H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
Yeah that is why i applied for h&c to get excemption from inadmissiblity did they gonna decide at appearance to give excemption or not
No…exception is given when they give AIP. They will let you know if they give you the exception.
I want to seek some advice herr. Long story short, my husband dropped out of university and applied fake work permit to stay with me... I did not disclose him (were in common-law but not married) when I applied for my PR so I cannot sponsor him now... I wonder if it is worth trying H&C since we just married for 1 year and have no kid. Shoud I wait till we have kids? will the chance be bigger after 5 years ban?
He does not need to wait out his 5-year mis-representation ban for fake work permit - he will ask for exemption from it in his HC application. However Chances will be higher with children.
A more serious point is that when he applies for HC and if his evidence points to your common law relationship at the time when you had applied for your PR, you risk a mis-representation and PR loss. Something similar happenned to my partner - he did not disclose all his family members when he got PR and got it revoked in 2015 for mis-representation. It took him numerous appeals and 3 H&C applications to finally get back his PR in 2021.
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Thank you.
OK, guess now is now a good time then.
if he does not apply for H&C and leave Canada, I wonder if IRCC is going to find out my Misrep if I apply for citizenship after 2 years... Or I should disclose myself about my misrep voluntarily...
I'm hoping my ties will be stronger if i become citizen so we can try H&C in a few years...
It depends on which officer you will fall. Even with voluntary disclosure, you can still get a misrepresentation. At this point, I would just sit still and make sure that whatever evidence your husband sends to IRCC is consistent with your previous application: if he shows you were common law before your applied while you had declared yourself as single, this can cause a serious problem.
Thanks for your kind help...
For your partner's case, he did end up getting his status back so it seems like a positive signal for me.
I wonder how much it costs him and whether he was able to work in Canada during the time...
will I be able to sponsor my husband if I resolve my misrep like your partner?
It was a very long process. We lost 50,000$ in lawyer's fees and he almost got deported. His 3rd HC that we did ourselves got approved at the last minute.
He was able to work until his PRRA got declined.
Mis-representation cannot be resolved - you can only ask for exemption from mis-representation when you apply for H&C after your PR has been revoked. Not the route that I would recommend.
You have two options: 1. your husband applies for HC now based on your marriage 2. You wait for his mis-representation ban to finish and sponsor him as your husband.
Be prepared to risk your PR if your common-law relationship surfaces somehow and work on your arguments if this happens.
Hello All
My Sponsorship application denied for inadmissibility for a conviction that occurred over 20 years ago.
Can I applied under H&C application for an exception?
Any insight please share thank you
My Sponsorship application denied for inadmissibility for a conviction that occurred over 20 years ago.
Can I applied under H&C application for an exception?
Any insight please share thank you
Should not take long, but due to vacation times maybe there is shortage of senior officers who can sign off on your file and issue COPR. Ours took 4 weeks last summer. I hope yours won't take that long.
