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Humanitarian & compassionate application

Alien_walkingalone

Hero Member
Jul 9, 2015
269
35
You have been lucky so far. I submitted my application August 2017 and they start processing it in May 2018 at the 8 months mark.

Did you do it with a layer?
May I ask what your case is about?
Yes with a lawyer , it’s for my mother , I am her only Canadian child and we have no family members. It’s about hardships of both of us , the real hardship began this year while waiting for the application results my mother diagnosed with cancer and we are suffering a lot without any medical coverage. I have been paying everything from my pocket and having lot of difficulties. Pray for us please
 

canuck78

VIP Member
Jun 18, 2017
55,619
13,534
Not orphan but my father who lives in Europe has been diagnosed with stage 4 cancer and is undergoing harsh treatment and is unable to look after my little brother. He is not working anymore and the chemo treatment has done a number on his lifestyle. We had a lawyer drafting the papers (not cheap) and up to now paid study visa to have continuity on my brother's education. However, that is not sustainable as it's extremely expensive. So was the lawyer.
Would imagine this may be more difficult then you think. Seems like your father wasn't living in the same country as your brother when he got sick. What about his mother? Hope it works out for you but sense that this maybe more complicated than anticipated.
 

canuck78

VIP Member
Jun 18, 2017
55,619
13,534
Your H&C application will be very difficult if both parents are still alive and living in a country with a good education and social welfare system. There are many situations where a family member may be living in a difficult situation but that doesn't mean they can immigrate.
 

gsgabs

Newbie
Jun 14, 2018
2
0
Your H&C application will be very difficult if both parents are still alive and living in a country with a good education and social welfare system. There are many situations where a family member may be living in a difficult situation but that doesn't mean they can immigrate.
Actually good news (goes to show that unless you know the full story one cannot make assumptions and provide expertise). The application was moved to in progress and it's AIP approved 1st stage. I am expecting smooth sailing from here on.

canuck78 - you cannot really have an opinion on the degree of difficulty on an application unless you know the whole story. Nobody said that they were residents of this country with a good education system and social welfare. Just that my parents were living there. You made assumption of status immediately.
 

canuck78

VIP Member
Jun 18, 2017
55,619
13,534
Actually good news (goes to show that unless you know the full story one cannot make assumptions and provide expertise). The application was moved to in progress and it's AIP approved 1st stage. I am expecting smooth sailing from here on.

canuck78 - you cannot really have an opinion on the degree of difficulty on an application unless you know the whole story. Nobody said that they were residents of this country with a good education system and social welfare. Just that my parents were living there. You made assumption of status immediately.
Extremely rare for siblings to be granted PR if their parents are still alive no matter the conditions.
 

Alien_walkingalone

Hero Member
Jul 9, 2015
269
35
Actually good news (goes to show that unless you know the full story one cannot make assumptions and provide expertise). The application was moved to in progress and it's AIP approved 1st stage. I am expecting smooth sailing from here on.

canuck78 - you cannot really have an opinion on the degree of difficulty on an application unless you know the whole story. Nobody said that they were residents of this country with a good education system and social welfare. Just that my parents were living there. You made assumption of status immediately.
Hello dear congratulations, my mother has diagnosed with cancer , she is here in Canada getting private treatment so I am expecting the h&c application will give us some good news soon, I hope so . Could you please share your timeline dear ?
 
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Zefears

Member
Dec 23, 2017
19
1
I’ve requested the GCMS notes and this is the time line so far:

Sept 1st 2017: application received
May 1st 2018: triage
Sept 15th 2018: entered in GCMS

Does anybody know if there are many more steps before AIP?
 

ipaykwai

Hero Member
Aug 10, 2013
397
193
manila
Category........
PNP
Visa Office......
Manila
Job Offer........
Yes
App. Filed.......
-06-2019
Nomination.....
-02-2019
AOR Received.
-06-2019
Med's Request
10-2019
Passport Req..
14-02-2022
VISA ISSUED...
21-04-2022
LANDED..........
2-04-2022
Hello guys I am out of status here in Canada and unfortunate for me, immigration ask me to leave canada immediately. I am opted for applying H&C as I have some factors to consider if I am about to leave Canada.First may i ask what does AIP stands for? if ever an application for H&C has submitted is there a chance that I can work legally here in Canada while waiting on decision? do i need to leave Canada once I submitted H&C application?

