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mike1990

Newbie
Jun 24, 2015
4
0
Hello,

My girlfriend moved to Canada from Spain 2.5 years ago at the age of 21 to live with her Canadian Father, as he promised her a better life and guaranteed to settle her papers. He unfortunately was too old fashioned and treated her like a baby since day one, by not letting her out of the home without his company and further stressful set of rules. He even planned arranged marriages with wealthy family friends, and implied she take that option as marrying rich would ease her further life; she opposed and wanted to met her own future partner the natural way. He threatened her, that if she does not live with him for some time and live by his rules he would make sure her papers would not be done. She tried to cope with him but couldn't manage, so she left him to live with her older brother and sister within the nearby neighbourhood. Luckily her siblings were born here, and accepted her into their lives. She has since provided for herself and has entered society as we all expect of her. Her only problem now, is that after entering Canada legally and letting over years pass, she is afraid to apply for her permanent residency as a rejection would break her heart.

We have been dating for almost a year, we haven't tied the knot yet, and it has come to my attention as of last night of her situation. To know the pain and hardships, and treatment her father is giving her breaks my heart, not to mention losing her.

She doesn't have contact with her father, as she is fearful of him and wants to avoid any future contact. She wants to avoid the process of marriage, as she feels that her situation is not fair for someone to bare, and feels guilt of owing someone a favour that saves her life. She doesn't want her problem to be someone else's, her siblings have her support 100% but yet don't know how to resolve or even approach this situation.

What would you experienced members of CANADAVISA recommend?

Any support or guidelines, would make her situation and mine a lot more manageable.

Thank You
 
Well it's a sad story. However most of the details you provided do not help. First in Canada NO ONE can force her to marry someone she doesn't want. So her whole father situation is not a concern and if he harasses her she can get a restraining order


If you would like her to stay here you have the option of marrying her. keep in mind CIC will want to make sure that your marriage is genuine and such.
http://www.cic.gc.ca/english/information/applications/spouse.asp


If she has had post-secondary education and work experience she can try applying through express entry
http://www.cic.gc.ca/english/immigrate/express/express-entry.asp

You might also wanna check applying through one of the provincial nomination programs depending on where you live. I would advise against Refugee path as she is from Spain and wining a case from a European country is very hard

http://www.cic.gc.ca/english/immigrate/provincial/

Good luck
 
Thank you for the response.

She has technically overstayed now 2 years, and we feel as if thats a big mistake on her part.

May she apply of the basis of her father, older brother and sister being Canadian citizens?
 
An over stay will def be a red flag in the application and could result in the application being refused. I don't want to mislead you so I would suggest looking further into how to go about explaining that to CIC.

She can't apply on the basis of her siblings purely. If she would like to take the father route she will have to talk to him as far as I know because he will be the one applying on her behalf
 
She is no longer considered a dependent since she's over age 18, so there is no way for her father nor for any of her family to sponsor her for PR. I have no idea what the father meant by "her papers wouldn't be done" since he has no power to do anything to allow her to stay legally anyways. On the contrary, if her father wanted to cause trouble he could report her to CIC/CBSA as she is here illegally.

The only way you could sponsor her for PR is if you are officially common-law (having lived at same address together for minimum of 1 year) or you get married.

If she is here without status and supporting herself, that would also mean she's working illegally which further complicates everything. If/when CIC/CBSA eventually learns of her being here illegally, she will most likely be deported back to Spain.

If you get married/become common-law, you can still apply for her PR even through she's out of status.