H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
Appeal is so complicated.And it’d cost more.You should re-apply instead.I don’t know why they made you do all that and then refused you.
Would be helpful if you provided more information about your case so people could suggest options for your next step. When did you arrive in Canada and what was your status, what the basis of your H&C case was, etc.
Would include report cards, any awards, any proof of regular Involvement in sports, volunteering, arts, etc.
Ok, this might be long.
I am married to a canadian citizen, my husband has undischarged bankruptcy and would not be eligible to sponsor. I have 3 stepsons, 11, 9 and 7. My husband has medical condition too that requires consistent medication/maintenance. We can go back to my home country I suppose but that would mean leaving my three stepsons behind and no medical benefits in my home country. I’ve been here 8 years, my only sister is here too. I have no legal status right now and completely dependent to my husband which actually contradicts the you have to support the applicant when my husband has been supporting me all these years. We went straight to h&c instead of applying for spousal since if found ineligible, they would route us too in H&C.
life can be cruel sometimes
What was your status when you originally arrived in Canada? There are many years before you applied for H&C. Who suggested that you not apply for sponsorship and go straight to H&C? Were you not eligible for sponsorship? Has your husband filed for bankruptcy, is he on disability? Does he have any other income other than disability if he Is on disability? Does he have custody of the stepsons?
I was on a work permit. My employer was willing to sponsor me for AINP, while starting the process immigration put a stop on applications because of backlog, during that time there was a 4 year gap and LMO became LMIA which was harder, my consultant messed up my papers while I was trying to buy some time so I don’t get out of status while LMIA was on process, my tourist visa was refused because the 90 day extension passed. (She submitted it too late)
when you have undischarged bankruptcy, you cannot sponsor, you can ask for exemption but it will be routed to h and c as well.
no, he is not on disability. He’s working full time. He has hypothyroidism which he is on maintenance meds, he has hemochromatosis too which requires him to do blood work every now and then otherwise, his organs might collapse.
we have shared custody of my stepsons
Neither of these illnesses require much medical support. One requires you to essentially donate blood every so often that gets disposed Of and Hypothyroidism just requires you to take medication. Yes I know that bankruptcy doesn’t allow you to sponsor a spouse that’s why I asked for the timing of the bankruptcy. What has happened to the bankruptcy? So have you been out of status for around 7 years between losing your job and the h&C?
Hello
Sorry to hear about the outcome on your immigration petition. If you're spouse is a Canadian national, then you can certainly re-apply under section 25 sub section 1 of the IRPA, i.e. H and C considerations. This time, however, include supporting documentation that goes to show your strong establishment in Canada, establishment of any children or family members you may have in Canada, anything you have done to improve yourself during your time in Canada, properly address as to why you can not apply for PR from outside Canada, address that you have worked in Canada, and include reference letters from your employers and former co-workers.
If you do not want to go through this route, you may try the spousal sponsorship after your spouse receives a letter of discharge. This is one of the very few immigration programs operated by the Federal Government where the status of the beneficiary in Canada holds little to no weight. In other words, you may become undocumented, not recommended though, and can still file for immigration benefits through the spousal sponsorship program after your husband's bankruptcy has been settled and dealt with.
Again, sorry about the outcome, I know this is not what you had hoped for.
thank you, your reply is so comforting. I might have to try the spousal with H and c consideration, with the pandemic right now, it’s harder to get all the necessary paperwork but it can be done, it’s just upsetting to go back to square one. My husband’s bankruptcy goes way back, he didn’t fulfill his duties, we tried contacting his trustee to no avail. it was his fault, no doubt about it, i am so confused right now I can’t think straight. We made contact to another trustee, hopefully we’ll receive a reply and we can go from there.