TRP Eligibility For Refused WithinCanada SpousalSponsorship

[Jagroop]

My friend came to Canada on a visitor visa in June 2018. While living in Canada, my friend got married to a permanent resident in August 2020 and filed a within Canada spousal sponsorship. Sadly, the application was rejected because my friend stopped living with her husband a few weeks before the landing interview because my friend’s husband would abuse and hit her. After the application was rejected, my friend got a letter from the immigration department telling her to leave Canada. She decided not to board the flight because of the coronavirus pandemic. She notified CBSA and IRCC by email that she will not be boarding the flight to leave Canada. It has been over 4 weeks and she has not received any response from them. Would my friend be eligible for a TRP so that she can stay in Canada?

[Rajpal (Admin)]

Technically speaking, your friend can possibly try to apply for a temporary resident permit but I would suggest that you try filing her application for permanent residency under humanitarian & compassionate considerations. A TRP is generally used to overcome inadmissibility for things such as misrepresentation, medical reasons, criminality. Her H&C application might be approved if you have compelling enough reasons for her to remain in Canada. Please seek the advise of a professional immigration consultant or lawyer for help with H&C submission letters.