

[Ailes]

I am a single mother, the father is a TFW also.and we we're not togethere since the day the child was born

 

[screech339]

I am a single mother, the father is a TFW also.and we were not together since the day the child was born

Sorry to hear that. As mentioned above, have you looked into whether you qualify for PR under CEC rules?

Has you gotten permission from the father to take child out of Canada with you? You would need that from him. Does he have share custody of your child? Does he pay child support? If he has share custody, visitation rights, or pay child support, I may be wrong here, but I think he may the right to deny you permission to leave Canada with the child.

The rules are in place to help prevent or reduce child abductions.

Get yourself well informed of the family rights regarding child's well being and rights. You don't want to get blindsided with unexpected surprises regarding your ability to take your child out of Canada if it came to that. Just because you and the child's father are not PR or Canadian, doesn't mean you can leave with child without the father's permission.

Screech339

 

[Ailes]

I have sole custody of my child since then, i declared in all applications with regards to the benefits of the baby. The only thing is that the father was included in the birth certificate of the baby. But I think immigration will not hold me, leaving Canada with the child. The father is also a TFW. And just like me maybe he will go home also.

 

[Ailes]

We're not married to the father, we're just GF/BF , but when we separated, 3 months after that I am pregnant.. He's with another woman now. And have no plan that we're going back together. He knew about the child. But as I'd said single parent was declared in all applications with regards to the benefits of the child(CRA,service canada).

 

[screech339]

I have sole custody of my child since then, i declared in all applications with regards to the benefits of the baby. The only thing is that the father was included in the birth certificate of the baby. But I think immigration will not hold me, leaving Canada with the child. The father is also a TFW. And just like me maybe he will go home also.

It is hard to say that Canada won't hold you to leave with the child alone. I can't promise you that. Every case I have spoken to whenever a single parent tried to leave Canada with a child have been asked to provide permission from the other parent. I would suspect that you will get questions from airline agents when they see that you, a foreign national, are leaving Canada with a Canadian child alone. They will likely assume that the child's father is Canadian as well, thus will likely ask you for permission forms from the father before you are able to claim ticket for flight.

Airlines would not even allow me to confirm the flights out for my wife and kids in advanced or online. They had to claim their flight tickets at the counter. They had to produce my permission forms first to get their tickets and board the plane.

Screech339

 

[Ailes]

Well, thank you for the infos. i really appreciate it. And I will surely ask about this matter before Im going to book for a ticket going back home.. Thank you..