Humanitarian and Compassionate Arguments to overcome inadmissibility!

[PMA]

Hi all,

I received a positive decision on my PR application, IRCC agreed to reopen the case and use their direction the grant the PR.
I have already informed IRCC back in 2015 about the charges and that’s why didn’t’ allow me to land, submitted H&C arguments and they granted the PR. I have received my new CoPR and I’m concerned about the condition question” Have you been charged/convicted of crime …”

I will definitely answer with “Yes” but what are the odds that the counter officer might refuse to land me?

Any advice!

Thanks

 

[Ottawa-applicant]

Hi all,

I received a positive decision on my PR application, IRCC agreed to reopen the case and use their direction the grant the PR.
I have already informed IRCC back in 2015 about the charges and that’s why didn’t’ allow me to land, submitted H&C arguments and they granted the PR. I have received my new CoPR and I’m concerned about the condition question” Have you been charged/convicted of crime ...”

I will definitely answer with “Yes” but what are the odds that the counter officer might refuse to land me?

Any advice!

Thanks

Congrats..

hopefully some seniors could answer your questions

 

[D_8rane]

Hello,
Based on my experience with H&C, you can apply only if you are in Canada and your application will still be processed even if you leave Canada due to deportation or any other reason.

That being said, i was deported after a failed refugee claim which took 4 years, i applied for H&C after 12 months from the refusal date of the refugee claim (as this is the law) unless theres special circumstances.

Usually it takes 38 month to process H&C application, mine was processed in 6 months, i was approved and i did my medical exam and my police certificate for my home country and Canada.
It has been 2 months since i did the ME and police clearance so im just waiting for the next step.

In conclusion, the 99.9% reject you mentioned did not apply to me as i was approved, so it really is about each case.

Peace and sorry i bumped the topic.

After you got the approval, were you back in canada? You stayed here for 4 years as a refugee claimant. Were you able to work all those years? Cos i think the refugee claimant document is only valid 2 years.

 

[vensak]

Hey guys and thank you in advance for your inputs:

I was told by a lawyer that I can overcome my inadmissibility by submitting Humanitarian & Compassionate Arguments based on the following factors:

1. Best interest of a child (Canadian born child)
2. Hardship back home (country in a war)
3. Establishments ( Since I enter Canada obtained 2 degrees and been legally employed till now)
4. Family separation
I have an outstanding 2014 CEC application which I was approved and have COPR to land, but do to a DUI convection I don’t think they will allow me to land. I haven’t tried to land after my convection yet! So am not sure about the outcomes. I tried landing before court date which I was honest and disclosed the pending charges now I’m convicted.

Is it possible this could happen? Could I and spouse be landed using H&C arguments?

Here are the limits of H&C
1. Visitors chances to get H&C are close to 0 (short 6 months visa or visa free access for 6 months). (usually their application is not regarded).
2. The application will not prevent your deportation or arrest warrants.
3. H&C cannot be used as a pardon for criminal inadmissibility
4. In some cases you cannot apply for H&C for a certain period of time (failed refuge 12 month bar for example...)
5. The acceptant rate is rather low and the outcome is uncertain (the decision is most of the time subjective, depending how the person reviewing your case looks at the circumstances).
6. Any positive H&C decision will not protect you from future situation (for example future violation of RO).

 

[Lmason]

The humanitarian and compassionate grounds argument is a very bleak glimpse of hope when it comes to criminal inadmissability. Im in a very similar situation and I included H&C in my husbands PR application as well as rehabilitation “for information only”. He got a DUI in 2014 it dragged on in court until July 2016. He received a 2 years suspended license and no fine or jail time as it was a conditional sentence. July 2018 he will have his license reinstated, and from that time his 5 year wait will begin to be rehabilitated, and able to apply for a PR card. He is unable to visit me in Canada. We applied for the PR May 12, 2017. We are expecting our first child next month and I found out yesterday his application was refused. Canada is incredibly strict on DUI charges and there are no humanitarian and compassionate circumstances that will change the decision.

 

[canuck78]

The humanitarian and compassionate grounds argument is a very bleak glimpse of hope when it comes to criminal inadmissability. Im in a very similar situation and I included H&C in my husbands PR application as well as rehabilitation “for information only”. He got a DUI in 2014 it dragged on in court until July 2016. He received a 2 years suspended license and no fine or jail time as it was a conditional sentence. July 2018 he will have his license reinstated, and from that time his 5 year wait will begin to be rehabilitated, and able to apply for a PR card. He is unable to visit me in Canada. We applied for the PR May 12, 2017. We are expecting our first child next month and I found out yesterday his application was refused. Canada is incredibly strict on DUI charges and there are no humanitarian and compassionate circumstances that will change the decision.

Not sure why your lawyer wasn't upfront with you if he was aware of your husband's DUI conviction. Unfortunately this outcome was to be expected and it was pointless to apply.

