Helping a friend escape domestic violence

[scylla]

Thank you, I appreciate the information and your time.

IMO her best / most realistic option (based on the info you've provided) is to try to find an employer who will give her a job and who is also willing to obtain an approved LMIA. I think everything else is out of reach for her right now. She will want to make sure the job offer is in an area where she has prior experience. We see work permits refused if the applicant goes for a job without having any related experience (or education) in the field. It should be related to something she has done before.

Good luck.

 

[natashap411]

So my first piece of advice is to stop referring to things as "NOC job experience". Every single job / occupation has a NOC code. She simply has job experience. That's it.

There are no job sites that are specifically dedicated to employers who are willing to go through the LMIA process or who have unnamed LMIA. She needs to apply for jobs through the normal processes and hope she gets lucky. She should be clear that she is not currently authorized to work in Canada and is looking for an employer who will support a job offer + LMIA.

Sometimes there are employers who have already approved / unnamed LMIAs however there's really no central site where you can find them. She just needs to apply for as many jobs as possible and has to hope she gets lucky.

She can try applying online but it may also make sense to walk into fast food restauraunts with signs that they are looking to hire. Sometimes places like Tim Hortons are willing to go through the LMIA process.

Good luck.

She can try but until her divorce is final she will likely have to include her husband as part of the application. She should probably research domestic violence charities that are far from her home state. I know that it is very difficult to enter one. Her child must be close to finishing high school. At that point her child would need to apply for a study permit and pay international fees to attend college or university so unless she can get both of them PR relatively soon her child’s status will become an issue. As you have mentioned there is typically some sort of in person requirement even when attending online school. Without any funds and after spending so much time in Canada her ability to visit Canada will also become more and more difficult. If she is able to find an employer willing to go through the time and expense of applying for an LMIA then she would have to hope that she could get a WP. This could take many months especially if she applies online. Without a car how will she get to these potential jobs if you live in a rural area? Will she be able to find housing in your area? If she lives with you and pays to live with you that will affect any government payments you receive. Although your friend may want to stay in Canada they need to be looking into US options as well since there are no guarantees she will be able to remain in Canada and neither does her child.

Her child is in his first year of High school or last year of Junior High depending on the school, and would like to study in Canada. There is a program not far from us for what he is interested in, however the foreigner tuition will be around $1000 per month.
That is at least 3 and a half years away so it's possible she may be able to afford it if she can start working. And especially if her divorce and custody case will enforce the father finally paying child support.

I don't charge her rent or bills.

She has the use of my car, as I don't drive more than once or twice a month now. She can also carpool if it works out, as my spouse and many locals carpool to the towns that have the jobs.

That is what we are worried about. She needs to return soon as her visitor visa is expiring, but she will be homeless and then probably unable to return to Canada for at least another 6 months.

It will be a major hardship to us both, as she helps me with housework and self care that I can no longer do. I had been very depressed before she came to stay with me. It was very difficult when I became ill. And she will be at risk for losing her child, being homeless and becoming depressed and abused again. I'm very afraid that he could kill her, as he has punched her in the face before and often engages in violent behavior especially while intoxicated.

What we really need is help figuring out how to best get her a visa for a path to permanent residency if at all possible, everything else I can support her with.

 

[scylla]

Her child is in his first year of High school or last year of Junior High depending on the school, and would like to study in Canada. There is a program not far from us for what he is interested in, however the foreigner tuition will be around $1000 per month.
That is at least 3 and a half years away so it's possible she may be able to afford it if she can start working. And especially if her divorce and custody case will enforce the father finally paying child support.

I don't charge her rent or bills.

She has the use of my car, as I don't drive more than once or twice a month now. She can also carpool if it works out, as my spouse and many locals carpool to the towns that have the jobs.

That is what we are worried about. She needs to return soon as her visitor visa is expiring, but she will be homeless and then probably unable to return to Canada for at least another 6 months.

It will be a major hardship to us both, as she helps me with housework and self care that I can no longer do. I had been very depressed before she came to stay with me. It was very difficult when I became ill. And she will be at risk for losing her child, being homeless and becoming depressed and abused again. I'm very afraid that he could kill her, as he has punched her in the face before and often engages in violent behavior especially while intoxicated.

What we really need is help figuring out how to best get her a visa for a path to permanent residency if at all possible, everything else I can support her with.

