H&C REFUSAL

Canada Immigration Forum (discussion group)


 
       
Subject: H&C REFUSAL
  Hello everyone,
I got married 2005 dec.31,and immigration receive my application in April 16 2006.
I got my refusal letter in april 30 2010,and ask me to leave the country.
The refusal was based on the fact that I do not have legal visa and I used my situation to be pregnant to ´´push´´the decision.I was asking my lawyer to send a letter that I want to start a family and my biological clock is ticking (april 2009)
In the mean time I apply for a work visa that took long time and got refused the same day with my H&C application.My lawyer re-apeal to the Feeral Court and got refused in oct.2010.Nothing else.The lawyer said that I will receive a letter to leave Canada but there is no time frame.
I do not want to return to my Country,(Romania)especial that I have a new born(6 month) and I will like to Apply inlad as a Common-law ,spouse or new H&C.
At this time I do not have any legal rights to stay,my husband he was having A SEX offender charge may 2005,and parole for 18 month.He did not pay his tax from previous years,and last 3 years did not have work(self-employed) so his income was 0.He is not on any support form gov.
his family help us.
can I apply for PR and a visitor visa in the same time?
Or a Entreprenour Class?On the immigration wesite there is info that I do not need any visa to apply to one of the Entreprenour Class.
If I go back home,when he will be able to sponsor me and how long the waiting?I do not want my son to stay away from his father .

I need help ASP.Thank you.

[18-01-2011,15:23]
[**.250.174.160]
Mihaela
(in reply to: H&C REFUSAL)
You are done.

Your husband doesn´t quite qualify to sponsor you and you are not elegible to apply for PR within Canada.

Leave Canada, go back to your home country and go back to the drawing board. What you want to do it is not going to work.


[18-01-2011,15:48]
[***.115.153.178]
DocD
(in reply to: H&C REFUSAL)
I´m with DocD. Your husband doesn´t qualify to sponsor you - so applying inland will just result in another refusal. If you go home and he sponsors you from there, you will also be rejected. His charges are a huge problem.

Don´t bother applying for a visit visa. That will be refused as well given your status in Canada. (A visit visa is only for people who plan to stay in Canada for a short time. You have already demonstrated that you want to stay long term.)

You need to have money to qualify as an Entrepreneur and this process takes years. So it´s not a viable short-term solution either.

[18-01-2011,15:54]
[**.99.141.116]
Anonymous
Anonymous (in reply to: H&C REFUSAL)
I know,THE CHARGES ARE BIG ,he can apply for a pardon .And he will be able to sponsor?
[18-01-2011,16:46]
[**.250.174.160]
Mihaela
(in reply to: H&C REFUSAL)
only if the pardon is granted and that will take a LONG time. your kid will be in college by then.
[18-01-2011,16:50]
[**.180.238.237]
Sharon
(in reply to: H&C REFUSAL)
Read the manuals, with your current situation you can´t apply within Canada.

You will get a removal order, that is imminent. Your husband should apply for a pardon regardless. Most countries will not allow his entry having a criminal conviction in his record.


[18-01-2011,17:01]
[***.115.153.178]
DocD
(in reply to: H&C REFUSAL)
your best chance to be together is for him to go to Romania
[18-01-2011,17:48]
[**.180.238.237]
Sharon
(in reply to: H&C REFUSAL)
I am not sure about him going to Romania any time soon. He is on parole, he can´t get a passport and the EU will not allow him to immigrate having a criminal record.

Her best bet is to go back, see if she qualifies under any of the immigration classifications apply for an ARC and try again. Either way, it is going to take years.

[18-01-2011,18:28]
[***.115.153.178]
DocD
DocD (in reply to: H&C REFUSAL)
Thank you,what is ARC ?
If I will apply as livein-care giver?


[18-01-2011,18:49]
[**.250.174.160]
Mihaela
DocD (in reply to: H&C REFUSAL)
When he will be able to sponsor?(
05-12-2005 he was charged and parole 18 month.no jail)

[18-01-2011,18:51]
[**.250.174.160]
Mihaela
Sharon (in reply to: H&C REFUSAL)
I write here to find ways to stay.

So,please advise only if you know the law.

Thanks for the advise ,but no thanks.

[18-01-2011,19:23]
[**.250.174.160]
Mihaela