H & C application transfered to local cic, Kelowna

Canada Immigration Forum (discussion group)


 
       
Subject: H & C application transfered to local cic, Kelowna
  Hi
My daughter came to Canada 5 years ago and never left ( I am a canadian citizen since 1991 ). She has no status here so we tried applying for her citizenship under second generation canadian before the law change in april 2009, but because of the law change they denied her. She had a child here in canada just over 2 years ago and immigration suggested she apply for PR under H & C grounds which we did. We just found out that they transfered her file to the local cic in Kelowna and all the letter says is that they may ask to interview her or ask for more information. Any feedback would be much welcome as we are both very nervous about the outcome.

[19-10-2010,16:01]
[**.67.19.68]
Sharon
(in reply to: H & C application transfered to local cic, Kelowna)
Let me get this straight. You have been a Canadian citizen for about 19 yrs ago and you didn´t sponsor her as a PR or did anything to abotain a citizenship certificate.

You daughter did enter Canada 5 years ago without any children. Now she has a child and she applied under H&C grounds.

Why? is she facing hardship, torture of any kind if she returns home?

Be prepared to answer to that when she gets called in for an interview, otherwise they are going to eat her alive. Having a Canadian citizen child and an H&C application in will not stop her deportation.

You have provided very little detail in your post. There are three things that may happen here.

1- I hope you declared your daughter before you became a PR otherwise that is called misrepresentation and you will get in trouble.

2- She is going to be asked to provide evidence that her life is in imminent danger if she were to return to her home country. Which brings two points:
a) Why did she apply until now?
b) Why did her mother (you) sponsored her before the law in 2009 if her life was in danger?

3- I don´t think this is going to fly. If her life was in danger you would have applied for her PR status or citizenship ages ago.

Good luck, you are going to need it.

[19-10-2010,16:15]
[***.115.153.178]
DocD
(in reply to: H & C application transfered to local cic, Kelowna)
Yes i have been a Canadian for 19 years but only moved here 7 years ago. My daughter is 27 years old. I moved here from the UK on my own when my kids had grown and had moved out on their own. When she came to Canada i tried everything to find out what we could do to get her legal here as she was past the age where i could sponser her but had no luck with getting the information we needed. Then we were told about her applying under second generation ( my mother, her grandmother was born in canada ), she qualified across the board so we applied in November 2008....The law change came into effect April 2009, Personally i think they should have grandfathered her application as it was submitted before the law change, but thats neither here nor there now....when they denied her they suggested she apply for PR under H&C grounds as none of my family wanted to help her or her Canadian son back in the uk, so we got the letters from those family members. I am not a PR I am a Canadian Citizen and her son is a Canadian Citizen. Immigration know all there is to know about her being her without status and took her passport and told her she is to stay with me until we get this sorted out. My daughter is not in danger she has no one or nothing to go back to.
[19-10-2010,16:39]
[**.67.19.68]
Sharon
(in reply to: H & C application transfered to local cic, Kelowna)
H&C is not going to work. This may sound harsh to you. The fact that you are a Canadian citizen, means NOTHING in supporting her application she is a 27 yrs old woman. The fact that no one in your family wants to support a 27 yr old mother means NOTHING in an H&C application not in this case anyways.

If she meets the requirements as Skill worker or under the provincial nominee program in your province, I would think about it. The H&C application is not going to fly here.

This is what CBSA/CIC/IRB will hear:

A 27 yr old lady with a kid who is a British national is seeking a PR status in Canada based on "no one in her family wants to support her back in the UK" and she has nothing in the UK because she has been illegal in Canada for the past 5 years.

And your only evidence are letters from family members?

You have to prepare your daughter way better than that.

[19-10-2010,20:01]
[***.115.153.178]
DocD
(in reply to: H & C application transfered to local cic, Kelowna)
Sharon (2)

Send me an e-mail I´ll help you Pro Bono (for FREE) would love to prove DocD wrong!

Nothing personal CBSA but have you read the case law mentioned in IP5 section 5.14 Best Interest to the Child.

You sir Docd (CBSA Guy) are to be alive, alert and sensitive to the best interest of the child and that is a statutory obligation. Dah!

Yesterday I got a removal flight cancelled for Oct. 22nd 2010 for a lady who has a baby with Children Aid Society. The Officer Steven Heard is going to learn what it is like NOT to be ALIVE ALERT AND SENSITIVE to the Best Interest of the Child.

