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H&C Humanitarian Ground with/or Without Failed refugee claim

scylla

VIP Member
Jun 8, 2010
92,541
20,360
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

Nashma

Newbie
Jul 29, 2018
3
0
Hello

I have been in Canada for 6 years. In November,2015 i submitted my H&c application. And in Mar , 2018 we received a letter from cic asked for midical exam and etc.... and i followed up the last week i found they received the medical exam in May. My question is how long it may take to call us for the i interview and to get PR
 

mims2000

Hero Member
Sep 6, 2012
367
6
Hello

I have been in Canada for 6 years. In November,2015 i submitted my H&c application. And in Mar , 2018 we received a letter from cic asked for midical exam and etc.... and i followed up the last week i found they received the medical exam in May. My question is how long it may take to call us for the i interview and to get PR

Ive been waiting for the interview too. Ive passed all the requirements they requested last novemeber and theyre still checking on my background.
 

Alien_walkingalone

Hero Member
Jul 9, 2015
269
35
Ive been waiting for the interview too. Ive passed all the requirements they requested last novemeber and theyre still checking on my background.
Actually what is background check? Look like after sending AIP still they continue to check backgrounds. Normally the background check starts firsts or later ? Anyone can answer ?
 

aman1986

Star Member
Oct 3, 2012
196
1
You have many obstacles for your H&C application. She is still very young. She should be able to care for herself like cooking, going shopping, doing basic cleaning, etc. You have a sibling living in her home country. This is a PGP case. If you file for H&C and get denied it may be much harder for her to visit in the future. You have the option of applying for a supervisa when she return to India and you can apply for PGP when and if you qualify. Not sure where you got the idea for H&C but it is very hard to get and used when there is no other option.
She already have Supervisa
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
123
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
She already have Supervisa
You shall also understand that a failed H&C case can lead to the moment where her visa will be cancelled and she would be asked to leave. So you have there much more to loose than to gain.
 

rdecartus

Star Member
Aug 29, 2012
128
8
Hello friends,
I want to file H&C application for my mother who lives by herself in my home country and was diagnosed with cancer earlier this year. She can't get super visa as no insurance company would cover her treatment in canada. What are the chances that application will be accepted? Should I do the application myself or hire an immigration lawyer? (I am a PR living in Canada.)

Your advice is highly appreciated.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
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
Hello friends,
I want to file H&C application for my mother who lives by herself in my home country and was diagnosed with cancer earlier this year. She can't get super visa as no insurance company would cover her treatment in canada. What are the chances that application will be accepted? Should I do the application myself or hire an immigration lawyer? (I am a PR living in Canada.)

Your advice is highly appreciated.
You can only file an H&C application for her if she is physically in Canada. Application will be returned if you try to file while she is living outside of Canada.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
Hello friends,
I want to file H&C application for my mother who lives by herself in my home country and was diagnosed with cancer earlier this year. She can't get super visa as no insurance company would cover her treatment in canada. What are the chances that application will be accepted? Should I do the application myself or hire an immigration lawyer? (I am a PR living in Canada.)

Your advice is highly appreciated.
Is she in Canada? H&C will take over a year. Living by yourself is not a reason for H&C if he has other family members who live close to her. You will have to pay for all treatment until at least the case is heard.
 
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Reactions: scylla

scylla

VIP Member
Jun 8, 2010
92,541
20,360
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
Is she in Canada? H&C will take over a year. Living by yourself is not a reason for H&C if he has other family members who live close to her. You will have to pay for all treatment until at least the case is heard.
Don't think she is in Canada...
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,120
She already have Supervisa
If I remember your mom's case correctly:
1. She had 2 or 3 previous TRV refusals. I think she was applying to take care of your new baby at that time.

2. She now has a super visa. Is she taking care of your child/children while you work?

3. She is attempting a H&C.


Basically, IRCC will see this as repeated attempts to stay long-term/permanently. PGP sponsorship is available for this if you and your husband qualify for it + if you get lucky in the lottery.

Her H&C claim is likely to fail because your mom can live with your brother in India + your mom can take care of herself. She had a business previously, right?
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
If I remember your mom's case correctly:
1. She had 2 or 3 previous TRV refusals. I think she was applying to take care of your new baby at that time.

2. She now has a super visa. Is she taking care of your child/children while you work?

3. She is attempting a H&C.


Basically, IRCC will see this as repeated attempts to stay long-term/permanently. PGP sponsorship is available for this if you and your husband qualify for it + if you get lucky in the lottery.

Her H&C claim is likely to fail because your mom can live with your brother in India + your mom can take care of herself. She had a business previously, right?
Why wouldn't you attempt to see if you get an extension on her supervisa? Your attempt to misuse the H&C system will only hurt you in the future. Any future extension requests could be rejected because it is clear that you are trying anyway possible to have her remain in Canada. If she has a son in India there is no H&C reason.
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,120
@aman1986

Why wouldn't you attempt to see if you get an extension on her supervisa? Your attempt to misuse the H&C system will only hurt you in the future. Any future extension requests could be rejected because it is clear that you are trying anyway possible to have her remain in Canada. If she has a son in India there is no H&C reason.
Agreed. Her mom would probably get a one year extension on the current super visa entry.

Not sure what the basis of the H&C claim would be but apparently there's no valid reason. A H&C refusal would negatively affect the possibility of being granted any temporary visas in the future