Humanitarian & Compassionate "re-admitted" question

[jesis7]

Dear all,

After my cousin sending her Humanitarian & Compassionate application 2 years ago (while she was in Canada). Now, she just received a letter from IRCC to let her know that she will be accepted to remain in Canada as a permanent resident, before she submitting all their required forms within 30 days, which will include her latest medical examination, and she also can pay ahead for her Right of Permanent Residence Fee

But, in this letter, there is a note saying "If you leave Canada for any reason while your application for permanent residence is in process, there is no guarantee that you will be re-admitted to continue with this application".

Due to her illness in Canada while she applying for her H&C case, and with less cost, about a year ago, she had to leave Canada to go back home to be able to treat with herbal treatment. Now, she needs to get back to Canada to be comply with the above note. Is this will be a problem? And can she use this IRCC letter to apply for her visa to return back to Canada from her country now?

Please, please advise.

Thank you in advance.

 

[YVR123]

I am suprised that your cousin left. So what is the H&C reason to remain in Canada?
Seems like she was doing better in her home country with the herbal treatment back in her home country.

I do not think getting a TRV will be easy at this point. H&C is generally only possible to apply inside Canada. Exactly as stated in the letter:
"If you leave Canada for any reason while your application for permanent residence is in process, there is no guarantee that you will be re-admitted to continue with this application".

 

[Copingwithlife]

Dear all,

After my cousin sending her Humanitarian & Compassionate application 2 years ago (while she was in Canada). Now, she just received a letter from IRCC to let her know that she will be accepted to remain in Canada as a permanent resident, before she submitting all their required forms within 30 days, which will include her latest medical examination, and she also can pay ahead for her Right of Permanent Residence Fee

But, in this letter, there is a note saying "If you leave Canada for any reason while your application for permanent residence is in process, there is no guarantee that you will be re-admitted to continue with this application".

Due to her illness in Canada while she applying for her H&C case, and with less cost, about a year ago, she had to leave Canada to go back home to be able to treat with herbal treatment. Now, she needs to get back to Canada to be comply with the above note. Is this will be a problem? And can she use this IRCC letter to apply for her visa to return back to Canada from her country now?

Please, please advise.

Thank you in advance.

What is confusing is that she got sick here in Canada , per you ,Canada’s healthcare system saved her life, filed H&C because she was a student who fell out of status , then left back to her home country. Her file would already have a copy of that letter in it . The letter is a statement that if she leaves Canada , she might not get a visa to return , hence her application would not be processed

 

[canuck78]

Dear all,

After my cousin sending her Humanitarian & Compassionate application 2 years ago (while she was in Canada). Now, she just received a letter from IRCC to let her know that she will be accepted to remain in Canada as a permanent resident, before she submitting all their required forms within 30 days, which will include her latest medical examination, and she also can pay ahead for her Right of Permanent Residence Fee

But, in this letter, there is a note saying "If you leave Canada for any reason while your application for permanent residence is in process, there is no guarantee that you will be re-admitted to continue with this application".

Due to her illness in Canada while she applying for her H&C case, and with less cost, about a year ago, she had to leave Canada to go back home to be able to treat with herbal treatment. Now, she needs to get back to Canada to be comply with the above note. Is this will be a problem? And can she use this IRCC letter to apply for her visa to return back to Canada from her country now?

Please, please advise.

Thank you in advance.

She was required to tell IRCC when she left the country. She needs to contact IRCC and update her case since the decision was made based on the fact that she was in Canada. AIP doesn’t guarantee a TRV or entry into Canada. Would start with updating her H&C application.

 

[jesis7]

She was required to tell IRCC when she left the country. She needs to contact IRCC and update her case since the decision was made based on the fact that she was in Canada. AIP doesn’t guarantee a TRV or entry into Canada. Would start with updating her H&C application.

Thank you for your reply, canuck78.

That what we thought too.

 

[scylla]

Dear all,

After my cousin sending her Humanitarian & Compassionate application 2 years ago (while she was in Canada). Now, she just received a letter from IRCC to let her know that she will be accepted to remain in Canada as a permanent resident, before she submitting all their required forms within 30 days, which will include her latest medical examination, and she also can pay ahead for her Right of Permanent Residence Fee

But, in this letter, there is a note saying "If you leave Canada for any reason while your application for permanent residence is in process, there is no guarantee that you will be re-admitted to continue with this application".

Due to her illness in Canada while she applying for her H&C case, and with less cost, about a year ago, she had to leave Canada to go back home to be able to treat with herbal treatment. Now, she needs to get back to Canada to be comply with the above note. Is this will be a problem? And can she use this IRCC letter to apply for her visa to return back to Canada from her country now?

Please, please advise.

Thank you in advance.

I don't think she should be applying for a TRV. Normally if someone ends up outside of Canada, they would wait for the application processing to finish, the application to be approved, and the COPR to be issued. They would then travel back to Canada on the COPR.

I assume she notified IRCC when she left Canada. She should send a message to them again now to remind them that she is no longer in Canada.

 

[jesis7]

Thank you Scylla.

 

[canuck78]

I don't think she should be applying for a TRV. Normally if someone ends up outside of Canada, they would wait for the application processing to finish, the application to be approved, and the COPR to be issued. They would then travel back to Canada on the COPR.

I assume she notified IRCC when she left Canada. She should send a message to them again now to remind them that she is no longer in Canada.

