Refusal on old Visit Visa extension after re-entry (while in midst of H&C application)

[CanGoldDigger]

Sorry you keep saying that you have a strong H&C case but I don't see a case really in your circumstances, although H&C is mostly discretionary, it has its limits anyway.

You would better withdraw your H&C application and apply for super visa, it's a better option and still viable. Dual intent is legit and not a problem that cannot be overcome.

 

[canuck78]

Sorry you keep saying that you have a strong H&C case but I don't see a case really in your circumstances, although H&C is mostly discretionary, it has its limits anyway.

You would better withdraw your H&C application and apply for super visa, it's a better option and still viable. Dual intent is legit and not a problem that cannot be overcome.

My personal opinion but that would likely be risky. The record of the H&C claimant make supervisa approval very difficult. Don’t think H&C and supervisa would be considered under dual intent. PGP and supervisa would be considered dual intent.

 

[abff08f4813c]

Don’t think H&C and supervisa would be considered under dual intent. PGP and supervisa would be considered dual intent.

Going a bit off-topic here, but this is interesting. Canada understands dual intent differently from other countries, like the US for example. In the US, as per https://agimmigration.law/en/dual-intent-visas/ only specific types of visas can be considered as having dual intent (and even then, the applicant is still scrutinized to determine if they really will leave if their permanent application fails and their temporary status expires).

Canada by contrast, as per the folks who host the forum at https://www.canadavisa.com/immigration-canada-dual-intent.html , is willing to allow for dual intent for almost any sort of temporary status basically (albeit the applicant is also scrutinized). But the system seems more flexible.

My personal opinion but that would likely be risky. The record of the H&C claimant make supervisa approval very difficult. Don’t think H&C and supervisa would be considered under dual intent.

This makes sense. The circumstances behind an H&C application are usually such that the applicant is basically stating that they can't leave.

I wonder though if there's technically a ban on considering dual intent with H&C and some temporary status (meaning an automatic denial by computer), or if it's only that the bar is so hard to pass, based on the nature of circumstances that would lead one to request H&C, that it's just practically impossible (meaning a human has to think about it for a few, before denying).