You were deemed
ineligible to sponsor due to your misrepresentation (i.e., not declaring your husband as a
family member before landing as PR) and has requested humanitarian and compassionate (H&C) consideration to overcome the requirement to have an eligible sponsor.
The H&C application process is a separate process from applying for PR through the usual spousal sponsorship stream.
H&C applications are decided in a two part assessment phase process.
The 1st phase of the assessment is to determine whether the facts of your case warrant granting an exemption from the regular Immigration rules and allowing the applicant to apply for landing.
The 2nd phase is to determine whether the applicant meets the criminal, security and medical requirements which all permanent resident applicants must meet before being granted PR in Canada.
IRCC will assess your application to determine whether compelling H&C reasons exist to allow your husband to immigrate to Canada……. to help IRCC reach a compelling decision to grant H&C consideration
IRCC will consider some factors like impact of separation of family members (hence they requested for more supporting documents to prove the genuineness of your marriage) and links with family members (hence they requested for DNA test).
The genuineness of your marriage and the interest of your baby are among the factors for consideration to grant H&C…..No one for sure beside IRCC could say with a full guarantee that your H&C application will be approved but your case is not hopeless…..since IRCC has requested for DNA test means they are processing your application and the result of the DNA and other considerations like your genuineness of your marriage will help IRCC decide if to grant H&C consideration.
IRCC does not reject applications outright…..if they have any concerns that may cause rejection, they usually will send you a procedural fairness letter like you earlier received to give you a chance to provide supporting documents to clear their concerns…….relax…..your application is still been processed.
Been in the H&C process queue for 25months does not exclude your application from been rejected…..however, if IRCC had reason to reject your application they would have since sent you another procedural fairness letter since the last letter in Feb 2017……relax…..your application is still been processed.
Most spousal sponsorship applications submitted before Dec 7th 2016 are processed within several months, sometimes takes 24months or more to complete…….and H&C applications are not processed within those standard timelines and should expect your application to take longer than usual timeline to complete……relax and be very patient......will advice you assume your
H&C case will take minimum 30months, could be less…..but this will help to reduce your waiting stress……relax…..it will be good.
Has IRCC ever sent our husband request for medical exam ?
For curiosity…..in your online account........when you check your Application Status........what's the message for Review of Eligibility.....(1) or (2)....below....
1.) Review of eligibility: "Your application is in progress. We will send you a message when we start reviewing your eligibility."
2.) Review of eligibility: "We are reviewing whether you meet the eligibility requirements"
H&C Sponsorship requires lot of patience.....it will be good and over.....relax