Dear David,

I urgently need your advice concerning my case.

I am an African who has a Master's Degree in International Development. I met my wife, a Canadian citizen, about three years ago in Sweden while I was completing my Master's. We got married in Canada in May 2005. Unfortunately, my wife is ineligible to sponsor me for PR because she once sponsored her former spouse for PR and they later divorced. Based on this, we decided to apply under H & C, which is due in about 5 months time. I have been in Canada for about one year now as TRP, and WITHOUT WORKING, since employers do not want to go thro' the stress of HRSDC confirmation. Both of us (my wife and I) have been living on her salary for one year.

To compound the situation, my wife is expecting a baby and due before my PR. My wife will quit her job for one year maternity afterwards.

Please do enlighten me whether it's possible to apply for an OPEN WORK PERMIT under humanitarian and compassionate grounds, since I have submitted my PR application some months ago, with full police reports, medical reports and all other requirements. What can I do to obtain a work permit under H & C case, and without HRSDC confirmation. I learnt that people who cannot support themselves while in Canada (like asylum seekers, or as our case is turning out) can apply for an OPEN WORK PERMIT.

There are unfortunately no provisions of applying for an open work permit under Humanitarian and Compassionate grounds. Other than via HRSDC Confirmation, you may consider an application under the provisions of Significant Benefit to Canada, but this would realistically be a very risky application.