I am a visitor..still, have been here two years and my husband told me he is confused about us and doesn't want to sponsor me via PR or move me in with him. I'm extremely devastated and need to know if I can do this alone? I'm living in an abuse shelter for women because my father in law is emotionally abusive. Do you know if there is any compassion act or something I can try? The shelter told me they will pay the fee if I want to try for PR.
Canadian husband doesn't want to sponsor me...
- Thread starter meak
- Start date
M
mikeymyke
Guest
Have you considered just going back to your home country? You came all this way to a foreign land for your husband, but now that he doesn't want to be with you anymore, don't you just want to return home and start over? I'm really sorry about what happened. I don't think H&C will apply to you, it really depends on your personal situation, very few people succeed on H&C. If he doesn't want to sponsor you, there's really nothing you can do to stop him from cancelling your PR application as he is the sponsor, aside from trying to work things out with him.
It sounds like the shelter you're at is supportive -- H&C might be rare, and it probably depends on the specifics of your situation. The women's shelter has probably seen people in your situation before, and it might be that their willingness to sponsor you indicates that you have a chance. It might also be that they don't know much about it, and you should try to get good advice (which you are here). Don't listen to the people who think they know what you should do, and wait for someone with knowledge to answer your question; you might try sending a private message to PMM or scylla, or one of the other people with extensive knowledge and fewer prejudices.
Your husband is under no obligation to sponsor you (rightly or wrongly).
The only option I see is Humanitarian and Compassionate:
http://www.cic.gc.ca/english/information/applications/guides/5291ETOC.asp
H&C is very far from a sure thing and there's absolutely no guarantee you'll end up with PR at the end. Returning to the US may in fact be your best option right now - especially if you have a support system there.
Also, I believe you have already been asked to leave Canada by CIC. I'm not sure how possible H&C will be based on this. At this point you should really consult with a lawyer if you want to try to remain in Canada.
The only option I see is Humanitarian and Compassionate:
http://www.cic.gc.ca/english/information/applications/guides/5291ETOC.asp
H&C is very far from a sure thing and there's absolutely no guarantee you'll end up with PR at the end. Returning to the US may in fact be your best option right now - especially if you have a support system there.
Also, I believe you have already been asked to leave Canada by CIC. I'm not sure how possible H&C will be based on this. At this point you should really consult with a lawyer if you want to try to remain in Canada.
I'm going to change what I said above. I don't think H&C is an option for you after all. One of the requirements is:
are not eligible to apply for permanent residence from within Canada in any of these classes:
- Spouse or Common-Law Partner
You are eligible to be sponsored by your husband. He just doesn't want to. Unfortunately I think this disqualifies CIC as an option.
Again, you should really speak with a lawyer. You may have no choice at this point but to return home.
are not eligible to apply for permanent residence from within Canada in any of these classes:
- Spouse or Common-Law Partner
You are eligible to be sponsored by your husband. He just doesn't want to. Unfortunately I think this disqualifies CIC as an option.
Again, you should really speak with a lawyer. You may have no choice at this point but to return home.
M
mikeymyke
Guest
Wow you guys were right, I've read her previous posts now, and yes meak, unfortunately I think the only way you can come to Canada is by skilled worker class.
Try Immigrant services. Usually, they could help women in such situations. I know exactly the same case and a wife got her PR based on bona fide marriage from her side and "immigration" abuse from her husband. And Immigrant Services helped her with a lawyer pro bono (free of charge) and he got her PR.
Immigration did not ask me to leave...the workers here seem to assume I can do this just by filling out a pr card request but I cant. He has to sponsor me. To those telling me to go to the states- no. I do not want to do that. I would like to get pr and work. My husband loves me but we are rocky atm so he is confused. If someone helped me would that mean he and i would have to be separated if he did not sponsor me?
meak said:
As you've been told several times, speak to a lawyer. You are beyond the help of this forum.
Agreed. The OP has no legal mechanism to claim PR status based on her current immigration status. Only CIC has the ability to confer PR status, via a formal application process, which is currently not in progres. It's not that the husband CAN'T sponsor, it's that he doesn't want to sponsor. Therefore, there is no H&C component to this.canuck_in_uk said:
meak said:
Based on the information you have provided to date, your only option for PR a this time is to be sponsored by your husband.
The shelter workers are wrong in thinking you can just fill out a PR card request. You can't. If you submit a PR card application it's going to be refused.
Not necessary. As I told- got to Immigrant Services and ask for a lawyer. In the case I know about A LAWYER helped that woman whose husband also "changed his mind" and did not want to sponsor her.