HELP Please: PR Application, Separation, Humanitarian and Compassion

[Summer2017]

Hi all,

I am legally married to a Canadian man for 5 years and now separating. I have been in and out Canada during our marriage and never got enough time to settle to apply for PR. So my last entrance to Canada was Oct 2015 using my multiple entry visa (valid till 2020), and I extended it and got a year visa which is gonna be expired April 2nd 2017. My husband refused to file the divorce here and asking me to leave the country. I live in my friend's house now and still thinking whether I should leave like he wanted or trying to get a PR here. Since he doesn't want to help me be my sponsor to get my PR, my friends said I should try applying PR to Humanitarian and Compassion program. I heard that it takes a year to get it, and someone else said it takes less than 5 months now. Please anyone share your experience with PR through HnC or similar situation, I need advice of what to do. Thank you

 

[Rob_TO]

Hi all,

I am legally married to a Canadian man for 5 years and now separating. I have been in and out Canada during our marriage and never got enough time to settle to apply for PR. So my last entrance to Canada was Oct 2015 using my multiple entry visa (valid till 2020), and I extended it and got a year visa which is gonna be expired April 2nd 2017. My husband refused to file the divorce here and asking me to leave the country. I live in my friend's house now and still thinking whether I should leave like he wanted or trying to get a PR here. Since he doesn't want to help me be my sponsor to get my PR, my friends said I should try applying PR to Humanitarian and Compassion program. I heard that it takes a year to get it, and someone else said it takes less than 5 months now. Please anyone share your experience with PR through HnC or similar situation, I need advice of what to do. Thank you

What is your H&C reason?? If it's just you were married to a Canadian and want to stay here, a H&C app will almost surely be rejected.

 

[Summer2017]

He doesn't give anything, not even plane tickets.

 

[canuck_in_uk]

He doesn't give anything, not even plane tickets.

He is not required to give you anything.

 

[Summer2017]

He has been my sponsor while I am here and in the application of my TRV he is the one who said responsible for for my living expenses. I can't work here because I am on TRV, and the reason why I didn't apply for PR because his jobs requires us to move around countries. We never stayed in Canada more than 14 months.

 

[canuck_in_uk]

He has been my sponsor while I am here and in the application of my TRV he is the one who said responsible for for my living expenses. I can't work here because I am on TRV, and the reason why I didn't apply for PR because his jobs requires us to move around countries. We never stayed in Canada more than 14 months.

As you said yourself, you haven't applied for PR, so he is not your sponsor. Stating in the TRV app that he would support you is not legally binding; visitors are expected to have their own source of funds to support themselves.

From what you've said, you really don't have a claim for H&C.

 

[Buletruck]

I'd go talk to a divorce lawyer here in Canada. I doubt, as mentioned above that you will have any advantage for H&C, but you may be able to initiate divorce proceedings here, based on Canadian law, rather than the laws in your home country.

 

[Rob_TO]

He has been my sponsor while I am here and in the application of my TRV he is the one who said responsible for for my living expenses. I can't work here because I am on TRV, and the reason why I didn't apply for PR because his jobs requires us to move around countries. We never stayed in Canada more than 14 months.

He was under no obligation so sponsor you for PR.

Do you face some personal danger or persecution if you were to return to your home country? If not, a H&C app will almost certainly not be approved in your case.