Thank you very much.
 

scylla

VIP Member
Jun 8, 2010
95,902
22,149
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello guys I am out of status here in Canada and unfortunate for me, immigration ask me to leave canada immediately. I am opted for applying H&C as I have some factors to consider if I am about to leave Canada.First may i ask what does AIP stands for? if ever an application for H&C has submitted is there a chance that I can work legally here in Canada while waiting on decision? do i need to leave Canada once I submitted H&C application?

Thank you very much.
Typically people remain in Canada while an H&C application is in progress unless they are ordered to leave Canada.

You can apply for a work permit once you have first stage approval. These days first stage approval seems to be taking 8-12 months - so you have a while to wait yet before working will be possible.
 

ipaykwai

Hero Member
Aug 10, 2013
397
193
manila
Category........
PNP
Visa Office......
Manila
Job Offer........
Yes
App. Filed.......
-06-2019
Nomination.....
-02-2019
AOR Received.
-06-2019
Med's Request
10-2019
Passport Req..
14-02-2022
VISA ISSUED...
21-04-2022
LANDED..........
2-04-2022
Typically people remain in Canada while an H&C application is in progress unless they are ordered to leave Canada.

You can apply for a work permit once you have first stage approval. These days first stage approval seems to be taking 8-12 months - so you have a while to wait yet before working will be possible.
Thanks for the answer. on the refusal letter, it says that since i am out of status i need to leave Canada immediately. does that mean i need to leave Canada then I will apply for H&C?
 

scylla

VIP Member
Jun 8, 2010
95,902
22,149
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for the answer. on the refusal letter, it says that since i am out of status i need to leave Canada immediately. does that mean i need to leave Canada then I will apply for H&C?
Does the letter state that you still have an opportunity to restore your status? If possible you should post the text of the letter here. It's easier for people to give advice if they know exactly what the letter says.

You cannot apply for H&C from outside of Canada.
 

ipaykwai

Hero Member
Aug 10, 2013
397
193
manila
Category........
PNP
Visa Office......
Manila
Job Offer........
Yes
App. Filed.......
-06-2019
Nomination.....
-02-2019
AOR Received.
-06-2019
Med's Request
10-2019
Passport Req..
14-02-2022
VISA ISSUED...
21-04-2022
LANDED..........
2-04-2022
Does the letter state that you still have an opportunity to restore your status? If possible you should post the text of the letter here. It's easier for people to give advice if they know exactly what the letter says.

You cannot apply for H&C from outside of Canada.
here's the part of the decision:

"You last held status until November 20, 2017. You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations. Given this, you must leave Canada immediately or face enforcement action as you are in non-compliance with A29(2) of IRPA. Consideration is being given to writing a report under paragraph 44 which could result in a removal order being issued against you. "
 

scylla

VIP Member
Jun 8, 2010
95,902
22,149
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
here's the part of the decision:

"You last held status until November 20, 2017. You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations. Given this, you must leave Canada immediately or face enforcement action as you are in non-compliance with A29(2) of IRPA. Consideration is being given to writing a report under paragraph 44 which could result in a removal order being issued against you. "
Yes - in that case you definitely need to leave - and you need to leave soon. If you don't leave soon, you'll be deported.
 

ipaykwai

Hero Member
Aug 10, 2013
397
193
manila
Category........
PNP
Visa Office......
Manila
Job Offer........
Yes
App. Filed.......
-06-2019
Nomination.....
-02-2019
AOR Received.
-06-2019
Med's Request
10-2019
Passport Req..
14-02-2022
VISA ISSUED...
21-04-2022
LANDED..........
2-04-2022
Yes - in that case you definitely need to leave - and you need to leave soon. If you don't leave soon, you'll be deported.
Kind of confused this time. If ever I need to leave soon, does that mean I cannot proceed to my H&C application.
 

scylla

VIP Member
Jun 8, 2010
95,902
22,149
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Kind of confused this time. If ever I need to leave soon, does that mean I cannot proceed to my H&C application.
What are your grounds for applying for H&C? The approval rates for H&C applications are low and you required strong H&C reasons to be approved. Do you qualify for PR under one of Canada's economic immigration programs? If so, a far better option would be to apply for PR through one of these programs once you have left Canada.