humanitarian and compassionate case email

[D_8rane]

hi guys we recieved an email from immigration stating the following :

backlog reduction team naigra

--can someone explain what this means? does it mean application is partly approved on the condition that we pass the remaining requirment like police, medical?



This refers to your application for permanent residence from within Canada on humanitarian and compassionate grounds. Recently, you received a letter advising you that a representative of the Minister of Citizenship and Immigration Canada approved your request for an exemption from certain legislative requirements to allow processing of your application for permanent residence from within Canada.
This letter also informed you that you were required to meet all other statutory requirements of the Immigration and Refugee Protection Act for which you have not been granted an exemption, for example, medical, security, passport and arrangements for your care and support.

Before a decision can be made about whether you meet the admissibility requirements of the Immigration and Refugee Protection Act, further information is required, specifically:


MEDICAL EXAMINATION

At this time, you (and any family member that has been included in your application) are required to undergo a medical examination. Please note that Immigration Health Services (RNH) will only accept an immigration medical performed by one of the designated medical practitioners listed on our website at:

http://www.cic.gc.ca/pp-md/pp-list.aspx

Please contact one of these physicians or clinics and make arrangements for them to complete the medical. This form will be sent to the email address which you had provided to us on your application. The completed form must be sent by you or the physician to Health Management Branch (HMB) in Ottawa. Do not send the forms to our Niagara Falls office.


POLICE CERTIFICATES

It is necessary that you (and your spouse or common-law partner, if applicable, included on this application) provide criminal records check / police certificate from all countries, excluding Canada, in which you resided for 6 months or longer since the age of 18. This check must be national and not just local. For more information on how to obtain a police certificate, please visit:

http://www.cic.gc.ca/english/information/security/police-cert/index.asp

The police certificates must include all criminal records under your name or confirm that you do not have a criminal record. You may be required to pay a fee to the agency. These fees are your responsibility. Please forward the ORIGINAL police certificate(s) by mail to this office together with, a certified translation document if the information submitted is not in English or French.

PASSPORT

Please be advised that you (and any family member that has been included in your application) must be in possession of a valid and subsisting passport in order for us to finalize your application for permanent residence. Please send a copy of the bio-data pages of your passport or travel document to our office. If you are unable to obtain a valid passport, please provide us with evidence of your passport application.

RIGHT OF PERMANENT RESIDENCE FEE

We require you to submit proof that you have paid the $490.00 Right of Permanent Residence Fee. Information on how to pay this fee can be found on our web site at http://www.cic.gc.ca/english/information/fees/index.asp. Please be advised that this fee applies to the principle applicant of this application and the spouse/common-law partner (if applicable). It does not apply to dependent children that may have been included in the application. After you have paid your fees, you must email/fax a copy of your receipt to our office.

FINANCIAL INFORMATION

Your application for permanent residence could be refused if you are not self-supporting, that is, in receipt of social assistance or welfare benefits, either directly or indirectly and you have not been granted an exemption from the requirement to be self-supporting. Please provide our office with copy of bank statements (3 months), proof of your employment and/or reasons why you are not working.
Please send all requested documents and/or information to our office within 60 days of this letter. If you have already provided any of the documents requested above, please advise when you submit all of the outstanding documents.
Ensure that you include your application number and CS3950 in subject line when corresponding with this office.

Regards,
C & I Assistant
Backlog Reduction Office
Immigration, Refugees and Citizenship Canada
4318 Portage Road Niagara Falls ON L2E 6A4

NiagaraFallsBRO-BRA@cic.gc.ca
Facsimile | Télécopieur 905-354-4491

Hi.. i just want to know what was your status before you apply h&c. Were you allowed to work or given a work permit while waiting for the application? Thanks

 

[Vicky1993]

Hi.. i just want to know what was your status before you apply h&c. Were you allowed to work or given a work permit while waiting for the application? Thanks

Just an information for another case if you are interested. We came 6 years ago and we applied for refugee.The decision was negative. We had 15 days to make an appeal which we did and we started the same day with the appeal, the H&C grounds application. After 3 months we had a negative appeal and they sent us an order removal after 3 months from the negative appeal so in total 6 months after the negative decision from the hearing. And we had a month to be prepared for deportation. 1 day before we go to book the tickets for returning we received the letter of approval based on humanitarian and compassionate grounds. The second stage came after 6 months with everything to send medical criminal etc... and after 3 months they sent us the pr interview which was the next day from the call i received to show up. Everything was done by lawyer.(negative appeal including everything for h&c) So the timeline for us was 10 months to finalize the pr from the time we received the first positive letter.And so before the h&c we had refugee status but it was pending. So basically we had the work permit as refugee and even if it was rejected we still had the right when it was expired to get another one by paying the fees.This was something very strong for us because we had very high income declaration to show to h&c application.

