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

[Alien_walkingalone]

Application received May-2017
Processed in February - 2018.
and got the letter last week. dated August 31, 2018

So how long it takes to make those checks? and it says they returned my file to Niagara falls office to proceed in the processing of my application! so don't know what that means?

I really don’t know why they sent your file to Niagara Falls office. But I hope it’s not something negative, you have been approved so just wait for the medical request and other procedures. Atleast you got it , seems like they are working on May/June 2017 applications. I saw another thread where someone got a refusal who applied on June 2017. Which is sad. We all are in the same boat and waiting for something good to happen.

 

[mims2000]

@Designated baba @hemin @Nashma @mims2000

any news on your sides? it's been a while without any good news on H&C application...

My application is still on criminality background check. My medical is expiring next month. Im hoping that i will get a result before that. Waiting is the hardest part

 

[Bornlucky]

I really don’t know why they sent your file to Niagara Falls office. But I hope it’s not something negative, you have been approved so just wait for the medical request and other procedures. Atleast you got it , seems like they are working on May/June 2017 applications. I saw another thread where someone got a refusal who applied on June 2017. Which is sad. We all are in the same boat and waiting for something good to happen.

It was likely sent to Niagara Falls for the processing of the actual application for permanent residence. This would be medicals, security and criminal requirements. The initial decision was for a waiver to the requirement to apply from outside of Canada - Step 1, and Niagara Falls is Step 2. If you pass everything (Meds, Criminal and Security) then it is time to become a PR - Final Step

Fail any of those 3 statutory requirements then it is a whole other set of processing depending on what wasn't approved, as you might imagine. You are more than halfway home with processing since the waiver was approved, but how long this may take hinges on a number of things and you cannot really control these matters other than to remain in Canada, stay out of trouble, keep them informed about how to contact you; and be even more patient.

Celebrate quietly and be very satisfied with this decision.

 

[TheWaitingGamer]

My application is still on criminality background check. My medical is expiring next month. Im hoping that i will get a result before that. Waiting is the hardest part

Their Security check take longer than I thought, My criminality took 1 day to complet but security screening takes forever, already 8 months and counting since started. Did you try calling them or Webform to point that your medical is about to expire?

 

[hurricane_loop]

Congrat!!!

I'm So happy for you. Yes it's an AIP. Next step will be your medical request then Background Check before final decision. Did they ask for your Schedule A and Permanent residency fee?

I already Submitted Schedule A when I filed my application, and the PR Fees already paid 3 months before this decision ( I did that as it came from there website, will refundable if got rejected even, but thanks to God I passed).
My medical tests are done before 2 years same Septemeber.they may be asks for another one.

Hopefully could get those approved, and get my PR in next near future.

 

[TheWaitingGamer]

Application received May-2017
Processed in February - 2018.
and got the letter last week. dated August 31, 2018

So how long it takes to make those checks? and it says they returned my file to Niagara falls office to proceed in the processing of my application! so don't know what that means?

Like Bornlucky said, they send your file to Niagara falls office to process your permanent residenc application since you got the exemption.

From several timelines I compared, medical can be request 1 month to 8 months after AIP. Mine was 6 months but usualy its before the 4th months. Applicants with declared health issue even get medical request before AIP.

Then after your medical exam passed criminality and sécurity start. For criminality you need to provied PCC for every country you lived for more than 6 month after your 18th. For Security they will conduct their own check or ask to CBSA and CSIS to do it, and it's can take awhile.

Hope you will get some news soon.

 

[TheWaitingGamer]

I already Submitted Schedule A when I filed my application, and the PR Fees already paid 3 months before this decision ( I did that as it came from there website, will refundable if got rejected even, but thanks to God I passed).
My medical tests are done before 2 years same Septemeber.they may be asks for another one.

Hopefully could get those approved, and get my PR in next near future.

Two year medical is already expired , you will need a new one, it's good for 12 months only, with maybe few months extension if your file is about to finalized.

Schedule A will be ask again, as I submit one with application too but ask to resubmit after AIP with news dates since application was fews months ago.

 

[mims2000]

Their Security check take longer than I thought, My criminality took 1 day to complet but security screening takes forever, already 8 months and counting since started. Did you try calling them or Webform to point that your medical is about to expire?

I called them up but they said i have to wait.

 

[Blac Kelly..]

Pls I dont understand am actually new here. Pls at wot point can someone apply for H & C? Is it after negative outcome in both hearing decision and appeals and departure order has been served to the claimant. Pls educate me on the process flow. Tks

 

[mingota19]

you can apply only 12 months after your negative decision, unless you have a child less than 18 years old , for the best interest of the child

 

[babyfaced4real]

Hello,
It's may not be compulsory but you better add some. It will prove that you well integrated and got people that care about your remaining.
I joined 2 or 3 letters from friends I met here, 1 citizen and immigrants that got their citizenship. They knew my storie very well and wanted to show some support to my application.

Hope it help.

I really appreciate your response. i know we have different stories as regards our RPD hearings and decisions. Mine had to do with credibility issues because the RPD member did not believe my story. Will this really affect my H&C decision? kindly give your opinion. Thanks

 

[Bornlucky]

I really appreciate your response. i know we have different stories as regards our RPD hearings and decisions. Mine had to do with credibility issues because the RPD member did not believe my story. Will this really affect my H&C decision? kindly give your opinion. Thanks

H&Cs are intended to be decided upon the consideration of all of the factors included in the application that are relevant to the department's policies, and credibility is an underlying aspect of any application. The H&C decision-maker doesn't have to rely upon the finding of an earlier decision-maker but they can reference that finding as they assess the general credibility of the H&C application themselves.

In other words, the person deciding the H&C can see what the RPD decided and accept or ignore it as they look through the other material relating to establishment, children, the support from whomever and all of the things unrelated to the refugee claim and any risk of return. You don't earn any points for a lack of credibility but it doesn't immediately end the H&C for you. Having said that, if you have serious credibility issues - where you just cannot be believed - then that's unlikely to end well because a history of misrepresenting facts means you cannot be taken seriously.

There is nothing extraordinary for an H&C decision-maker to see a failed refugee claim where credibility was the issue so let's hope your other factors work for you.

 

[TheWaitingGamer]

I really appreciate your response. i know we have different stories as regards our RPD hearings and decisions. Mine had to do with credibility issues because the RPD member did not believe my story. Will this really affect my H&C decision? kindly give your opinion. Thanks

Hello,

I agreed with Bornlucky on this, but did your credibility issue just about the agent that don't trust your story or did he actually have proof that your story was not genuine???

in My case agent didn't trust me either about the danger I mentioned but clearly state that she believe my fear is real.

 

[TheWaitingGamer]

I called them up but they said i have to wait.

I can feel you pain! I hope they will e-mail you soon for final interview or in worst case extend your medical. Redo the medical scares me
especially high fees.

Let's pray for the best.

 

[Longroadtoimmigration]

Do you think it will be wise to apply for H&C based on child interest or wait for my appeal and also sponsorship?