I'm very sorry for your situation.

Please be extremely careful with the housework and self care support she is providing. This is classified as working illegally even though she is not being paid a salary (you are compensating her by providing her with free housing). She needs to be holding a work permit to legally provide you with this care / support. If she is crossing the border and CBSA finds out about this, it could spell a lot of problems for her.

I don't see an immediate path for her for PR.
- She won't have enough points to be selected through Express Entry.
- For PR through the province, she will need to either already be working in the province under a work permit or likely have an LMIA approved job offer.
- Refugee is definitely out. She doesn't meet the requirements.
- Humanitarian and Compassionate has a very very low chance of succeeding IMO and she would be looking at a 2 year wait to find out without the ability to work or benefit from free health care during that wait.

 

[scylla]

Her child is in his first year of High school or last year of Junior High depending on the school, and would like to study in Canada. There is a program not far from us for what he is interested in, however the foreigner tuition will be around $1000 per month.
That is at least 3 and a half years away so it's possible she may be able to afford it if she can start working. And especially if her divorce and custody case will enforce the father finally paying child support.

I don't charge her rent or bills.

She has the use of my car, as I don't drive more than once or twice a month now. She can also carpool if it works out, as my spouse and many locals carpool to the towns that have the jobs.

That is what we are worried about. She needs to return soon as her visitor visa is expiring, but she will be homeless and then probably unable to return to Canada for at least another 6 months.

It will be a major hardship to us both, as she helps me with housework and self care that I can no longer do. I had been very depressed before she came to stay with me. It was very difficult when I became ill. And she will be at risk for losing her child, being homeless and becoming depressed and abused again. I'm very afraid that he could kill her, as he has punched her in the face before and often engages in violent behavior especially while intoxicated.

What we really need is help figuring out how to best get her a visa for a path to permanent residency if at all possible, everything else I can support her with.

So just to summarize after my last post:

- PR is out of reach right now based on the information you have provided.
- She should focus on securing a job offer from an employer in Canada in an occupation that is related to her past work experience. That employer must also be willing to obtain an approved LMIA. Once she has a job offer + approved LMIA, she can apply for a closed work permit.
- She need to be careful regarding the support is is providing to you. This is illegal work and a violation of her visitor status in Canada.

 

[natashap411]

I'm very sorry for your situation.

Please be extremely careful with the housework and self care support she is providing. This is classified as working illegally even though she is not being paid a salary (you are compensating her by providing her with free housing). She needs to be holding a work permit to legally provide you with this care / support. If she is crossing the border and CBSA finds out about this, it could spell a lot of problems for her.

I don't see an immediate path for her for PR.
- She won't have enough points to be selected through Express Entry.
- For PR through the province, she will need to either already be working in the province under a work permit or likely have an LMIA approved job offer.
- Refugee is definitely out. She doesn't meet the requirements.
- Humanitarian and Compassionate has a very very low chance of succeeding IMO and she would be looking at a 2 year wait to find out without the ability to work or benefit from free health care during that wait.

Thank you. Yes, I am trying to be very careful about her not doing anything considered working while here. She is absolutely not required to do anything at all to help me or work around the house, which I have told her in person and in writing many times.

I'm not compensating her with or charging her for housing. She is my best friend and guest, she can stay here as long as she can and needs to whether she helps me out or not. She just insists on doing things like sometimes cooking for us all when I can't, since she would be cooking for herself and her son anyway, and she enjoys things like cleaning common areas or doing washing I had to give up on in the middle of, even when I tell her please don't feel it's necessary.

She is not displacing anyone from a care job, because I have not ever been able to afford to hire a carer, and since I stopped working I cannot afford a biweekly cleaner either.
I had to move 3 years ago and due to illness I am largely still unpacked so sometimes she just organizes some things without me asking. She keeps saying she just sees it as helping a friend and I'd have done the same for her, which I have, when I was a PR in the USA. We have known each other well for 20 years.

She's already told a short version of this to CBSA upon entry each time.

Here is the program that I think I got conflated with CUSPA that mentioned having to have been working with the employer already, but it is an Atlantic program for permanent residence. Not a work visa program.

https://novascotiaimmigration.com/move-here/skilled-worker/

I was formery an avid researcher, but unfortunately lately I have serious memory issues and only a few hours a day of being able to understand things before exhaustion sets in. Unfortunately by the time I rest and wake up the next day, I no longer retain much from the previous day.

