I have met a woman that was brought to Canada as a common-law partner of a Temporary Foreign Worker, (not a resident of Canada yet), they have kids together, and after a year here they split up and her status (visitor record) expired, the kids and the father still legal in the country as he has a valid LMIA, but she couldn't get a LMIA due lack of jobs now in Alberta and she does not speak english, she is in a tough spot about being ordered to leave the country, any one could give any advice will be appreciated, she could not apply for sponsorship for permanent resident because he is a TFW not a resident yet.
Lost sponsorship
- Thread starter law student
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Just to be clear - has she already been ordered to leave the country? If so, when did this happen and exactly what did the letter say? If it was a departure order and she has ignored it, it has or will automatically turn into a deportation order in 30 days (this is something she should try to avoid).
How long has she been out of status in Canada? If it's over 90 days, it's too late for her to make her status legal again from within Canada. Her only realistic option would be to return to her home country and then look to apply for some sort of visa from their once she qualifies (i.e. if she wants to return on a work permit, she would need to obtain a job offer and approved LMIA). She should try to avoid remaining in Canada too long without status since this may jeopardize future returns. If it's been less than 90 days, she should apply to restore her status.
The refugee / asylum class is for individuals who are genuine refugees in Canada - not just those who are looking for an easy way to stay. I would very strongly caution against filing a refugee application if this isn't a true refugee case. If she does this and is refused, it's going to be incredibly difficult to return in the future and may very well create challenges obtaining visas to other countries.
Sometimes an H&C application can succeed if there are enough factors to support a humanitarian case. Based on the information you've provided, it doesn't sound like she has a case for H&C. If she had been in Canada legally for a number of years, perhaps had a child or two born in Canada and had other mitigating factors - there might be a case. I unfortunately don't think there is enough for this to work for her.
How long has she been out of status in Canada? If it's over 90 days, it's too late for her to make her status legal again from within Canada. Her only realistic option would be to return to her home country and then look to apply for some sort of visa from their once she qualifies (i.e. if she wants to return on a work permit, she would need to obtain a job offer and approved LMIA). She should try to avoid remaining in Canada too long without status since this may jeopardize future returns. If it's been less than 90 days, she should apply to restore her status.
The refugee / asylum class is for individuals who are genuine refugees in Canada - not just those who are looking for an easy way to stay. I would very strongly caution against filing a refugee application if this isn't a true refugee case. If she does this and is refused, it's going to be incredibly difficult to return in the future and may very well create challenges obtaining visas to other countries.
Sometimes an H&C application can succeed if there are enough factors to support a humanitarian case. Based on the information you've provided, it doesn't sound like she has a case for H&C. If she had been in Canada legally for a number of years, perhaps had a child or two born in Canada and had other mitigating factors - there might be a case. I unfortunately don't think there is enough for this to work for her.
Her status expired on january 30, she had a visitor record, she had a kid but not a canadian, she can't now apply for an LMIA cause she does not speak english, and she is claiming domestic violence without evidence so far, can she apply for H&C ? she came to Canada on 2014 sponsored by her common-law partner.
It's less than 90 days since her status expired. She needs to apply to restore her status to visitor before the end of April. Assuming this is approved, then at a minimum she would have valid status in Canada for the time being.law student said:Her status expired on january 30, she had a visitor record, she had a kid but not a canadian, she can't now apply for an LMIA cause she does not speak english, and she is claiming domestic violence without evidence so far, can she apply for H&C ? she came to Canada on 2014 sponsored by her common-law partner.
A domestic violence claim won't be of any help for H&C. She needs to specifically prove the following for H&C: "would suffer excessive hardship if you had to return to your home country to apply (we do not consider cost and inconvenience to be excessive hardship)."
Unfortunately nothing you have said so far supports an H&C claim that has any chance of succeeding.
thanks for the info, I hope the best for her, she was told she can't renew her status because she was sponsored by a TFW she had to get her own status, but unfortunately she has no language, or skills, and her ex is refusing to give a support letter to her, she is from mexico which is a designated country and we are trying to fin out a way to avoid for her to return there.
As I mentioned before, she can apply to change her status to visitor. She will have to apply to restore her status with the same application because she is out of status. Whether the application is approved or not is another matter. But she can certainly apply and she can do this independent of her ex.law student said:thanks for the info, I hope the best for her, she was told she can't renew her status because she was sponsored by a TFW she had to get her own status, but unfortunately she has no language, or skills, and her ex is refusing to give a support letter to her, she is from mexico which is a designated country and we are trying to fin out a way to avoid for her to return there.
If she wants to get a work permit again, she will need to qualify on her own (i.e. obtain a full time job offer from an employer who can also obtain an approved LMIA). If she is no longer with her ex, then he shouldn't be providing her with a support letter (doing so would be immigration fraud) So he's actually doing the right thing and following the law by refusing to provide the support letter. She should not be looking for him to support her in this regard (again, that's immigration fraud).
Given she is from Mexico, that alone certainly isn't sufficient to qualify for H&C - and I don't see anything else in her profile that might qualify her for H&C.
If she wants to stay and make a life here - then a work permit is really the only viable option I see. But again, for that she needs a job offer and approved LMIA. Another option would be to apply to immigrate if she qualifies. But with no English language (or presumably French) skills, that sounds like a non-starter.
yes she is in a really hard spot, thank you for the advise we will try to get her a visitor status.
looks we found another inconvenient, her status was a visitor record sponsored by her ex, now she can't apply for a visitor record but just a visitor as a tourist right? this means change of status, which she has to had done at least 90 days before her status expired correct? so she had no 90 days to apply cause that's for renewal with same sponsor (ie husband, employee, or herself), if this is correct could she face automatic refusal? looks we have nothing to work with. and she wants to try her best chance.
You're getting your rules mixed up. It's not 90 days before her status expired. It's 90 days since her status expired. This is what restoration is.law student said:looks we found another inconvenient, her status was a visitor record sponsored by her ex, now she can't apply for a visitor record but just a visitor as a tourist right? this means change of status, which she has to had done at least 90 days before her status expired correct? so she had no 90 days to apply cause that's for renewal with same sponsor (ie husband, employee, or herself), if this is correct could she face automatic refusal? looks we have nothing to work with. and she wants to try her best chance.
She was a visitor previously (before she fell out of status). Provided she applies within 90 days of her visitor status expiring, she qualifies for restoration. She needs to apply to restore her status back to visitor and pay both the restoration fee and the visitor visa extension fee. Again, whether CIC approves her application or not is a separate matter. But provided the information / dates you have given are correct, she's fully entitled to apply for restoration. When she requests an extension of her visit, she will need to provide a rationale for this request and also demonstrate that she has the funds to support herself for a longer visit. If they approve her, the most she'll get is six months. However it's quite possible they may only give her another few weeks or a month. It's really up to them. She can remain in Canada while she waits for the results of the restoration application. If the restoration application is refused, then she will have to leave Canada (it will no longer be possible to restore her status from within the country).
In the long-run, she will not be able to keep extending her visitor status to remain in Canada. Sooner or later (probably sooner) she will be told she has to go home. It's really just buying time - and probably not that much of it. If she wants a future in Canada, the best option would be to return home now (forget about the restoration), secure a job offer in Canada from her home country - and then return on an approved work permit.