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Humanitarian and Compassionate grounds (sponsorship)

ianovy16

Star Member
Aug 15, 2011
127
2
Category........
Visa Office......
CEM
Job Offer........
Pre-Assessed..
App. Filed.......
March 01, 2012
AOR Received.
MARCH 9, 2012
Med's Request
MARCH 9, 2012
Med's Done....
March 13, 2012
VISA ISSUED...
..........
LANDED..........
..........
We need help concerning my husband's daughter.

My husband declared her back in 2012 when my husband applied for our PR (illegitimate child) So whether the daughter is accompanying or not, CIC still requested a Medical Exam for her. But the problem was her mother doesn't want to cooperate. My husband came to a point wherein he needed to remove his daughter from his PR application, cause we have to protect our son's future too. We needed to move forward for our son.

So my husband signed a form from the CIC. It's like a consent form, that she will be removed from the PR application for review in Canada. It also says there that my husband won't be able to sponsor his daughter in the future (subsection 117 (9)(d))

My husband did his best to get his daughter the chance to be here in Canada. However, The mother doesn't want her to be included in his PR application.

Now, my husband visited his daughter in the Philippines. He was able to be with her for a short period of time and the daughter asked him if there's a chance for her to be with him here in Canada. That statement came from a 15 year old girl. She smart and my husband would love to bring her here. She has a lot of potential to be succesfull here in canada.

Questions:

Will this fall under the humanitarian and compassionate grounds?
Is there a chance for us to get her here in Canada?
will there be an exemption? Since the parent (mother) is at fault? I mean, the mother didnt let her decides whether she wants to be included on her father's application. It wasnt discused to her all the possibilties or rather opportunities that she may have if she was examined by the immigration?

Now she's asking about her future her in Canada.

I am hoping and praying that someone could give us an advice and inputs on what to do and where to start. We want to do this as soon as possible.

Please and thank you so much!
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
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
Unfortunately it's unlikely it is going to be possible for your husband to sponsor his daughter. There is no exemption regardless of the circumstance. You've correctly understood that by removing her from his application, he can never sponsor her.

You can only make an attempt under H&C if she is physically in Canada. So she would need to apply for and successfully obtain a TRV - and then come to Canada. Even then - absolutely no guarantee of approval (H&C applications unfortunately have high rates of refusals). However you can certainly give it a try.