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

[The Invincible]

Very hard to provide input on your questions because there seems to be large gaps and unknowns. I may not have understood your original post but have you sought shelter in a religious institution and are living there? You have been without status for 18 months and H&C cases are taking quite a long time so it could be another 1+ years until you hear anything.

There is no other way, as far as I know, than H&C. We are gonna apply for this program, as soon as possible. That is it. I am not sure about some details, as I mentioned above.

 

[The Invincible]

I may not have understood your original post but have you sought shelter in a religious institution and are living there?

I'm not livint there. I just worked for one religious institution for, I think, 20 months.

 

[canuck78]

I'm not livint there. I just worked for one religious institution for, I think, 20 months.

To answer some of your questions when it asked if you are established things like having bought a home, owning a business especially that employs others are what they are some of the reasons you would be established.

In general you need to convince IRCC why you deserve special consideration over others who have failed to secure PR after being a student and working under PGWP. Not sure how your wife having lived in your home country works in your favour. It shows that she is able to live in your home country. You also waited for 18+ months after you lost status to apply for H&C. You have to explain why there is such a delay. You seem to be working without status and your spouse may be as well. Your child is attending school without paying international fees. H&C is certainly an uphill battle. Using a lawyer would be recommended.

 

[bushra1122]

I have a question that I would appreciate some clarification on.

When you get stage 1 approval, how do you know for what requirements you have been granted exemption for? Is it suppose to explicitly state that?

My father applied for H&C and it asks whether you've been told to leave Canada or have a removal order and in it we wrote that he does have a removal order (which is due to misrepresentation).

So does that mean getting stage 1 approval means they've exempt him from the requirement to apply for PR from outside Canada AND exempt him from the inadmissibility as well?

 

[RASPAT]

thank you Raisaab108

 

[soheilhs]

I have a question that I would appreciate some clarification on.

When you get stage 1 approval, how do you know for what requirements you have been granted exemption for? Is it suppose to explicitly state that?

My father applied for H&C and it asks whether you've been told to leave Canada or have a removal order and in it we wrote that he does have a removal order (which is due to misrepresentation).

So does that mean getting stage 1 approval means they've exempt him from the requirement to apply for PR from outside Canada AND exempt him from the inadmissibility as well?

YES

 

[Enny4bj2000]

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....

Hi please can you explain step on how to apply for the humanitarian and compassionate ground, as I applied for refugee claim in 2017 and got rejected
March 2019,appeal was dismissed Nov 7 2019 ,just paid for Judicial review.
I want to apply for H&C on child's.
I have 4kids ,3usa citizen and 1canadian .2girls .
Please any help will be appreciated.

 

[canuck78]

Hi please can you explain step on how to apply for the humanitarian and compassionate ground, as I applied for refugee claim in 2017 and got rejected
March 2019,appeal was dismissed Nov 7 2019 ,just paid for Judicial review.
I want to apply for H&C on child's.
I have 4kids ,3usa citizen and 1canadian .2girls .
Please any help will be appreciated.

Would invest in a lawyer. It sounds like you were on TPS if you have 3 US children. Given you other refusals you need to submit the strongest case possible.

 

[Enny4bj2000]

Oh okay thank you so much .

 

[Kashcal]

That is a really individual case. There are only a few reasons that your spouse could suddenly be inadmissible. Did they re entry get charged with something or are already guilty? They seem to be in Canada so were admissible at some point. A job is important but so is other things. When does your PGWP run out? The H&C system is very overwhelmed at the moment and it is getting worse.

Hi Canuck78,
Missed your message earlier,
Yes he was convicted of cc266 (summary offense) earlier this year.
Let me see If I could get a copy of PFL, I will share in a bit.

 

[Kashcal]

PFL contents:


This refers to your application for permanent residence in Canada. I am writing you this letter to express
my serious concerns regarding your application.

Your spouse was convicted of a crime in Canada and I have alleged that he is inadmissible pursuant to
section 36(2)(a) of the Immigration and Refugee Protection Act. Subsequently, you may be inadmissible
to Canada pursuant to section 42(a) of the same Act.

