In a complex situation

[Victorperez]

Hello all, I thank you all in advance for your replies and request forgiveness for my stupidity.
I live in Canada for the past 25 years out of my 42, a naturalized Canadian.
Legally married and have three children age 15, 13 and a 6.
A few years back I went to a Caribbean country and started a business and during this time I had a relationship with a single women who I happened to know there and she moved in with me, we were together for almost more than years and while running the business., I had spent more time out of Canada than been in Canada in this period.
In last year in August the women who I was living with gave birth to my beautiful twin boys meanwhile in April of the same year I had a heartattack and underwent treatment while I was living with her and forced to move back to Canada due to my helth conditions and while I was in Canada my business in the Caribbean got hit with natural disaster and got damaged substantially ,never get to reopen for business and where she still lives with my twin boys.
She has no support from anyone from her family all the siblings are married father is deceased and the mother is living with another person and she is a very ill too.
Since I was not working in Canada for the past 5 years and bow this this heart condition it is not being easy to find a suitable work I can do, doing some seasonal temp. Supporting the family in Canada and sending money to my twin babies and their Mother I am the only source of support to my twin babies and the mother, if something happened to me and my support doesn't go to them I can't imagine what would they will go through, I am worried every day and every movement.
By reading some posts online my twins will fall under Canadian Citizens at birth, which I have not applied for.
Now my question is would thus women can apply for permanent resident to come to Canada under humanitarian and Compassionate ground.
To make little less disaster to my family in Canada she can apply to another province in the case that she would qualify for H&C.
Thanks again.

 

[scylla]

Hello all, I thank you all in advance for your replies and request forgiveness for my stupidity.
I live in Canada for the past 25 years out of my 42, a naturalized Canadian.
Legally married and have three children age 15, 13 and a 6.
A few years back I went to a Caribbean country and started a business and during this time I had a relationship with a single women who I happened to know there and she moved in with me, we were together for almost more than years and while running the business., I had spent more time out of Canada than been in Canada in this period.
In last year in August the women who I was living with gave birth to my beautiful twin boys meanwhile in April of the same year I had a heartattack and underwent treatment while I was living with her and forced to move back to Canada due to my helth conditions and while I was in Canada my business in the Caribbean got hit with natural disaster and got damaged substantially ,never get to reopen for business and where she still lives with my twin boys.
She has no support from anyone from her family all the siblings are married father is deceased and the mother is living with another person and she is a very ill too.
Since I was not working in Canada for the past 5 years and bow this this heart condition it is not being easy to find a suitable work I can do, doing some seasonal temp. Supporting the family in Canada and sending money to my twin babies and their Mother I am the only source of support to my twin babies and the mother, if something happened to me and my support doesn't go to them I can't imagine what would they will go through, I am worried every day and every movement.
By reading some posts online my twins will fall under Canadian Citizens at birth, which I have not applied for.
Now my question is would thus women can apply for permanent resident to come to Canada under humanitarian and Compassionate ground.
To make little less disaster to my family in Canada she can apply to another province in the case that she would qualify for H&C.
Thanks again.

No - she does not qualify for PR under H&C. To apply for PR under H&C, she would need to be physically in Canada. She cannot apply from outside of Canada.

 

[Rob_TO]

As long as you lived with her for 12 consecutive months and have proof of this, you would be common-law with her and could apply for her PR under family class app. You being married on paper to an ex else wouldn't matter (though they may wonder why you haven't started legal divorce process).

The only way to apply H&C app for someone, is if they have a TRV approved and are already in Canada. You can't apply H&C while she is in another country.

Also a H&C would have an incredibly high chance of refusal as she doesn't actually have an immediate H&C reason, you are thinking what may possibly happen in future. Plus lots of your H&C reasons seem to be around financial means for her, which in general is not a valid H&C reason.I would not attempt H&C route.

 

[scylla]

As long as you lived with her for 12 consecutive months and have proof of this, you would be common-law with her and could apply for her PR under family class app. You being married on paper to an ex else wouldn't matter (though they may wonder why you haven't started legal divorce process).

Sounds like she's living with someone else now - so not sure sponsorship will work.

 

[Rob_TO]

Sounds like she's living with someone else now - so not sure sponsorship will work.

I thought that was her mother who was living with someone else.

Regardless, even if they did live together 12 months in the past it sounds like it may be difficult to prove a common-law relationship still exists today. Main reason for wanting to immigrate seems to be financial reasons and a better life, not because he is in a genuine common-law (marriage like) relationship with her.

 

[canuck_in_uk]

As long as you lived with her for 12 consecutive months and have proof of this, you would be common-law with her and could apply for her PR under family class app. You being married on paper to an ex else wouldn't matter (though they may wonder why you haven't started legal divorce process).

The only way to apply H&C app for someone, is if they have a TRV approved and are already in Canada. You can't apply H&C while she is in another country.

Also a H&C would have an incredibly high chance of refusal as she doesn't actually have an immediate H&C reason, you are thinking what may possibly happen in future. Plus lots of your H&C reasons seem to be around financial means for her, which in general is not a valid H&C reason.I would not attempt H&C route.

I gathered from the post that he is still with the wife, hence why he wants the other woman to apply to a different province so it is "less disaster" for his family.

 

[Buletruck]

I came to the same conclusion. OP is still married and in a relationship with his wife. That would make it impossible for him to sponsor her.

 

[Victorperez]

Thanks everyone for your replies, yes I am still married and I live with my wife and kids in Toronto and the other women is not living with anyone else, I still do visit her and the kids in the Caribbean. It is a secret relationship till now. Which is why I want to bring her to another province.

 

[Rob_TO]

Thanks everyone for your replies, yes I am still married and I live with my wife and kids in Toronto and the other women is not living with anyone else, I still do visit her and the kids in the Caribbean. It is a secret relationship till now. Which is why I want to bring her to another province.

Ok so in this case, zero chance. She is not even a member of any family spousal class (spouse, common-law or conjugal) so there is nothing you can do to help her immigrate. She'd need to have education/skilled work experience to qualify under an economic immigration stream on her own.

You can get Canadian citizen certificates for your kids and they can certainly move here, but there is realistically no chance for their mother to also join them.