Trying to apply for TRV with dual intent on H&C Ground.

[Samsmithcanada]

Hello everyone,

i've been reading several thread lately on this forum about H&C but none of it matches my situation.
My spouse is a PR Holder ( expires in Dec 2019 ) and our first kid a Canadian citizen but our 2 latest kids are not. ( I am not a citizen too, neither a PR Holder, never been to Canada )
Our goal is to settle in Canada before my spouse PR expires.

We did a lot of research about how to get to this goal but our only solution is the H&C application.
This is the reason why;
-My spouse does not meet the 730 days of stay required in Canada in order to sponsor me.
So if my spouse wants to sponsor us 3, she will have to leave the country with our first kid (who is a citizen) and apply for sponsorship then wait until the 730 days are met, then wait for the process. And this option is a big NO NO for us, we don't want to get separate again, as we've been separate for almost 10 years once and we know the pain. Noting that now 3 kids are involved and we don't want them to feel this stress and pain.
-I do not meet the academic requirements to apply for a PR by myself.

Now you may be asking why didn't she get back to Canada years before, here are the reasons why:
She came back to our country in 2014 after more than 10 years of stay in Canada to reunite with me.
She got pregnant in 2014 and got back to Canada to deliver the baby. (She was diagnosed with pulmonary embolism during pregnancy)
The first baby was born in 2014 and got back to my country to reunite with me in 2015.
She got pregnant again in 2016 and this time the baby was born in 2016 in our country as she was again diagnosed with pulmonary embolism and couldn't take the risk of taking the plane.
She got pregnant again and third baby born in 2018 again in our country.

Now we have decided to settle to Canada but she doesn't meet the 730 days of stay.
Our lawyer told us that the only option is to apply for TRV with dual intent on H&C Ground.
Do you guys think this is viable solution for our situation?

Thank you in advance to everyone taking the time to consider this thread.

 

[Buletruck]

I see a Couple of issues.....

• You need to be in Canada to apply for H&C, except in very specific situations. And then you need to apply for an exemption which would probably highlight your wife’s RO.
• Don’t believe there is such a thing as H&C for a TRV. As a foreign national, you either get a TRV or you don’t. There is no appeal.
• Since your spouse doesn’t meet RO, she can’t sponsor until she meets the RO. Applying before she meets RO, will result in a residency review and probably revocation.
• Since she doesn’t meet RO, there is a signicant chance she will be reported for RO at the POE.
• Having a Canadian child doesn’t entitle you to any special privileges. Having lived most of its life out of Canada already, best interests of the child probably wouldn’t tip an application in your favour.
• Just what would be your H&C grounds? I don’t see anything but personal choices.
• Is your lawyer based in Canada? I’d look for a second opinion if he/she is?

 

[Samsmithcanada]

Thank you for your prompt reply.

For H&C Ground would be:
- My spouse was diagnosed with Pulmonary embolism and was unable to travel back to Canada.
- Separation of 2 babies aged 2 months and 2 yo from their mother for at least 2 years.
- Separation of married couple for at least 2 years.

Yes my lawyer is based in Canada. (Vancouver)

 

[Buletruck]

Was the embolism treated? After the birth of the second child? That would only account for 9 months. How does H&C apply to the other days she was out of Canada?

Keep in mind, if your wife is reported on entry and even if she appeals, her days in Canada won’t count towards residency until the Appeal is resolved. And I still don’t believe there is any H&C for a TRV. If you were in Canada, that would be a different matter, but as you are not, I just don’t see how it would work. Loads of cases on the forum of spouses and families being separated during sponsorship and TRVs being refused on the grounds the foreign national family member will overstay. I’d still be looking for a second legal opinion. Your lawyer just doesn’t sound all that savy to me.

A25(1) covers application for percents residence, not TRVs.
https://www.canada.ca/en/immigratio...me-permanent-resident-under-a25-r307-r66.html

https://www.canada.ca/en/immigratio...lity-submit-application-overseas-context.html

 

[scylla]

The chances of a TRV being approved are low but you can certainly try.

Your wife also has a decent chance of being reported at the border when she returns to Canada for failing to meet the residency requirement. Her reasons for having remained outside of Canada are not that strong and it's hard to say if she will be able to keep her PR status.

Let's stay that you and your non-Canadian children are successful in getting a TRV and your wife is able to re-enter Canada without getting reporting for failing to meet RO. Do you have a plan for what you will do during the 2 years while you wait for your wife to qualify to sponsor you for PR? You will not be able to work at all. Only your wife will be legally allowed to work during these two years. You and your non-Canadian children will also not be covered by the Canadian health care system. You'll need to purchase insurance to cover yourself for emergencies and then pay for all non-emergency care out of your pocket. Is the plan to have your wife work to support your entire family? Or do you have significant funds saved up to support your family for a few years without working?

 

[Bryanna]

Thank you for your prompt reply.

For H&C Ground would be:
- My spouse was diagnosed with Pulmonary embolism and was unable to travel back to Canada.
- Separation of 2 babies aged 2 months and 2 yo from their mother for at least 2 years.
- Separation of married couple for at least 2 years.

Yes my lawyer is based in Canada. (Vancouver)

Unfortunately, none of these grounds will work for a H&C consideration. Your spouse could have applied to sponsor you when she married you or later after your first child was born. Also, there's no H&C for a TRV.

Is your wife eligible for immigration through EE if she renounces her PR?

 

[Buletruck]

Is your wife eligible for immigration through EE if she renounces her PR?

If she is eligible, you may find that if she renounces and reapplied under EE, you will likely spend less time and money than you would on an H&C application and all the hoops you would need to jump through for RO. You should do some more research on available options and weigh the benefits before you pull the trigger.