Yeah going to the papers again.

When will they learn that when children are i nvolved they have to be alive, alert and sensitive to the best interest of the child.

Quote "When examining the circumstances of a foreign national under A25(1), IRPA introduces a
statutory obligation to take into account the best interests of a child who is directly
affected by a decision under this section". Unquote

http://www.cic.gc.ca/English///resources/manuals/ip/ip05-eng.pdf

Now don´t get angry DocD I actually like you!

But dOCd BE alive, alert and sensitive. SENSITIVE!


Roy
cvimmigration.com

[19-10-2010,20:27]
[**.24.171.76]
Roy
(in reply to: H & C application transfered to local cic, Kelowna)
DocD, i did not ask you to talk to me like i was an idiot, i just wanted to know what to expect now that her application has been transferred to the local CIC where the letter to her states that they may want to either interview her or ask for more information and then base their decision on that....Just to know what to expect and maybe how long it could possibly take to hear from the local CIC for the interview or such is all i wanted to know.
You really should be more compassionate to people who are in this situation and concerned for the outcome because i believed that this site was to help people with information, not make them feel inferior.

Roy, how do i get your email, and thankyou for offering to help, its nice to know there are some sensitive people on this site.

[19-10-2010,21:17]
[**.67.19.150]
Sharon
(in reply to: H & C application transfered to local cic, Kelowna)
27 yr old lady from the UK with a child?
Let me say it again, from the UK...27 yrs old?

I am not upset by any means and I am very alive, but lets face it. This one is not going to fly.

[19-10-2010,22:39]
[***.183.235.237]
DocD
(in reply to: H & C application transfered to local cic, Kelowna)
And let me say this again..a Canadian Child...that happens to have all the rights of a Canadian Citizen including being raised by his mother
[19-10-2010,23:06]
[**.67.19.150]
Sharon
(in reply to: H & C application transfered to local cic, Kelowna)

Now Sharon, I will give you a piece of advice.

I am not an Immigration Consultant, I usually eat them for lunch on Thursdays between 1pm and 3pm. (No offence Roy)

Here it goes. (Kellogg grab a pen and take some notes)

a) She is not basing the application on the best interest of the child (A25)1. She is basing it on the fact that there is nothing left for her in the UK and that her family members are not going to support her.

If she bases the application on that and uses letters from family members saying so as evidence, this is not going work plain and simple.

b) There are a couple of things that you have against you. One is your country of nationality. If she was from other country where the child will not be recognize as a citizen or not have the right to access health care and education, this would be a completely different story but being from the UK changes things.

Two.... she has been in for5 years, why now?, why does she need compassion until now? Be prepared to answer to that.

c)You have to change the angle how you are approaching this application. Your plan is nothing but terrible. I think Kellogg can help you out on this one, HE KNOWS that the evidence that you have is not going to work. Her only hope is to use the child as a shield but depending on the evidence that was presented or you are going to present this may or may not work.

You may think that I am not "sensitive" about this. I can only tell you my point of view from my side of the fence.

This is not about your feelings, this is about the evidence you have available to support your application.

ABC...2+2 = 4 There is no other way around.

I base my judgment on the evidence that is available for me to read.


[19-10-2010,23:12]
[***.183.235.237]
DocD
(in reply to: H & C application transfered to local cic, Kelowna)
We are only doing what we were advised by immigration.....it was them that told us to get the letters from family members stating that they will not help her if she moves back to the uk and the fact that she has since had a child who is a Canadian Citizen, and as i stated before, i have not left it til now to do anything, we applied for her before under second generation Canadian, it is not our fault that the law change came in after they recieved her application and that they denied her application because of the law change.
You have a right to say whatever it is you want to say... i have an issue with how you go about saying it, it comes across as very rude.

[19-10-2010,23:31]
[**.67.19.150]
Sharon
(in reply to: H & C application transfered to local cic, Kelowna)
Sharon, you need to understand something... people come here with very bizarre ideas of how they can gain status in Canada. A lot of them are very iffy. H&C is one of the most mis-understood and misused ways of attempting access. More often than not, the H&C application is thrown out because it does not hold water.

If Doc is being ´rude´ it is because he has seen it all too many times. You would do well to take his reaction as a warning that your situation is far from a slam dunk.

[20-10-2010,00:06]
[**.154.245.217]
Sharon