Hi everyone. I guess i would say my case is a bit complicated but i am not sure if anyone has been in my shoes before so any expert or experienced advice would be appreciated. My refugee case was negative but my kids were accepted, i quickly submitted an application for PR but not long after the Minister appealed the kids positive decision and it was subsequently overturned and removal order was issued. But i got lucky as CBSA could'nt acquire a travel document for the kids from my country's embassy so we got pass the one year mark and i applied for PRRA. but to my surprise Cic asked the kids to go get their medical done while CBSA were still on our case. I am so confused as to what to do because i was still hoping that the kids would be granted PR status so i couldnt apply for H&C and its been 3 months since i applied for PRRA and 3 Months since the kids medical but nothing yet as regards the kids PR application. What should i do at this stage because i cant Afford to hire a lawyer as i would want to apply for H&C myself?
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
Hi babyfaced4real,
you'r right your case seems complicated and I never heard something like that. actualy I didn't know that minister can appeal a positive decision. By what I understand is that you submit application for your kid PR then minester appeal the refugee decision for your kid but the PR application was already on process and seems to still in process since they ask for medical. As I know prra don't ask for medical...
In other hand, did you get another hearing to argument against minister appeal or is the minister appeal automatically reverse your kids positive decision?
You can apply for H&C while your prra is on process, it's a huge work that need a lot of documents and proofs to support your case.
Event if your kids get their PR, you will still need to regulate your statut in case of bad prra income ( I wish you will not need to). Can't you find a consultant or a MP office that offer immigration pré-application advise and support in your area?
What is your kids PR statut on e-cas?
When the Minister appealed the positive decision we also appealed it but it was ultimately refused and we told by cbsa that we were on a removal order.
Each time i check the kids application status online it says , still in process and its been 3 months since they had their medical done. I'm just at a cross road because i wouldnt know why CIC would ask them to get their medicals done when they are fully aware that there is a removal order issued. I will try and find a consultant but i am very certain that my case is a peculiar one. i just dont know if it takes more than three months after medials to be called for a PR interview.
Hello babyfaced,
I can understand your confusion. It's look like they still processing your childs application no matter the removal order and I hope they will get PR soon. For refugee PR I can't tell when after medical they did call for interview, but for H&C I read some people that wait almost a year and even have to redo medical because of the 1year validity.
For more information about refugee PR processing time please take a look at this thread: https://www.canadavisa.com/canada-immigration-discussion-board/threads/time-line-for-permanent-residence-application-for-refugees.17484/page-400#post-6974270
I will start,
I applied for H&C last year on january by my own on best interest of a child ground.
7month later, without any AOR, I got a call from CIC to update my file and we talk for about 30mns about my application and familly. I receive AIP (Approval in principle) 1 day later.
Since the AIP I didn't ear any news from IRCC until january 2018, I received médical request and Annex A request. it's was all done by the end of january and my background still in progress.
and I still waiting....
Wow lucky you
Which country are you from???
Amazing news
Hi Everyone,
I would like to take a suggestion on H & C application.
I have applied for Permanent Residence Visa outside Canada and my sponsor is in Canada and CPC advise the decision to sponsor that he is not eligible to sponsor the applicant but has forward the case to London Visa office. I as an applicant have already applied for H& C request that my sponsor is not eligible to kindly overcome the request under section A25(1) on HC grounds. And sponsor has 2 family financial evidence as undertaking to grant on this basic.
My question is will they consider my request on this HC grounds. Please help and advise.
Regards
I would like to take a suggestion on H & C application.
I have applied for Permanent Residence Visa outside Canada and my sponsor is in Canada and CPC advise the decision to sponsor that he is not eligible to sponsor the applicant but has forward the case to London Visa office. I as an applicant have already applied for H& C request that my sponsor is not eligible to kindly overcome the request under section A25(1) on HC grounds. And sponsor has 2 family financial evidence as undertaking to grant on this basic.
My question is will they consider my request on this HC grounds. Please help and advise.
Regards
It's not clear what your H&C argument is for overcoming the fact that MNI has not been met.
You were very lucky to have been granted a study permit after a failed refugee claim plus appeals. Why did you only get 1 year PGWP after studying for 2 years? This is really no longer a refugee case this is like any other student who does not meet the requirement to file for PR after PGWP.
I can't agree with your last statement because failed refugee claimants applying for H/C, I suspect, are more common than non-claimants these days. This person (absent any real details) will have similarly situated people applying for H/C.
There hasn't been anything mentioned here that increases or decreases his chances of success.
Omg! I got a letter froM IRCC after 3 weeks that application was sent to Vancouver. My lawyer said really quick.
Wow that’s really quick , what’s your timeline please ? Mine in process since April 2018.