 

[Bryanna]

If she is eligible, you may find that if she renounces and reapplied under EE, you will likely spend less time and money than you would on an H&C application and all the hoops you would need to jump through for RO. You should do some more research on available options and weigh the benefits before you pull the trigger.

Agreed.

Not to forget the stress involved in the entire process, right from whether or not she will be reported for RO.... to the uncertainty and the low rate of approval for an H&C application

 

[Samsmithcanada]

Okay, so i contacted my lawyer and he said that he was actually going to make me apply for a TRV and attach document about my family situation in order to get Humanitarian consideration.
Then if it gets approved, once in Canada, my spouse can sponsor me and it shall take more than 12 months. But i still don't get how my spouse will be able to sponsor me if she doesn't meet RO.
He also said that i will be able to work after approximately 5 months after PR application.

So basically, am applying for TRV ( But explaining why i should be considered as "valid" on humanitarian basis and then once in canada my spouse sponsor me)

Does it make any sense?

 

[Samsmithcanada]

@Bryanna
How do i know if the qualifies for EE?
She's been in Canada for more than 10 years and worked for a few years.
She is a High School Diploma holder.

 

[Samsmithcanada]

The chances of a TRV being approved are low but you can certainly try.

Your wife also has a decent chance of being reported at the border when she returns to Canada for failing to meet the residency requirement. Her reasons for having remained outside of Canada are not that strong and it's hard to say if she will be able to keep her PR status.

Let's stay that you and your non-Canadian children are successful in getting a TRV and your wife is able to re-enter Canada without getting reporting for failing to meet RO. Do you have a plan for what you will do during the 2 years while you wait for your wife to qualify to sponsor you for PR? You will not be able to work at all. Only your wife will be legally allowed to work during these two years. You and your non-Canadian children will also not be covered by the Canadian health care system. You'll need to purchase insurance to cover yourself for emergencies and then pay for all non-emergency care out of your pocket. Is the plan to have your wife work to support your entire family? Or do you have significant funds saved up to support your family for a few years without working?

Let's say my kids and i get the TRV. And my wife is able to re-enter Canada without getting reported.
How do i stay in the country for 2 years? Is that even legal? Cause you are right, i will have to wait for her to qualify to sponsor my PR
Concerning the working part, i will still be working online. The money part is not a problem. Also keep in mind that we are going to live at my Parent in law place. So no rent or food issue.

 

[canuck78]

Okay, so i contacted my lawyer and he said that he was actually going to make me apply for a TRV and attach document about my family situation in order to get Humanitarian consideration.
Then if it gets approved, once in Canada, my spouse can sponsor me and it shall take more than 12 months. But i still don't get how my spouse will be able to sponsor me if she doesn't meet RO.
He also said that i will be able to work after approximately 5 months after PR application.

So basically, am applying for TRV ( But explaining why i should be considered as "valid" on humanitarian basis and then once in canada my spouse sponsor me)

Does it make any sense?

Think you need to get a new lawyer. Seems incredibly unlikely that both you and your 2 children would get a TRV. The only option would be for your wife and Canadian child to return to Canada and hope that she doesn't get reported and wait until she is in compliance. Then she would have to sponsor all of you while also showing that you can support yourselves without government help. There won't be any H&C consideration for your TRV. Doesn't exist. You had the opportunity to come to Canada easily many times but chose not to do so. These were all personal choices. You wold have to apply for spousal sponsorship inland to qualify for a work permit in 5 months. You would have to be able to enter Canada and she would have to be compliant with her RO to sponsor you. She doesn't meet RO and you won't qualify for a TRV. With a high school diploma she is unlikely to requalify for PR.

 

[Samsmithcanada]

Think you need to get a new lawyer. Seems incredibly unlikely that both you and your 2 children would get a TRV. The only option would be for your wife and Canadian child to return to Canada and hope that she doesn't get reported and wait until she is in compliance. Then she would have to sponsor all of you while also showing that you can support yourselves without government help. There won't be any H&C consideration for your TRV. Doesn't exist. You had the opportunity to come to Canada easily many times but chose not to do so. These were all personal choices. You wold have to apply for spousal sponsorship inland to qualify for a work permit in 5 months. You would have to be able to enter Canada and she would have to be compliant with her RO to sponsor you. She doesn't meet RO and you won't qualify for a TRV. With a high school diploma she is unlikely to requalify for PR.

So its basically a lost case since the start. Separating for two years is not an option for us (There is a 2 month old baby and a two year old kid involved) We don't want them to bear with this pain. If it is the only way, we will then give up upon the idea to immigrate to Canada. I will still look for a second opinion from another lawyer.

 

[Buletruck]

Don’t let the lawyer apply with a letter explaining your situation, particularly if it mentions her RO. That will open a whole big can of worms with IRCC. I hope the lawyer you used specializes in real estate, cause they don’t seem to have a very good grasp on immigration.
Applying for a TRV and including information about how you spouse will sponsor you while you remain in Canada is a guaranteed refusal. It’s called a Temporary Resident VISA for a reason.....you are here Temporarily. Your chances would be better (not much better mind you) if you applied with no explanation, other than you plan on a holiday to visit the inlaws.
There is a chance, if you were approved, to extend your stay on a TRV, but the risk is IRCC would refuse an extension and send you home. Keep in mind that you would have no access to health care in Canada for your children or yourself until you obtained a PR 3 years down the road, assuming you could get a TRV and your wife got in unreported. it would be an uphill battle.

 

[canuck_in_uk]

So its basically a lost case since the start. Separating for two years is not an option for us (There is a 2 month old baby and a two year old kid involved) We don't want them to bear with this pain. If it is the only way, we will then give up upon the idea to immigrate to Canada. I will still look for a second opinion from another lawyer.

Like the first lawyer, a second one will likely just tell you want you want to hear. There are no H&C grounds.