bob31
Newbie
Posts: 4
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« on: April 20, 2011, 12:01:45 am » |
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So my brother got married to a girl here while on a working visa, they have since had 2 children. They are now separated, not even filed for divorce.
He has a work visa but his PR card still hasn't come through yet, it should in the next couple of months. Today she announced that she is withdrawing her sponsorship. He has just invested everything and started his own business. What should he do?
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scylla
VIP Member
Posts: 4150
Ratings: +106
Category........: FAM
Visa Office......: Buffalo
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
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« Reply #1 on: April 20, 2011, 05:52:27 am » |
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His wife is fully within her rights to withdraw her sponsorship (assuming he hasn't landed yet) and the fact he has Canadian children doesn't give him any special rights.
Has he looked into the Canadian Experience Class immigration route? If he has been working here several years as a skilled worker, this is probably the best way to go.
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Material
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« Reply #2 on: April 20, 2011, 07:33:03 am » |
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So my brother got married to a girl here while on a working visa, they have since had 2 children. They are now separated, not even filed for divorce.
He has a work visa but his PR card still hasn't come through yet, it should in the next couple of months. Today she announced that she is withdrawing her sponsorship. He has just invested everything and started his own business. What should he do?
When u say ur brother is waiting for his PR card , did he land or not ....please give more details |
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rjessome
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« Reply #3 on: April 20, 2011, 09:21:21 am » |
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Assuming he hasn't been approved as a PR and "landed" yet, CEC may not work as self-employed experience does not count towards CEC. However, FSW or an H&C application might work. Too many factors unknown. He needs legal advice.
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Leon
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« Reply #4 on: April 20, 2011, 09:33:42 am » |
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If they are separated, she can legally not sponsor him any more. For him to land on a PR visa he got through his wife after they are separated would be misrepresentation and if found out, he could lose his PR again and get deported.
If he has 2 years of skilled work within the past 3 years, he can apply under CEC. Otherwise he could try to find an employer, get a new work permit and get sponsored under PNP.
I am not aware that it is legal for temporary workers in Canada to start their own businesses. He may need to find a Canadian partner to run it for/with him. If his investment is big enough, he could look into the investor program in the province where he lives. They may let him immigrate although he's done it from the wrong end. Normally investors apply for PR first and after they get their PR, they invest.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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bob31
Newbie
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« Reply #5 on: April 20, 2011, 11:13:15 am » |
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They are not 'legally' separated, she just moved out the other day and hasn't seen a lawyer yet. He has been working on his business for a year (he has been here for 3) and before that worked as a painter, inbetween visa's he couldn't work, so the amount of 'skilled worker' experience he has is only about a year. As for the business, it would be extremely sucessful and is a fantastic idea, he has very little cash flow, but he does have a partner.
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bob31
Newbie
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« Reply #6 on: April 20, 2011, 11:15:43 am » |
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Assuming he hasn't been approved as a PR and "landed" yet, CEC may not work as self-employed experience does not count towards CEC. However, FSW or an H&C application might work. Too many factors unknown. He needs legal advice.
Can you tell me what an FSW or H&C application is please? |
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rjessome
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« Reply #7 on: April 20, 2011, 11:17:13 am » |
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Can you tell me what an FSW or H&C application is please?
FSW - Federal Skilled Worker H&C - Humanitarian and Compassionate grounds He really needs legal advice. |
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bob31
Newbie
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« Reply #8 on: April 20, 2011, 11:47:55 am » |
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FSW - Federal Skilled Worker
H&C - Humanitarian and Compassionate grounds
He really needs legal advice.
Thank you for your help, it amazes me that the Cdn government won't allow a father to stay with his children to support them, the mother will end up on welfare that cost the country in the end. |
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rjessome
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« Reply #9 on: April 20, 2011, 01:53:33 pm » |
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Thank you for your help, it amazes me that the Cdn government won't allow a father to stay with his children to support them, the mother will end up on welfare that cost the country in the end.
That's where the H&C application could work by showing benefit to Canada, preventing separation from two Canadian born children, and opening a business in Canada. It's more complicated than that and certainly NOT something that can be undertaken using anonymous advice from an internet forum. |
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