 

[Lmason]

Not sure why your lawyer wasn't upfront with you if he was aware of your husband's DUI conviction. Unfortunately this outcome was to be expected and it was pointless to apply.

The lawyer was aware however advised we submit the rehabilitation application and check off “for information only”. And yes I agree, would have been better off trying for the TRP. My lawyer advised me the officer wouldn’t be convinced my spouse would leave the country due to our marriage. It is a very complicated case and all the options seem like dead ends.

 

[canuck78]

The lawyer should have really advised you that you would likely have to wait out the rehabilitation time. Your case is not that uncommon. Others just wait out their time and plan accordingly. Since you are a citizen you can live abroad and your child will be a Canadian citizen at birth.

 

[Lmason]

Yes I am looking at 5 years from July 2018 and the another year to process my application. I am having the baby in Canada, and now planning to leave my job, family, and property in Canada to move to a country where I can’t speak the language, I can’t support myself and will be completely dependent on my husband. It’s very difficult, but all I can do at this point due to his single offence. Just have to wait.

 

[canuck78]

When you marry someone from another country it does come with obstacles. I assume you were aware of his DUI and had realized this would be the likely outcome. Unfotunately many people seem to think they will be the one exemption. This forum has many women that got pregnant after a marriage abroad and assumed their spouse would be able to come to Canada early although the anticipated time to PR is 1 year or often longer. Luckily you are a citizen so you don't have to remain separated from your spouse to meet a RO and sponsor from Canada.

 

[Lmason]

When you marry someone from another country it does come with obstacles. I assume you were aware of his DUI and had realized this would be the likely outcome. Unfotunately many people seem to think they will be the one exemption. This forum has many women that got pregnant after a marriage abroad and assumed their spouse would be able to come to Canada early although the anticipated time to PR is 1 year or often longer. Luckily you are a citizen so you don't have to remain separated from your spouse to meet a RO and sponsor from Canada.

I really didn’t imagine it would be this difficult, I was aware of his DUI and it was always in the back of my mind although I remained optimistic we would find a way to be together in Canada. I never assumed me being pregnant would expedite the application process or land him in Canada sooner, I feel like it has made everything more complicated. It has been a year since we applied in May 2017 I was approved as a sponsor and he was refused due to his criminal record and I think that a DUI is a ridiculous reason to separate families and parents, but that’s the law.

 

[Lmason]

I really didn’t imagine it would be this difficult, I was aware of his DUI and it was always in the back of my mind although I remained optimistic we would find a way to be together in Canada. I never assumed me being pregnant would expedite the application process or land him in Canada sooner, I feel like it has made everything more complicated. It has been a year since we applied in May 2017 I was approved as a sponsor and he was refused due to his criminal record and I think that a DUI is a ridiculous reason to separate families and parents, but that’s the law. What is an RO?

 

[vensak]

RO- residency obligation. If you were a PR (permanent resident) only, you would have to maintain 2 years out of 5 in Canada in order to keep it. Which would make it even more difficult.
However count more than those 6 years . It will be more like 7-8 years.
First you have to wait to apply for rehabilitation. Then you have to wait for the rehabilitation to be complete (and the rehabilitation cases are not on the top priority of the CIC agenda). And then you have to apply for spousal sponsorship again (and that is after you will return to Canada, as that is the condition of the sponsorship.

And because he has shown his true colors (on the top of the DUI), he has little to no chance for TRV or ETA.
I would say, that you would faster become citizen in his country than he could become PR in Canada.
Anyway good luck.

 

[canuck78]

I really didn’t imagine it would be this difficult, I was aware of his DUI and it was always in the back of my mind although I remained optimistic we would find a way to be together in Canada. I never assumed me being pregnant would expedite the application process or land him in Canada sooner, I feel like it has made everything more complicated. It has been a year since we applied in May 2017 I was approved as a sponsor and he was refused due to his criminal record and I think that a DUI is a ridiculous reason to separate families and parents, but that’s the law.

Luckily nobody got hurt but a DUI can have some serious outcomes. You are quite lucky because as a citizen you can be together. You could have remained together all year if you had wanted. You just had to show intent to return to Canada if your application had been approved. Yes you wanted to be in Canada but at least you will be together.

 

[Bornlucky]

Here are the limits of H&C
1. Visitors chances to get H&C are close to 0 (short 6 months visa or visa free access for 6 months). (usually their application is not regarded).
2. The application will not prevent your deportation or arrest warrants.
3. H&C cannot be used as a pardon for criminal inadmissibility
4. In some cases you cannot apply for H&C for a certain period of time (failed refuge 12 month bar for example...)
5. The acceptant rate is rather low and the outcome is uncertain (the decision is most of the time subjective, depending how the person reviewing your case looks at the circumstances).
6. Any positive H&C decision will not protect you from future situation (for example future violation of RO).

Hi - could you please provide the source for asserting that the approval rate for inland H&Cs are "rather low?" Thanks in advance.