Hi I need an urgent assistance for someone..... She came to Canada met her then partner and got married...spouse put in application but withdraw it after he was approved shortly after she gave birth to their daughter. Abuse her until she had to seek refuge by someone. She now has a restraining order against him...but she has no status, need to file under H&C, but needs to work to support her baby and herself. (no parents nor siblings to assist) Can she apply for a TRP?
Need Urgent advice for someone
- Thread starter katolli
- Start date
Are you an agent or consultant? You have a lot of friends with speicifc immigration issues. I hope this woman gets professional help.
Others can comment as well but If she has no status in the country then she could apply to extend stay as a visitor but when that runs out she would need to plan to leave Canada. Having a baby in Canada does not give a temporary resident any status and there would be no H&C case for PR so she would have to apply for PR herself. on her own merits
There are lots of ppl in Toronto who have immigration issues but due to culture are scared off coming forward. Most of them stay focused thru their church and beliefs
I did some research last night actually she does have a compelling case to apply under H&C.. there are certain factors immigration considered under A 25... officers making humanitarian and compassionate considerations must substantively consider and weigh all relevant facts and factors before them... (Kanthasamy v Canada, 2015 SCC61, Baker v Canada, 1999 2 S.C.R 817)
Therefore she could.
Guess she will need a very good and expensive lawyer then.
Reading the 2 examples you picked on, the first one was a 17 year old refugee subject to persecution in home country and the second was a single mother with psychiatric issues which contributed to the decision from what I could understand given the lack of medical support available in the mothers home country and how the Canadian born might be affected.
Unless missed it does this person have similar issues other than the abuse in Canada ?
Anyway nobody here is a lawyer so best consult a lawyer
She can certainly submit an H&C case. However she won't be authorized to work until she has first stage approval in the H&C application which is currently taking 1 to 1.5 years.
She can apply for a TRP in the hopes it will be approved for at least six months so that she qualifies for a work permit. The risk with applying for the TRP is that if it's refused, she may be ordered to leave Canada since she is out of status.
A lawyer or a RCIC can work on her case once approached. Besides the baby, yes she also have mental issues. The ex spouse have refused to sign or acknowledged the documents being served thus she’s unable to move away with the baby.
What I do remembered IRCC has implemented a policy for women who are abused..(I’ll look into it)
Thanks I think she can while waiting for both the assault case to work itself through the courts and seeking to get custody for her baby.