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Subject: Re: H&C question Posted on: Wed, 20 Apr 2005 16:25:16 +0000 (UTC)

Hello Andrew,

Thank you for your reply.

Andrew Miller wrote:
> "Alex Oren" wrote in message
> news:f0a9a895.0504131311.89201f3@posting.google.com...
> > If a person comes to Canada on a temporary visa and applies for a
> > permanent status on H&C grounds, what is the status of this person
> > while the application is being processed? Specifically, what if
> > the temporary visa expires before an answer is given?
> >
> > The reason that I am asking is that I have been told that there is
> > a 3 years waiting list for H&C application (although the processing
> > itself takes about half a year).
>
> No status. Person must apply for extension of stay before visa runs
> out every time.

Does CIC take into account that an H&C application is pending?

> What kind of H&C application are you talking about?

A person living abroad, alone.
Wife died. Had two children - one died from cancer a couple of years
ago, the other lives in Canada with spouse and kids. Friends either
dead or in the process. Has a brother but they do not keep contact.
Over 75 years old, so no job to occupy his time. Feeling useless,
Getting more and more depressed each passing day.

A sponsorship application is stuck for a year and a half in the
processing centre in Mississauga and, with the current backlog, can lie
there for a couple of years more (not to mention the Visa processing
times after the sponsorship is approved, which can take another couple
of years according to
http://www.cic.gc.ca/english/department/times%2Dint/01%2Dall.html).

The family is concerned that by the time the formailities are done
with, it may be too late. Somebody suggested they try the H&C route,
they asked me for an advice, I'm posting here.

I don't know the legal definition but spending the last years of one's
life with his remaining child & grandchildren sounds like an H&C case
for me...

If this is a viable alternative, the next step will be to consult an
immigration lawyer or consultant to work out the details.

Thanks,
Alex.

--
For email, replace "myrealbox" with "alexoren"

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