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Question about H&C approval.

compuguy2000

Member
Dec 8, 2019
15
1
Hi Everyone,

Back in September 2020 my lawyer forwarded me the response for my wife's H&C application.

The response was basically "you received a letter advising you that a representative of the Minister of Citizenship and Immigration Canada approved your request for an exemption from certain legislative requirements to allow processing of your application for permanent residence from within Canada."

From what I understand from reading on this forum, that being approved at stage 1 is the hard part of the H&C application and that stage 2 is basically providing any needed information that they ask for. Which we have provided.

The thing that I'm not sure about is the fact that she is not in Canada anymore. She left because of a removal order. After submitting the application. Is there any significance in that?

The lawyer assigned to our case said that our H&C application is basically useless because my wife is no longer in Canada. But then here we are, stage 1 approved.

Should I be worried? In stage 2, as long as she satisfies the remaining items (Medical, Police Certificates, Passport, Right of Residence Fee, and Financials) it should be fine, right? In the RCMP Certificate there was no criminal background, but had a positive in immigration which makes sense because she was fingerprinted by the CBSA before she left Canada. For financials can they really "Not" acknowledge the pandemic situation? For us, we won't be scraping to get by, the basic essentials won't be a worry for us, but we don't have impressive income.

We were preparing an outland sponsorship application before this covid situation came upon us. We haven't sent because certain things aren't in order. I think mainly because we are submitting through a lawyer. They need sworn statements. Not much of a problem for me here Canada. But for my wife (in Guyana) lawyers aren't that plenty. And that country is also affected by the pandemic. In my mind, I'm now thinking if we submit on our own, as long as our signed letters are fully backed up by supporting documents they should not need to be an affidavit because anything we submit is supposed to be true anyways.

I'm just really wondering if it is "really necessary at this point" to submit a sponsorship application. Or is my wife's H&C basically at its finalizing stages?

And also the ARC. I remember reading somewhere on the Canada website that the ARC would automatically taken care if residence is approved. My lawyer asked about it, There are posts about it here but they are about 10 years old (things may have been slightly different in the past). My wife's removal became a deportation. That's what's on her Certificate of Departure. On the Canada website it does mention deportations require an ARC. The letter my lawyer forwarded to me did not mention anything getting an ARC. So I wonder about that too.

.... with this pandemic it's no longer when will we be together again, it's can we be together again... That's how I feel sometimes. It's so depressing.
 
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scylla

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Hi Everyone,

Back in September 2020 my lawyer forwarded me the response for my wife's H&C application.

The response was basically "you received a letter advising you that a representative of the Minister of Citizenship and Immigration Canada approved your request for an exemption from certain legislative requirements to allow processing of your application for permanent residence from within Canada."

From what I understand from reading on this forum, that being approved at stage 1 is the hard part of the H&C application and that stage 2 is basically providing any needed information that they ask for. Which we have provided.

The thing that I'm not sure about is the fact that she is not in Canada anymore. She left because of a removal order. After submitting the application. Is there any significance in that?

The lawyer assigned to our case said that our H&C application is basically useless because my wife is no longer in Canada. But then here we are, stage 1 approved.

Should I be worried? In stage 2, as long as she satisfies the remaining items (Medical, Police Certificates, Passport, Right of Residence Fee, and Financials) it should be fine, right? In the RCMP Certificate there was no criminal background, but had a positive in immigration which makes sense because she was fingerprinted by the CBSA before she left Canada. For financials can they really "Not" acknowledge the pandemic situation? For us, we won't be scraping to get by, the basic essentials won't be a worry for us, but we don't have impressive income.

We were preparing an outland sponsorship application before this covid situation came upon us. We haven't sent because certain things aren't in order. I think mainly because we are submitting through a lawyer. They need sworn statements. Not much of a problem for me here Canada. But for my wife (in Guyana) lawyers aren't that plenty. And that country is also affected by the pandemic. In my mind, I'm now thinking if we submit on our own, as long as our signed letters are fully backed up by supporting documents they should not need to be an affidavit because anything we submit is supposed to be true anyways.

I'm just really wondering if it is "really necessary at this point" to submit a sponsorship application. Or is my wife's H&C basically at its finalizing stages?

And also the ARC. I remember reading somewhere on the Canada website that the ARC would automatically taken care if residence is approved. My lawyer asked about it, There are posts about it here but they are about 10 years old (things may have been slightly different in the past). My wife's removal became a deportation. That's what's on her Certificate of Departure. On the Canada website it does mention deportations require an ARC. The letter my lawyer forwarded to me did not mention anything getting an ARC. So I wonder about that too.

.... with this pandemic it's no longer when will we be together again, it's can we be together again... That's how I feel sometimes. It's so depressing.
You should post your question to the Refugee / Asylum section of the forum. This is where you will find pretty much all discussions on H&C applications.

If your wife requires an ARC (which she will if she was the subject of a deportation order), the $400 fee should be requested at some point as part of the application process so that IRCC can process the ARC to allow her to return to Canada. The ARC step will add additional processing time since it's an additional step. I'm not sure how all of that is going to work with an H&C application since people are usually in Canada when H&C is being processed and there's no need for an ARC. Does IRCC know your wife isn't in Canada? I think I would reach out to IRCC proactively to let them know that an ARC is required since your wife is now outside of Canada.

Anyway, as said above, join discussions in the right part of the forum. You'll find a very active H&C thread there. Suggest you join those discussions.