We applied with my husband for spousal sponsorship for me earlier this year and when I was following other people timeline he withdrawn the application last minute before getting PR. My husband was abusing me mentally in a lot of different ways. I already contacted a lawyer to get some info and he said I can apply for TRV and then apply for PR on humanitarian grounds. Does anyone know how big are my chances to receive PR? I am honestly very devastated by everything that has happened to me. I am out of status for almost 6 years and I cannot apply using different programs.
Spousal abuse and PR on humanitarian grounds
- Thread starter Linka93
- Start date
It's really impossible for us to tell you your chances of success (overall approval rates are low) - however I think it's worth applying in your situation since you have no other options. Note that it typically takes around 2 years to get a decision in an H&C application.
Either you misunderstood the lawyer or he gave you bad advice. You cannot apply for a TRV. You don't qualify for a TRV. since you are out of status in Canada.
Agreed, there is no possibility of a TRV.
How long have you been in Canada? Is it just you or do you have children? Other than the application being cancelled, what exceptional circumstance do you have that would apply under H&C? What would you be facing if you had to leave Canada?
How long have you been in Canada? Is it just you or do you have children? Other than the application being cancelled, what exceptional circumstance do you have that would apply under H&C? What would you be facing if you had to leave Canada?
https://www.google.ca/amp/s/www.cicnews.com/2019/07/canada-now-issuing-temporary-resident-permits-to-out-of-status-victims-of-family-violence-0712559.html/amp
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/abuse.html
Based on these two sources I decided to apply. I am clearly eligible for TRV and there is also fee extempt for TRV and OWP in cases of violence and abuse
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/abuse.html
Based on these two sources I decided to apply. I am clearly eligible for TRV and there is also fee extempt for TRV and OWP in cases of violence and abuse
The policy you are referring to allows you to apply for a Temporary Resident Permit which is a TRP.
This is different from a TRV - again, you do not qualify for a TRV.
Thank you for clarifying that for me. I am not familiar with anything immigration related other than spousal sponsorship.
I was more curious for how long I’ll be able to stay in Canada once TRP is issued and if I actually need to have a lawyer to go through it based on my status and circumstances.
I don’t have children and it’s not dangerous for me to return to my country. My husband is a Canadian citizen living in Canada. I am aware that people can get PR on humanitarian grounds due to their economical situation in their country or it’s dangerous for other reason to return. None of those apply to me and I am really just hoping to be able to remain in Canada after how things turned out with my abusive husband.
Exactly WHY are you out of status for 6 years? Did you come to Canada illegally?
Last edited:
Unfortunately, having an abusive husband who is in Canada does not make you eligible to be a refugee in my opinion
Because the reason for the "out of status" may affect the possibility of obtaining a TRP.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/abuse.html implies that you are already "in status".
Last edited:
Hello, you don't have to explain anything here, and since TRPs exist to overcome any inadmissibility that's a matter for whoever has the authority to issue that document.
This policy anticipates the potential need for an issuance of a TRP so it's academic as to whether or not your specific circumstances will meet the decision-maker's threshold to authorize the Permit. If you worked or studied without authorization or simply overstayed your visitor's status, the TRP overcomes any understood inadmissibility.
The TRP doesn't provide status so much as it authorizes a person to be in Canada when status cannot be acquired. These can be cancelled if other unknown inadmissibility issues surface, or if there is some radical change of circumstances or the basis for the decision was based upon misinformation.
H&C is the common name for the application process you're considering - Humanitarian and Compassionate grounds applications. The department publishes its manuals and so you can see what guides decision making here https://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf
It's a focussed auto-biography that does look at hardship and that's sort of explained in the manual but it is a complex melding of policy, common understandings and reason. It isn't just hardship though and you can see within the manual other themes that they look for like commitment to Canada, community support - it's a broad, global look at your life in your bid to remain in Canada.
I would correct any misunderstanding that poor economic issues, generally, is a positive consideration for this level of decision-making. Subsistence is something best done in one's own country. This is just a general observation and not directed towards yourself, but others read this stuff.
Inland sponsorships that breakdown and where abuse existed have always existed and with such volume that it is anticipated by this policy. You shouldn't be faulted for trying to access something that is being actively offered.
Good luck
Your entire situation comes into play when reviewing an H&C app.
Do you have evidence of abuse? Police records, hospital/doctor records, communications with him?
First of all , she’s not guaranteed anything , secondly , think seriously, why would the USA give a GC to someone who has been IN CANADA illegally for years , and in a relationship that has broken down ? They wouldn’t