Family class sponsorship with H&C consideration???

[VioletBlue]

Has anyone tried going this route!? My husband and I applying for inland family class....he is my sponsor....But currently he is paying off some family maitnance debt...which may be all played off by the time then need to aproove him as a sponsor....so we will apply for family sponsorship With H&C consideration due to this issue....and will also pick option to continue processing our application in H&C if he is not approved....

What do you ppl think!? I know its a long shot but it might work....fingers crossed I don't get deported in the meantime!

 

[zardoz]

Has anyone tried going this route!? My husband and I applying for inland family class....he is my sponsor....But currently he is paying off some family maitnance debt...which may be all played off by the time then need to aproove him as a sponsor....so we will apply for family sponsorship With H&C consideration due to this issue....and will also pick option to continue processing our application in H&C if he is not approved....

What do you ppl think!? I know its a long shot but it might work....fingers crossed I don't get deported in the meantime!

I'm not sure why you think that this qualifies as an H&C case.. Could you explain why the financial requirements should be waived in your particular situation?

 

[scylla]

The H&C application process is a completely separate process from applying for PR through the spousal stream. If you want to submit an H&C application, then you need to use the application package here:

http://www.cic.gc.ca/english/information/applications/handc.asp

From the Guide:

In order to be considered for an exemption from the usual requirements of IRPA, you must:

•clearly indicate in your application the specific exemption(s) you are requesting.
•provide all details related to your request including the reasons why you believe an exemption(s) should be granted on H&C grounds.
•demonstrate that there are sufficient and compelling reasons for you to be granted an exemption allowing you to apply for permanent residence from within Canada.

Your responsibility
You are responsible for making sure that all circumstances and factors that you wish to have considered are provided in your application. This must include any hardship you believe you will suffer if you are not granted the exemption(s) you are requesting, including why the hardship would be unusual, undeserved or disproportionate. For example, if you are claiming hardship arising from circumstances in your country of origin, your supporting documents should include:

•the hardship you anticipate,
•whether the hardship would be faced in all areas of the country of origin or country of habitual residence,
•whether you ever sought assistance from the authorities, including police or non-governmental organizations, to change or improve your situation in your country, and
•if you have not sought assistance from within your country, you must provide reasons why you have not done so.

 

[VioletBlue]

Well if your sponsor doesn't qualify then your ol.only option left is H&C....since this is the only issue with aponaon I will ask for H&C consideration....we will show all his payments throughout the years and extra amount he is paying to catch up and by the time he needs to be approved as a sponsor he might not even be in arrears anymore....

And why I think this requirement should be waived?

So that our family can stay together and we can finally Both contribute to our household and be able to pay the debt faster.....which will happen If I can also work at some point!

Months ago senior members advised to try this route so just wanted to see if anyone has actually Done it beforee

I also read that if your family sponsorship is refused u van request that they process is as a H&C.... And this was from a CIC website....I could look for a link if u would like

I'm not sure why you think that this qualifies as an H&C case.. Could you explain why the financial requirements should be waived in your particular situation?

 

[zardoz]

Good luck...

 

[VioletBlue]

Thanks......appreciate your enthusiasm

 

[txboyscout]

Has anyone tried going this route!? My husband and I applying for inland family class....he is my sponsor....But currently he is paying off some family maitnance debt...which may be all played off by the time then need to aproove him as a sponsor....so we will apply for family sponsorship With H&C consideration due to this issue....and will also pick option to continue processing our application in H&C if he is not approved....

What do you ppl think!? I know its a long shot but it might work....fingers crossed I don't get deported in the meantime!

If I understand you correctly: you want to do a H&C application because your husband cannot afford to sponsor you. Your H&C basis is going to be that if you are given the visa you can help him pay off his financial obligations to his previous wife and their kids!?

