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Domestic Assault

Discussion in 'Foreign Workers' started by Harry2k8, Aug 4, 2019.

  1. My husband got peace bond in assault case & now I am alone on visitor visa. I want to work here but my file is not applied by husband and now he is denying to give sponsorship. Is that new policy in domestic violence can help me to get TRP?
     
  2. Yes - you can try applying for a TRP.
     
  3. Is it possible cause my immigration status is not dependent on my husband. I have visitor visa Before marriage
     
  4. You'll need to read through the requirements to see if you qualify. It's hard for any of us to say based on the limited information you have provided. here.

    For example - maybe this applies to you:


    Examples of individuals who may be eligible include foreign nationals who
    • are applicants of the family class or spouse or common-law partner in Canada class (SCLPC class) who have either already left their sponsor, due to abuse, or not yet left their sponsor, due to fear of losing their immigration status
    • cannot be assessed for permanent residence because their sponsor (abusive spouse or common law partner) has withdrawn their family class or SCLPC class sponsorship application
    • have been misled and made to believe by an abusive spouse or common-law partner that their family class or SCLPC class permanent residence application has been submitted and is in process when, in fact, no application has been submitted
    • are temporary residents intending to apply for permanent residence through a genuine relationship that has become abusive, but who may not yet have an application in process
     
  5. Thank you for writing back
    I am legally married but my husband threatening me to kill and I do have threats in India. He filed case in India that I physically attacked her mother two days ago. Even he is not aware about my presence in Canada. Indian Police found it’s fabricated false case. Is it violation of peace bond
     
  6. TRP issuance
    If the victim of family violence has existing immigration status through another program, the officer should not issue a TRP until the current status has lapsed, and restoration of status is not possible.

    If the officer determines that the foreign national is a victim of family violence, the officer may issue a TRP for a minimum of 6 months, based on the following considerations:

    • the foreign national’s ties to Canada
    • child custody or any other family law-related issue
    • a period of reflection for victims of family violence who are out of status to further consider their immigration options
    • the chance for the victim of family violence to escape the influence of their abuser, so they can make an informed decision on a future course of action
    • any other purpose the officer may judge relevant to facilitate the protection of vulnerable foreign nationals who are victims of family violence
    Depending on the circumstances, and at the officer’s discretion, a subsequent TRP may also be justified, with the above factors taken into consideration, in cases where there may be a benefit to the individual remaining in Canada for a longer period.

    Note: Only the initial TRP is fee-exempt.

    I am getting confuse on this point. I am eligible for TRP or not?
     
  7. My husband did assault and abuse. The scratches were minor on my wrist and he got arrested. He got peace bond to get save from criminal convictions. Now he is threatening me and my family in India. I am all alone here and I am filling divorce here. Meanwhile I need work permit to survive financially. Please help me to know about TRP domestic violence. Is it right way to apply for ? Or I need to go through any other path?
     
  8. Looking at the points to consider from IRCC:
    • You don't appear to have any ties to Canada.
    • You haven't mentioned children, so there is likely no custody or other family law related issue.
    • From what you've said, you still have valid status in Canada and are likely able to return to your country quite easily.
    • You stated that your husband isn't even aware that you are in Canada and you are filing for divorce, so you have already escaped his influence.

    Not to diminish your experience or the seriousness of domestic violence but you don't seem to meet any of the major considerations to issue a TRP. That doesn't mean you can't try applying but you really should be exploring all options, which includes returning to your country.
     
  9. You can try applying for the TRP. This is a newer process - so none of us here can tell you if you will be approved or not.

    Otherwise if you want a work permit, you will need to secure a job offer in Canada and your employer will need to obtain an approved LMIA before you'll qualify for a closed work permit.

    If you want further assistance, you would be best off hiring a lawyer. Your situation is complicated.
     
  10. In this situation which lawyer can help me out? I mean family lawyer or civil lawyer?
     
  11. My husband married me and assured me about file is in progress. But it’s not applied yet. It’s a misled too

    Can you help me to understand more cause on that too many things mentioned like mixture of many situations. I do met 65% conditions in TRP but rest of 35% gives confusion. Please guide me what to do? Cause as I am filing divorce here. I need financial support for my own. I am computer engineer and have 5 year experience. When I go for LMIA people ask for money around 30K dollars. I don’t have that much amount to pay. Is there any other way to get work permit or list of companies those who hire computer engineers for work?
     
  12. If you're asking about the TRP and want confirmation that you qualify / help applying - then you would need an immigration lawyer to help you to is familiar with immigration law.
     
  13. You really need to be working with an immigration lawyer if you want help with the TRP or have more questions. We cannot advise you any further than we already have.

    Anyone who is asking you to pay 30K in exchange for a job is trying to scam you.

    Generally speaking, it's next to impossible to secure a job offer since employers are not willing to go through the LMIA process which is required to hire you and allow you to apply for a work permit. The LMIA process is long (typically 4-6 months), expensive for the employer and has no guarantee of approval. It requires the employer to advertise the job for at least a month first to prove no Canadian could be hire for the role. There is no list of companies that hires foreign workers. If you want to try applying for jobs, you would apply through normal job sites such as linkedin and hope you find an employer willing to go through the process.
     

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