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Family class sponsorship with H&C consideration???

Ponga

VIP Member
Oct 22, 2013
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The OP does have other concerns that have not been shared publicly, but may in fact have a case for H&C consideration. Perhaps the OP will share some of them here to give more insight to the whole situation.
 

VioletBlue

Hero Member
Aug 30, 2013
306
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Oh there are some basis for H&C consideration request....we have One daughter together and another baby on the way in about 10 weeks.

I've been here for 8 y now and my patents are Muslim and don't accept my marriage with a Native american man who is also a different religion.

Sorry for being vague in my original post.

We are requesting the family maitnance papers to see what exactly they show and how much he needs to pay off....and borrowing money elsewhere is a good idea that might make all the difference!
 

abouttoland

Full Member
Aug 26, 2013
22
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sorry, but to me that doesn't seem to meet the criteria -

in my case, i have 2 dual citizen daughters - I was being deported as an overstay (my ex who is Canadian made a tip off), my initial HC was denied and it took a Federal Court Judicial Review to finally get it accepted
 

VioletBlue

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Aug 30, 2013
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With all due respect I think my case is stronger than yours...I Am married to my husband who is canadian citizen by birth and also 1st nation...we have one child together soon we'll have two...I have a stepdaughter here who I've lived since she was 5(she's 13) now. And I am at risk of suffering undue and undeserved hardship if sent back....my family is Muslim and don't accept my marriage to a man who is a different religion AND race

Just curious...did u have any other reasons in your application other that your two daughters?
 

txboyscout

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Jun 9, 2009
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VioletBlue said:
With all due respect I think my case is stronger than yours...I Am married to my husband who is canadian citizen by birth and also 1st nation...we have one child together soon we'll have two...I have a stepdaughter here who I've lived since she was 5(she's 13) now. And I am at risk of suffering undue and undeserved hardship if sent back....my family is Muslim and don't accept my marriage to a man who is a different religion AND race

Just curious...did u have any other reasons in your application other that your two daughters?
I still think that you have a very weak case at best. However, I am not the one making the decision so.....

It seems like applying H&C is your only option. In this case you should do it even if you are sure it would be denied, because you really have nothing to loose.
 

VioletBlue

Hero Member
Aug 30, 2013
306
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How is having 2 kids and being married to a canadian cirizen and living here for 8y etc etc a weak case at best?....anyways in the link I posted earlier says that application with a request for H&C consideration ..IF they are refused are transfered to H&C class....so it won't hurt to try...

Thank god you guys aren't the ones making the decisions ;)
 

txboyscout

Hero Member
Jun 9, 2009
563
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03-08-2011
VioletBlue said:
How is having 2 kids and being married to a canadian cirizen and living here for 8y etc etc a weak case at best?....anyways in the link I posted earlier says that application with a request for H&C consideration ..IF they are refused are transfered to H&C class....so it won't hurt to try...

Thank god you guys aren't the ones making the decisions ;)
He has not managed to sponsor you 8 years into your relationship? If you were not here legally, you really cannot expect the govt to reward you for your unlawful presence. If you were here legally than you fully understand that no one promised you permenant residence but giving you a temp visa.

If the govt accepted having minor kids in Canada as H&C, then there would be some deserted counties in some parts of the world
 

thess38

Member
Jan 26, 2014
12
0
in my case.. i came here as a dressmaker unfortunately my former employer let me work for a long period of time i start work at 8am in other location which is dry cleaning done at 12noon to sent to dress shop until 8pm sometime 9pm but they only pay me 8 hours in total and 7 days a week but only paid 40 hours.. in my contract it just stated that my work is dressmaker..so i talk to to give some consideration to take a rest even 1 day. but its takes 1 months before she approve it..so i decided to switch job into the live in caregiver..

After 24 months i renew my work permit under live in caregiver and the remarks i've got are, LMo3____ valid for 2 years, as of nov 2013 no longer in live in caregiver program. eligible to apply for permanent resident after completing requirements. so i apply for PR together the open work permit. after 2 1/2 months they granted me open work permit unlucky on january 22,2014 i received email that my application for caregiver is refused. the officer saying that im not in the category of live in caregiver "class"


im the only one who supported my kids.. my common law partner is just a farmer sometimes there is always calamity in the philippines which is really affected us.if i will send back home i will pretty sure i cant find work because in the philippines there is age limit to look for a job until 22 only..my main concern i cannot send my children to the university probably they will stop schooling and no more food to eat.. and my second concern is my parents..i am supporting them too as well. or their food, medical treatment most especially my father is on dialysis. so i cannot stop thinking what would happen.


can i file it thru H&C ?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
thess38 said:
in my case.. i came here as a dressmaker unfortunately my former employer let me work for a long period of time i start work at 8am in other location which is dry cleaning done at 12noon to sent to dress shop until 8pm sometime 9pm but they only pay me 8 hours in total and 7 days a week but only paid 40 hours.. in my contract it just stated that my work is dressmaker..so i talk to to give some consideration to take a rest even 1 day. but its takes 1 months before she approve it..so i decided to switch job into the live in caregiver..

After 24 months i renew my work permit under live in caregiver and the remarks i've got are, LMo3____ valid for 2 years, as of nov 2013 no longer in live in caregiver program. eligible to apply for permanent resident after completing requirements. so i apply for PR together the open work permit. after 2 1/2 months they granted me open work permit unlucky on january 22,2014 i received email that my application for caregiver is refused. the officer saying that im not in the category of live in caregiver "class"


im the only one who supported my kids.. my common law partner is just a farmer sometimes there is always calamity in the philippines which is really affected us.if i will send back home i will pretty sure i cant find work because in the philippines there is age limit to look for a job until 22 only..my main concern i cannot send my children to the university probably they will stop schooling and no more food to eat.. and my second concern is my parents..i am supporting them too as well. or their food, medical treatment most especially my father is on dialysis. so i cannot stop thinking what would happen.


can i file it thru H&C ?
If you have been refused, what were the specific reasons? What does the email actually say?
 

thess38

Member
Jan 26, 2014
12
0
yes i am refused.. officer said im not in the live in caregiver category class but they issue me open work permit. they should not give me a remarks in the first place
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
thess38 said:
yes i am refused.. officer said im not in the live in caregiver category class but they issue me open work permit. they should not give me a remarks in the first place
I have now seen the email in your post in another thread. Personally, I can see no H&C justification.. The reasons for refusal seem very clear. See http://www.cic.gc.ca/english/resources/manuals/ip/ip04-eng.pdf