Spousal sponsorship outbound with H&C ground

[M&F2019]

Hi guys, any idea how the process work with outland sponsorship with humanitarian and compassionate ground?
Application submitted August 19th
AOR1 October 29th.
Since then, it says processing, I have a representative so I can not link Application.
Any know how the processing work for this type of application?
Please help. Thanks

 

[armoured]

Who is sponsoring whom? Why are h and c grounds needed?

 

[M&F2019]

Who is sponsoring whom? Why are h and c grounds needed?

I am a Canadian citizen sponsoring my husband.

He applied for visitors visa but got denied and given a 5yrs banned because he said no to the question: have you been refused visa to Canada or any country? He just read Canada and said no but he was refused visa for US.
We didn't know there was a banned because we did not receive the refusal letter. Just a notice to go pickup his passport and a note saying to check email for letter. No letter, we email them saying we didn't receive letter, no response.
We got married that same year, apply for spouse sponsorship , after a year of waiting, medical and biometric, we found out there is a banned.
We tried to appeal but the appeal board said because the banned is on a visitors visa, they might not be able to hear our case.

I am a single mother with 3 kids, my younger one has autism, my oldest one jut did a major spinal surgery. I work 2 jobs. I can go on but I think this give an idea of my struggle.

 

[armoured]

He applied for visitors visa but got denied and given a 5yrs banned because he said no to the question: have you been refused visa to Canada or any country? He just read Canada and said no but he was refused visa for US.
...
We got married that same year, apply for spouse sponsorship , after a year of waiting, medical and biometric, we found out there is a banned.
We tried to appeal but the appeal board said because the banned is on a visitors visa, they might not be able to hear our case.

-I do not know for certain that one can apply for H&C spouse sponsorship from abroad. I had understood that most H&C must be filed from within Canada.

-If you do not know for certain, you likely need legal counsel. It may be that you also need lawyer to determine whether you can appeal.

-You say you have a representative - is this a lawyer or just some kind of immigration consultant? If the latter, I would be concerned that your consultant possibly does not know what they are doing.

-I repeat, I think you need a lawyer - if there's a chance to challenge what happened, it may be procedural rather than H&C is better grounds to challenge.

-Back to your original question, 'how does it work' - your case/situation is pretty unique and there won't be many here that could tell you. And if you have a lawyer or consultant and they can't tell you what they know about the process, they may not be very good at this.

 

[M&F2019]

-I do not know for certain that one can apply for H&C spouse sponsorship from abroad. I had understood that most H&C must be filed from within Canada.

-If you do not know for certain, you likely need legal counsel. It may be that you also need lawyer to determine whether you can appeal.

-You say you have a representative - is this a lawyer or just some kind of immigration consultant? If the latter, I would be concerned that your consultant possibly does not know what they are doing.

-I repeat, I think you need a lawyer - if there's a chance to challenge what happened, it may be procedural rather than H&C is better grounds to challenge.

-Back to your original question, 'how does it work' - your case/situation is pretty unique and there won't be many here that could tell you. And if you have a lawyer or consultant and they can't tell you what they know about the process, they may not be very good at this.

Thank you very much for your response.

Yes, I have lawyer. I didn't ask him how the process work, perhaps I should have.

As to whether you can apply for H&C abroad,
Please see below link.
Thank you again for I really appreciate it .

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/outside-canada/eligibility-submit-application-overseas-context.html

 

[Naturgrl]

Hi guys, any idea how the process work with outland sponsorship with humanitarian and compassionate ground?
Application submitted August 19th
AOR1 October 29th.
Since then, it says processing, I have a representative so I can not link Application.
Any know how the processing work for this type of application?
Please help. Thanks

You can check with the following link for average processing times.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

 

[scylla]

-I do not know for certain that one can apply for H&C spouse sponsorship from abroad. I had understood that most H&C must be filed from within Canada.

-If you do not know for certain, you likely need legal counsel. It may be that you also need lawyer to determine whether you can appeal.

-You say you have a representative - is this a lawyer or just some kind of immigration consultant? If the latter, I would be concerned that your consultant possibly does not know what they are doing.

-I repeat, I think you need a lawyer - if there's a chance to challenge what happened, it may be procedural rather than H&C is better grounds to challenge.

-Back to your original question, 'how does it work' - your case/situation is pretty unique and there won't be many here that could tell you. And if you have a lawyer or consultant and they can't tell you what they know about the process, they may not be very good at this.

