H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
@Katayoon . They send it on Saturdays too. So today is not even too late yet
I’m not sure about these officers. My experience…
1- I got LMIA interview on Saturday
2- I got another LMIA on Dec 31st
So everything is possible lol
If you are requesting an exemption because you or a family member are inadmissible, or do not meet any applicable criteria or obligation of the Immigration and
Refugee Protection Act, you must:
• clearly indicate in your application the specific exemption(s) you are requesting; and
• provide all details related to this request, including the reasons why you should be granted an exemption on humanitarian and compassionate grounds.
Can someone explain in a lame's man language what this question is all about? One major thing I do not understand is what kind of exemption are they referring to? Below are exemptions I find on the IRCC website :
From my understanding of the question,I am guessing is:
1) "specific exemption(s)" is this referring to grounds for h& c such as hardship, medical reason etc ....... Right ?
2) . Unfortunately, I can find hardship as part of the exemption. is it linked to financial exemption?
2) "provide all details related to this request", Is this referring for me to providing more details or describing each ground and also reasons I should be granted exemptions? .
Refugee Protection Act, you must:
• clearly indicate in your application the specific exemption(s) you are requesting; and
• provide all details related to this request, including the reasons why you should be granted an exemption on humanitarian and compassionate grounds.
Can someone explain in a lame's man language what this question is all about? One major thing I do not understand is what kind of exemption are they referring to? Below are exemptions I find on the IRCC website :
- Criminal inadmissibility [A36(1) and A36(2)] (this does not apply to me)
- Medical inadmissibility [A38(1)] (This applies to me)
- Inadmissibility of family members [A42] (does this have anything to do with members of family one have added to the application that does not qualify for h&c ?)
- Financial inadmissibility – social assistance [A39] (Not sure if this connect with hardship)
From my understanding of the question,I am guessing is:
1) "specific exemption(s)" is this referring to grounds for h& c such as hardship, medical reason etc ....... Right ?
2) . Unfortunately, I can find hardship as part of the exemption. is it linked to financial exemption?
2) "provide all details related to this request", Is this referring for me to providing more details or describing each ground and also reasons I should be granted exemptions? .
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you are inadmissible to Canada because you failed to comply with IRPA by overstaying visa. You do no not have Medical inadmissibility - your depression does not make you inadmissible to Canada, it is your HC factor that you are using to overcome your inadmissibility. You are confusing inadmissibility reasons with HC grounds.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusals-overview.html
- Any grounds for inadmissibility according to the Act [subsections A34 to 42], that is grounds related to any of the following:
- security
- human or international rights violations
- criminality
- organized crime
- health
- financial reasons
- misrepresentation
- non-compliance with the Act (this is what applies to you)
- inadmissible family member
details of your HC grounds can be given in supporting documents.
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Thanks for the detailed response. It is now beginning to make sense to me now.
The second lawyer I was using wrote exemption for financial reasons and medical reasons.. Why do you think she wrote both as a reason.? That was what really confused me...
From my understanding of what you wrote, " non-compliance with the Act" means that an applicant did not abide with the terms and conditions of their valid visa by overstaying ..Is that correct?
If so, that 100% applies to me.
Please note: I have ended my contract with this lawyer as it is evident she is leading me into a sinking ship.No wonder when I ask her questions about anything she doing on my application, she always avoid it .
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One more question I will like to ask just to be 100% sure. I understood you correctly...
non-compliance with the Act----since this applies to me, I will have to list all the h&c grounds such as hardship, medicals establishment, etc that should exempt me from "non-compliance with the Act"....am I right?
Yes. Correct.
I think your lawyer meant exemption from inadmissibility due to non-compliance with IRPA on the following HC grounds: depression due to family loss (medical), difficulty to find job or reconstruct business back home (financial reasons). Again, we have to be careful not to mix inadmissibility grounds with HC grounds. Your depression and financial difficulties are grounds to grant you exemption from inadmissibility, they are not the reason for your inadmissibility.
That makes PERFECT SENSE........Now, i 100% understand your explanation.I will recommend or suggest you consider practicing as an immigration lawyer or consultant. If not now, maybe in the future. Your explanation is very concise and clear.
I think my lawyer wants to lead me to a sinking ship. this is why I ended my contract with her
Thank you once again. very grateful
But what about people who don’t have inadmissible issues but they apply for PR because they need exemption due to their humanitarian case ?