 

[D_8rane]

Just an information for another case if you are interested. We came 6 years ago and we applied for refugee.The decision was negative. We had 15 days to make an appeal which we did and we started the same day with the appeal, the H&C grounds application. After 3 months we had a negative appeal and they sent us an order removal after 3 months from the negative appeal so in total 6 months after the negative decision from the hearing. And we had a month to be prepared for deportation. 1 day before we go to book the tickets for returning we received the letter of approval based on humanitarian and compassionate grounds. The second stage came after 6 months with everything to send medical criminal etc... and after 3 months they sent us the pr interview which was the next day from the call i received to show up. Everything was done by lawyer.(negative appeal including everything for h&c) So the timeline for us was 10 months to finalize the pr from the time we received the first positive letter.And so before the h&c we had refugee status but it was pending. So basically we had the work permit as refugee and even if it was rejected we still had the right when it was expired to get another one by paying the fees.This was something very strong for us because we had very high income declaration to show to h&c application.

First of all, thanks for all the info. I appreaciate it. That’s what I was trying to tell my lawyer too. If I can appeal and apply h&c at the same time. But he said take one step at a time. Isnt it after the negative appeal, you can also apply for judicial review or the prra and then h&c? I dont have that high income to declare because I’m a single mom and I only work part time while my daughter is in the daycare, there’s a limited time. I thought the immigration will only give you 1 month after the negative appeal for deportation? At least you were able to wait for the h&c approval before your flight back home. I am hoping and praying for the best. Thanks again.

 

[Vicky1993]

First of all, thanks for all the info. I appreaciate it. That’s what I was trying to tell my lawyer too. If I can appeal and apply h&c at the same time. But he said take one step at a time. Isnt it after the negative appeal, you can also apply for judicial review or the prra and then h&c? I dont have that high income to declare because I’m a single mom and I only work part time while my daughter is in the daycare, there’s a limited time. I thought the immigration will only give you 1 month after the negative appeal for deportation? At least you were able to wait for the h&c approval before your flight back home. I am hoping and praying for the best. Thanks again.

Actually is very important to apply the same time for appeal and h&c otherwise it will be so late. Our lawyer was so persistent to apply the same time and if he wasn't probably we would be deported. There is no time after a negative appeal trust me. And 99 percentage the appeal is always negative but it gives you time for the h&c grounds.Remember the deportation comes quickly after a negative decision from appeal.And i understand that it is hard for you to have high income i was in the same position with a baby but my husband had. And unfortunately again the high income is very important...

 

[D_8rane]

Actually is very important to apply the same time for appeal and h&c otherwise it will be so late. Our lawyer was so persistent to apply the same time and if he wasn't probably we would be deported. There is no time after a negative appeal trust me. And 99 percentage the appeal is always negative but it gives you time for the h&c grounds.Remember the deportation comes quickly after a negative decision from appeal.And i understand that it is hard for you to have high income i was in the same position with a baby but my husband had. And unfortunately again the high income is very important...

We are also looking for judicial review just in case the appeal is denied and maybe by then we can apply for h&c. I am also thinking of just doing it by myself but I dont know if I can. Its a serious process and I dont want to fail. Even if you get deported and your h&c is in process, would that affect the application? Thanks again.

 

[Vicky1993]

We are also looking for judicial review just in case the appeal is denied and maybe by then we can apply for h&c. I am also thinking of just doing it by myself but I dont know if I can. Its a serious process and I dont want to fail. Even if you get deported and your h&c is in process, would that affect the application? Thanks again.

Once your appeal is denied any judicial review does not help it will be negative again. And if you do then the h&c it will be late. There is no going to be enough time to take the decision you will be deported before the decision. The h&c to be approved is very low but if you get deported it will be less low than before. To do the whole process by yourself it worthless because you are not going to defend the reasons and the proofs better than your lawyer and i know that even if is expensive the whole process with your lawyer it is worth. The h&c case is very complicated and your lawyer has to work very hard to be approved. Also, you should have very strong story to win.

 

[D_8rane]

Thats right. I dont know why my lawyer doesnt want to do both. I think he’s just being wise. Its like delaying the process so he can get more $ for every step. But right now, Im trying to gather & prepare as many documents as I can so I dont have to depend on him about the application. I really need to have a very strong case and story. Thanks

Once your appeal is denied any judicial review does not help it will be negative again. And if you do then the h&c it will be late. There is no going to be enough time to take the decision you will be deported before the decision. The h&c to be approved is very low but if you get deported it will be less low than before. To do the whole process by yourself it worthless because you are not going to defend the reasons and the proofs better than your lawyer and i know that even if is expensive the whole process with your lawyer it is worth. The h&c case is very complicated and your lawyer has to work very hard to be approved. Also, you should have very strong story to win.

why

 

[Vicky1993]

Thats right. I dont know why my lawyer doesnt want to do both. I think he’s just being wise. Its like delaying the process so he can get more $ for every step. But right now, Im trying to gather & prepare as many documents as I can so I dont have to depend on him about the application. I really need to have a very strong case and story. Thanks


why

even if you do it both or seperate the cost is the same.You pay the same even if you do the two cases together. And i am sorry to tell but your lawyer is not wise because to be wise you have to do everything as quickly you can because the deportation comes quickly! I wish you good luck with your case and an advice! Have a very good lawyer to go through the h&c grounds. We paid 25000 dollars from the time that the first refugee hearing was denied(cost for appeal, judicial review and h&c). The lawyers cost a lot but it worth if you have a good one!! Good luck!!

