pungay68 said:
here's my question madam, what is the difference of this application to a regular sponsorship?? do you have any idea how long it will take?? and do you think they have consideration to approved it for this situation?? Because i still want to work outside our country while waiting for the said application but the job they offer is a 2 years contract.. i just need some opinion so i can decide if i will just wait here or accept the job offer in that country.
The purpose of a Humanitarian and Compassionate application is to make arguments for why some aspect of the rules should be waived in your case. Examples of this would include something like yours: the sponsor is on social assistance and thus
ineligible to sponsor under normal rules. Other examples include R179 exclusions (formally excluded from family class because they were not declared and examined at the time of the initial application), medical and criminal inadmissibility, inability to obtain a passport or travel document, etc.
These are all "special circumstances" cases and they must be persuasive as to why there is some compelling reason to grant the application in the specific case.
Your attorney picked this because your sponsor is ineligible to sponsor. Thus, you are asking to be granted permanent residency
despite the ineligibility of your sponsor. You really should be asking your attorney this question.
With that said, from a complete outsider's perspective I don't see why it would matter if you are inside or outside Canada while the H&C application is being considered, since this really is about granting an exemption to the sponsorship requirement that they not be on social assistance.
H&C applications are pretty much a last ditch application type. Most are refused and the CIC website says they take 30-42 months, so that's 2.5-3.5 years. If you qualified for any other class (e.g., economic) it would likely be faster AND be more likely to achieve success. But I don't know the specifics of your situation - and your attorney does, so you should be working with her or him.
Good luck!
...Send me a message if ever possible. Thank you all.