Husband withdrawal of sponsorship

[Angelray]

Asking for a friend .Hi everyone my friend has been in Canada for 6 years with my son without status. She got married 1 year ago and after 9 months of marriage her husband withdrew the sponshship. He is not the father of her child both her child and I are without status. She hire a lawyer to apply for HC in August 2019 and currently stress waiting.

Also she thinks that she is under investigation for marriage fraud. Can anyone give any advice. She came on a visiting visa her and her child and over stayed her time and never left. Her child is 6.

 

[scylla]

Asking for a friend .Hi everyone my friend has been in Canada for 6 years with my son without status. She got married 1 year ago and after 9 months of marriage her husband withdrew the sponshship. He is not the father of her child both her child and I are without status. She hire a lawyer to apply for HC in August 2019 and currently stress waiting.

Also she thinks that she is under investigation for marriage fraud. Can anyone give any advice. She came on a visiting visa her and her child and over stayed her time and never left. Her child is 6.

H&C is really her only option for PR. The only advice we can provide here is that she should be working with a good lawyer - which is sounds like she already is. H&C applications take a while to process - she should expect it will be 1 to 1.5 years before she has first stage approval and two years before the application is fully processed.

An H&C application will not prevent her from being removed from Canada. If there is a marriage fraud investigation in progress and IRCC / CBSA decides against her, she could be forced to leave Canada. Hopefully she is working with her lawyer to gather evidence to show the relationship was in fact genuine. I'll be honest and tell you that the fact she overstayed a TRV and was out of status when she married does not work in her favour.

 

[Angelray]

Thanks, that what I have been stating to her. The relationship was not 100 genuine but they were trying to make ot work for the sake of of helping her out. It got to much for the husband and he wanted out.

 

[scylla]

Thanks, that what I have been stating to her. The relationship was not 100 genuine but they were trying to make ot work for the sake of of helping her out. It got to much for the husband and he wanted out.

If the relationship wasn't 100% genuine - then she has an even bigger mess on her hands and I would say the chances of an H&C application being approved are likely nil. She has overstayed her allowed visit to Canada and then engaged in immigration fraud to try to remain in Canada. IMO she would be better off not spending her money on a lawyer and instead using that money to return to her home country and re-establish herself there. She probably doesn't have a future here.

 

[Angelray]

Because a child is involved do you think that might be considerate. He has adjusted to school also he has Autism. He has gotten everyone to write letters of how hard it will be if she return home.

 

[k.h.p.]

H&C will consider the interests of the child.

I'm not sure if anyone here can say anything about her chances. Her best bet is working with her lawyer.

 

[Buletruck]

It’s case by case. As noted, an attempt at immigration fraud (if they find that way) won’t be easy to overcome. Misrepresentation often results in a 5 year ban, during which time you are ineligible to enter Canada for any reason, including H&C.
She would potentially need to qualify for a medical exemption for her son if he is deemed medically inadmissible.....just another hurdle to consider.

 

[scylla]

Because a child is involved do you think that might be considerate. He has adjusted to school also he has Autism. He has gotten everyone to write letters of how hard it will be if she return home.

This could help her case. However the immigration fraud is really really bad. This could sink her case.

 

[Angelray]

Yeah I know. We can only hope for the best because the process of HC only started 2 months ago. Even if her child does not hold any status what is the chance of both be order to leave. The father back in her country do send money to help when ever she needs it.

 

[Buletruck]

The father back in her country do send money to help when ever she needs it.

That might work against her as well. She obviously has support in her home country.

 

[scylla]

Yeah I know. We can only hope for the best because the process of HC only started 2 months ago. Even if her child does not hold any status what is the chance of both be order to leave. The father back in her country do send money to help when ever she needs it.

None of us can give you the chances of success here. However it's far from guaranteed - so she does need to consider what she will do if she is forced to leave.

Note that if her son is using any social services (e.g. school support, etc.) - this can work again her in the H&C application. She wants to be able to show that she is financially self sufficient and is not relying on the Canadian government. If she is relying on any support, this can be a reason for refusal in the H&C application.

 

[Angelray]

Thanks for all your help. I will let her know what she can to continue to help her.

 

[Angelray]

Her son is not using any social services for any support. she was able to register him get into school and him not holding any status was challenging.

 

[canuck78]

I suspect this is your cases since you made a few slip-ups. How has the woman been supporting herself in the past 6 years? How has her child accessed medical care without status all these years? How did the child register in school without paying international fees? Is the child receiving autism therapy? There are usually extremely long waitlists and therapy can be very costly.

 

[Angelray]

This is not my case is a friend. I'm a Canadian citizen. She would pay every time she goes to the doctor also has alot of family member here in canada.. her child has not been receiving therapy or not on any waiting list. Someone who knew someone in the school board help her out with getting her child into school.