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Question about H&C Approval

compuguy2000

Member
Dec 8, 2019
15
0
Originally posted in "General" discussions. Was suggested I post here.

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Hi Everyone,

Back in September 2020 my lawyer forwarded me the response for my wife's H&C application.

The response was basically "you received a letter advising you that a representative of the Minister of Citizenship and Immigration Canada approved your request for an exemption from certain legislative requirements to allow processing of your application for permanent residence from within Canada."

From what I understand from reading on this forum, that being approved at stage 1 is the hard part of the H&C application and that stage 2 is basically providing any needed information that they ask for. Which we have provided.

The thing that I'm not sure about is the fact that she is not in Canada anymore. She left because of a removal order. After submitting the application. Is there any significance in that?

The lawyer assigned to our case said that our H&C application is basically useless because my wife is no longer in Canada. But then here we are, stage 1 approved.

Should I be worried? In stage 2, as long as she satisfies the remaining items (Medical, Police Certificates, Passport, Right of Residence Fee, and Financials) it should be fine, right? In the RCMP Certificate there was no criminal background, but had a positive in immigration which makes sense because she was fingerprinted by the CBSA before she left Canada. For financials can they really "Not" acknowledge the pandemic situation? For us, we won't be scraping to get by, the basic essentials won't be a worry for us, but we don't have impressive income.

We were preparing an outland sponsorship application before this covid situation came upon us. We haven't sent because certain things aren't in order. I think mainly because we are submitting through a lawyer. They need sworn statements. Not much of a problem for me here Canada. But for my wife (in Guyana) lawyers aren't that plenty. And that country is also affected by the pandemic. In my mind, I'm now thinking if we submit on our own, as long as our signed letters are fully backed up by supporting documents they should not need to be an affidavit because anything we submit is supposed to be true anyways.

I'm just really wondering if it is "really necessary at this point" to submit a sponsorship application. Or is my wife's H&C basically at its finalizing stages?

Also for an ARC, do they usually ask for the fee at the very end of the application process? There was no mention in the response we got.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
You don't need to apply for spousal sponsorship if you applied for H&C so don't pay a lawyer to submit another application. You need to send a webform updating the status of your wife and she has returned home.