Thank you for your info and your time, it is much appreciated.

 

[scylla]

Thank you. Yes, I am trying to be very careful about her not doing anything considered working while here. She is absolutely not required to do anything at all to help me or work around the house, which I have told her in person and in writing many times.

I'm not compensating her with or charging her for housing. She is my best friend and guest, she can stay here as long as she can and needs to whether she helps me out or not. She just insists on doing things like sometimes cooking for us all when I can't, since she would be cooking for herself and her son anyway, and she enjoys things like cleaning common areas or doing washing I had to give up on in the middle of, even when I tell her please don't feel it's necessary.

She is not displacing anyone from a care job, because I have not ever been able to afford to hire a carer, and since I stopped working I cannot afford a biweekly cleaner either.
I had to move 3 years ago and due to illness I am largely still unpacked so sometimes she just organizes some things without me asking. She keeps saying she just sees it as helping a friend and I'd have done the same for her, which I have, when I was a PR in the USA. We have known each other well for 20 years.

She's already told a short version of this to CBSA upon entry each time.

Here is the program that I think I got conflated with CUSPA that mentioned having to have been working with the employer already, but it is an Atlantic program for permanent residence. Not a work visa program.

https://novascotiaimmigration.com/move-here/skilled-worker/

I was formery an avid researcher, but unfortunately lately I have serious memory issues and only a few hours a day of being able to understand things before exhaustion sets in. Unfortunately by the time I rest and wake up the next day, I no longer retain much from the previous day.

Thank you for your info and your time, it is much appreciated.

She should still be careful at the border. What you have described could be easily interpreted as working by CBSA.

If she wants to try for this immigration program, the next step is to review the guide in detail which is here:

https://novascotiaimmigration.com/wp-content/uploads/AppGuide-NSNP-SW-English.pdf

I don't see a requirement to have worked with the employer for 1 year. I think you are reading too quickly an misinterpreting. Unfortunately there are no shortcuts with these processes (apart from hiring an immigration lawyer to do the work for you) and she will need to dedicate time to reading through the details. There is a requirement for 1 year of work experience related to the job but this is not a requirement to have worked for the employer for a year. Additionally, if the occupation is teer 4 or 5, then you do need to have worked for that employer for six months. I don't see the 1 year requirement. The jobs you have mentioned here are likely teer 4 or 5 so most likely she would first need to get a work permit (through a job offer + approved LMIA) so that she can get the six months of work.

Please suggest she dedicate time to reading through the guide. Unfortunately there really are no shortcuts here. She needs to spend the time if finding a way to stay is a priority.

 

[canuck78]

Thank you. Yes, I am trying to be very careful about her not doing anything considered working while here. She is absolutely not required to do anything at all to help me or work around the house, which I have told her in person and in writing many times.

I'm not compensating her with or charging her for housing. She is my best friend and guest, she can stay here as long as she can and needs to whether she helps me out or not. She just insists on doing things like sometimes cooking for us all when I can't, since she would be cooking for herself and her son anyway, and she enjoys things like cleaning common areas or doing washing I had to give up on in the middle of, even when I tell her please don't feel it's necessary.

She is not displacing anyone from a care job, because I have not ever been able to afford to hire a carer, and since I stopped working I cannot afford a biweekly cleaner either.
I had to move 3 years ago and due to illness I am largely still unpacked so sometimes she just organizes some things without me asking. She keeps saying she just sees it as helping a friend and I'd have done the same for her, which I have, when I was a PR in the USA. We have known each other well for 20 years.

She's already told a short version of this to CBSA upon entry each time.

Here is the program that I think I got conflated with CUSPA that mentioned having to have been working with the employer already, but it is an Atlantic program for permanent residence. Not a work visa program.

https://novascotiaimmigration.com/move-here/skilled-worker/

I was formery an avid researcher, but unfortunately lately I have serious memory issues and only a few hours a day of being able to understand things before exhaustion sets in. Unfortunately by the time I rest and wake up the next day, I no longer retain much from the previous day.

Thank you for your info and your time, it is much appreciated.

