JR case followed up with h&c QUESTION

[Danii120]

Hey everyone,

I just have a question if anyone knowledgeable can help me out please.

We are a family of 5, im the eldest (25). We have our case in JR court going on, this march would be an answer lawyer said. Just in case JR’s decision is negative my family wants to do H&C. My question is , if the decision from federal court comes negative can I (Only I) withdraw my application? and my family can stay back and apply for h&c.

Is that possible? or would that affect my family application?

 

[scylla]

Hey everyone,

I just have a question if anyone knowledgeable can help me out please.

We are a family of 5, im the eldest (25). We have our case in JR court going on, this march would be an answer lawyer said. Just in case JR’s decision is negative my family wants to do H&C. My question is , if the decision from federal court comes negative can I (Only I) withdraw my application? and my family can stay back and apply for h&c.

Is that possible? or would that affect my family application?

It's a bit confusing to understand what you are asking. If the federal court decision is negative, there will be nothing to withdraw.

Are you asking that if the federal court decision is negative, can you leave Canada while the rest of your family remains in Canada and attempts to apply for PR through the H&C route? If so, the answer to that is yes. Note that your family either needs to wait for 12 months after the negative federal court decision to submit the H&C application or they must meet one of the exception rules that allows them to apply without waiting the 12 months.

 

[canuck78]

Depending on the ages of your siblings they may have to apply for their own H&C application. If 22 or older at the time they will need to apply on their own. The children actually will have a much better chance of getting approved for H&C versus parents so a child 18 or older may want to consider applying for H&C on their own versus with their parents.