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

Kate_20

Star Member
Aug 13, 2011
123
65
I am on your boat kate,dont worry he has the restoration option,and if the restoration is accepted he should be able stay in canada until a decision is made on his H and C application,you have 90 days to apply for restoration from the date of the visitor extension refusal,and yeah what the govt is doing is pure injustice against its tax payer citizens,I have developed severe anxiety disorder just by thinking that my mother will have to live just by herself without any social support if she is forced to leave canada but the govt doesnt seem to care,filed H and C application 16 months ago and no response from them,so yeah you are not on this alone,feel free to dm me if you need any assistance,would be happy to help
thank you so much for responding. I totally understand, Ive been there for a decade. Wish govt could tell us what we are doing after 10 years of super visas! then what?? Nowhere you can find answers and minister never talks about what will happen after super visas expire. How do you want me to convince visa officer that my parents have ties back home after living here 7 years. No chance second super visa will be approved. So whats the plan? you can only have parents visit you for 10 years and after that let them go back and die alone? they wont even allow them back to visit :(

Refusal letter doesn’t say anything about restoration. His status already expired in Sept so I dont know if he can apply for restoration it’s very tricky.
 
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Kate_20

Star Member
Aug 13, 2011
123
65
I would apply for restoration.

IMO he should try to remain in Canada even if that means remaining without status since you have an H&C application underway. Chances of an H&C application being approved generally reduce a lot if a person leaves. Maybe best to get a consult with a lawyerm
thanks for taking the time and reading. Im afraid if he stays here illegally then we are done. He maintained status for 10 years all these insurances, medical exams, extension fees, plane tickets, so much time, stress, money :((
 
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scylla

VIP Member
Jun 8, 2010
95,580
21,942
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
thanks for taking the time and reading. Im afraid if he stays here illegally then we are done. He maintained status for 10 years all these insurances, medical exams, extension fees, plane tickets, so much time, stress, money :((
I'm not sure what you mean by "I'm afraid if he stays here illegally then we are done"
 

Kate_20

Star Member
Aug 13, 2011
123
65
I'm not sure what you mean by "I'm afraid if he stays here illegally then we are done"
what I mean, if he is going stay here after the refusal of visitor record, if restoration of status is not an option, and he remains in Canada to wait for HC Decision he will be here illegally. If he violates immigration law by staying here illegally he will never be able to obtain any status if HC refused
 

wello711

Champion Member
Feb 11, 2021
1,552
937
Canada
Category........
Other
what I mean, if he is going stay here after the refusal of visitor record, if restoration of status is not an option, and he remains in Canada to wait for HC Decision he will be here illegally. If he violates immigration law by staying here illegally he will never be able to obtain any status if HC refused
There is TRP.... It's an option for those who can't restore their status
 

scylla

VIP Member
Jun 8, 2010
95,580
21,942
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
what I mean, if he is going stay here after the refusal of visitor record, if restoration of status is not an option, and he remains in Canada to wait for HC Decision he will be here illegally. If he violates immigration law by staying here illegally he will never be able to obtain any status if HC refused
IMO he's already in a situation where a TRV or super visa would be difficult to get approved in the future due to the H&C application. Chances of H&C application being approved will go down if he leaves. So the overall odds are in favour of staying in Canada. But your choice of course.
 

Scotian2012

Full Member
Jun 16, 2023
46
26
I just talked to IRCC agent, I submitted in February 2023, background check still in process, nothing else started, still in same office, just that last week my application was assigned to a new officer, it had been assigned to an officer before (as per previous conversations with ircc agents) anyone with same timeline?
 

Kate_20

Star Member
Aug 13, 2011
123
65
IMO he's already in a situation where a TRV or super visa would be difficult to get approved in the future due to the H&C application. Chances of H&C application being approved will go down if he leaves. So the overall odds are in favour of staying in Canada. But your choice of course.
yes but when government offers you a super visa they dont tell you you are not allowed to apply for PGP… you can have PGP filed and request super visa to visit and stay with your family… why would government punish you if you applied for PR and not grant you another super visa based on that argument? If you didnt violate immigration law for 10 years… if my dad wanted to stay here and violate law… he wouldn’t maintained the status for 10 years, he would just overstay and live here…
 

scylla

VIP Member
Jun 8, 2010
95,580
21,942
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
yes but when government offers you a super visa they dont tell you you are not allowed to apply for PGP… you can have PGP filed and request super visa to visit and stay with your family… why would government punish you if you applied for PR and not grant you another super visa based on that argument? If you didnt violate immigration law for 10 years… if my dad wanted to stay here and violate law… he wouldn’t maintained the status for 10 years, he would just overstay and live here…
I don't make the rules and it's pointless to get into an argument with me about them. I have no interest in getting into an argument. I'm just trying to help you with your options based on the actual rules that are in place right now.
 
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ibrahim0175

Star Member
Jun 26, 2014
109
24
what I mean, if he is going stay here after the refusal of visitor record, if restoration of status is not an option, and he remains in Canada to wait for HC Decision he will be here illegally. If he violates immigration law by staying here illegally he will never be able to obtain any status if HC refused
Dont worry,he should be able to restore his status,if you need any assistance with your restoration application,feel free to dm me….
 
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Kate_20

Star Member
Aug 13, 2011
123
65
I don't make the rules and it's pointless to get into an argument with me about them. I have no interest in getting into an argument. I'm just trying to help you with your options based on the actual rules that are in place right now.
I didnt even think of arguing with you. Im beyond grateful for all the help I get from this forum. Thank you for prompt responses and advice
 
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FNU

Hero Member
Oct 4, 2023
212
92
I just talked to IRCC agent, I submitted in February 2023, background check still in process, nothing else started, still in same office, just that last week my application was assigned to a new officer, it had been assigned to an officer before (as per previous conversations with ircc agents) anyone with same timeline?
I submitted June 2023, no updates for me as well. They told me the same assigned to officers when I called them last time. You should ask your MP for it if it’s over the processing time. I hope we will get good results before 2025. @idiris any updates from you my friend?