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

Latin40

Hero Member
Dec 6, 2018
313
384
Hi my friends, I have a big concern. I wrote to my 2nd stage officer if my kid that become 18 must submit documents and they say yes. That's ok. But know they said that we need to submit RCPM fingerprints for obtain criminal records from Canada. Even when my first stage approvement said that we dont need because we submited fingerprints when we asked refugee claimaint. Does anyone have this same problem? What should I do? Please your advise. Thanks.
@Ayanna please your advise. Do I have to ask my criminal records from canada?
 
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Ayanna

VIP Member
Oct 4, 2020
3,019
6,925
Hi my friends, I have a big concern. I wrote to my 2nd stage officer if my kid that become 18 must submit documents and they say yes. That's ok. But know they said that we need to submit RCPM fingerprints for obtain criminal records from Canada. Even when my first stage approvement said that we dont need because we submited fingerprints when we asked refugee claimaint. Does anyone have this same problem? What should I do? Please your advise. Thanks.
Now I see them they asking a lot of people RCMP background check before ours days there was no RCMP background check they never ask me do used to do them self I don’t know what to say but if I was your shoes I will be prepared in case if they sent you one because I see the other people are getting delay because of rcmp fingerprints like @Juneplum many more
 

Growing pains

Hero Member
Apr 3, 2020
466
414
Hi my friends, I have a big concern. I wrote to my 2nd stage officer if my kid that become 18 must submit documents and they say yes. That's ok. But know they said that we need to submit RCPM fingerprints for obtain criminal records from Canada. Even when my first stage approvement said that we dont need because we submited fingerprints when we asked refugee claimaint. Does anyone have this same problem? What should I do? Please your advise. Thanks.
You should do whatever they ask for;otherwise,it will delay your arrival back to Canada.
 

Latin40

Hero Member
Dec 6, 2018
313
384
Now I see them they asking a lot of people RCMP background check before ours days there was no RCMP background check they never ask me do used to do them self I don’t know what to say but if I was your shoes I will be prepared in case if they sent you one because I see the other people are getting delay because of rcmp fingerprints like @Juneplum many more
Omg, I just received that email. And I asked her why they asked for that, if the aip letter said that we didnt need to submit that. Officer answers me that she will ask... but as you said better to be prepared. I will work on that. Snif snif
 

Jeps

Full Member
Jul 1, 2021
30
15
Hi. May be you need to give more details. Much that I know, Judicial Reviews are majorly Lawyers arguments versus judgements from the Jurors. Even if your hubby is invited, he will just sit, watch and listen. They won’t ask him questions and he cannot contribute.

so,you may need to give more clarification though Ayanna and other will learn their thoughts and understanding.

what I can add is that if JR gets to this stage, it is 80% assurance that it will end positive. Many lawyers don’t even allow their clients to follow them to JR hearing. In any case, I wish you and your hubby success. But, it is important to let us know the true situation to guide us and help others in this forum.
Thanks so much for your response
 
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Swagzzy

Hero Member
Jan 28, 2020
391
503
Hi all, I’ll like to make clarification here on something I have read so much about on this forum and which prompts me to make research and I also speak with different immigration lawyers on same subject.

people here often say if you apply for JR and H&C at the same time that one will be on hold until decision is made on the other. This is NOT correct as I have clarification that they are treated separately and accordingly depending on when each application were submitted. One does not put the other on hold. JR is specifically legal review that goes straight to court and get attention of judges with communication between the counsel and the assigned judge while H&C goes directly to the H&C department of immigration which gets attention of H&C immigration officer.

what this means is that they are treated respectively but as soon as one reaches positive decision stage, the other is suspended or disregarded nonetheless, if one gets a negative decision, the other gets through its full process.

I hope this helps us to understand the processes much better especially those of us in this situation.
 

LAStudent

Full Member
Oct 2, 2021
44
31
I don't know who talked about gcms notes previously, but it takes longer than usual nowadays. I have been waiting for it since October 3rd and I haven't gotten anything, but the receipt and temporary tracking number. I emailed them today.
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,526
Hi all, I’ll like to make clarification here on something I have read so much about on this forum and which prompts me to make research and I also speak with different immigration lawyers on same subject.

people here often say if you apply for JR and H&C at the same time that one will be on hold until decision is made on the other. This is NOT correct as I have clarification that they are treated separately and accordingly depending on when each application were submitted. One does not put the other on hold. JR is specifically legal review that goes straight to court and get attention of judges with communication between the counsel and the assigned judge while H&C goes directly to the H&C department of immigration which gets attention of H&C immigration officer.

what this means is that they are treated respectively but as soon as one reaches positive decision stage, the other is suspended or disregarded nonetheless, if one gets a negative decision, the other gets through its full process.

I hope this helps us to understand the processes much better especially those of us in this situation.
There are many examples of where H&C was put on hold while JR was in process. Yes they are separate applications. The government doesn’t want to process both applications because one application could be approved and they would have wasted resources processing both applications at the same time.
 

Lexus2021

Hero Member
Sep 7, 2021
288
495
I don't know who talked about gcms notes previously, but it takes longer than usual nowadays. I have been waiting for it since October 3rd and I haven't gotten anything, but the receipt and temporary tracking number. I emailed them today.
I got my gcms not in 5 weeks Officer hold my final review because rcmp fingerprints
I’m still waiting on rcmp fingerprints
I did before in case
I get email last week from niagara Falls office requested a rcmp fingerprints certificate for final review lol
I’m ahead of the time
 

Katayoon

Champion Member
Nov 19, 2011
1,631
2,004
Job Offer........
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Hi all, I’ll like to make clarification here on something I have read so much about on this forum and which prompts me to make research and I also speak with different immigration lawyers on same subject.

people here often say if you apply for JR and H&C at the same time that one will be on hold until decision is made on the other. This is NOT correct as I have clarification that they are treated separately and accordingly depending on when each application were submitted. One does not put the other on hold. JR is specifically legal review that goes straight to court and get attention of judges with communication between the counsel and the assigned judge while H&C goes directly to the H&C department of immigration which gets attention of H&C immigration officer.

what this means is that they are treated respectively but as soon as one reaches positive decision stage, the other is suspended or disregarded nonetheless, if one gets a negative decision, the other gets through its full process.

I hope this helps us to understand the processes much better especially those of us in this situation.
Usually JR is submitted before new HC because you have deadline to submit JR (15 days from decision letter), while new HC has no deadline. So normally we rush to submit JR and then take our time to prepare new HC. What then happens is that, when new HC is received and they know there is outstanding JR, they do not waste time and hold HC until until JR decision is made.
This is what happened to our first HC, when my partner's PR revocation was being decided in federal court. They opened HC as soon as JR was rejected. But not before then.