 

[D_8rane]

even if you do it both or seperate the cost is the same.You pay the same even if you do the two cases together. And i am sorry to tell but your lawyer is not wise because to be wise you have to do everything as quickly you can because the deportation comes quickly! I wish you good luck with your case and an advice! Have a very good lawyer to go through the h&c grounds. We paid 25000 dollars from the time that the first refugee hearing was denied(cost for appeal, judicial review and h&c). The lawyers cost a lot but it worth if you have a good one!! Good luck!!

Oh you also applied for judicial review? How long did it take to get the decision? I mean he’s wise just to make some money out of it. Yeah it really cost a lot! I have to pay him half of 10k first for starting the process of the appeal and I really have to work hard and save. I dont know how I’m going to overcome all of these financially and mentally. If I would be sent home, do you think or somebody know if I can still come back as a skilled worker or to be sponsored by my current employer here who had been very nice and supportive of me. Thank you.

 

[Vicky1993]

Oh you also applied for judicial review? How long did it take to get the decision? I mean he’s wise just to make some money out of it. Yeah it really cost a lot! I have to pay him half of 10k first for starting the process of the appeal and I really have to work hard and save. I dont know how I’m going to overcome all of these financially and mentally. If I would be sent home, do you think or somebody know if I can still come back as a skilled worker or to be sponsored by my current employer here who had been very nice and supportive of me. Thank you.

we had many struggles also to overcome all of these financially either! We borrowed money from friends also because we had to give to the lawyer 12000 to start the both cases and after every month 2500 dollars until the 25000. Actually if you go back and try to come again it will take many years and it depends of your skills and Canada's needs..Even if you try to be sponsored by your current employer it is very possible to don't accept your request because they have to believe that you have incredible skills to bring you to Canada and that no one Canadian can do this job.So it is depends of the position you work and from the points you can get with your skills. But if they deport you you cannot come in Canada for the next five years.We had been told this when we had the interview with the cic to arrange the deportation.

 

[Vicky1993]

we had many struggles also to overcome all of these financially either! We borrowed money from friends also because we had to give to the lawyer 12000 to start the both cases and after every month 2500 dollars until the 25000. Actually if you go back and try to come again it will take many years and it depends of your skills and Canada's needs..Even if you try to be sponsored by your current employer it is very possible to don't accept your request because they have to believe that you have incredible skills to bring you to Canada and that no one Canadian can do this job.So it is depends of the position you work and from the points you can get with your skills. But if they deport you you cannot come in Canada for the next five years.We had been told this when we had the interview with the cic to arrange the deportation.

and also the judicial review's decision came up in a month and a half after the negative appeal's decision.

 

[hurricane_loop]

Oh you also applied for judicial review? How long did it take to get the decision? I mean he’s wise just to make some money out of it. Yeah it really cost a lot! I have to pay him half of 10k first for starting the process of the appeal and I really have to work hard and save. I dont know how I’m going to overcome all of these financially and mentally. If I would be sent home, do you think or somebody know if I can still come back as a skilled worker or to be sponsored by my current employer here who had been very nice and supportive of me. Thank you.

Hi D_8rane!
I think Vicky1993 is telling you the truth, don't wait for your Judicial review appeal, its success is very rare or impossible, I lost it and I wasted time and I' regret that I didn't apply for H&C. I lost 5 months, which is too much. so try ASAP applying for H&C whatever the price. And Good luck for your Appeal.

Regards

 

[hurricane_loop]

we had many struggles also to overcome all of these financially either! We borrowed money from friends also because we had to give to the lawyer 12000 to start the both cases and after every month 2500 dollars until the 25000. Actually if you go back and try to come again it will take many years and it depends of your skills and Canada's needs..Even if you try to be sponsored by your current employer it is very possible to don't accept your request because they have to believe that you have incredible skills to bring you to Canada and that no one Canadian can do this job.So it is depends of the position you work and from the points you can get with your skills. But if they deport you you cannot come in Canada for the next five years.We had been told this when we had the interview with the cic to arrange the deportation.

Hi Vicky1993!
What do you mean High income? are you working with your partner? do you have kids, can you share that please and what is your timeline?

 

[D_8rane]

Hi D_8rane!
I think Vicky1993 is telling you the truth, don't wait for your Judicial review appeal, its success is very rare or impossible, I lost it and I wasted time and I' regret that I didn't apply for H&C. I lost 5 months, which is too much. so try ASAP applying for H&C whatever the price. And Good luck for your Appeal.

Regards

Thanks dear. I’ll keep that in mind. We have yet to appeal next week and I’m thinking of applying h&c as well. Meantime, I have to prepare all the documents I need for h&c. So, what happened to your case? Why didn’t you apply for h&c?

 

[Vicky1993]

Hi Vicky1993!
What do you mean High income? are you working with your partner? do you have kids, can you share that please and what is your timeline?

basically i wasn't working because i had a newborn but my husband was working construction and we had 70.000 dollars income.I have mention some details and the timeline at this page is the second post.Check it and if you have any questions is my pleasure to answer!