H&C Humanitarian Ground with/or Without Failed refugee claim

[Kate_20]

I am on your boat kate,dont worry he has the restoration option,and if the restoration is accepted he should be able stay in canada until a decision is made on his H and C application,you have 90 days to apply for restoration from the date of the visitor extension refusal,and yeah what the govt is doing is pure injustice against its tax payer citizens,I have developed severe anxiety disorder just by thinking that my mother will have to live just by herself without any social support if she is forced to leave canada but the govt doesnt seem to care,filed H and C application 16 months ago and no response from them,so yeah you are not on this alone,feel free to dm me if you need any assistance,would be happy to help

thank you so much for responding. I totally understand, Ive been there for a decade. Wish govt could tell us what we are doing after 10 years of super visas! then what?? Nowhere you can find answers and minister never talks about what will happen after super visas expire. How do you want me to convince visa officer that my parents have ties back home after living here 7 years. No chance second super visa will be approved. So whats the plan? you can only have parents visit you for 10 years and after that let them go back and die alone? they wont even allow them back to visit

Refusal letter doesn’t say anything about restoration. His status already expired in Sept so I dont know if he can apply for restoration it’s very tricky.

 

[Kate_20]

I would apply for restoration.

IMO he should try to remain in Canada even if that means remaining without status since you have an H&C application underway. Chances of an H&C application being approved generally reduce a lot if a person leaves. Maybe best to get a consult with a lawyerm

thanks for taking the time and reading. Im afraid if he stays here illegally then we are done. He maintained status for 10 years all these insurances, medical exams, extension fees, plane tickets, so much time, stress, money (

 

[scylla]

thanks for taking the time and reading. Im afraid if he stays here illegally then we are done. He maintained status for 10 years all these insurances, medical exams, extension fees, plane tickets, so much time, stress, money (

I'm not sure what you mean by "I'm afraid if he stays here illegally then we are done"

 

[Kate_20]

I'm not sure what you mean by "I'm afraid if he stays here illegally then we are done"

what I mean, if he is going stay here after the refusal of visitor record, if restoration of status is not an option, and he remains in Canada to wait for HC Decision he will be here illegally. If he violates immigration law by staying here illegally he will never be able to obtain any status if HC refused

 

[wello711]

what I mean, if he is going stay here after the refusal of visitor record, if restoration of status is not an option, and he remains in Canada to wait for HC Decision he will be here illegally. If he violates immigration law by staying here illegally he will never be able to obtain any status if HC refused

There is TRP.... It's an option for those who can't restore their status

 

[scylla]

what I mean, if he is going stay here after the refusal of visitor record, if restoration of status is not an option, and he remains in Canada to wait for HC Decision he will be here illegally. If he violates immigration law by staying here illegally he will never be able to obtain any status if HC refused

IMO he's already in a situation where a TRV or super visa would be difficult to get approved in the future due to the H&C application. Chances of H&C application being approved will go down if he leaves. So the overall odds are in favour of staying in Canada. But your choice of course.

 

[Scotian2012]

I just talked to IRCC agent, I submitted in February 2023, background check still in process, nothing else started, still in same office, just that last week my application was assigned to a new officer, it had been assigned to an officer before (as per previous conversations with ircc agents) anyone with same timeline?

 

[Kate_20]

IMO he's already in a situation where a TRV or super visa would be difficult to get approved in the future due to the H&C application. Chances of H&C application being approved will go down if he leaves. So the overall odds are in favour of staying in Canada. But your choice of course.

yes but when government offers you a super visa they dont tell you you are not allowed to apply for PGP… you can have PGP filed and request super visa to visit and stay with your family… why would government punish you if you applied for PR and not grant you another super visa based on that argument? If you didnt violate immigration law for 10 years… if my dad wanted to stay here and violate law… he wouldn’t maintained the status for 10 years, he would just overstay and live here…

 

[scylla]

yes but when government offers you a super visa they dont tell you you are not allowed to apply for PGP… you can have PGP filed and request super visa to visit and stay with your family… why would government punish you if you applied for PR and not grant you another super visa based on that argument? If you didnt violate immigration law for 10 years… if my dad wanted to stay here and violate law… he wouldn’t maintained the status for 10 years, he would just overstay and live here…

I don't make the rules and it's pointless to get into an argument with me about them. I have no interest in getting into an argument. I'm just trying to help you with your options based on the actual rules that are in place right now.

 

[ibrahim0175]

what I mean, if he is going stay here after the refusal of visitor record, if restoration of status is not an option, and he remains in Canada to wait for HC Decision he will be here illegally. If he violates immigration law by staying here illegally he will never be able to obtain any status if HC refused

Dont worry,he should be able to restore his status,if you need any assistance with your restoration application,feel free to dm me….

 

[Kate_20]

I don't make the rules and it's pointless to get into an argument with me about them. I have no interest in getting into an argument. I'm just trying to help you with your options based on the actual rules that are in place right now.

I didnt even think of arguing with you. Im beyond grateful for all the help I get from this forum. Thank you for prompt responses and advice

 

[FNU]

I just talked to IRCC agent, I submitted in February 2023, background check still in process, nothing else started, still in same office, just that last week my application was assigned to a new officer, it had been assigned to an officer before (as per previous conversations with ircc agents) anyone with same timeline?

I submitted June 2023, no updates for me as well. They told me the same assigned to officers when I called them last time. You should ask your MP for it if it’s over the processing time. I hope we will get good results before 2025. @idiris any updates from you my friend?

 

[Kip4987]

killing.

Hello, what is the update? Have u gotten your confirmation email? Am still waiting for mine and the wait is killing.

Have u received any updates? Any portal email yet ?

I just received the address confirmation email - don’t know what that means