Out of Status, married, one child, another on the way...Please I need advice!

[VioletBlue]

Hello everyone! Thank you in advance for reading this post and for any advice you may offer. As for those of you will judge and say "u should go back to your own country" "Why r u out of status?"....don't bother replying!

This has been the BEST and the WORST 7 years in my life....Best because I have the chance to live in this amazing country! I have best friends, family, my husband and baby here! This IS my home.....and its been the Worst because I've been this BURDEN of not having legal status and being so afraid I'll be sent back....and forced to leave everyone and everything behind!

So long story short....Only way I can apply is via H&C grounds Visa....I know its a long shot but that's all I can do...

Is there anyone here who has applied this way and was approved!??!?! Anyone???
I know approval rate is very small....But I've been in Canada for over 7 years.. of me getting PR......Completely established within my community, have many friends who wrote letters in support...severed ties with home country, my parents are not approving my marriage to my husband who is from a different Race and Different religion....My parents are Muslim, and my husband is Catholic and also First Nations...We have daughter and another baby on the way....I do NOT want to go back...All I would face is judgement and disapproval, and major hardship if I had to be separated from my husband and daughter...This Fear of deportation has been paralyzing....and thats why it took me a long time gather courage to send my application in....I know I Have to! All I want is to Live my life Here! I am Not a bad person, criminal....I just made a bad choice and ended up Out of status...:'(


I guess what I am trying to ask is...I All this Enough to apply for H&C visa??

Thank you again for any help or advice you may have

 

[zardoz]

Why don't you call an immigration lawyer? Given the complexity of your situation, that really is your best chance of getting your status sorted out.

 

[VioletBlue]

Well, not being able to work I don't think I can Afford one!

 

[zardoz]

I think that a number of lawyers give a free short first consultation. Might be worth checking this out.

 

[VioletBlue]

Hmmm u r probably right...ty for your advice....

Hopefully there will be someone on here who did it already to give me some guidelines too...I know everyones case is different but u never know

 

[zardoz]

Just out of curiosity, why can't your husband sponsor you for PR? You don't have to be in status to be sponsored by a spouse.

 

[VioletBlue]

He is paying for child support...and is a bit late due to not being able to find a Job here....he has one now and is paying it again....but He cant sponsor me if he Owes anything...Oh how I Wish i could apply in family class!! I would have done it LONG time ago

 

[zardoz]

Understood... I assume that you have been to http://www.cic.gc.ca/english/information/applications/guides/5291ETOC.asp for H&C application information. Given your current situation, you should be able to make a reasonable case.

 

[frege]

Violet Blue,

What province do you live in? There might be free or low-cost legal advice available, depending on your income. Getting a one-hour consultation would definitely be worth it. I really wouldn't recommend trying an H&C application without legal advice, because of the complexity.

It seems to me that what you might want to do is submit a family-class application with H&C considerations, if your husband really is unable to pay the child support.

In that kind of application, you acknowledge that the sponsor is ineligible but ask for an exception to be made on H&C grounds. The sponsorship undertaking may be taken into account even if the sponsor is ineligible.

Edit: The truth is, it might be preferable to continue to fly under the radar until he pays off his child support debts, particularly if you're doing this without legal advice.

 

[VioletBlue]

oooh! I didnt know you could submit Family Class application with H&C considerations!!! I Know H&C is So complicated and approval rate is very low but I thought that was my last option.....I Know that family Class would be the best for us....as we could def proove we are in a genuine relationship/marriage.......Can you tell me how exactly this works??? I apply for family Class but state that husband is paying off child support???

Thank you so much for your time and advice!

VB

 

[VioletBlue]

Violet Blue,

What province do you live in? There might be free or low-cost legal advice available, depending on your income. Getting a one-hour consultation would definitely be worth it. I really wouldn't recommend trying an H&C application without legal advice, because of the complexity.

It seems to me that what you might want to do is submit a family-class application with H&C considerations, if your husband really is unable to pay the child support.

In that kind of application, you acknowledge that the sponsor is ineligible but ask for an exception to be made on H&C grounds. The sponsorship undertaking may be taken into account even if the sponsor is ineligible.

