Urgent! Main applicant died

[Harry2291]

I am in bad and hard situations

My spouse got nominated fromPNP after his 2 year work experience in Canada. We applied for Federal PR last year. I was the secondary applicant in the file . Everything was done in PR file like we got AOR and medical done as well as updated. We were just waiting for the COPR. My husband was passed away in an unfortunate incident in August this year. I have 10 month old baby with me born here in canada.
We need help. Please advise Me and my son will be really grateful if you helping us to get process our Permanent residency application.

please suggest, me about will IRCC officer proceed our file without main applicant or not?
I will be thankful for your valuable time and suggestions which you will give us for helping us( me and my son).

 

[scylla]

I am in bad and hard situations

My spouse got nominated fromPNP after his 2 year work experience in Canada. We applied for Federal PR last year. I was the secondary applicant in the file . Everything was done in PR file like we got AOR and medical done as well as updated. We were just waiting for the COPR. My husband was passed away in an unfortunate incident in August this year. I have 10 month old baby with me born here in canada.
We need help. Please advise Me and my son will be really grateful if you helping us to get process our Permanent residency application.

please suggest, me about will IRCC officer proceed our file without main applicant or not?
I will be thankful for your valuable time and suggestions which you will give us for helping us( me and my son).

I'm very sorry for your situation. IRCC cannot continue your application without the primary applicant.

You have two options that I can see. The first is to qualify and apply for PR on your own through an economic immigration stream like Express Entry. The second is to submit a PR application under H&C and request that PR be granted given the situation with your husband and best interest of a child.

 

[airforce1907]

H&C.

 

[Harry2291]

H&C.

Thank you . Do you have any idea how long it will take time and how I can maintain my status over here if I am going to apply h&C

 

[scylla]

Thank you . Do you have any idea how long it will take time and how I can maintain my status over here if I am going to apply h&C

I would recommend that you join discussions in the Refugee/Asylum section of the forum. There is an active thread there discussing H&C applications.

To answer your question, the H&C application does not give you status in Canada. You have to try to maintain your ststus separately. I don't know what status you have now, however once that status is close to expiring, you'll want to try to extend your status as a visitor in Canada. It can take a couple of years to finalize the application and it's not uncommon to fall out of status while waiting for the outcomes of the application.

 

[Harry2291]

I would recommend that you join discussions in the Refugee/Asylum section of the forum. There is an active thread there discussing H&C applications.

To answer your question, the H&C application does not give you status in Canada. You have to try to maintain your ststus separately. I don't know what status you have now, however once that status is close to expiring, you'll want to try to extend your status as a visitor in Canada. It can take a couple of years to finalize the application and it's not uncommon to fall out of status while waiting for the outcomes of the application.

Thank you . Do you know anything about BOWP

 

[scylla]

Thank you . Do you know anything about BOWP

You don't qualify for a BOWP under H&C.

 

[scylla]

Thank you . Do you know anything about BOWP

Let me just correct that to say you won't qualify for a BOWP until you have first stage approval for the H&C application. This can take well over a year so you need to be prepared for this.

 

[Harry2291]

Let me just correct that to say you won't qualify for a BOWP until you have first stage approval for the H&C application. This can take well over a year so you need to be prepared for this.
[/QUOTE
I would like to check with you . What status I will get during the first year

 

[scylla]

You won't get any status through the H&C application for the first year. It is up to you entirely to try to maintain your status somehow.

 

[Harry2291]

Like ViSitor

 

[scylla]

Like ViSitor

You would need to apply to change your status to visitor or extend your stay as a visitor in Canada. What is your status now? When does your status expire?

 

[Harry2291]

BOWP holder behalf on my spouse. Will expire in 2024

 

[scylla]

BOWP holder behalf on my spouse. Will expire in 2024

In that case you have valid status and can remain in Canada with status until that date in 2024. Once the BOWP is expiring, you'll need to covert your status to either a visitor visa or another work permit if you want to continue to remain in Canada with legal status.

 

[canuck78]

BOWP holder behalf on my spouse. Will expire in 2024

When did you obtain BOWP? Was it before or after the death of your spouse? If it was before the death of your spouse it is fine but if it is after it would be based on the fact that your husband was alive so based on misrepresentation. It is really important that you start working if you aren’t for an H&C application. Proof that you can financially support your family without government help is quite important for H&C applications.