Perm residence in Canada

[benji]

Hi there folks, Merry Christmas to all
My name is Ben I am 37 a british citizen, currently livig in Canada on visitors extension visa..
I am married to a Canadian citizen for 5 years and we have a 9 year old daughter.
Because my wife cannot sponsor me at the moment i am seeking other avenues.
My work background is quite diverse, my skill set i would say is a NOC C intermediate..
because we have a child would the humantarian and compassionate grounds qualify me PR ? as she is affected every time I return back to england for lengthy periods of time...
I have also looked into Nominee programs but im not sure the route to take to get a better result, currently in Ontario but eager to relocate
If anyone can help that would be greatly appreciated

Ben

 

[scylla]

H&C is unlikely to succeed - approval rates are extremely low and processing times very long. Not a good option at all.

Why can't your wife sponsor you?

Do you have at least one year of full time paid work experience in a NOC A, B or 0 occupation? (Much more difficult with NOC C.)

 

[canuck78]

Unfortunately until your wife gets off welfare you will have difficulty getting PR. With you in Canada for 6 months stretches and your child in school she could start working or you could stay in the UK for a year and work to support her.

 

[benji]

H&C is unlikely to succeed - approval rates are extremely low and processing times very long. Not a good option at all.

Why can't your wife sponsor you?

Do you have at least one year of full time paid work experience in a NOC A, B or 0 occupation? (Much more difficult with NOC C.)

my wife filed for disability but hasn't received any positive conformation as of yet as she cannot work

 

[benji]

Unfortunately until your wife gets off welfare you will have difficulty getting PR. With you in Canada for 6 months stretches and your child in school she could start working or you could stay in the UK for a year and work to support her.

how would that better me by staying in England for a yr supporting my family ?

 

[scylla]

my wife filed for disability but hasn't received any positive conformation as of yet as she cannot work

In that case you need to wait until she is officially on disability and then she can apply to sponsor you for PR. Note that even then, CIC may want additional proof that you will not be a burden on Canada's social assistance systems. Typically you would prove this by showing proof of your work and earning in the UK.

Or, as also suggested above, you can return to the UK and work there, and provide money back to your wife so that she can get off social assistance and sponsor you for PR outland. That would be another option and that's certainly a choice many have made here.

Forget about H&C. It won't be successful.

 

[benji]

In that case you need to wait until she is officially on disability and then she can apply to sponsor you for PR. Note that even then, CIC may want additional proof that you will not be a burden on Canada's social assistance systems. Typically you would prove this by showing proof of your work and earning in the UK.

Or, as also suggested above, you can return to the UK and work there, and provide money back to your wife so that she can get off social assistance and sponsor you for PR outland. That would be another option and that's certainly a choice many have made here.

Forget about H&C. It won't be successful.

thank you for the Info, so say I did the second option, and i did go back to the uk and work and sent money over depeding on what kind of job I would do it still wouldnt cover what she needs to pay every mnth, mortgage, bills etc unless she ca still have some kind of financial aid but not welfare

 

[scylla]

thank you for the Info, so say I did the second option, and i did go back to the uk and work and sent money over depeding on what kind of job I would do it still wouldnt cover what she needs to pay every mnth, mortgage, bills etc unless she ca still have some kind of financial aid but not welfare

The short answer is no. Welfare is her only option at this time for financial assistance from the government. If you working in the UK does not get her off welfare and if she cannot get off welfare herself and start working, then she needs to focus on moving over to the disability version of welfare / social assistance - otherwise she will never be able to sponsor you.

 

[benji]

The short answer is no. Welfare is her only option at this time for financial assistance from the government. If you working in the UK does not get her off welfare and if she cannot get off welfare herself and start working, then she needs to focus on moving over to the disability version of welfare / social assistance - otherwise she will never be able to sponsor you.

i was reading on the canadian website that h&c on the grounds that you have a child that has hardship and how it effects their emotional stability and I also read that the ''government'' doesnt like to see aparted families ie: parents so that being said on their site, why is it so worthless to go the H&C route?

 

[scylla]

i was reading on the canadian website that h&c on the grounds that you have a child that has hardship and how it effects their emotional stability and I also read that the ''government'' doesnt like to see aparted families ie: parents so that being said on their site, why is it so worthless to go the H&C route?

Because approval rates are very low and it's difficult to prove an H&C case. In your situation, CIC will likely question why your wife cannot work. If the reason is disability, then they will question why she is on regular social assistance and not disability social assistance. If she only recently applied to move to the disability version of social assistance - why is that? This will weaken your H&C application since it will demonstrate that she's been on regular social assistance for years without trying to get on the disability version in order to be able to sponsor you via the spousal sponsorship route. These are the sorts of things CIC will consider when reviewing your application and that you'll need to address to show why you qualify for H&C. H&C cases are very difficult to prove and we always recommend engaging a good immigration lawyer - bad news there is that you're probably looking at around $5K in fees for that.

You can certainly try applying for H&C on your own - but be aware of what it means if you do apply. First of all, you will need to be in Canada when you apply and then remain in Canada while the application is being processed (no going back to the UK). Processing times are around 2 years. If the application is refused, it may be more difficult for you to visit Canada in the future since the failed H&C application will be on record and will demonstrate you have an intent to remain in Canada long term.

But again - you can certainly try. Just be aware that there's a very good chance you'll be refused.

 

[rish888]

As others have said, forget about H&C. CIC could always make the argument that you could bring them to the U.K. to preserve your family's unity. Depending on how you acquired British citizenship you child is either British by birth or probably eligible to be registered as a British citizen. Even if your kid is not/cannot become British (unlikely) the EU still has some very permissive family reunification laws that will allow your family to live in the U.K. Also the UK is a safe country with respect for the rule of law, and Canada and the UK are both part of the Commonwealth with a similar culture, language, and way of life. CIC will take all of this into account.

Your best shot is your wife getting on disability after which she can sponsor you.

 

[benji]

thank you for your comments and I will verymuch bare that in mind,
that said about moving to the Uk is there a time frame to stay in the uk with my canadian/ uk family?
Would my wife have to apply for PR to live and stay in the UK?
When I mean time frame to live in the uk, I mean can we live in the uk for a while then come back to canada a bypass PR for me in canada so i can work and live or do i still have to do the necessary paper work ?

 

[canuck78]

thank you for your comments and I will verymuch bare that in mind,
that said about moving to the Uk is there a time frame to stay in the uk with my canadian/ uk family?
Would my wife have to apply for PR to live and stay in the UK?
When I mean time frame to live in the uk, I mean can we live in the uk for a while then come back to canada a bypass PR for me in canada so i can work and live or do i still have to do the necessary paper work ?

There is no getting around the requirements for applying for PR. I would think that the UK may have a similar spouse sponsorship process but you will have to look that up. Given that one of the major issues is your inability to work in Canada living in the UK would solve that problem and your wife doesn't need to worry about the work visa if she is unable to work. Your child can get UK citizenship easily if you haven't applied already.

 

[benji]

hi again, i looked into express entry what is the pass score CRS for possible entry for PR? I took my test
Is this pass able?
Express Entry CRS Calculator: Calculate Your Points for Canadian Immigration Express Entry Pool
I would like to thank you for your interest in Canada and for having completed an Express Entry assessment form with my law firm. Your results will be emailed to you shortly.

You have 182 points*
*Changes to the CRS were implemented as of June 6, 2017. This appears to be your CRS score under the new system.

 

[canuck78]

Usual acceptance is 430 or above although you may be accepted through the province nominee program with a lower score if your skills are in demand. Don't think there is much chance with 182.