It actually don’t think it’s clear that she advised IRCC that she left Canada. Given the situation I would assume she hasn’t. The answer would influence whether she should apply for the TRV right away or wait until IRCC reassess the H&C application knowing she has been outside Canada for a year. @jesis7 did your cousin inform IRCC when she left Canada?

 

[jesis7]

It actually don’t think it’s clear that she advised IRCC that she left Canada. Given the situation I would assume she hasn’t. The answer would influence whether she should apply for the TRV right away or wait. @jesis7 did your cousin inform IRCC when she left Canada?

Canuck78,

I don't think she informed IRCC when she left Canada, since she did not know she had to do that, also she have no idea if her H& R application would be approve. She just really needed to seek herbal treatment for her illness.

Thanks for your question.

 

[canuck78]

Canuck78,

I don't think she informed IRCC when she left Canada, since she did not know she had to do that, also she have no idea if her H& R application would be approve. She just really needed to seek herbal treatment for her illness.

Thanks for your question.

She was required to inform IRCC of any changes to her file. The big issue is it sounds like the basis of her claim for H&C was that she could not leave Canada because of her medical needs. If she has been able to live outside of Canada for the past year her file needs to be reassessed based on the fact that she has been able to live in her home country. She needs to be contacting IRCC but specifically the H&C office where her file is located (probably Niagara Falls but could be wrong) and explain when she left Canada and why. Include proof of care she needed and why it was only available abroad. She then will have to provide proof of why she needs to live in Canada and why she couldn’t continue living in her home country.

 

[jesis7]

She was required to inform IRCC of any changes to her file. The big issue is it sounds like the basis of her claim for H&C was that she could not leave Canada because of her medical needs. If she has been able to live outside of Canada for the past year her file needs to be reassessed based on the fact that she has been able to live in her home country. She needs to be contacting IRCC but specifically the H&C office where her file is located (probably Niagara Falls but could be wrong) and explain when she left Canada and why. Include proof of care she needed and why it was only available abroad. She then will have to provide proof of why she needs to live in Canada and why she couldn’t continue living in her home country.

Thank you so much for your informative reply, Canuck78.

Our family have discussing this matter and will follow all the requirements from the IRCC letter sent to her.

 

[canuck78]

Thank you so much for your informative reply, Canuck78.

Our family have discussing this matter and will follow all the requirements from the IRCC letter sent to her.

Would be reluctant to celebrate that she has been accepted yet. The instructions in the letter are primarily for those who were deported during the H&C and not typically people who left and did not inform IRCC that they had left Canada. Most do not willingly leave Canada during an H&C application. The processing of the H&C file would have been done after your cousin left Canada and was based on the original profile where your cousin was living in Canada and had likely said she could not return home because of disability, access to care, etc. Her file must really be reexamined based on a lot of different information. The first thing she needs to do is contact the H&C offices and inform them that she had left Canada around a year ago to seek herbal treatment. It would be very bad for the H&C officer to receive a medical done abroad not knowing she had been abroad for a year and feel like your cousin was not being honest. She will need to prove why she needed to leave Canada for this treatment and why she can’t remain living abroad. Would personally consult a lawyer if she wants to live in Canada since her H&C file has become much more complex and justifying that she needs to live in Canada based on H&C reasons much harder. First step is to contact H&C office and update her file which really needed to be done last year and throughout the year as her situation changed. You can include letters from her physician in Canada if they indicated that this herbal therapy was required and why it was not possible in Canada. If this wasn’t suggested by her medical team in Canada would provide data showing how this treatment was successful and proof that is wasn’t available in Canada. Your cousin should also provide an update about what she has been doing for the past year, who she has been living with, whether she has been able to study/work/volunteer/participate in certain activities/etc. and why she can not remain in her home country with proof of why she can not remain there. If you don’t contact H&C and update her file then that would be considered misrepresentation which can have serious consequences. I would expect that H&C will then pull the AIP or put it on hold to review the case again. You can confirm with the H&C office whether you should move forward with submitting all the requested documentation within 30 days and pay the PR fee as well as attempt to secure a TRV or whether they need to review the updated information. You wouldn’t want to apply for a TRV based on an approved AIP letter only for it to be put on hold. It could look like you are trying to mislead the visa officer.

 

[jesis7]

Good morning Canuck78, and all,

We are confusing why IRCC had sent us a letter which indicated that my cousin can pay RPRF fee, but in the note below from RPRF LINK DOES NOT ALLOW my cousin to pay this fee?

Please help to advise us what do we need to do now, to get her back/return to Canada from her home country??

Thank you very much in advance.

jesis7.

Right of permanent residence fee

515

For most permanent residence applications, you need to pay the right of permanent residence fee (RPRF) when your application is approved. You will have to pay it before you can become a permanent resident.
You can pay the RPRF at the same time as your application fees to avoid delays. If we approve your application before you pay it, we will contact you to explain how.
We will refund the RPRF if you withdraw or we refuse your application. The RPRF is the only fee that we can refund after we start processing your application.

The RPRF does not apply to:

• the dependent children of a principal applicant or sponsor
• sponsorship applications for adopted children
• sponsorship applications for an orphaned brother, sister, niece, nephew or grandchild or
• protected persons, including applicants eligible on humanitarian and compassionate grounds and convention refugees.