chances of approval to humanitarian and compassionate cases

[Rob_TO]

@ scylla
i got a similar case.. was found ineligible for spousal sponsorship because i did not declare my girlfriend as a common-law partner. we were in saudi before and had no idea that we met the qualifications for common-law and when i received my pr on 2013 i was not aware and not advised by our consultant to declare her. she arrived here last nov. 2014 under lcp, got married jan. 2015 and filed sponsorship april 2015. based on the letter from the officer who handled our case, he is adivising my spouse to file for a supplementary information on humanitarian and compassionate considerations, stating that he has "determined an exemption from that eligibility requirement under subsection 25 (1) of the Immigration and Refugee Protection Act may apply. As such, we are transferring your application to the Backlog Reduction Office in Vancouver, who will make a final decision on your application for permanent residence. i have read that there is a small chance of getting approval under h&c, however, im still getting my hopes up and taking all the risk and chances that my spouse will get an approval. do you think there's a chance for approval or she will be issued a removal order. thanks!

Based on all other similar cases, there is practically no chance of success. What is the "exemption" that was mentioned?

And hopefully CIC doesn't decide to proceed with revoking your own PR status for misrepresentation.

She should be looking at ways to immigrate independently. Or if that's not possible, you could consider renouncing your own PR status and leaving Canada, and then trying to re-apply again from scratch but this time including her in your application.

 

[torontosm]

Hi


It wouldn't happen if you were born in Canada

It actually could happen if you were a dual-citizen, at least under the current laws.

 

[WackS]

Based on all other similar cases, there is practically no chance of success. What is the "exemption" that was mentioned?

And hopefully CIC doesn't decide to proceed with revoking your own PR status for misrepresentation.

She should be looking at ways to immigrate independently. Or if that's not possible, you could consider renouncing your own PR status and leaving Canada, and then trying to re-apply again from scratch but this time including her in your application.

Marginal note:Humanitarian and compassionate considerations — request of foreign national

25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

 

[Rob_TO]

Marginal note:Humanitarian and compassionate considerations — request of foreign national

25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

So what is your H&C reason??

If it's simply that you got bad advice from a lawyer or that you didn't understand the rules at the time, unfortunately I don't think this has any chance of success. Of course just my opinion and CIC or appeals court as always has the final word.

 

[zardoz]

This is somewhat confusing as the applicant for PR is not inadmissible in this case, but ineligible to be sponsored as they are not a member of the Family Class. Does 25(1) even apply?

 

[CSMM]

It's happening exactly the same for me, they sent my papers to Vancouver as Humanitarian and compassionate Considerations, Because my sponsor did not declared me. Do you have any update? Did you get any work permit?

 

[truesmile]

This is somewhat confusing as the applicant for PR is not inadmissible in this case, but ineligible to be sponsored as they are not a member of the Family Class. Does 25(1) even apply?

I don't believe it does. You can read of many such cases in the CANLII database, they are ALL refused, ALL of them. (Even the sad ones that you and I might think merit reconsideration).

 

[Shaine0323]

It happened to me. I received my AIP last July 2017 and got my OWP on October.

 

[Noel1972]

Pls what is AIP and OWP? I have a similar case. Does this mean your case was approved? In my case, my wife had a baby in between and I notified CIC and my baby was granted PR even though my wife and first daughter were still refused on the basis that they were not initall