Any advice greatly appreciated

Old Jan 25th 2017, 9:48 pm
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Default Any advice greatly appreciated

Dear reader this is my first post please be kind 😬

I find myself in that position every parent dreads, my grown daughter has been with her partner who is Canadian in Canada for 4 years, originally there on an extended travel visa, still there on that. they met through travelling, now settled and applying for a spousal partner visa as not married. They have a 1yr old baby. #firstgranchild
Except he's been cheating she's found out and he's kicked her out. So now she's homeless in Canada. They have a baby and he is revoking the spousal application.
She can't work even though she had an excellent career here in uk, she hasn't worked as is there on a traveller visa. He's told her she will never see baby again as baby is Canadian. She doesn't want to come back to UK with out baby.
Can anyone point me in the right direction? She's currently sofa surfing with friends we are regularly sending her money for food in a hope she can get some advice and see baby.
Can he do this? Can we get baby an emergency British passport? But then he won't agree to her bringing baby back to the UK. Any advice suggestions or pointing in the right direction would be greatly received.
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Old Jan 25th 2017, 10:22 pm
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Default Re: Any advice greatly appreciated

Hi, welcome to BE.

I'm really sorry to hear about your daughter's situation, but I think this is beyond the scope of an internet forum and she needs to consult an immigration lawyer asap.

She can't remove the baby from Canada without the father's permission, but she also can't stay there unless she qualifies for a visa in her own right.

Are you absolutely sure she's there legally? It would be incredibly unusual to have been allowed to renew visitor status for so long (must have been at least 7 or so renewals?!?).

I'd suggest she looks at the CIC website to see if she can find a visa she's eligible for as a matter of urgency (she's not by any chance aged 30 or under is she?), and she consults a lawyer asap about taking her baby back to the UK and about her visa options.

Best of luck to her and you all.
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Old Jan 25th 2017, 10:22 pm
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Default Re: Any advice greatly appreciated

One word LAWYER needed for this.
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Old Jan 25th 2017, 10:42 pm
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Default Re: Any advice greatly appreciated

Thanks guys for your quick response, she's definitely there legally , she has to be in order for the application for spousal visa, I'm surprised myself at the ease of renewing the travel visa. She is under 30 we are aware we need a lawyer, but with all things going in armed with knowledge and info helps,
Thank you
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Old Jan 25th 2017, 10:43 pm
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Default Re: Any advice greatly appreciated

Originally Posted by Bluejeans
Thanks guys for your quick response, she's definitely there legally , she has to be in order for the application for spousal visa, I'm surprised myself at the ease of renewing the travel visa. She is under 30 we are aware we need a lawyer, but with all things going in armed with knowledge and info helps,
Thank you
OK, so get her to look at the IEC visa - it's a 2 year open work permit for those aged 30 and under. She'll need to hurry up and apply, as the 2017 program is already open and only 5000 visas are available each year, but it would mean she could stay in Canada and work whilst she figures out whether she tries to stay there permanently or has a legal battle to come back to the UK.

That would be a start at least, but definitely a lawyer is the way to go!

Good luck.
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Old Jan 26th 2017, 12:25 am
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Default Re: Any advice greatly appreciated

Originally Posted by christmasoompa
OK, so get her to look at the IEC visa - it's a 2 year open work permit for those aged 30 and under. She'll need to hurry up and apply, as the 2017 program is already open and only 5000 visas are available each year, but it would mean she could stay in Canada and work whilst she figures out whether she tries to stay there permanently or has a legal battle to come back to the UK.

That would be a start at least, but definitely a lawyer is the way to go!

Good luck.
+++++++++++

Get her to sign up for the IEC pool TODAY International Experience Canada – travel and work in Canada. If she's drawn, she gets a two year open work permit, allowing her to stay in Canada, work, and if she had a good career before, potentially will get her work-based routes to PR so she can stay.

After she's done that, she should probably self-calculate her Express Entry points, especially if she went to uni? As by being under 30, she's already 1/4 of the way towards the points needed to stay.

After those are done, lawyer to investigate the issues around the child because, sorry to agree, those are far too complex for this forum. Whilst the baby is probably also a British citizen by descent, they likely cannot be taken out of Canada without the father's permission, or a court order, even with a British passport.
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Old Jan 26th 2017, 2:18 am
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Default Re: Any advice greatly appreciated

+1 for what the others have said.

She absolutely should get herself in the IEC pool which will hopefully give her a 2-year working visa.

In my opinion she also needs to consult two lawyers, one to navigate the immigration side of things, but more importantly, one who specializes in family law who can help her ensure she gets custody/visitation. She needs to protect herself and her rights as the baby's mother. The longer she waits to get a family lawyer the harder it will be for her.

This is a really crappy situation and I hope she's able to work something out.
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Old Jan 26th 2017, 3:13 am
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Default Re: Any advice greatly appreciated

Originally Posted by SchnookoLoly
+1 for what the others have said.

She absolutely should get herself in the IEC pool which will hopefully give her a 2-year working visa.

In my opinion she also needs to consult two lawyers, one to navigate the immigration side of things, but more importantly, one who specializes in family law who can help her ensure she gets custody/visitation. She needs to protect herself and her rights as the baby's mother. The longer she waits to get a family lawyer the harder it will be for her.

This is a really crappy situation and I hope she's able to work something out.
I was going to say exactly this.
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Old Jan 26th 2017, 5:43 am
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Default Re: Any advice greatly appreciated

What province is she in?
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