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h & c considerations
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3 Posts

Posted - 12/03/2005 :  14:08:36  Show Profile

I have been reading a lot of postings here and I would want to ask some questions regarding my application too.

I have submitted an application for PR on a humanitarian and compassionate consideration last may 30, 2005 for the reason that I am the only one left in our country since my siblings(who all have families of their own) and parents are living here and the US for good. I believed my case fall under de facto family member since I have never married and no children.(Am I correct?)

I have received a response last Aug. 30, 2005 informing me that my file was transferresd to the local cic in etobicoke for additional documents or decision. I have learned from the immigration call center that it would take 19 mos before I could received a response from etobicoke.

Is it a bad sign if a file is transferred to a local cic office? I also read somewhere that less than 10% of applications filed under h and c are successful, is this true?

Is it alright to submit news articles from newspapers as additional documents for my application?

I worry everyday about the result of my application, since getting a negative response would mean that I have to go back to my country and live there alone by myself.

Thank you for reading my letter and I would truly appreciate your response.


633 Posts

Posted - 12/05/2005 :  10:52:58  Show Profile
If you have not already, you should get help with your H&C application.

The H&C is a solution for claimants who are judged to not need protection as refugees, but who have meaningful and permanent bonds in Canada - for example, close ties to people such as a spouse - and would face extreme or undue hardship or risk if returned home. You can be removed from Canada while your H&C case is pending. Be aware, also, that very few cases of this type are successful - only between 3.5 and 4% per year.

You may apply for Legal Aid for H&C claims as well (but they are only covered in very compelling circumstances).

There are many community organizations in Canada that offer information to refugees or those making H&C claims. Their insights, experience and support would likely be helpful for you in the process and in answering your questions. Your profile indicates that you are in Toronto. Click here for a list of organizations in Toronto:

Organizations in Toronto

You may also find it useful to read this CIC Operation Manual:

IP 5 Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds
[PDF, size: 494 K]

This document will provide you with a better overview of the process and how immigration officers process these applications. Section 11.8 outlines why and when an application is referred to a local CIC office. The reasons why an application is referred to local office are:

* the case is complex or requires an in-depth assessment of bona fides or degree of hardship before a decision is made
* a personal interview is required, or
* refusal is a possible outcome.

It is long and a bit cumbersome so, again, I highly suggest you get some offline, face-to-face help with your case as it is impossible for us to provide the level of support you need online.

Settlement.Org Content Coordinator, CIRS


3 Posts

Posted - 12/06/2005 :  10:53:00  Show Profile

Thank you for the information.

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