It doesn’t matter if she isn’t displacing a care worker or cleaner. If the work can be paid work in Canada it could be considered working illegally. For example it was discovered that a someone visiting Canada helped paint a fence during their visit because they had the time and were trying to be helpful but it became an issue because it was considered working illegally. There also seems to be a confusion about the length of time a US citizen can visit Canada. A US citizen can visit up to 6 months but the length of time someone can visit and whether someone can enter Canada will always be determined at the border. Your friend could also attempt to extend their visitor stay without leaving Canada by applying online for a visitor. Given your friend doesn’t seem to have much money, is unemployed and is homeless there she may eventually face difficulty visiting Canada especially for long periods of time every year. The fact that her child isn’t attending school and it doesn’t sound that your friend has full legal custody if she isn’t divorced yet so not having a letter from the father allowing the child to leave the US to visit Canada for long periods of time could become an issue. Has your friend looked into legal aid in her home state to see if she could get pro bono help to get a divorce, address child custody, protection order, etc.?

Her son could attend high school for free if she gets a WP but should apply for a study permit if that is the case. Attending college or university would require a study permit unless you are a PR or a citizen. He would need to pay first year tuition, show around 20k for living expenses for the first year and show strong ties to the US to get a study permit in that case.

While looking for options to stay in Canada would also look into options in the US like domestic violence shelters, how to get on public housing lists, legal aid, etc

 

[natashap411]

She should still be careful at the border. What you have described could be easily interpreted as working by CBSA.

If she wants to try for this immigration program, the next step is to review the guide in detail which is here:

https://novascotiaimmigration.com/wp-content/uploads/AppGuide-NSNP-SW-English.pdf

I don't see a requirement to have worked with the employer for 1 year. I think you are reading too quickly an misinterpreting. Unfortunately there are no shortcuts with these processes (apart from hiring an immigration lawyer to do the work for you) and she will need to dedicate time to reading through the details. There is a requirement for 1 year of work experience related to the job but this is not a requirement to have worked for the employer for a year. Additionally, if the occupation is teer 4 or 5, then you do need to have worked for that employer for six months. I don't see the 1 year requirement. The jobs you have mentioned here are likely teer 4 or 5 so most likely she would first need to get a work permit (through a job offer + approved LMIA) so that she can get the six months of work.

Please suggest she dedicate time to reading through the guide. Unfortunately there really are no shortcuts here. She needs to spend the time if finding a way to stay is a priority.

Yes, my head is starting to hurt so I need to go through everything again tomorrow. I am reading about too many different programs at a time, trying to decide what is best for us to look further into.
I appreciate you sharing your knowledge. It's confirming what I initially thought, which was that she'd need to find a job offer for a specified NOC job in an atlantic immigration program.

It's been very helpful to rule out other possible avenues. I wish we had money for a lawyer, their expertise is invaluable. But she needs to save for a divorce first. I'd lend it myself if I could. I wanted to also make sure there wasn't a program that could help with legal lees due to the danger she is in, and/or because of her relevant work experience for occupations in demand in NS. Unfortunately it doesn't seem so. I've only found legal help for going to court against an abuser when you are looking to have them charged.

 

[natashap411]

Yes, my head is starting to hurt so I need to go through everything again tomorrow. I am reading about too many different programs at a time, trying to decide what is best for us to look further into.
I appreciate you sharing your knowledge. It's confirming what I initially thought, which was that she'd need to find a job offer for a specified NOC job in an atlantic immigration program.

It's been very helpful to rule out other possible avenues. I wish we had money for a lawyer, their expertise is invaluable. But she needs to save for a divorce first. I'd lend it myself if I could. I wanted to also make sure there wasn't a program that could help with legal lees due to the danger she is in, and/or because of her relevant work experience for occupations in demand in NS. Unfortunately it doesn't seem so. I've only found legal help for going to court against an abuser when you are looking to have them charged.

(Her job experiences are all TEER 3)

 

[scylla]

Yes, my head is starting to hurt so I need to go through everything again tomorrow. I am reading about too many different programs at a time, trying to decide what is best for us to look further into.
I appreciate you sharing your knowledge. It's confirming what I initially thought, which was that she'd need to find a job offer for a specified NOC job in an atlantic immigration program.

