Unable to finalize H&C

[compuguy2000]

Hi Everyone,

Our situation is that my wife's H&C is at stage 2. From what I understand it is basically at the finalizing stage of the application. But she left Canada following a removal order before we got the approval for stage 2.

Our lawyer had contacted the IRCC and they basically said that because of travel restrictions and because she is not in Canada that they are unable to finalize at this time.

Our lawyer suggested getting a TRV and ARC. But it seems that the TRV application is a whole new application in itself with its own requirements.

Now if we wait for things to be back to somewhat normal, or normally if we did not have a pandemic, would my wife in her situation need to apply for a TRV and ARC anyways or would those things be dealt with by the H&C application process?

We were in preparation of an outland sponsorship before we got the notice that her H&C was approved for stage 2, then we just focused on the H&C application.

What would be, if any, the best thing to do now?

Thanks

 

[scylla]

Hi Everyone,

Our situation is that my wife's H&C is at stage 2. From what I understand it is basically at the finalizing stage of the application. But she left Canada following a removal order before we got the approval for stage 2.

Our lawyer had contacted the IRCC and they basically said that because of travel restrictions and because she is not in Canada that they are unable to finalize at this time.

Our lawyer suggested getting a TRV and ARC. But it seems that the TRV application is a whole new application in itself with its own requirements.

Now if we wait for things to be back to somewhat normal, or normally if we did not have a pandemic, would my wife in her situation need to apply for a TRV and ARC anyways or would those things be dealt with by the H&C application process?

We were in preparation of an outland sponsorship before we got the notice that her H&C was approved for stage 2, then we just focused on the H&C application.

What would be, if any, the best thing to do now?

Thanks

Even in non-COVID times, she would still need a TRV and an ARC. Yes, you need to apply for these separately. The TRV is needed to allow her to board a plane and return to Canada. Based on your previous post, she has a failed refugee claim and that would mean a departure order that turned into a deportation order. An ARC is required to overcome this immigration history and be allowed to return to Canada. The TRV and ARC aren't dealt with as part of the H&C application because the expectation is that people are in Canada and remain in Canada during the H&C process.

Tough call on what to do and you would be best off working with your lawyer.

Generally speaking, it's very difficult to get a TRV approved after a failed refugee claim. The outland spousal sponsorship might be your best bet. Or do both.

Work with your lawyer and good luck.