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

Canadienne_91

Star Member
May 15, 2020
83
51
Unfortunately many feel that a single parent guarantees PR based on H&C and many attempt this when they can’t secure a spot through PGP. Claiming H&C then can make it very difficult to get a TRV or supervisa. People will often apply thinking there are zero repercussions if they try H&C.

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/421303/index.do
It is not based on one having a single (lone) parent - most of the time, the application of this nature is made on the basis of other relevant factors. Being able to converse in English, access to employment upon being granted residency so on and so forth.

Applicants personal circumstances get evaluated as well. The case you cited is not relevant to my mom's case. Our circumstances are vastly different.

There have also been Federal Court (FC) cases where even convicted parents of adult Canadian citizens were granted the right to resume residency back in Canada who would otherwise not meet the PRTD requirements on the basis of H and C grounds.

Every case is different - and some of them have valid reasons that do fall under H and C and have been granted the right to remain in Canada (as you can see from some of the previous posts).

It is all dependent on the quality of evidence you have to back up your claim.
 
Last edited:

anhcanada2702

Star Member
Jul 9, 2018
51
9
I don’t know how it works but mine moves to “in process” after 23 months.
Maybe you’ll get AIP without the status changing on ECAs, remember that the website is not always updated
Maybe mine will move to “In process” next month as 23 months I hope.
Did you get AIP? What is your ground?
Thanks!
 

M0527

Star Member
Oct 31, 2018
178
86
Maybe mine will move to “In process” next month as 23 months I hope.
Did you get AIP? What is your ground?
Thanks!
Maybe
No, I’m still waiting for the next step. I read people got AIP within a couple of weeks and other months or even a year after start to processing so I’m just waiting trying to not lose the hope
 

mrs_mc

Full Member
May 14, 2020
34
10
Maybe
No, I’m still waiting for the next step. I read people got AIP within a couple of weeks and other months or even a year after start to processing so I’m just waiting trying to not lose the hope
Me too, trying to hang in there. Hopefully we’ll receive some good news soon. I checked the current processing time and it says 29 months, so at least we’re halfway there.
 
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M0527

Star Member
Oct 31, 2018
178
86
Me too, trying to hang in there. Hopefully we’ll receive some good news soon. I checked the current processing time and it says 29 months, so at least we’re halfway there.
I know but that doesn’t mean it will be exactly 29 months, that is the tricky thing about this whole process
 

mrs_mc

Full Member
May 14, 2020
34
10
I know but that doesn’t mean it will be exactly 29 months, that is the tricky thing about this whole process
yeah, that’s right but even if it takes longer, we’re still halfway there. We already waited so long, looking at the pace they’re processing applications gives me a little hope, it might be 29 months until AIP, after that I don’t mind waiting a little longer, I wanna feel normal again lol
 
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Àmaanz

Member
Jul 10, 2019
12
2
Hi...This is my time line and still.we did not get any intimation. With medical reports we submitted police verification certificates and PR fee they asked. Just checked application status. it is " in process" still. While the new processing time for H&C on the website is now 29 months. Hope it is normal thing. What do you think how long it will take?
  1. We received your application for permanent residence on January 20, 2018.
  2. We sent you correspondence acknowledging receipt of your application(s) on February 13, 2018.
  3. We started processing your application on March 10, 2019.
  4. We sent you correspondence on March 10, 2019. If you have not yet provided the information or the requested documents, please do so as soon as possible. Please wait until you receive the correspondence before sending us additional information, as the correspondence will outline all information that is required.
  5. We sent you medical instructions on March 12, 2019. To avoid delays, please provide us the information requested in the letter as soon as possible. Please consider delays in mail delivery before contacting us.
  6. Medical results have been received.
 
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mrs_mc

Full Member
May 14, 2020
34
10
Hi...This is my time line and still.we did not get any intimation. With medical reports we submitted police verification certificates and PR fee they asked. Just checked application status. it is " in process" still. While the new processing time for H&C on the website is now 29 months. Hope it is normal thing. What do you think how long it will take?
  1. We received your application for permanent residence on January 20, 2018.
  2. We sent you correspondence acknowledging receipt of your application(s) on February 13, 2018.
  3. We started processing your application on March 10, 2019.
  4. We sent you correspondence on March 10, 2019. If you have not yet provided the information or the requested documents, please do so as soon as possible. Please wait until you receive the correspondence before sending us additional information, as the correspondence will outline all information that is required.
  5. We sent you medical instructions on March 12, 2019. To avoid delays, please provide us the information requested in the letter as soon as possible. Please consider delays in mail delivery before contacting us.
  6. Medical results have been received.
Did you get AIP? I think you’re almost there, keep us updated!
 
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canuck78

VIP Member
Jun 18, 2017
55,710
13,566
Did you get AIP? I think you’re almost there, keep us updated!
Think the question should be will his family be approved. This family is from Italy and arrived as Canada as visitors and applied for PR based on H&C after 6-12 months. It is already tough to prove that you should get PR based on H&C but
if you arrive as visitors with your spouse and 4 children it is really difficult. Coming from Italy where you can move around the EU this is Unusual case. Not sure what H&C reasons they have but it seems as though they have not been given great legal advice. Their previous posts have even stated they also feel like they have not been given good advice.
 

mrs_mc

Full Member
May 14, 2020
34
10
Think the question should be will his family be approved. This family is from Italy and arrived as Canada as visitors and applied for PR based on H&C after 6-12 months. It is already tough to prove that you should get PR based on H&C but
if you arrive as visitors with your spouse and 4 children it is really difficult. Coming from Italy where you can move around the EU this is Unusual case. Not sure what H&C reasons they have but it seems as though they have not been given great legal advice. Their previous posts have even stated they also feel like they have not been given good advice.
Yeah, but the decision is almost there, it can be in their favor or not, who’s to say? Though, I always wanna remain optimistic and wish everyone positive results. We’re all here hoping for the same thing, but for various reasons. I’m asking if they received AIP before medicals cuz I’m wondering myself. Some received AIP first before medical.
 
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canuck78

VIP Member
Jun 18, 2017
55,710
13,566
Yeah, but the decision is almost there, it can be in their favor or not, who’s to say? Though, I always wanna remain optimistic and wish everyone positive results. We’re all here hoping for the same thing, but for various reasons. I’m asking if they received AIP before medicals cuz I’m wondering myself. Some received AIP first before medical.

There is no longer an order.
 
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Naz786

Hero Member
Oct 23, 2019
399
407
Hi...This is my time line and still.we did not get any intimation. With medical reports we submitted police verification certificates and PR fee they asked. Just checked application status. it is " in process" still. While the new processing time for H&C on the website is now 29 months. Hope it is normal thing. What do you think how long it will take?
  1. We received your application for permanent residence on January 20, 2018.
  2. We sent you correspondence acknowledging receipt of your application(s) on February 13, 2018.
  3. We started processing your application on March 10, 2019.
  4. We sent you correspondence on March 10, 2019. If you have not yet provided the information or the requested documents, please do so as soon as possible. Please wait until you receive the correspondence before sending us additional information, as the correspondence will outline all information that is required.
  5. We sent you medical instructions on March 12, 2019. To avoid delays, please provide us the information requested in the letter as soon as possible. Please consider delays in mail delivery before contacting us.
  6. Medical results have been received.
Now the immigration process is different the medical background and fee first then Aip or Decision hope for positive answer
Mine everything is done just waiting for Aip or PR

good luck with your application
 
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