I Have A Pending Humanitarian And Compassionate Application But I Was Asked To Leave Canada In 2 Weeks, What Can I Do?


Mary Keyork
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How can I get an extension for a humanitarian and compassionate application?

My husband has been asked to leave Canada within two weeks, after living and working in Canada for ten years. He came to Canada as a refugee claimant, was refused, and then stayed on to work. He applied for humanitarian consideration about three years ago, and recently received a refusal of this application. I had applied to sponsor him last year, but the application is still in process. We have two young children, but the immigration officer is still insisting that he leave Canada even though the sponsorship application has not been completed yet.

What can we do?.

Many families are currently experiencing the same situation right now. As your husband has no legal right to remain in Canada, they will continue to remove him from Canada unless you either

1. Convince the removals officer to defer removal until the spousal sponsorship is complete or;

2. You obtain a stay from the Federal Court of Canada allowing him to remain in Canada until the sponsorship is finalized.

In my opinion, the fact that you filed your sponsorship a year ago, and you have a young child, are key elements to winning in the Federal Court. The best interests of the child must be considered by immigration and removals officers, and it is not clear that this has been done. You have very little time, and you should retain a lawyer immediately to start legal proceedings if your husband wishes to remain in Canada until the spousal sponsorship is completed. Alternatively, should your husband choose to leave Canada, you can sponsor him to return to Canada (you would need to start a new overseas sponsorship application). However, keep in mind that in addition to obtaining approval as a spouse, he will also need to apply for Authority to Return to Canada (ARC) which will require the visa officer to balance the factors leading to his removal from Canada and to decide whether to give him permission to return.

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ABOUT THE AUTHOR
Mary Keyork provides Immigration Law services for hundreds of immigration applications in all categories and has appeared before all three divisions of the Immigration and Refugee Board as well as at the Federal Court of Canada, successfully representing clients in complex immigration applications and hearings.
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