It's been very helpful to rule out other possible avenues. I wish we had money for a lawyer, their expertise is invaluable. But she needs to save for a divorce first. I'd lend it myself if I could. I wanted to also make sure there wasn't a program that could help with legal lees due to the danger she is in, and/or because of her relevant work experience for occupations in demand in NS. Unfortunately it doesn't seem so. I've only found legal help for going to court against an abuser when you are looking to have them charged.

There is likely assistance with legal fees available but this would be in the US for her situation there. There won't be any assistance with legal fees available to her in Canada. She would need to pay for legal advice.

 

[natashap411]

She has been trying for over a decade, but always gets eventually turned down because they say with his immigration issues her situation is too complicated

 

[scylla]

She has been trying for over a decade, but always gets eventually turned down because they say with his immigration issues her situation is too complicated

Sorry - my post should have been clearer. My main point was that there is no point in looking for legal assistance in Canada. That won't be available to her.

Good luck.

 

[canuck78]

She has been trying for over a decade, but always gets eventually turned down because they say with his immigration issues her situation is too complicated

As already mentioned she should be looking for legal aid options in the US to pursue her divorce/custody agreement and any protection orders although I don’t believe that a lawyer will be required for the protection order. As a US citizen it is very difficult to qualify for any help or special programs immigrating to Canada.

 

[natashap411]

As already mentioned she should be looking for legal aid options in the US to pursue her divorce/custody agreement and any protection orders although I don’t believe that a lawyer will be required for the protection order. As a US citizen it is very difficult to qualify for any help or special programs immigrating to Canada.

She has already exhausted all various programs to get legal support in the US, she's been trying for a decade. They all eventually won't continue the case, because he is a Dreamer with a complicated record, and access to practically unlimited money.

She is pretty prepared for a divorce and custody case now anyway, and the protection order will come soon if necessary. It's a delicate situation that I won't go into further. She was able to at least get some fairly helpful advice from the various lawyers she talked to, over time.

The main issue now is being able to get a work visa to legally stay with me and make a home here in the future.

The express entry programs for Nova Scotia are the ones that have jobs that are in high demand in her fields. It looks like our best option is to apply to everything in the area and ask if they can provide a LMIA assessment. Irving, Tim Hortons, Michelin, and big cleaning companies etc, might be good candidates, but we won't know until we try. She has a good resume with plenty of relevant experience and letters of recommendation.

There are several express programs for the province right now that allow a person to apply for permanent residency after 1 year working those specific jobs. That's where I was getting the NOC codes confused, because they were for eventual PR, not an initial work visa.
It was just too many different programs in my brain at once

But now we can focus on what is likely the best option and learn it thoroughly.
Thank you for your advice and time, it is appreciated.

 

[canuck78]

She has already exhausted all various programs to get legal support in the US, she's been trying for a decade. They all eventually won't continue the case, because he is a Dreamer with a complicated record, and access to practically unlimited money.

She is pretty prepared for a divorce and custody case now anyway, and the protection order will come soon if necessary. It's a delicate situation that I won't go into further. She was able to at least get some fairly helpful advice from the various lawyers she talked to, over time.

The main issue now is being able to get a work visa to legally stay with me and make a home here in the future.

The express entry programs for Nova Scotia are the ones that have jobs that are in high demand in her fields. It looks like our best option is to apply to everything in the area and ask if they can provide a LMIA assessment. Irving, Tim Hortons, Michelin, and big cleaning companies etc, might be good candidates, but we won't know until we try. She has a good resume with plenty of relevant experience and letters of recommendation.

There are several express programs for the province right now that allow a person to apply for permanent residency after 1 year working those specific jobs. That's where I was getting the NOC codes confused, because they were for eventual PR, not an initial work visa.
It was just too many different programs in my brain at once

But now we can focus on what is likely the best option and learn it thoroughly.
Thank you for your advice and time, it is appreciated.

Wasn’t suggesting she pursue anything related to be husband but try to get on a list to enter a domestic violence shelter in the US that helps families rebuild their lives. Don’t think you realize how difficult finding an employer willing to apply for LMIA and hire her may be and how long it will potentially take. Employers will likely not be considering any hiring until next year and at the point she will be in her 5th month in Canada and her 3rd long stay. She has gotten lucky when entering Canada but one day I fear she will be denied entry if she has no job or home in the US and limited funds.
I understand that you both want her to settle in Canada but she needs to also be working on a plan B if she is not able to.