chances of approval to humanitarian and compassionate cases

[chagee]

if you will apply for humanitarian and compassionate considearation grounds of MISREPRESENTATION, is there any chances of approval or winning this kind of case?what's the percentage? and what are the consequences if you pursue this application

 

[scylla]

It looks like you received your PR visa as a single person, got married and then landed and became a PR without adding your spouse to your application.

If that's accurate, the chances of H&C succeeding are extremely low. No one here will be able to give you a percentage.

 

[chagee]

is there any other way i can do to have my husband come over?

 

[chagee]

what are the consequences if i will pursue this application?

 

[scylla]

is there any other way i can do to have my husband come over?

You can't sponsor him.

He will have to qualify to immigrate independently.

 

[canadianwoman]

what are the consequences if i will pursue this application?

You will waste a lot of time waiting for the appeal, and a lot of money to pay for a lawyer - for this type of case, you will need one. Then in the end you will lose.

It is far better to investigate how your husband can apply to come to Canada on his own. There are other classes of immigrants. The amount of time and money needed to pursue the humanitarian and compassionate application would be better spent educating him so that he can qualify under one of these other immigrant streams.

For example, let's say you apply to sponsor him. It will take a year for the visa office to process the application, at least. It will be refused. You then appeal, and spend more than two years waiting for the appeal, which you lose. In those three or four years, he could possibly get some kind of degree that would allow him to immigrate to Canada.

 

[Fencesitter]

What if the PR becomes a naturalized citizen? Would it be possible to sponsor in that situation? Or will it always be refused because when the PR became a PR, he/she forgot to include his/her spouse??

I'd go the route of trying to secure a job from a company willing to sponsor him. In the meantime, I'd go with the other suggestion of doing some continuing education.

FS

 

[truesmile]

can he swim ?

LMAO!

Think he is forever 'excluded' from the Family Class, as he was similarly 'excluded' from his spouse's PR app.

 

[canadianwoman]

What if the PR becomes a naturalized citizen? Would it be possible to sponsor in that situation? Or will it always be refused because when the PR became a PR, he/she forgot to include his/her spouse??

He will always be refused, because when the PR became a PR she did not declare him. It doesn't matter if she becomes a citizen or not. These cases virtually never win on appeal. There is no way any judge is going to believe someone just forgot to include his or her spouse.

 

[scylla]

What if the PR becomes a naturalized citizen? Would it be possible to sponsor in that situation? Or will it always be refused because when the PR became a PR, he/she forgot to include his/her spouse??

Doesn't change a thing. Her husband is excluded from being sponsored forever.

On top of that, her PR / citizenship will technically never be safe (i.e. could be revoked by Canada) since she committed misrepresentation when she landed and obtained her PR status.

 

[Fencesitter]

I was wondering...if you were born and raised in Canada, what would happen if one day the government revoked your citizenship? I mean, you would be without citizenship in any country...

FS

 

[PMM]

Hi

I was wondering...if you were born and raised in Canada, what would happen if one day the government revoked your citizenship? I mean, you would be without citizenship in any country...

FS

It wouldn't happen if you were born in Canada

 

[Spousewaiting]

if you will apply for humanitarian and compassionate considearation grounds of MISREPRESENTATION, is there any chances of approval or winning this kind of case?what's the percentage? and what are the consequences if you pursue this application

wat if if you have a child who is a canadian citizen is tjere a chance to grant your request

 

[scylla]

wat if if you have a child who is a canadian citizen is tjere a chance to grant your request

If your situation is the same as the one described above (i.e. your spouse failed to declare you before landing) - then no, a Canadian citizen child doesn't change anything.

 

[WackS]

@ 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!