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

[Katayoon]

Sorry to bother you once again, regarding your response to my question about addressing the question :
clearly indicate in your application the specific exemption(s( you are requesting
Provide all details related to this request, including the reasons why you should be granted exemption on h&c ground.


This is the link you posted to answer my question.(https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusals-overview.html)

You said recommended this exemption as "non-compliance with the Act" since you said it is applicable to my situation. When I look at the website again, I notice is it is titled: Temporary residents: Refusals overview.

When looked at this link tilted: Humanitarian and compassionate: Dealing with inadmissibility( https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility.html).



Correct me if I am wrong, It seems the first link is for "Temporary resident(TR) " while the second link is mainly for H&C application....I pointed this out because I notice that the list of inadmissibility is different. There are about 9 listed for TR for while there are ONLY 3 listed for h&c......Remember I told you the lawyer use wrote financial and medical as my exemption. To be honest, I did not understand how she arrives at this exemption. maybe it is because it is closer to my situation is why she use it. I don't know

I will appreciate it if you can take a look at both links... do you notice any difference? Would you still insist that "non-compliance with the Act" for TR is applicable for my h&c application?

I will also appreciate other people in the forum contribute their knowledge to my question

Thanks

Yes. The list of inadmissibilities from my link is drawn from the Act and is general and applies to all immigrant categories, not just TRV.

your link only lists procedures for three specific/selected inadmissibilities. It does not mean these are the only inadmissibilities that exist.

my partner also had non-compliance with the act as one of his inadmissibilities, and he is not a temporary resident.

 

[Katayoon]

Sorry to bother you once again, regarding your response to my question about addressing the question :
clearly indicate in your application the specific exemption(s( you are requesting
Provide all details related to this request, including the reasons why you should be granted exemption on h&c ground.


This is the link you posted to answer my question.(https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusals-overview.html)

You said recommended this exemption as "non-compliance with the Act" since you said it is applicable to my situation. When I look at the website again, I notice is it is titled: Temporary residents: Refusals overview.

When looked at this link tilted: Humanitarian and compassionate: Dealing with inadmissibility( https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility.html).



Correct me if I am wrong, It seems the first link is for "Temporary resident(TR) " while the second link is mainly for H&C application....I pointed this out because I notice that the list of inadmissibility is different. There are about 9 listed for TR for while there are ONLY 3 listed for h&c......Remember I told you the lawyer use wrote financial and medical as my exemption. To be honest, I did not understand how she arrives at this exemption. maybe it is because it is closer to my situation is why she use it. I don't know

I will appreciate it if you can take a look at both links... do you notice any difference? Would you still insist that "non-compliance with the Act" for TR is applicable for my h&c application?

I will also appreciate other people in the forum contribute their knowledge to my question

Thanks

Financial and medical are HC reasons to grant you exemption. Not reason for your inadmissibility. And I did not recommend non-compliance as exemption - non-compliance with the Act is the reason for your inadmissibility, from which you are requesting exemption based on medical and financial HC grounds. You are confusing exemption with inadmissibility. Exemption is something that cancels out inadmissibility - two opposite things.

 

[Katayoon]

Sorry to bother you once again, regarding your response to my question about addressing the question :
clearly indicate in your application the specific exemption(s( you are requesting
Provide all details related to this request, including the reasons why you should be granted exemption on h&c ground.


This is the link you posted to answer my question.(https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusals-overview.html)

You said recommended this exemption as "non-compliance with the Act" since you said it is applicable to my situation. When I look at the website again, I notice is it is titled: Temporary residents: Refusals overview.

When looked at this link tilted: Humanitarian and compassionate: Dealing with inadmissibility( https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility.html).



Correct me if I am wrong, It seems the first link is for "Temporary resident(TR) " while the second link is mainly for H&C application....I pointed this out because I notice that the list of inadmissibility is different. There are about 9 listed for TR for while there are ONLY 3 listed for h&c......Remember I told you the lawyer use wrote financial and medical as my exemption. To be honest, I did not understand how she arrives at this exemption. maybe it is because it is closer to my situation is why she use it. I don't know

I will appreciate it if you can take a look at both links... do you notice any difference? Would you still insist that "non-compliance with the Act" for TR is applicable for my h&c application?

I will also appreciate other people in the forum contribute their knowledge to my question

Thanks

no need to overcomplicate the form. You just need to write "I was found inadmissible to Canada for failure to comply with IRPA (visa overstay). I am requesting exemption based on the following HC grounds - hardship, establishment in Canada, etc. Please see supporting documents for more details". That's it.

 

[bella12]

Yes. The list of inadmissibilities from my link is drawn from the Act and is general and applies to all immigrant categories, not just TRV.

your link only lists procedures for three specific/selected inadmissibilities. It does not mean these are the only inadmissibilities that exist.

my partner also had non-compliance with the act as one of his inadmissibilities, and he is not a temporary resident.

Thanks for clearing up the confusion. I have noted it down. your answer and explanation made it simple.

One last question...... this is important

How did you go about addressing each question 7 to 13 in the supplementary information form ?....I remember you said you wrote a cover letter. like how many pages long is yours?

Here is what I am considering doing to address all the questions. Correct me if it is a good idea or not.......You can suggest me a better idea if you feel my approach is not good enough.

Copy 1) I plan to write a personal story/affidavit that details my immigration history and what happen that lead to me overstaying my study permit......with reference to my supporting evidence.

Copy 2) Will address each of the questions( 7-13) directly

copy 3) will be all my ONLY supporting evidence which I will place in a folder. that is because there are close to 500 pages of supporting evidence

The whole point of copy 1 is for the officer to have a full picture of my immigration history and what happens to me.....while the copy address question 7- 13 ask in the forum..... while the copy is only supporting evidence.

