If you are refugee claimant, you just need to let immigration know that your passport was seized and they will accept the signed copy pls.
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
people without valid passports can still get their PR card according to section 25 of the immigration and refugee protection act
let you immigration why you do not have it and mention section 25
let you immigration why you do not have it and mention section 25
I have a question here. I have a friend that has one child with a guy. She submitted H&C no AIP but she want to get married. Would it affected her negatively as he has a criminal record and would it change her base H&C to H&C under common law? She just applied April
First thing - she has to update her marital status to common law. Does the other person have PR or citizenship already? If no - he may be inadmissible on the grounds of criminality and make her inadmissible as well. Then they will have to seek exemption from this inadmissibility within their HC application:
- 42 (1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if
- (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or
- (b) they are an accompanying family member of an inadmissible person.
Hey @Katayoon he is already a pr for over 15years now. But someone was telling her it would look stronger for her seeing she has a spouse. And yea for sure she would update her application. Let me know your honest thinking for her please. I met her at at shelter and gave her hopes and helped her with her application. But she asked me this and I cannot asked as I do not know
She has to be truthful - if she has a common law spouse (and with a common child they indeed qualify as spouses), she has to update her file to avoid mis-representation. Yes, having family ties will make her file stronger, but she has to be careful here that officers do not think that she uses him to get AIP. There may be questions about why she did not update file before to common law when the child was born, why they do not live together etc. She has to be prepared to explain all this and support with evidence.
If he is PR already, there will also be question why he is not sponsoring her as common law (unless it is inadmissibility issue).
Yes….ok, it’s was abusive for her and she parted and they both went counselling and decided to give it a try again. As they were separated and she did have it in her file that she had a common law before but separated ok thank you.
Why he is not sponsoring her under spousal scheme? Is it criminal inadmissibility? The only reason I am asking is that if there is a way to sponsor and they are not taking it, this may question how genuine the relationship is in the IRCC eyes.
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Yes only because of criminality and they were separated when application put in. He gave her a letter too stating separation and that he wishes someday they can be together but they trying to go through counselling because of past problems
OK in that case she needs to update IRCC that they decided to get back and update her marital status to common law: she needs to write a detailed letter explaining that they decided to reunite, and supply with proofs that they are doing councelling (ideally) and ideally his support letter as well. All can be done via webform. Because he is Pr already, they will not be asking for his background forms. Good luck.
I think it will affect in stage 2, when you update family form and run the background checks. If she adds him they will act his medical, police certificate and financial too.
If he has PR or he is Canadian I think it will be fine
Oh ....lol Katayoon already answered your question
My file before is in Vancouver as primary office but the refusal came from Toronto Office. So IRCC is frustrating at this time.