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

[Canadienne_91]

Thanks fir your reply
Actually i applied for my mother h and c , its rejected on monday , in have no idea what to do , her extension expires in September, now they wil dwport her or issue removal order ?any suggestions plz

Hi

I’m sorry to hear about the refusal. In order to be successful in H and C - you need to have a strong application with compelling evidence that the applicant needs to remain in Canada.


It is one of the hardest applications to get an approval for. I spent a lot of time and effort and put together documentation that comprised of hundreds of pages.

With respect to your case, I think what the other member is saying seems logical. Again you need a good lawyer at this point, because you don’t want to add unnecessary hurdles in your moms ways - ignoring proper channels at this stage would seriously exclude your mom from ever being admitted to Canada as a temporary resident.

Assuming she is an Indian national, considering the covid situation in india - I don’t think theres a removal order against her at this point.
She does seem to have a valid stay until September. I think she should return before her stay expires. In my opinion, she should return before becoming a deportable person.

Doing so can potentially improve her chances at securing another non immigrant visa in the future.

 

[Canadienne_91]

Hi Rajvir

1. Your mom is "not" under a removal order at this time. Her status is good until September, based on what you said. I think she should voluntarily leave Canada before her current status expires. This will allow her to apply for another non immigrant visa in the future and she may even be approved. H and C application was filed with the intent to remain in Canada. Immigration intent will not automatically supersede or sway consular officer's decision at the time of making a decision on a non immigrant visa application. However, you will need to clearly address why she applied for PR under H and C and sought an exemption under 25(1) of the IRPA.

2. PRRA application will buy her a few more months, but will permanently exclude her from an non immigration visa considerations in the future. This will be done in light of a factual information that she did try to remain in Canada to the last extent possible.

Again, I am sorry about the outcome - but at this point, a lawyer should give you his/her opinion on what she should do. I think option 1 is perhaps the most logical step in my view.

 

[Canadienne_91]

I concur with the member's statement.

Pre-removal risk assessment package can only be filled out and filed by your mother when she enters an enforcement (ENF) phase following non-compliance. This is something that could potentially be handed over to your mother by CBSA officials. This is not something you and your mother would want to do.

Non-Compliance: She is still complying with her visa conditions but staying beyond the validity of her visa would put her in a non-compliance category, which would then trigger enforcement proceedings. Again, not something you want her to go through.

Best Approach: She should return to India before September and avoid the likelihood of non-compliance OR apply for an extension - it may or may not be approved on the basis of humanitarian concerns in India around covid-19. In the event of a refusal of a visa extension application, she will have 30 days to return to India.

Hope this helps!

 

[canuck78]

Thanks fir your reply
Actually i applied for my mother h and c , its rejected on monday , in have no idea what to do , her extension expires in September, now they wil dwport her or issue removal order ?any suggestions plz

Unfortunately H&C applications are far from guaranteed and is not a replacement for PGP. Many are under the impression or have been counselled that this is an easy way to allow parents to get PR. Agree that her best option is likely to remain compliant with her supervisa or TRV.

 

[RaiSaab108]

Thanks fir your reply
Actually i applied for my mother h and c , its rejected on monday , in have no idea what to do , her extension expires in September, now they wil dwport her or issue removal order ?any suggestions plz

Hi Rajvir

May I ask you about what were the grounds of your mother's h and c application ?

 

[Canadienne_91]

Hi Rajvir

May I ask you about what were the grounds of your mother's h and c application ?

Hi @RaiSaab108

Is your son a permanent resident of Canada? In your earlier posts you mentioned that your son has a medical problem, and your and your wife's H and C application is based on his condition. In other words, you're requesting an exemption from the requirement to apply for PR from outside Canada based on your son's condition. You also mentioned something about the Best interests of a child. If your son arrived in Canada as an immigrant, then he must have arrived here after the age of 18, therefore, your case is not a best interest of a child (BIOC) case and the officer will consider your son's situation as a whole during the balance of probabilities analysis but will not treat it as a BIOC.

In its absence, you will need a lot of documentation showing your and your wife's establishment in Canada. You can submit evidence to demonstrate that at any time up until your application progresses to an in process stage.

 

[Sanjida29]

Hi all,
i submit my H&C application 2019 July, I am wondering do I need to submit new evidence such as Volunteer letter, donations letter, tax letter or my pay stub, or any letter from Friends.
I know I need to show my establishment in Canada but what I will do if I don’t know many people or what is the other sources I can show my establishment in Canada. Please help my lawyer is not Helping me that much. What I can do to make my file better.

 

[Ace_Bailey]

Hi all,
i submit my H&C application 2019 July, I am wondering do I need to submit new evidence such as Volunteer letter, donations letter, tax letter or my pay stub, or any letter from Friends.
I know I need to show my establishment in Canada but what I will do if I don’t know many people or what is the other sources I can show my establishment in Canada. Please help my lawyer is not Helping me that much. What I can do to make my file better.

Hi Sanjida,
I think submit as much as you can even after you sent most stuff. I was told that pictures, letter from friends, volunteer work, church, etc are very important, because it shows you have close friends and that you're in a community. Anything that would prove/show that you've established yourself here.
Can you share your timeline?

 

[RaiSaab108]

Hi @RaiSaab108

Is your son a permanent resident of Canada? In your earlier posts you mentioned that your son has a medical problem, and your and your wife's H and C application is based on his condition. In other words, you're requesting an exemption from the requirement to apply for PR from outside Canada based on your son's condition. You also mentioned something about the Best interests of a child. If your son arrived in Canada as an immigrant, then he must have arrived here after the age of 18, therefore, your case is not a best interest of a child (BIOC) case and the officer will consider your son's situation as a whole during the balance of probabilities analysis but will not treat it as a BIOC.

