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H&C reasons

tjkdl

Member
Feb 14, 2020
14
1
Hi, does anyone know how the H&C reasons could be attached to a case? I now have two cases waiting but without any further progress...

Case 1: Sponsor my wife and children (now 2 years old). I submitted the case in Nov 2018, and received acknowledgement in Feb 2019. Then nothing up to now...
Case 2: Renew of my PR card. I submitted this case in Oct 2019, and received acknowledgement in Nov 2019. Then what I know is it has been transferred to local office.

My story is:
I got my PR and soft landed in Sept 2013, stayed in Canada for just a few weeks. I went back to my home country, and got married in Dec 2013. My wife is not a PR nor a Citizen of Canada. We realized in 2015 that for some reason we have to go through the assisted fertilization process so to have baby. We decided to tried, failed, tried, failed... finally in 2017 my wife got pregnant, and our baby were born in March 2018. I still don't want to give up my status in Canada, so I returned in Oct 2018 on myself (my wife and baby are still in my home country), right a week before my PR card was getting expired. I got no issue entering Canada. I prepared every document before I came, and submitted Case 1 right after I entered Canada.
I started a stable job from Mar 2019. I returned to my home country in Sept 2019 for 3 weeks to see my family, without a PR card, I went through Buffalo. When I came back to Canada, I was questioned by the boarder officer, and I explained to her why I missed RO. She let me in and showed compassionate after knowing my story, and encouraged me to apply to renew my PR card. So I submitted case 2.

I have attached letters about my story, attached my employment documents to my cases through the web form. However I never get a valid response.
Does anyone has similar situation (the reason of H&C could be different) but has successfully went through a case application? How long do I still need to wait...

Thanks
 

Copingwithlife

Champion Member
Jul 29, 2018
1,498
561
Earth
You should of waited till you were in compliance before submitting ANYTHING. You don't have any H&C reasons from what you've explained.You soft landed and left. You weren't on the IRCC radar prior, but by submitting either case, you are now
Transferred to local office = checking your compliance
Sounds like what's happening now is what should of happened the second time when you entered . Referred to the IRCC.
Btw, what exactly is case 1/2 ? Did you start the sponsorship of your wife & child while not in compliance ?
 
Last edited:

scylla

VIP Member
Jun 8, 2010
61,250
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Toronto
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Buffalo
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28-05-2010
AOR Received.
19-08-2010
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28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi, does anyone know how the H&C reasons could be attached to a case? I now have two cases waiting but without any further progress...

Case 1: Sponsor my wife and children (now 2 years old). I submitted the case in Nov 2018, and received acknowledgement in Feb 2019. Then nothing up to now...
Case 2: Renew of my PR card. I submitted this case in Oct 2019, and received acknowledgement in Nov 2019. Then what I know is it has been transferred to local office.

My story is:
I got my PR and soft landed in Sept 2013, stayed in Canada for just a few weeks. I went back to my home country, and got married in Dec 2013. My wife is not a PR nor a Citizen of Canada. We realized in 2015 that for some reason we have to go through the assisted fertilization process so to have baby. We decided to tried, failed, tried, failed... finally in 2017 my wife got pregnant, and our baby were born in March 2018. I still don't want to give up my status in Canada, so I returned in Oct 2018 on myself (my wife and baby are still in my home country), right a week before my PR card was getting expired. I got no issue entering Canada. I prepared every document before I came, and submitted Case 1 right after I entered Canada.
I started a stable job from Mar 2019. I returned to my home country in Sept 2019 for 3 weeks to see my family, without a PR card, I went through Buffalo. When I came back to Canada, I was questioned by the boarder officer, and I explained to her why I missed RO. She let me in and showed compassionate after knowing my story, and encouraged me to apply to renew my PR card. So I submitted case 2.

I have attached letters about my story, attached my employment documents to my cases through the web form. However I never get a valid response.
Does anyone has similar situation (the reason of H&C could be different) but has successfully went through a case application? How long do I still need to wait...

Thanks
Spouse / child sponsorship is pretty much always refused in these situations. You have to meet the residency requirement at the time you apply to qualify to sponsor them. I'm not sure we've seen any successful cases here where sponsorship was approved. I'm sure others will correct me if we have.

The H&C cases that we most often see accepted here are those related to taking care of an aged and ill parent in the home country who cannot live alone and where there are no other relatives to take care of them (typically the child in Canada is an only child to that parent). The second most common is where someone was removed as a minor and was unable to fulfill the residency obligation for this reason.

I'm not sure your case is very strong at all from an H&C perspective. You made the choice to remain outside of Canada to go through assisted fertilization processes and have the baby there. Not sure I see any of this falling under H&C. However at this point all you can do is wait and hope for the best. IRCC will not make a decision in the sponsorship application until they have made a decision in your PR card renewal application. You may still have a very long wait ahead of you before you have a decision on either.
 
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tjkdl

Member
Feb 14, 2020
14
1
You should of waited till you were in compliance before submitting ANYTHING. You don't have any H&C reasons from what you've explained.You soft landed and left. You weren't on the IRCC radar prior, but by submitting either case, you are now
Transferred to local office = checking your compliance
Sounds like what's happening now is what should of happened the second time when you entered . Referred to the IRCC.
Btw, what exactly is case 1/2 ? Did you start the sponsorship of your wife & child while not in compliance ?
Thank you for your quick reply. Yes, Case 1, I started the sponsorship to my wife and children.
 

tjkdl

Member
Feb 14, 2020
14
1
Spouse / child sponsorship is pretty much always refused in these situations. You have to meet the residency requirement at the time you apply to qualify to sponsor them. I'm not sure we've seen any successful cases here where sponsorship was approved. I'm sure others will correct me if we have.

