Humanitarian and compasionate after being fired.

[law student]

I have a friend, he was here on a work permit and waiting for his permit renewal, and had his AINP nomination aproved, before apply for his PR on CIC he was charged with assault ( waiting for a discharge, to get his record clean) now he got fired which means he loses his nomination, now he wants to apply for H&C, could this work? should he wait until he gets a discharge (if so) or could he apply now? any advice how could he stay in Canada? he has a girlfriend who is willing to sponsor him, could this be an option too? he is been here for 6 years and has 2 kids, has nothing in his home country, he has a life here now.

 

[scylla]

His girlfriend can only sponsor him if they are either married or common law. Common law means they have lived together for at least one year continuously.

 

[law student]

thanks for the feedback, yes they have lived together for a while, could he have a chance with the H&C application? he is a truck driver he speaks english, take care of his kids, pay taxes every year.thanks again.

 

[scylla]

thanks for the feedback, yes they have lived together for a while, could he have a chance with the H&C application? he is a truck driver he speaks english, take care of his kids, pay taxes every year.thanks again.

If they are common law (i.e. have lived together for at least a year) - then they need to go the spousal sponsorship route. An H&C application won't be successful since he can be sponsored through spousal sponsorship.

 

[Ottawa-applicant]

Hi,


Best advice to apply for sponsorship at this time, he has strong chance been approved for PR through spouse. H&C will take forever to get approved and only few sever cases get approved.

Don’t hesitate if the relationship is genuine and they have enough evidence to support this, GO for it.

Best of luck

 

[law student]

they haven't make a year living together, just a few months.

 

[scylla]

they haven't make a year living together, just a few months.

In that case they're not common law and her sponsoring him is not an option.

Hard to say what the chances are of an H&C application succeeding. Most likely on the low side. However he can certainly give it a try.

 

[artin2015]

if he is not convicted with the charge cic never take away and this case have many option .
if u discripe a bit his charge may be help

 

[law student]

the charge is simple assault, he is trying to get a conditional discharge, but we need to be ready for any outcome.

 

[scylla]

Who was the assault against?

 

[law student]

he was living with the mother of their kids, as roommates, there was no domestic violence charges just simple assault (no injuries).