Separation during PR - what’s next?

[MJSPARV]

Hi All!
Resurrecting my account to prep for my own citizenship app and to ask a question on behalf of a friend… Sorry if this isnt quite the right sub forum - wasn’t sure where it best fit in.

short story is - a couple came to Canada with him on a student visa, her on the OWP as his dependent. He graduated, converted to some kind of work permit, applied for PR via the AIP. The marriage broke down, she and the two kids left the marital home, and the wife and her daughter from a previous marriage are now off the AIP PR application. (He left their mutual child on.) The husband was/is the PA with the wife and kids as dependents. She’s now not sure what to do next immigration wise. She’s on an OWP still, and has trained for and works as a PSW. Her English is so-so. My gut says stay on the OWP and prep for PR via some route, but I came via family sponsorship and don’t know the ins and outs of the other paths to PR. My husband has been helping her with translation and thinks H&C, but my understanding is that’s only when there’s no other stream you can apply under, right?

Any advice or thoughts on next steps for her would be greatly appreciated!

 

[scylla]

Hi All!
Resurrecting my account to prep for my own citizenship app and to ask a question on behalf of a friend… Sorry if this isnt quite the right sub forum - wasn’t sure where it best fit in.

short story is - a couple came to Canada with him on a student visa, her on the OWP as his dependent. He graduated, converted to some kind of work permit, applied for PR via the AIP. The marriage broke down, she and the two kids left the marital home, and the wife and her daughter from a previous marriage are now off the AIP PR application. (He left their mutual child on.) The husband was/is the PA with the wife and kids as dependents. She’s now not sure what to do next immigration wise. She’s on an OWP still, and has trained for and works as a PSW. Her English is so-so. My gut says stay on the OWP and prep for PR via some route, but I came via family sponsorship and don’t know the ins and outs of the other paths to PR. My husband has been helping her with translation and thinks H&C, but my understanding is that’s only when there’s no other stream you can apply under, right?

Any advice or thoughts on next steps for her would be greatly appreciated!

I would personally try to avoid H&C if you can. The approval rates for this program are not good. It's not really a last resort option necessarily. You have to prove you actually have an H&C case per the IRCC definition. The processing times are also long and it's not uncommon to end up in Canada without status and without the ability to work while waiting.

She should research pathways for caregivers. This would be the best option if she can qualify and meet program requirements. Additionally, I would very strongly recommend that she focus on improving her English skills. This has the potential to be a deal breaker for allowing her to remain in Canada permanently.

 

[MJSPARV]

I would personally try to avoid H&C if you can. The approval rates for this program are not good. It's not really a last resort option necessarily. You have to prove you actually have an H&C case per the IRCC definition. The processing times are also long and it's not uncommon to end up in Canada without status and without the ability to work while waiting.

She should research pathways for caregivers. This would be the best option if she can qualify and meet program requirements. Additionally, I would very strongly recommend that she focus on improving her English skills. This has the potential to be a deal breaker for allowing her to remain in Canada permanently.

Thanks! I appreciate the quick and helpful response.

 

[abida22]

waiting for PR