The H&C cases that we most often see accepted here are those related to taking care of an aged and ill parent in the home country who cannot live alone and where there are no other relatives to take care of them (typically the child in Canada is an only child to that parent). The second most common is where someone was removed as a minor and was unable to fulfill the residency obligation for this reason.

I'm not sure your case is very strong at all from an H&C perspective. You made the choice to remain outside of Canada to go through assisted fertilization processes and have the baby there. Not sure I see any of this falling under H&C. However at this point all you can do is wait and hope for the best. IRCC will not make a decision in the sponsorship application until they have made a decision in your PR card renewal application. You may still have a very long wait ahead of you before you have a decision on either.
Hi Scylla, thank you for your reply. I know my case doesn't have a normal reason than many of others. But this is the reality... we wanted to have baby... We did the initial medical check in my home country, it was kind like a moving vehicle that don't allow you to get off... step by step, failed and failed...

Have you ever heard any experience how long to take the H&C decision? And regardless what the reason of H&C, am I doing the right thing to submit these reasons through web form?
 

scylla

VIP Member
Jun 8, 2010
61,250
7,930
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
Hi Scylla, thank you for your reply. I know my case doesn't have a normal reason than many of others. But this is the reality... we wanted to have baby... We did the initial medical check in my home country, it was kind like a moving vehicle that don't allow you to get off... step by step, failed and failed...

Have you ever heard any experience how long to take the H&C decision? And regardless what the reason of H&C, am I doing the right thing to submit these reasons through web form?
You may be looking at a year or a year and a half from the time you submitted your PR card renewal application.

I understand the moving vehicle bit. However unfortunately I don't see the strong H&C argument here which is the tough part. I think there's a high chance IRCC will say you made a personal choice to remain outside of Canada and could have done all of this in Canada. I would say that we have seen similar cases before (i.e. where people have tried to use similar family reasons for H&C arguments). These applications generally fail.

Sure - you can continue to submit evidence. However what's really most important from an H&C perspective is what kept you from moving to Canada sooner to meet the residency obligation. Hopefully you submitted all of this with your original PR card renewal application.
 

tjkdl

Member
Feb 14, 2020
14
1
You may be looking at a year or a year and a half from the time you submitted your PR card renewal application.

I understand the moving vehicle bit. However unfortunately I don't see the strong H&C argument here which is the tough part. I think there's a high chance IRCC will say you made a personal choice to remain outside of Canada and could have done all of this in Canada. I would say that we have seen similar cases before (i.e. where people have tried to use similar family reasons for H&C arguments). These applications generally fail.

Sure - you can continue to submit evidence. However what's really most important from an H&C perspective is what kept you from moving to Canada sooner to meet the residency obligation. Hopefully you submitted all of this with your original PR card renewal application.
While waiting a year and half, I will meet RO in November this year, which is 9 months from now. Am I still get a chance that my PR status could be cancelled even after I am compliance with RO (after November 2020)?
 

tjkdl

Member
Feb 14, 2020
14
1
Hi Scylla, thank you for your reply. I know my case doesn't have a normal reason than many of others. But this is the reality... we wanted to have baby... We did the initial medical check in my home country, it was kind like a moving vehicle that don't allow you to get off... step by step, failed and failed...

Have you ever heard any experience how long to take the H&C decision? And regardless what the reason of H&C, am I doing the right thing to submit these reasons through web form?
Also, do? we know how long IRCC normally take to refuse a case?
 

canuck_in_uk

VIP Member
May 4, 2012
28,730
6,280
Visa Office......
London
App. Filed.......
06/12
Hi Scylla, thank you for your reply. I know my case doesn't have a normal reason than many of others. But this is the reality... we wanted to have baby... We did the initial medical check in my home country, it was kind like a moving vehicle that don't allow you to get off... step by step, failed and failed...

Have you ever heard any experience how long to take the H&C decision? And regardless what the reason of H&C, am I doing the right thing to submit these reasons through web form?
Assisted reproduction is available in Canada, so it didn't require you to stay in your country. I agree with the others that your case is weak.
 

zardoz

VIP Member
Feb 2, 2013
13,350
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While waiting a year and half, I will meet RO in November this year, which is 9 months from now. Am I still get a chance that my PR status could be cancelled even after I am compliance with RO (after November 2020)?
Yes. It's assessed at the moment that the application is received. Days that you add after that application are not retrospectively taken into consideration.
You could easily lose your PR status at this point in time.
 

tjkdl

Member
Feb 14, 2020
14
1
Yes. It's assessed at the moment that the application is received. Days that you add after that application are not retrospectively taken into consideration.
You could easily lose your PR status at this point in time.
Thank you Zardoz. Would withdraw my cases now help? Or nothing I can do but just wait...
 

tjkdl

Member
Feb 14, 2020
14
1
Assisted reproduction is available in Canada, so it didn't require you to stay in your country. I agree with the others that your case is weak.
Thanks for your reply Canuck_in_uk! Although sad to know :( but it's reality I may have to face. Have a good day
 

tjkdl

Member
Feb 14, 2020
14
1
Appreciate If anyone could share an experience timeline of refuse cases , refuse of sponsorship? refuse of pr card renew?
 

tjkdl

Member
Feb 14, 2020
14
1
No since you have already past the intake period where you would have been flagged.
Thank you Canuck78, seems the only thing I can do is to "rest in peace" and wait, as mentioned in web form response :)

just don't know for how long...