Hello everybody,
really need some help and advise. It would be greatly appreciated.
My situation:
- Me German citizen
- Son (3 years): German-Canadian citizen
- Ex: Canadian
Our son was born in Germany, when he was 7 months old we all moved to Mtl. We had always been planning on going back to Germany 2 or 3 years later. In the beginning my Ex wanted to sponsor me, but with only one person working ( I had only a tourist visa) it was hard financially and timewise. So it took him a while to fill out all the paperwork. When he was finally done we split up the first time. I extended my tourist visa, later travelled to Germany and came back a few weeks later. We have been working on the relationship. Since our plan was then to move back in Germany in spring 2013 we thought it would be cheaper and less stressfull that I apply for a work and travel visa, wich I did. Long story short: We are separated again, my visa will expire in april 2013. Of course the Ex wont go back to Germany anymore and of course doesnt let his son go.
I am kind of desperate right now. I dont know if I qualify for a normal PR. I am just a secretary, not a skilled worker. So I was looking into my options and thought about the PR on H&C grounds. I think I would get it, because they cant just seperate mum and infant.
But on the cic website i dont find much information on this kind of visa. No link for a form, nothing really helpfull in terms of practicality.
So, here are my questions and I hope that someone is able to respond to them.
- If I understood correctly, while applying for H&C I must somehow prove that I am not eligible for the normal PR. What does this mean? Do I actually need to apply for a normal PR and then sending the refusal to the H&C department? Or do I just have to tell them my story and the H&C department knows that this is the "right" visa for me?
- How long does this process usually take? As I said I can work for another 4 months. I heard from two different people with two different stories, that it took them 3 years each. this is pretty long. How will I be able to finance myself during 3 years?
- One of the persons I know who did the same process told me that she received welfare. But the other one didnt tell me anything about his financial support. No idea how he managed. But on another immigration forum I read that as an applicant for H&C you are not allowed to rely on state support like welfare. You have to prove that you can finance yourself throughout the whole application process. So again, how can i survive financially? This is impossible. I am only 30 years old. I havent made enough savings to finance a life in Canada for several years.
- How much does the application process cost? Including all the papers, everything there is to do.
- Then i read something, that I didnt quite understand, that I either apply for a H&C status from within Canada, or a H&C visa from without Canada? Where is the difference? Is this the same thing as for the sponsorship that this intern or extern does not refer to your actual place of residency but where the embassy that is treating my application is located (meaning inside or outside Canada)?
- Assuming I decide for either one of these application processes, am I still allowed to travel with my child. At least once a year to Germany for vaction, seeing his German side of the family.
- I also read that as a temporary resident (my case now) i dont have the right to apply for H&C. Does that mean that I have to prepare my application and hand it in the day my WT visa expires? This would be pretty much undoable. I dont have any influence on the Canadian Post. And my WT visa requires me to leave exactly the day the visa expires. If I would go and come back a few weeks later, and assuming they would let me in at the boarder, I would be once again considered as a temporary resident, not authorized to apply for H&C in consequence.
This is pretty much confusing. I dont know where to start. In addition I need to get a place on my own now. Find a new job. Dont know if I should go to the court and at least try to get sole physical custody because of my desperate situation.
Any input welcome
Thanks a lot
joolchen1983
really need some help and advise. It would be greatly appreciated.
My situation:
- Me German citizen
- Son (3 years): German-Canadian citizen
- Ex: Canadian
Our son was born in Germany, when he was 7 months old we all moved to Mtl. We had always been planning on going back to Germany 2 or 3 years later. In the beginning my Ex wanted to sponsor me, but with only one person working ( I had only a tourist visa) it was hard financially and timewise. So it took him a while to fill out all the paperwork. When he was finally done we split up the first time. I extended my tourist visa, later travelled to Germany and came back a few weeks later. We have been working on the relationship. Since our plan was then to move back in Germany in spring 2013 we thought it would be cheaper and less stressfull that I apply for a work and travel visa, wich I did. Long story short: We are separated again, my visa will expire in april 2013. Of course the Ex wont go back to Germany anymore and of course doesnt let his son go.
I am kind of desperate right now. I dont know if I qualify for a normal PR. I am just a secretary, not a skilled worker. So I was looking into my options and thought about the PR on H&C grounds. I think I would get it, because they cant just seperate mum and infant.
But on the cic website i dont find much information on this kind of visa. No link for a form, nothing really helpfull in terms of practicality.
So, here are my questions and I hope that someone is able to respond to them.
- If I understood correctly, while applying for H&C I must somehow prove that I am not eligible for the normal PR. What does this mean? Do I actually need to apply for a normal PR and then sending the refusal to the H&C department? Or do I just have to tell them my story and the H&C department knows that this is the "right" visa for me?
- How long does this process usually take? As I said I can work for another 4 months. I heard from two different people with two different stories, that it took them 3 years each. this is pretty long. How will I be able to finance myself during 3 years?
- One of the persons I know who did the same process told me that she received welfare. But the other one didnt tell me anything about his financial support. No idea how he managed. But on another immigration forum I read that as an applicant for H&C you are not allowed to rely on state support like welfare. You have to prove that you can finance yourself throughout the whole application process. So again, how can i survive financially? This is impossible. I am only 30 years old. I havent made enough savings to finance a life in Canada for several years.
- How much does the application process cost? Including all the papers, everything there is to do.
- Then i read something, that I didnt quite understand, that I either apply for a H&C status from within Canada, or a H&C visa from without Canada? Where is the difference? Is this the same thing as for the sponsorship that this intern or extern does not refer to your actual place of residency but where the embassy that is treating my application is located (meaning inside or outside Canada)?
- Assuming I decide for either one of these application processes, am I still allowed to travel with my child. At least once a year to Germany for vaction, seeing his German side of the family.
- I also read that as a temporary resident (my case now) i dont have the right to apply for H&C. Does that mean that I have to prepare my application and hand it in the day my WT visa expires? This would be pretty much undoable. I dont have any influence on the Canadian Post. And my WT visa requires me to leave exactly the day the visa expires. If I would go and come back a few weeks later, and assuming they would let me in at the boarder, I would be once again considered as a temporary resident, not authorized to apply for H&C in consequence.
This is pretty much confusing. I dont know where to start. In addition I need to get a place on my own now. Find a new job. Dont know if I should go to the court and at least try to get sole physical custody because of my desperate situation.
Any input welcome
Thanks a lot
joolchen1983