Inadmissible family member
42 (1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible
family member if
(a) their accompanying family member or, in prescribed circumstances, their non-accompanying family
member is inadmissible;

Therefore I am asking you to submit any additional information/documentation that would allay my
concerns. You have until ..... .. to submit the additional information. Please upload your
submissions directly to your MyCIC account.
If you choose not to respond with additional information, or if your submission does not allay these
concerns, your application will be refused.

Please note:

 Any document submitted which are not in English or French must be accompanied by a translation
in either English or French.
 Do not submit originals, unless otherwise stated, as documents submitted will not be returned.
 Please note that we can only accept unzipped PDF, JPG or .doc files that are attached to an email,
totaling less than 5 M

 

[scylla]

PFL contents:


This refers to your application for permanent residence in Canada. I am writing you this letter to express
my serious concerns regarding your application.

Your spouse was convicted of a crime in Canada and I have alleged that he is inadmissible pursuant to
section 36(2)(a) of the Immigration and Refugee Protection Act. Subsequently, you may be inadmissible
to Canada pursuant to section 42(a) of the same Act.

Inadmissible family member
42 (1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible
family member if
(a) their accompanying family member or, in prescribed circumstances, their non-accompanying family
member is inadmissible;

Therefore I am asking you to submit any additional information/documentation that would allay my
concerns. You have until ..... .. to submit the additional information. Please upload your
submissions directly to your MyCIC account.
If you choose not to respond with additional information, or if your submission does not allay these
concerns, your application will be refused.

Please note:

 Any document submitted which are not in English or French must be accompanied by a translation
in either English or French.
 Do not submit originals, unless otherwise stated, as documents submitted will not be returned.
 Please note that we can only accept unzipped PDF, JPG or .doc files that are attached to an email,
totaling less than 5 M

IRCC is asking you to submit evidence to prove your spouse is not inadmissible. If you are unable to prove this, the application will be refused.

 

[Kashcal]

IRCC is asking you to submit evidence to prove your spouse is not inadmissible. If you are unable to prove this, the application will be refused.

I submitted humanitarian argument.
We were so much frustrated with the lawyer and everything. So we didnt appeal for the conviction.
Now after receiving this letter, we realized our mistake.
We are in the process of submitting for the appeal. 30 days window is already passed. So now we are requesting to extend the date of appeal.
Is there any chance for our application to be successful based on humanitarian consideration?
I have been in Canada for around 8 years now. My husband is in Canada for 6 years. We have 3 canadian born children. My husband's parents and 2 of his siblings are also either Canadian Citizens.
I was on study permit for 4 years. 3 years on PGWP and almost 11 months on BOWP (because of his conviction my WP application was being transferred to Edmonton, havent heard anything yet on my application).

 

[scylla]

I submitted humanitarian argument.
We were so much frustrated with the lawyer and everything. So we didnt appeal for the conviction.
Now after receiving this letter, we realized our mistake.
We are in the process of submitting for the appeal. 30 days window is already passed. So now we are requesting to extend the date of appeal.
Is there any chance for our application to be successful based on humanitarian consideration?
I have been in Canada for around 8 years now. My husband is in Canada for 6 years. We have 3 canadian born children. My husband's parents and 2 of his siblings are also either Canadian Citizens.
I was on study permit for 4 years. 3 years on PGWP and almost 11 months on BOWP (because of his conviction my WP application was being transferred to Edmonton, havent heard anything yet on my application).

I don't know if your application has any chance of success. An immigration lawyer would be in the best position to comment. I'm also not sure if it's possible to extend the appeal date.

Part of the answer may depend on the nature of your husband's crime / conviction.

 

[Kashcal]

I don't know if your application has any chance of success. An immigration lawyer would be in the best position to comment. I'm also not sure if it's possible to extend the appeal date.

Part of the answer may depend on the nature of your husband's crime / conviction.

Yes, every case is unique and it depends. But has anyone ever won humanitarian argument in case of criminal inadmissibility? If anyone is aware of any case?