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

[Shaktikumar001]

How long did it took you to receive GCMS note ?

Generally for gcms noted processing time is one month

 

[GoldenGlimmer]

My lawyer and I have been trying to reach MP since last 2 months regarding help with my H&C application. There is no response despite many attempts. What can be done in this case? My permit is going to expire in 2.5 months and I am panicking at this point, cannot make any decision.

 

[scylla]

My lawyer and I have been trying to reach MP since last 2 months regarding help with my H&C application. There is no response despite many attempts. What can be done in this case? My permit is going to expire in 2.5 months and I am panicking at this point, cannot make any decision.

What kind of help are you asking from the MP? An MP cannot speed up processing of your application or influence the decision. The most they can do is inquire about status.

If you need assistance in making decisions, this is what your lawyer is for. Please consult with them. MPs are not immigration experts.

How long ago did you apply?

 

[Trailblazer89]

Thats good if it's not started, better than not passed try calling them every few days and bother them... tell them they reached processing times and eligibility has not started... request status update, involve MP... clearly IRCC is not doing its job once again... they are sitting on the case, if eligibility is not started after 22 months it means officer has not started review process yet. Unacceptable.

Thank you @Kate_20. Yes, it is very disheartening indeed.

What I am wondering is..when ATIP suggests that eligibility and security have not stsrted, does it really mean IRCC has done *nothing at all* on these? I find it very hard to believe that given it has been 22 months.

In other words, do ATIP notes ever show Eligibility "In progress"? Perhaps it only shows "Not started" until a decision is made even though it might actually be in progress?

 

[GoldenGlimmer]

What kind of help are you asking from the MP? An MP cannot speed up processing of your application or influence the decision. The most they can do is inquire about status.

If you need assistance in making decisions, this is what your lawyer is for. Please consult with them. MPs are not immigration experts.

How long ago did you apply?

Ask them to inquire about the status so my lawyer and I can make a decision.
I applied in August 2024, got biometrics done in Sept 2024.

 

[ashkhullar]

I would recommend straight JR, reconsiderations are very very difficult to win. If you had a strong case and HC factors you should go for JR. My parents’ first HC was refused after 7 months, I applied for reconsideration, they refused to open the case to review. I applied for 2nd HC and waiting already 20 months. This was a big mistake, I should have done JR.

Fact that your mom lost status and consultant said you cannot file for reconsideration is wrong. You can still apply but approval is very slim with reconsiderations.

you can apply for second HC after receiving refusal reasons and see if you can strengthen the case but you will need to wait for at least 2. yrs to hear back. IRCC is very slow these days. And I think officers are told not to give PR to parents though HC even if they have strong case.

Also make sure to immediately send email
and request refusal reasons from
officer, do not lose time.

was your mom on 10 yr super visa? did you try inland extensions? Restoration of status?

I understand lots of people on this forum and legal experts argue that approval of super visa after HC is slim but regulation does not specifically say parents on super visa cannot apply for lottery or HC. Lets say if parents are on super visa they can apply for pr through lottery right? They have right .. so you can argue same about HC since both lottery and HC are requesting same status.. if you decide to file super visa you should specifically explain to officer that your mom didn’t violate immigration law by requesting PR status through HC since parents CAN apply for PR while on super visas… PR is a PR you apply through lottery or HC. also lottery is not available past 5 years and it’s never a guarantee so that program is a total failure…simply to say IRCC shouldn’t punish parents of Canadian citizens just because they are applying for HC.. HC stands for Humanitarian so if someone applies for this program clearly they have issues or at leasts some factors so they shouldn’t punish or ban parents for super visas just because they applied for HC.

 

[ashkhullar]

Thanks so much every one for taking time to give very detailed replies , we are so confused and frustrated , because her passport is also expiring on Jan 31st and no legal status in canada , we just got tickets for her to India ,there we will apply for 10 year passport and then again will apply for super visa- not sure this is right decision but we are feeling so helpless at this time .
yes her supervisa is also expired and no extension as of now -she got three times extensions before but as of now-she has no legal status .

 

[scylla]

Ask them to inquire about the status so my lawyer and I can make a decision.
I applied in August 2024, got biometrics done in Sept 2024.

Ok, got it. Have you ordered GCMS notes recently as well?

You applied fairly recently so you may still have quite a while to wait.

Good luck.

 

[Kate_20]

Thanks so much every one for taking time to give very detailed replies , we are so confused and frustrated , because her passport is also expiring on Jan 31st and no legal status in canada , we just got tickets for her to India ,there we will apply for 10 year passport and then again will apply for super visa- not sure this is right decision but we are feeling so helpless at this time .
yes her supervisa is also expired and no extension as of now -she got three times extensions before but as of now-she has no legal status .

did you apply for restoration of status after 3rd extension refusal? Im in the same exact situation and filing restoration of status asking them to restore it until final decision is made.

Cant passport be renewed from Canada?

 

[GoldenGlimmer]

Ok, got it. Have you ordered GCMS notes recently as well?

You applied fairly recently so you may still have quite a while to wait.

Good luck.

My permit expires in 2.5 months, so would it be a good idea to apply for visitor visa record and buy some time to stay in the country legally.

No, I haven't applied GCMS yet. I will discuss with my lawyer and will apply soon.

 

[scylla]

My permit expires in 2.5 months, so would it be a good idea to apply for visitor visa record and buy some time to stay in the country legally.

No, I haven't applied GCMS yet. I will discuss with my lawyer and will apply soon.

Order GCMS notes asap. Very surprised your lawyer didn't already suggest this.

Yes, try applying for a visitor record. There's a chance it may be approved.

 

[ashkhullar]

did you apply for restoration of status after 3rd extension refusal? Im in the same exact situation and filing restoration of status asking them to restore it until final decision is made.

Cant passport be renewed from Canada?

no that's the mistake we did ,we did not apply for restoration and when we got her results at that time she had no active visa or any extension of visa

 

[scylla]

did you apply for restoration of status after 3rd extension refusal? Im in the same exact situation and filing restoration of status asking them to restore it until final decision is made.

Cant passport be renewed from Canada?

Some countries will only allow people to renew their passports from within Canada if they can show they have valid status. For these countries, people end up in a catch 22 situation since they cannot show they have valid status and can't apply for the passport renewal and also cannot apply to restore status without a valid passport.

Having said that, this is not all counties, just some.

If possible and the applicant has a valid passport, I think it's always a good idea to try to restore.

 

[GoldenGlimmer]

Order GCMS notes asap. Very surprised your lawyer didn't already suggest this.

Yes, try applying for a visitor record. There's a chance it may be approved.

Thank you for your responses Will ask my lawyer regarding GCMS notes

 

[Trailblazer89]

How long did it took you to receive GCMS note ?

About one month. Applied on Nov 26, got them on Dec 23