Lastly, should I include a copy of my h&c refusal letter? or there is no need ?...... I ask because there are some things in the letter which I will like to address in my new application because the officer that wrote it ask for some document which was not available at the time of the decision. but I have those documents now.

your response is appreciated. Thanks

 

[Katayoon]

Thanks for clearing up the confusion. I have noted it down. your answer and explanation made it simple.

One last question...... this is important

How did you go about addressing each question 7 to 13 in the supplementary information form ?....I remember you said you wrote a cover letter. like how many pages long is yours?

Here is what I am considering doing to address all the questions. Correct me if it is a good idea or not.......You can suggest me a better idea if you feel my approach is not good enough.

Copy 1) I plan to write a personal story/affidavit that details my immigration history and what happen that lead to me overstaying my study permit......with reference to my supporting evidence.

Copy 2) Will address each of the questions( 7-13) directly

copy 3) will be all my ONLY supporting evidence which I will place in a folder. that is because there are close to 500 pages of supporting evidence

The whole point of copy 1 is for the officer to have a full picture of my immigration history and what happens to me.....while the copy address question 7- 13 ask in the forum..... while the copy is only supporting evidence.

Lastly, should I include a copy of my h&c refusal letter? or there is no need ?...... I ask because there are some things in the letter which I will like to address in my new application because the officer that wrote it ask for some document which was not available at the time of the decision. but I have those documents now.

your response is appreciated. Thanks

my letter was 7 pages long. I listed in 5 bullets refusal reasons from previous officer and I described what evidence I am using to overcome each of her refusal points. I did not attach the refusal letter because she never bothered sending my partner a refusal letter - she sent it directly to CBSA to trigger his deportation and she waited for almost 1 year before she closed the case. The only reason we found out about her refusal was because we ordered GCMS notes.

it is up to you how you want to organize your file as long as it is well structured, with no repetitions and to the point. I personally would have just 1 personal statement/cover letter with your personal immigration story as introduction and questions 7-13 as next chapter, but it is your case.

 

[Ramone1]

For everyone who wants to get medical coverage after Aip, you can go to local MP and they can help you with getting medical coverage even in British Columbia. My Aip arrived in June 1st week and I had called msp several times. I was just informed by MP office that they can help with it and I don't have to wait till PR for MSP coverage.
Good luck!

 

[Jaxico]

@Katayoon not news yet????

 

[Katayoon]

@Katayoon not news yet????

lol today my partner got email response from Niagara to his question that he had sent 1 month ago. It was about police certificate which he already re-submitted last week. Still no COPR but it is reassuring to know things are moving.

 

[bella12]

my letter was 7 pages long. I listed in 5 bullets refusal reasons from previous officer and I described what evidence I am using to overcome each of her refusal points. I did not attach the refusal letter because she never bothered sending my partner a refusal letter - she sent it directly to CBSA to trigger his deportation and she waited for almost 1 year before she closed the case. The only reason we found out about her refusal was because we ordered GCMS notes.

it is up to you how you want to organize your file as long as it is well structured, with no repetitions and to the point. I personally would have just 1 personal statement/cover letter with your personal immigration story as introduction and questions 7-13 as next chapter, but it is your case.

Thanks for the response.. you are right... that is the main reason why I ask you the question because I notice some of question 7-13 is technically more of a repetition. so, to avoid it is why I ask you how you structured yours. yeah, repetition is something I will avoid in my writing.

Thanks once again.

 

[Jaxico]

lol today my partner got email response from Niagara to his question that he had sent 1 month ago. It was about police certificate which he already re-submitted last week. Still no COPR but it is reassuring to know things are moving.

OMG! They are totally lost requesting everything again

 

[Katayoon]

OMG! They are totally lost requesting everything again

yes we had to re-submit the entire package from May 27th. They said the reason why file has not been finalized is because they are "still waiting" on police certificate. And we already submitted it 3 months ago!

 

[Katayoon]

Thanks for the response.. you are right... that is the main reason why I ask you the question because I notice some of question 7-13 is technically more of a repetition. so, to avoid it is why I ask you how you structured yours. yeah, repetition is something I will avoid in my writing.

Thanks once again.

Yes I remember I responded in almost all of them the same thing: my HC grounds are this and that, please see attached evidence.

bear in mind that it is not uncommon for them to misplace items so better to avoid multiple cover letters and just put it in one document. My partner just re-submitted his entire Stage 2 package because his May submission was somehow lost.

 

[bella12]

Yes I remember I responded in almost all of them the same thing: my HC grounds are this and that, please see attached evidence.

bear in mind that it is not uncommon for them to misplace items so better to avoid multiple cover letters and just put it in one document. My partner just re-submitted his entire Stage 2 package because his May submission was somehow lost.

thanks for the advice. I will put it all on one page.
I get back to you if I have encountered any questions between 7-13 that" might" be confusing for me.

Thanks once again for all your advice.

 

[Ramone1]

yes we had to re-submit the entire package from May 27th. They said the reason why file has not been finalized is because they are "still waiting" on police certificate. And we already submitted it 3 months ago!

Same here

 

[bella12]

thanks for the advice. I will put it all on one page.
I get back to you if I have encountered any questions between 7-13 that" might" be confusing for me.

Thanks once again for all your advice.

I have another question... It not really a question tho. I am trying to avoid repetition is why I am asking this question.


Question 8, you already answered it. remember the question ask for the grounds of h&c for exemption I requested.. Hardship, medical, and establishment in Canada are my grounds. I have answered it all.......Now, question 11 asks how have you established yourself in Canada ?

the answer to the establishment for both questions 8 and 11 is almost the same. should I repeat the same answer for the establishment, if not, what will you advise I can do here to avoid repetition of the same answer?

Hope to hear from you soon. Thanks