Edit: The truth is, it might be preferable to continue to fly under the radar until he pays off his child support debts, particularly if you're doing this without legal advice.

Oh and he isn't unable to pay it....he is been paying it for years now and even extra to pay off what he owes....We could submit a letter stating this from his case worker. Maybe that would help...

I've been reading posts here and there are people with Criminal records which is suppose to make them Ineligible to sponsor....BUt they submitted a letter explaining why and they have been approved. ...I know every case is different but never know

 

[frege]

oooh! I didnt know you could submit Family Class application with H&C considerations!!! I Know H&C is So complicated and approval rate is very low but I thought that was my last option.....I Know that family Class would be the best for us....as we could def proove we are in a genuine relationship/marriage.......Can you tell me how exactly this works??? I apply for family Class but state that husband is paying off child support???

Thank you so much for your time and advice!

VB

Hi VB,

It would technically be an H&C application, but the sponsorship undertaking would be taken into account.

It might be worthwhile to read manuals OP 4 and IP 5, and to review relevant jurisprudence on Canlii.

8.3. Family class
In some cases, sponsors may not meet eligibility requirements (e.g. because they are in receipt
of social assistance). Applicants in the family class whose sponsor is ineligible may request H&C
consideration to overcome the requirement to have an eligible sponsor. (As per A25(1), only
foreign nationals may request H&C consideration; in other words, the sponsor, who is either a
permanent resident or Canadian citizen, may not request H&C consideration.)

In such cases, the sponsor must indicate in the appropriate box on their sponsorship application
that, if they are found ineligible, they want CPC Mississauga to forward their application to the
visa office for continuation of processing, along with the application for a permanent resident visa
from the foreign national they had applied to sponsor.

The applicant must request an exemption from the requirement to have an eligible sponsor. In the
assessment of such cases, consider factors such as whether, for example, the prospective
permanent resident would be able to help the sponsor become self-supporting.
Similarly, in cases in which a sponsor is eligible but the prospective permanent resident is not, the
latter would have to request H&C consideration in writing.

http://www.cic.gc.ca/english/resources/manuals/

So it looks like proving your own employability to help pay the money might be a significant plus.

One of the reasons that it's so important to have legal help in this situation is that it's up to you to spell out why an exception would be justified. This may involve detailed legal and factual arguments. It's not CIC's job to ask you questions to find out whether you should qualify - it has to come from you, and then they can ask questions to challenge you.

Speaking to a lawyer will also help you determine whether you should apply inland or outland. Outland might have better appeal rights, but also might require you to travel out of the country for an interview.

I think the fact that he's been doing his best to pay it off is a definite advantage. If you can get an affidavit about this from a person like a case worker, that would certainly help.

 

[VioletBlue]

I will for sure contact a lawyer ...even for just a free consultation...I want to do this Right and not miss anything

I also found This article/document which I think pertains to my situations as I meet All the requirements for Family Class....except husband paying child support...

http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob126.asp

Do you mind checking it out?? I'm pretty sure but just want a Second Opinion!

Thank you so MUCH!!

 

[frege]

I will for sure contact a lawyer ...even for just a free consultation...I want to do this Right and not miss anything

I also found This article/document which I think pertains to my situations as I meet All the requirements for Family Class....except husband paying child support...

http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob126.asp

Do you mind checking it out?? I'm pretty sure but just want a Second Opinion!

Thank you so MUCH!!

Yes, that appears to apply to your case, in the sense that you'd be applying under those rules. That doesn't guarantee a positive outcome. It seems to say that processing will not be in the H&C stream if you meet the criteria in 124(a) and (c) of the IRPR.

You should also read manual IP8, particularly section 12 and Appendix H, on the rules that allow you to apply even though you're out of status.

http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

 

[VioletBlue]

yeah it seems as if I apply this way they will review the request for H&C consideration....and if they refuse it they will transfer the application for regular H&C ...so it's worth a try as they might approve it and allow Family class sponsorship....I was gonna initially apply for H&C so this is just a bonus that could give me better chance.

oh and I am reading the doc u sent as I type! Thank u!