+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Status change, marriage, and difficult timing

Dec 29, 2010
5
0
Hi,

I am a Canadian (male). My fiance is pregnant and we are getting married soon. This joyful time for us is overshadowed by a seemingly difficult situation, and we require some help. We are in Alberta.

Her current work permit expires Feb/2011. She has submitted an extension application with an approved LMO, so things are in-process, giving her implied status. However, there are great troubles with her job (a sexual harassing employer who has threatened her to be quiet about it). But, if she leaves her job for fear of further abuse, there is no compassionate aid from Canada (apparently - according to a CIC phone agent). With no job, there is no valid work permit, and no permit means 'leave the country' - pregnant and alone. It seems the 'reward' for being a victim of a crime is 'yeah-that-is-real-sad -- now get out of our country'. We are also worried the employer might entice CIC to deny her work permit application, thus she would have to leave immediately after receiving notice she has been denied. We thought of waiting out the application process (i.e. endure possible continued abuse) until approval is received. BUT, that is taking a chance on (A) her immediate safety and the safety of an unborn child and (B) ability to stay in Canada.

After reporting the Catch-22 with her job to a telephone agent with CIC, we were directed to file for a change of status to 'visitor' as the only solution (no matter the circumstance of job loss) in order to stay in Canada. Well, then she loses health care, S.I.N., E.I and Maternity leave benefits because this is what a visitor status entails. Again, is a solution to sexual abuse stripping a human being of a support system, let alone when it involves pregnancy?

And what about another LMO as a solution? Well, who is going to hire a pregnant woman ? And since filed too late, she - again - would have to leave the country because she'd have no valid status. I am seriously disappointed in my own country's treatment of victims of sexual crime, and being pregnant. In fact, I am truly disgusted that seemingly no special circumstance affects the process of who can stay and who must go. 'File for visitor status' they say. Are you kidding me ?

1. Should we go ahead with the status change to visitor, OR have her possibly endure more abuse just so she can stay and receive health care support for our child ? Are these the only options ?

2. When we marry, what health care support do we have ? I will have applied for Sponsorship, but what does Sponsorship cover? Does our marriage install spousal coverage of health care?

3. Can I marry someone who is on visitor status ?

4. If on visitor status, and get married, can she stay in Canada while the Sponsor application is being processed ?

5. Can applying under humanitarian and compassionate grounds be seed as a valid alternative ? If available, how long is the processing time, i.e. would she have to leave the country while this is being processed, enduring childbirth alone ?

I am afraid of losing the woman I love and the child given to us in grace -- all due to apparently contorted and confusing rules that reward employer abuse and not the employee's circumstance. Can anyone help us? Please ?
 

scylla

VIP Member
Jun 8, 2010
95,861
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I can't answer all of these but will help with what I can... I'm sure others will chime in and help as they can as well...

2. No - unfortunately getting married will not give her access to health care coverage. If you sponsor her inland as your spouse, she will have access to health care after first stage processing has been completed (this is 8-9 months after the application is submitted). If you sponsor her outland, she will have access to health care once her application has been finalized and she lands - and completes the health care coverage waiting time if applicable (some provinces have a waiting time and others don't - Ontario, for example, has a three month waiting period after you land).

3. Yes - you can marry someone who's here on visitor status.

4. She can stay as long as she keeps her status legal (e.g. by extending her visitor visa).

5. H&C processing takes a long time. I don't think this is a viable solution.

Good luck...
 
Dec 29, 2010
5
0
Hi Scylla ... thanks very much for your replies. Appreciated. :)

scylla said:
I can't answer all of these but will help with what I can... I'm sure others will chime in and help as they can as well...

2. No - unfortunately getting married will not give her access to health care coverage. If you sponsor her inland as your spouse, she will have access to health care after first stage processing has been completed (this is 8-9 months after the application is submitted). If you sponsor her outland, she will have access to health care once her application has been finalized and she lands - and completes the health care coverage waiting time if applicable (some provinces have a waiting time and others don't - Ontario, for example, has a three month waiting period after you land).
That's sad. The processing time period then completely shadows the time of chidlbirth. It's not that I can't support her as a sponsor, but with no official health coverage the hospital bills will go through the roof. (Want a band-aid ? $500 please; Want to give birth in our hospital? $$$$$$ cha-ching).

3. Yes - you can marry someone who's here on visitor status.
Ok. I'd rather not on such a status, but ....

4. She can stay as long as she keeps her status legal (e.g. by extending her visitor visa).
Ok. What if she could benefit from a vacation ? Can she do this while a Sponsor app is in process ?

5. H&C processing takes a long time. I don't think this is a viable solution.
Ok, but sad. You'd think H&C would take into account that timely resolution is a necessary part of H&C. And the dog chases its own tail ... :(
 

scylla

VIP Member
Jun 8, 2010
95,861
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Search this board for "pregnant/pregnancy" and "midwife". There are some good threads here about people in Canada without health care and how they managed the costs. (Might as well start educating yourself about this now just in case.)

More on your specific questions...

3. To clarify, there's really nothing wrong with marrying someone who's here on visitor status. Many of us have done it (myself included!). It is in no way illegal. So don't hesitate to do it if that's what works out. However she obviously won't be covered by health care while on visitor status which is certainly a negative given your situation.

4. I'm not sure what you mean by "what if she could benefit from a vacation". However to answer the second bit, yes, she can be here as a visitor while her application is being processed. What country is she from? (Sorry if you already mentioned this and I missed it.) It will probably be faster if you submit an outland application (not inland). And yes, you can certainly submit an outland application while she is visiting Canada. (This is what we did for my husband.)

5. H&C wasn't put in place to speed up the processing of application. It's primarily there for people who don't qualify for regular sponsorship (e.g. parents who were denied sponsorship due to health issues, children who weren't medically examined in their parent's original application, etc.). Processing takes a long time because those applying have to prove they should be accepted even though they don't meet immigration/sponsorship criteria. That's why H&C doesn't really fit your case.
 

BCguy

Champion Member
Jul 26, 2008
2,041
43
Vancouver British Columbia
Category........
Job Offer........
Pre-Assessed..
LANDED..........
16-03-1976
The wife of Canadian or a PR in Process DOES NOT HAVE STATUS,As long as She has no removal or departure order,the wife of a Canadian or a PR does not have to status.Failed refugee claimant I assisted married Canadian and got sponsored,She stayed.Illegal person who came to Canada under fake visa married Canadian,He stayed.LMO denied,Work permit expired Guy married PR,He stayed.Names withheld to protect their privacy