Thank you so much for your kind detailed response! Appreciate <3
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
Only concern I have is that my daughter is a Canadian Citizen and so am I, they cannot just remove us from Canada... application was for my parent who has been on Super visa for 10 years and she has no ties back in her home country as her only ties are here in Canada.. we tried lottery and were not selected, we dont have an option of Super Visa as it will be almost impossible to request another 10 year super visa and convince office that she has ties back home when she does not...she lost her job, her parents, and has no one back home.... so our only option was HC as my daughter needs her here... why she needs her here has a lot of details and evidences thats why Im trying to figure out what could be the refusal reasons... notes..
Yes, however, right now technically she should not work because she doesn't have work permit. She was about to inform the employer that when we got AIP.
We wonder if she keeps working without WP will jeopardize the PR application
Focus the case on your daughter rather than your mother. How her grandmom's removal will negatively impact her. Stress that you do not have other family here to raise her (I suppose). And how it will negatively impact your mental health as well. Focus on you two because you are already Canadian and they will put a bigger weight on Canadians' wellbeing than a foreigner.
This is how we structured my partner's third case - it was all about how our Canadian son and me (Canadian spouse) will be devastated about his removal. And it got approved. The first two cases were rejected because the lawyer kept stressing how he will be negatively impacted by separation and unemployment, and the agent could not care less.
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It's difficult to definitively answer that question.
Generally speaking, it works in your favour if you can show you are financially independent in an H&C application and can sometimes work against you if you cannot show this. So I suppose it is possible bankruptcy could work against you in an H&C application. It's really hard to say though.
Yes application fees need to be submitted at time
of application. Permanent residence fee can be paid after AIP
Thank you so much for the guidance. You are a true gem. Based on the comments I read a lot of people like you have more knowledge than lawyers....
Main arguments and factors with evidence was for the best interest of my daughter and consequences of separation from relatives... . I explained the extreme hardship we went through when my parents left the country - I provided medical reports that I was extremely sick and depressed taking medications to cope with the stress and anxiety... I even got a letter from my daughter's doctor that she has been going through a lot anxiety after the divorce and that my parents are heavily involved in her life... my parents came back only because I was very sick and hardly coping with anxiety, work, and childcare as a single parent and I was failing it all without their help and emotional support ... I provided supporting evidence that I was very sick during their absence and on medications. and explained that I dont have any relatives or extended family here... After all these arguments and evidence officer said she reviewed all the factors and did not find it sufficient to grant HC.
Just try to refresh all evidence and add more then resubmit. Pray you will get a new agent next time. It is all very subjective and depends on the person making the decision. Does not mean your arguments were weak. Keep trying. Good luck!