Humanitarian and Compassionate ground/ How long?
Nov 15th 2017, 9:22 pm
#1
Just Joined
Thread Starter
Joined: Jun 2017
Posts: 8
Humanitarian and Compassionate ground/ How long?
Hi everyone!
At the end of last August I filled my application for PR on humanitarian and compassionate ground.
Long story short, my partner could not sponsor me in family class because we misunderstood the requirements for being Common Law and when he was landed as PR he did not mentioned me.
We had a meeting with a immigration lawyer who advice us in this way and helped us build a very strong case.
Is there anybody here who applied for H&C and can tell me how long it can take?
At the end of last August I filled my application for PR on humanitarian and compassionate ground.
Long story short, my partner could not sponsor me in family class because we misunderstood the requirements for being Common Law and when he was landed as PR he did not mentioned me.
We had a meeting with a immigration lawyer who advice us in this way and helped us build a very strong case.
Is there anybody here who applied for H&C and can tell me how long it can take?
Nov 15th 2017, 9:41 pm
#2
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,850
Re: Humanitarian and Compassionate ground/ How long?
Did you appeal the decision made against you and was it just a refusal by IRCC or were you subject to a section 44(1) report and referred to an Admissibility Hearing before the Immigration Division?
If that is the case then appeals to the Immigration Appeal Division are running at about 2 years.
If no appeal to the IAD and just a straight H & C case the published processing time is 29 months as per the IRCC website
Check application processing times
So both ways you are looking at around 2 years plus.
If that is the case then appeals to the Immigration Appeal Division are running at about 2 years.
If no appeal to the IAD and just a straight H & C case the published processing time is 29 months as per the IRCC website
Check application processing times
So both ways you are looking at around 2 years plus.
Nov 16th 2017, 12:11 am
#3
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: Humanitarian and Compassionate ground/ How long?
Hi
1. As the spouse was not declared nor examined, the sponsorship would be refused under R117(9)(d) of the Regulations
Excluded relationships
(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Therefor the applicant is not a member of the family class and cannot be sponsored, no appeal rights to the IAD.
1. The applicant has to submit an application under 25.1 H&C not a very high success rate. (fairly close to nil)
Did you appeal the decision made against you and was it just a refusal by IRCC or were you subject to a section 44(1) report and referred to an Admissibility Hearing before the Immigration Division?
If that is the case then appeals to the Immigration Appeal Division are running at about 2 years.
If no appeal to the IAD and just a straight H & C case the published processing time is 29 months as per the IRCC website
Check application processing times
So both ways you are looking at around 2 years plus.
If that is the case then appeals to the Immigration Appeal Division are running at about 2 years.
If no appeal to the IAD and just a straight H & C case the published processing time is 29 months as per the IRCC website
Check application processing times
So both ways you are looking at around 2 years plus.
Excluded relationships
(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Therefor the applicant is not a member of the family class and cannot be sponsored, no appeal rights to the IAD.
1. The applicant has to submit an application under 25.1 H&C not a very high success rate. (fairly close to nil)
Nov 16th 2017, 12:58 am
#4
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,850
Re: Humanitarian and Compassionate ground/ How long?
Hi
1. As the spouse was not declared nor examined, the sponsorship would be refused under R117(9)(d) of the Regulations
Excluded relationships
(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Therefor the applicant is not a member of the family class and cannot be sponsored, no appeal rights to the IAD.
1. The applicant has to submit an application under 25.1 H&C not a very high success rate. (fairly close to nil)
1. As the spouse was not declared nor examined, the sponsorship would be refused under R117(9)(d) of the Regulations
Excluded relationships
(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Therefor the applicant is not a member of the family class and cannot be sponsored, no appeal rights to the IAD.
1. The applicant has to submit an application under 25.1 H&C not a very high success rate. (fairly close to nil)