FYI - OP hasn't applied for PR under H&C. You are right, this has to be done from within Canada but this is not what the OP has done. OP has applied for spousal sponsorship outland with H&C considerations.

 

[scylla]

Hi guys, any idea how the process work with outland sponsorship with humanitarian and compassionate ground?
Application submitted August 19th
AOR1 October 29th.
Since then, it says processing, I have a representative so I can not link Application.
Any know how the processing work for this type of application?
Please help. Thanks

The first part of the application processing (sponsor approval) should be normal. Like it would be for any other outland application.

Once IRCC starts processing the applicant section, you should expect longer than normal processing times and potentially additional information requests and / or an interview. This is where the inadmissibility issue will come up and impact the application.

Overall, expect longer than normal processing times.

Good luck.

 

[M&F2019]

The first part of the application processing (sponsor approval) should be normal. Like it would be for any other outland application.

Once IRCC starts processing the applicant section, you should expect longer than normal processing times and potentially additional information requests and / or an interview. This is where the inadmissibility issue will come up and impact the application.

Overall, expect longer than normal processing times.

Good luck.

Thank you very much for your response.
I am a bit concerned because most August applications on this forum has gotten SA, medical and biometric but mine is still in process. Hopefully soon

 

[scylla]

Thank you very much for your response.
I am a bit concerned because most August applications on this forum has gotten SA, medical and biometric but mine is still in process. Hopefully soon

Your application is completely non-standard. So I would not worry about what timelines you are seeing for standard applications.

 

[M&F2019]

Your application is completely non-standard. So I would not worry about what timelines you are seeing for standard applications.

Thank you, I will try to be patient

 

[efie]

I am a Canadian citizen sponsoring my husband.

He applied for visitors visa but got denied and given a 5yrs banned because he said no to the question: have you been refused visa to Canada or any country? He just read Canada and said no but he was refused visa for US.
We didn't know there was a banned because we did not receive the refusal letter. Just a notice to go pickup his passport and a note saying to check email for letter. No letter, we email them saying we didn't receive letter, no response.
We got married that same year, apply for spouse sponsorship , after a year of waiting, medical and biometric, we found out there is a banned.
We tried to appeal but the appeal board said because the banned is on a visitors visa, they might not be able to hear our case.

I am a single mother with 3 kids, my younger one has autism, my oldest one jut did a major spinal surgery. I work 2 jobs. I can go on but I think this give an idea of my struggle.

The only way you can sponsor through H&C is when you came through Canada under H&C and added him/her to your application as non-accompanying and later, when you get your approval to become PR from the start, then you can apply to sponsor him as accompanying but in this case, you are already a Canadian citizen which makes your case a little technical (the complexity of applications ranges in less mode when it's a temporary status application to PR and to Citizens) and unless of course in exceptional cases, so is good you involve a lawyer to decode somethings to you

 

[scylla]

The only way you can sponsor through H&C is when you came through Canada under H&C and added him/her to your application as non-accompanying and later, when you get your approval to become PR from the start, then you can apply to sponsor him as accompanying but in this case, you are already a Canadian citizen which makes your case a little technical (the complexity of applications ranges in less mode when it's a temporary status application to PR and to Citizens) and unless of course in exceptional cases, so is good you involve a lawyer to decode somethings to you

The OP has not applied under H&C.

The OP has submitted a regular spousal sponsorship application outland with H&C considerations. This is something completely different.

 

[efie]

The OP has not applied under H&C.

The OP has submitted a regular spousal sponsorship application outland with H&C considerations. This is something completely different.

Then....H&C is between 18-28 months while regular sponsorship goes with 12 months if peradventure and looking at this, did they apply for Both Applications as they are all under different categories and if H&C will be considered then, they will use the lengthy time in planning for the consideration which comes in 2 stages....stage 1 and 2 after months....If she's lucky then the lawyers advocacy must stand strong to convince the senior officer from stage 1 and then to stage 2...I pray God sends her good speed on this matter!!

 

[scylla]

Then....H&C is between 18-28 months while regular sponsorship goes with 12 months if peradventure and looking at this, did they apply for Both Applications as they are all under different categories and if H&C will be considered then, they will use the lengthy time in planning for the consideration which comes in 2 stages....stage 1 and 2 after months....If she's lucky then the lawyers advocacy must stand strong to convince the senior officer from stage 1 and then to stage 2...I pray God sends her good speed on this matter!!

You are still misunderstanding.

OP did not apply under the H&C stream.

OP submitted an outland spousal sponsorship and requested H&C consideration for the inadmissibility. This is one single application. It is not two separate applications.