In its absence, you will need a lot of documentation showing your and your wife's establishment in Canada. You can submit evidence to demonstrate that at any time up until your application progresses to an in process stage.

Hi Canadienne_91

Can you please explain the last line of your comment regarding my post which says "You can submit evidence to demonstrate that at any time up until your application progresses to an in process stage."

Thanks

 

[Rajvir2456]

I concur with the member's statement.

Pre-removal risk assessment package can only be filled out and filed by your mother when she enters an enforcement (ENF) phase following non-compliance. This is something that could potentially be handed over to your mother by CBSA officials. This is not something you and your mother would want to do.

Non-Compliance: She is still complying with her visa conditions but staying beyond the validity of her visa would put her in a non-compliance category, which would then trigger enforcement proceedings. Again, not something you want her to go through.

Best Approach: She should return to India before September and avoid the likelihood of non-compliance OR apply for an extension - it may or may not be approved on the basis of humanitarian concerns in India around covid-19. In the event of a refusal of a visa extension application, she will have 30 days to return to India.

Hope this helps!

Thanks for your reply , i am in very critical situation, shez around65 and situation in india is worst due to virus i have no idea what to do , if she go back , and she wants to come then they will allow her ? My concern is that , its hard for her to live there. Otherwise i have to wait for pgp sponsorship that i dont know .
The officer just send the refusal letter , is this automatically means removal orders

 

[Sanjida29]

Hi Sanjida,
I think submit as much as you can even after you sent most stuff. I was told that pictures, letter from friends, volunteer work, church, etc are very important, because it shows you have close friends and that you're in a community. Anything that would prove/show that you've established yourself here.
Can you share your timeline?

Thank you very much. Here is my timeline

1. We received your application for permanent residence on July 16, 2019.
2. We sent you correspondence acknowledging receipt of your application(s) on September 11, 2019.
3. We started processing your application on March 6, 2020.

 

[Canadienne_91]

Hi Canadienne_91

Can you please explain the last line of your comment regarding my post which says "You can submit evidence to demonstrate that at any time up until your application progresses to an in process stage."

Thanks

It means you can submit any evidence or a letter of any type up until the time your application gets picked up by a consular office for processing that you think can improve your chances.

- H and C applications are generally not successful when filed by both partners because they can take care of themselves, unless your circumstances are exceptional and warrant relief. This is due to the fact that IRCC thinks that the two of you can support each other in your country of origin.

- If your son is under the age of 18, then it could become a best interest of a child case. If not, then the chances of winning are slim. BIOC case acceptance rate is usually higher than non BIOC cases.

Your case will be decided depending on the quality of your documentation. But if you arrived here as visitors recently and applied for PR under H and C considerations, then it does not go to show that you have established here. H and C is for people who have resided in Canada for years.

 

[Canadienne_91]

Thanks for your reply , i am in very critical situation, shez around65 and situation in india is worst due to virus i have no idea what to do , if she go back , and she wants to come then they will allow her ? My concern is that , its hard for her to live there. Otherwise i have to wait for pgp sponsorship that i dont know .
The officer just send the refusal letter , is this automatically means removal orders

Hi

I sympathize with your situation. Here are your options:

1. Your mom is not under any kind of removal proceedings. Her application for PR has been refused, and it does not mean that she has now become a deportable person. She has a valid status until September so she can stay in Canada until her status expires. The letter does not automatically mean a removal order - it is a refusal letter for H and C, and that is exactly what it means.

2. She can apply for a visitor record, i.e. visa extension before her current status expires. She must do so 30 days in advance. In your letter, you can cite the health problems in India around covid-19 and the case processing officer can consider that along with the other documentation in her application package. But they will also need to consider the probability of her leaving Canada at some point, and a decision will be made on the basis of that as well.

If her visa extension application is refused, she will then have 30 days to leave Canada before she gets put into enforcement stream.

You also raised a question about her ability to secure a non immigrant visa in the future. If I am being honest, it will be tricky but then it is also dependent on the kind of lawyer you'd retain to handle her case.

Her H and C refusal will have no impact on her potential PGP application. But she would need to leave India and be in a country where she has a legal status in order for PGP to get processed with favorable results.

 

[Rajvir2456]

Hi

I sympathize with your situation. Here are your options:

1. Your mom is not under any kind of removal proceedings. Her application for PR has been refused, and it does not mean that she has now become a deportable person. She has a valid status until September so she can stay in Canada until her status expires. The letter does not automatically mean a removal order - it is a refusal letter for H and C, and that is exactly what it means.

2. She can apply for a visitor record, i.e. visa extension before her current status expires. She must do so 30 days in advance. In your letter, you can cite the health problems in India around covid-19 and the case processing officer can consider that along with the other documentation in her application package. But they will also need to consider the probability of her leaving Canada at some point, and a decision will be made on the basis of that as well.

If her visa extension application is refused, she will then have 30 days to leave Canada before she gets put into enforcement stream.

You also raised a question about her ability to secure a non immigrant visa in the future. If I am being honest, it will be tricky but then it is also dependent on the kind of lawyer you'd retain to handle her case.

Her H and C refusal will have no impact on her potential PGP application. But she would need to leave India and be in a country where she has a legal status in order for PGP to get processed with favorable results.

Thank you very much , i dont any good lawyer,

 

[Canadienne_91]

Thank you very much , i dont any good lawyer,

Hi Rajvir

I have outlined all the options you have at the moment. She will need to depart Canada at some point in order to keep her record clear and intact.

You may contact this law firm - rest assured, they are very good at handling complex immigration cases, and will tell you what your options are on the spot, but they will be the same as the ones I just informed you on.

https://www.bellissimolawgroup.com/

You may have to pay 350 CAD consultant fee to speak with Mario Bellissimo (Founder of the Law Firm)