Good Luck is right

 

[VioletBlue]

He Can afford it...he's been doing it for years...all while paying his maitnance And more...the little debt he has from years ago might even be all payed off in a few months so this might not even be an issue

 

[zardoz]

My advice in that case would be to save yourself a lot of hassle and delay the application..

 

[Rob_TO]

Has anyone tried going this route!? My husband and I applying for inland family class....he is my sponsor....But currently he is paying off some family maitnance debt...which may be all played off by the time then need to aproove him as a sponsor....so we will apply for family sponsorship With H&C consideration due to this issue....and will also pick option to continue processing our application in H&C if he is not approved....

What do you ppl think!? I know its a long shot but it might work....fingers crossed I don't get deported in the meantime!

Maybe i just don't understand what you're saying here completely... but why is the debt even as issue? The only proof you have to show CIC for spousal family class is your Option C printout showing the previous year's income and that that your sponsor isn't on welfare, and a job letter from current employer (if applicable).

How much debt you have or are paying off, should be completely irrelevant. CIC doesn't look up your credit history, nor do they care, and I don't see why you would even mention it. All they care about is income and supporting yourself going forward. So I don't see why you would have any problems at all with this spousal app... unless i'm missing something here.

 

[zardoz]

You may not be eligible to be a sponsor if you:

did not meet the terms of a sponsorship agreement in the past,
did not pay alimony or child support even though a court ordered it,
get government financial help for reasons other than being disabled,
were convicted of
an offence of a sexual nature,
a violent crime,
an offence against a relative that resulted in bodily harm or
an attempt or threat to commit any such offences, depending on the detailss of the case, such as
the type of offence,
how long ago it occurred and
whether a record suspension was issued (see Sponsorship bar for violent crime below),
were sponsored as a spouse, common-law or conjugal partner in the past and became a permanent resident of Canada less than five years ago (see Five-year sponsorship bar below)
did not pay back an immigration loan, made late payments or missed payments,
are in prison or
have declared bankruptcy and have not been released from it yet.

I wonder if this is it?

 

[BrianP]

I am a Canadian citizen living in Malaysia with my Japanese wife and two children. We will move to Canada this summer. Can I apply for Permanent Resident status or do we have to already be living in Canada? What should I be doing in preparation for our move to Canada?

 

[VioletBlue]

In the application form it asks you u check the box If sponsor is in default of any gvt ordered payments...so we have to say Yes...we r requesting a document from a case worker that will show all his payments and how much he ows and then we'll know how long it will take to pay it back...

...here is CIC link for processing Family class applications when H&C consideration is requested

http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob126.asp

 

[abouttoland]

Is it a Canadian court?

If not, its not relevant - if it is, is that not Court Ordered, not Government?

 

[Rob_TO]

In the application form it asks you u check the box If sponsor is in default of any gvt ordered payments...so we have to say Yes...we r requesting a document from a case worker that will show all his payments and how much he ows and then we'll know how long it will take to pay it back...

Do you mean this one?:
Support payment obligations
You were ordered by a court to make support payments to a spouse or child and have neglected to do so.
You may not sponsor until you resolve the family support matter.

If he is following set regular payment schedule as ordered by the court, then he would not be in default. If he neglected court ordered payments and is now trying to catch up, then it would be considered default and would have to wait till the defaulted portion is paid off. It would be best to get a transcript or record of exactly how this debt shows up in the system. Then you will see if it's recorded as a default, or just an ongoing debt obligation.

If it's any other defaulted debt besides spousal support or an immigration debt, then I don't think it matters.

For the H&C consideration, I really don't see under what H&C reason you would be allowed to continue the application. Yours seems like a straightforward case with no H&C elements. Usually H&C is reserved when children are involved, if someone has a disability, or an applicant faces danger if they have to go back to their home country. Without showing any H&C elements, I don't think there is much chance of success.

Not sure how much the defaulted amount is, but another solution would be to get a line of credit large enough to cover it, and then pay off the default completely. This would then clear any record you have and let you submit application, and you would work instead to pay off the LOC going forward.