H&C questions...

[mizzdanish]

Ive been doing some research on the H&C - as I stated in a previous post I am currently going through the wait period for sponsoring my husband (stage one is approved) My husband has a criminal conviction from 12 years ago and hasnt paid the fine associated with his sentance - therefore he not eligable for rehabilitation. Does anyone know what this H&C is and should we just pull out of the sponsorship and apply for this? I have a bad feeling were wasting time trying to do the sponsorship when it may just get denied due to this criminal conviction - he has 2 young daughters in Canada both under 2 and a half. Im at my wits end with this immigration stuff at this point

 

[Alurra71]

From what I understand, you don't pull your application to file for H&C. You would use H&C grounds if your application is denied based on his criminal inadmissibility. I am sorry to be the bearer of bad news here, but I think you are going to be in for a long wait to get your husband sponsored to Canada at this point because he hasn't technically even completed his 'sentence' yet. If I understood what I have read correctly, he will only be eligible to apply for his rehabilitation 5 years after completing his sentence, but do not quote me on this. I am, by far no immigration specialist and certainly not a lawyer.

You are just going to have to dig down deep and hold on for the ride if you wish to complete this process. He is the father of your children and in the long run the person you wish to spend the rest of your life with, so keep this all in mind and remember we will do anything necessary to ensure our lives are what we want. In the end, even after all the battles we have to endure to complete these things, we are stronger for it and our relationship has weathered the storm and come out the other side stronger for it.

Good luck.

 

[bartjones]

Ive been doing some research on the H&C - as I stated in a previous post I am currently going through the wait period for sponsoring my husband (stage one is approved) My husband has a criminal conviction from 12 years ago and hasnt paid the fine associated with his sentance - therefore he not eligable for rehabilitation. Does anyone know what this H&C is and should we just pull out of the sponsorship and apply for this? I have a bad feeling were wasting time trying to do the sponsorship when it may just get denied due to this criminal conviction - he has 2 young daughters in Canada both under 2 and a half. Im at my wits end with this immigration stuff at this point

H&C means "Humanitarian and Compassionate". The Immigration Appeal Division (IAD) has the discretion to allow an appeal on H&C grounds and grant permanent residence to individuals who otherwise do not qualify for PR.

I don't believe you can just "pull out" of the sponsorship process. You need to wait for an adverse decision on his PR application and then appeal to the IAD on H&C grounds. In your case the H&C grounds would be the fact that he has two young daughters in Canada to care for. Unfortunately, that's going to take some time.

Section 25 of the Immigration and Refugee Protection Act provides for a process to apply to the Minister on H&C grounds. I'm not really sure how all that works. Maybe a more senior member of this forum can assist.

 

[mizzdanish]

Thanks so much for your replies This is so unfortunate, I actualy thought H&C was a seperate application such as the sponsorship. l guess we wait now.

 

[bartjones]

Thanks so much for your replies This is so unfortunate, I actualy thought H&C was a seperate application such as the sponsorship. l guess we wait now.

Sadly, that's all you can do. As I said in your previous thread, you would be well advised to consult a good immigration lawyer at this point.

 

[SenoritaBella]

Your husband will be eligible to apply for rehabilitation 5 years after payment of the fine. I would first see that the fine is paid and collect all supporting documents such as: payment receipt, law under which he was charged, sentencing report, etc related to the case. CIC may request it or your lawyer may need it in order to provide legal advice or build your H&C case (if it comes to that). I hope it all works out well. Hang in there!

 

[mizzdanish]

Yeah I dont really trust any lawyer at this point, its BECAUSE of a lawyer that my husband is not with us in Canada right now.

 

[bartjones]

It's your choice, but I think that writing off all lawyers because of one bad experience is probably not very wise. There are plenty of reputable ones who can give you some good advice. Your husband's criminality issue is complicated and trying to navigate your way through it without professional assistance is probably not your best choice.

 

[SenoritaBella]

Agree with bartjones. If you do decide to retain a lawyer, be sure to find out/ask the lawyer if their specialty is immigration and whether they have handled cases with criminal inadmissibility issues.

 

[Tilikun]

Thanks so much for your replies This is so unfortunate, I actualy thought H&C was a seperate application such as the sponsorship. l guess we wait now.

I think I read to weeks ago , about an operational bulletin of H&C and family sponsorship cases , and it says that you can send the H&C application , but they will not start processing it ,until the sponsorship app gets refused . I don't remember very well , you may want to read that .