PLEASE HELP - FROM SPONSOR TO POSSIBLE COMPASSIONATE STAY

[RoseBearing]

Hi guys two years ago I met and fell in love with a Canadian, I've been living in Canada for almost 15 months(legally:the first time I left the country before the six months was up and now I have been here for over six months but we applied last month for an extension of my visa an at the moment I have implied status)...I am a U.K/Irish citizen...the problem is, having intended to and sworn to sponsor me to stay here in Canada with him and having brought my 4 year old son here and enrolled him in nursery(arrived when he was 2) he has now completely cut me from his life and abandoned me here because I am pregnant and I do not want to abort the child, I am paralysed with fear/confusion. I no longer feel I have any ties with my old country and have fully immersed myself here, I've been offered jobs here and my son is integrating and learning the language as am I, I have no longer friends or any close family to return to and my sons father is dead having killed himself when he was around 18 months old, the thought of having to return to my country is filling me with dread, I do not want my children to grow up there, especially knowing that although the father is not talking to me now, he may at some point. My country is afflicted with terrorism and is quite a bleak place to raise a child once you have experienced the multi culturalism and beauty of Quebec...my question is is there any option or point that I could apply to stay here under compassionate grounds? I have some money to support myself and also make some money via an online business I set up in my native country that provides me with a few funds, I am absolutely distraught at the thought of returning home with two children alone...and have nothing to return to...any advice will be much appreciated.

 

[CanadianAlien]

Hi guys two years ago I met and fell in love with a Canadian, I've been living in Canada for almost 15 months(legally:the first time I left the country before the six months was up and now I have been here for over six months but we applied last month for an extension of my visa an at the moment I have implied status)...I am a U.K/Irish citizen...the problem is, having intended to and sworn to sponsor me to stay here in Canada with him and having brought my 4 year old son here and enrolled him in nursery(arrived when he was 2) he has now completely cut me from his life and abandoned me here because I am pregnant and I do not want to abort the child, I am paralysed with fear/confusion. I no longer feel I have any ties with my old country and have fully immersed myself here, I've been offered jobs here and my son is integrating and learning the language as am I, I have no longer friends or any close family to return to and my sons father is dead having killed himself when he was around 18 months old, the thought of having to return to my country is filling me with dread, I do not want my children to grow up there, especially knowing that although the father is not talking to me now, he may at some point. My country is afflicted with terrorism and is quite a bleak place to raise a child once you have experienced the multi culturalism and beauty of Quebec...my question is is there any option or point that I could apply to stay here under compassionate grounds? I have some money to support myself and also make some money via an online business I set up in my native country that provides me with a few funds, I am absolutely distraught at the thought of returning home with two children alone...and have nothing to return to...any advice will be much appreciated.

Hi Rose,

I'm just a PR applicant as well, from the UK, I'm going to ask you some questions that will help others provide answers (I hope) and bump your question back to the top.

Firstly do you have a PR spousal application in the system right now?

Secondly, you say you have a visa at present..is this just a Visitor Record or more?

Unfortunately If the answer to one is no, and the second yes it might be difficult...I'm NO expert..not by any stretch, not even remotely..however if my spouse (I'm married) was to withdraw her sponsor support candidly I would be on a plane home as she is the ONLY reason I've put up with all this (I'm inland app, sat here for months not working). For you're application to be judged on compassionate grounds...I have no clue.

this is really a case for an immigration expert or lawyer..and in your case that's who i would be talking with.

 

[scylla]

Hi guys two years ago I met and fell in love with a Canadian, I've been living in Canada for almost 15 months(legally:the first time I left the country before the six months was up and now I have been here for over six months but we applied last month for an extension of my visa an at the moment I have implied status)...I am a U.K/Irish citizen...the problem is, having intended to and sworn to sponsor me to stay here in Canada with him and having brought my 4 year old son here and enrolled him in nursery(arrived when he was 2) he has now completely cut me from his life and abandoned me here because I am pregnant and I do not want to abort the child, I am paralysed with fear/confusion. I no longer feel I have any ties with my old country and have fully immersed myself here, I've been offered jobs here and my son is integrating and learning the language as am I, I have no longer friends or any close family to return to and my sons father is dead having killed himself when he was around 18 months old, the thought of having to return to my country is filling me with dread, I do not want my children to grow up there, especially knowing that although the father is not talking to me now, he may at some point. My country is afflicted with terrorism and is quite a bleak place to raise a child once you have experienced the multi culturalism and beauty of Quebec...my question is is there any option or point that I could apply to stay here under compassionate grounds? I have some money to support myself and also make some money via an online business I set up in my native country that provides me with a few funds, I am absolutely distraught at the thought of returning home with two children alone...and have nothing to return to...any advice will be much appreciated.

I think it's extremely unlikely an H&C application will succeed given you can easily return to the UK. If you want to remain in Canada, you should be looking at options for immigrating as an economic immigrant (e.g. Quebec Skilled Worker class).

 

[RoseBearing]

I have just consulted a lawyer and waiting for them to get back to me, I am absolutely nauseously devastated, I gave up my business home and family to be here with this person and this is the last thing I ever expected.

To answer the questions no I do not have a spousal application in process, we were due to submit it at any day until this happened. I am here as a visitor from the U.K and didn't require a visa, I have permission to remain for six months initially which I have done and I just last month submitted an application with my fiancee requesting that I remain here with him for the summer as we wanted to get married and spend time together before we started our spousal application as we had talked about applying outbound(I would return to N.Ireland and come back again here but obviously do everything by the book)

 

[RoseBearing]

I understand I can 'easily' return to the U.K but return to what?

 

[jomz]

I understand I can 'easily' return to the U.K but return to what?

I honestly don't think you can be approved under HC. If you were here on a work permit and worked for those 2 years, made a career etc, yes I can see some chance. But being here on a visitor visa for that long will not work in your favour. Also you have no family here, and your only ties are to your home country. Now another huge issue you have is the fact that you are here on a visitor visa and likely not covered for medical. If you do remain in canada on visitor visa with no medical all cost associated with your pregnancy including hospital birth will cost you anywhere between $5000-$10000 if there are no complications. With premature birth the cost can go up to $100,000 and up due to NICU time.

If you really want to live in Canada try to find an employer here willing to hire you and get an LMIA (mind you it will be extremely difficult and very unlikely any employer would actually go to that trouble if you are pregnant) and if you can't get a work permit via LMIA route you should really go back to your home country. Take some time, regroup, make a plan and start applying for IEC or express entry to come back.

 

[RoseBearing]

I'm currently researching applying as a self employed worker.

 

[scylla]

I'm currently researching applying as a self employed worker.

Make sure you read through the criteria carefully. Only very specific occupations qualify. Also note that processing for this program typically takes many years. So this is not a good choice for you if you want to avoid leaving. It's a fine longer term choice (provided you meet the occupation requirements) - but you then need another plan to keep you here in the short term (i.e. over the next few years). For example, if you can secure a full time job offer from an employer and that employer can obtain an approved LMIA - then you can apply for a closed work permit tied to that specific employer.

 

[scylla]

I understand I can 'easily' return to the U.K but return to what?

Unfortunately this isn't enough to succeed under H&C. If it was, anyone who has been here on a work permit for a couple of years would simply say it's too hard to go back and get PR through H&C. It doesn't help that you are from a first world country (much much more difficult to claim any hardships). I would be wary of a lawyer to tells you to go this route. Securing a temporary work permit (through a job offer + approved LMIA) and/or applying for PR through an economic stream is far more likely to be successful. Good luck.