H&C Humanitarian Ground with/or Without Failed refugee claim

[skyellla]

I live with my child and his family

 

[scylla]

Does this mean one would have to leave canada and apply after 12months

No, you would try to remain in Canada and not be removed - and then apply for H&C after 12 months. You must be in Canada to file the H&C application.

There are exceptions to the 12 month rule however. Do you have children?

 

[skyellla]

No, you would try to remain in Canada and not be removed - and then apply for H&C after 12 months. You must be in Canada to file the H&C application.

There are exceptions to the 12 month rule however. Do you have children?

How do I get options to remain in canada till 12months. I have a child in canad with his family

 

[skyellla]

How do I get options to remain in canada till 12months. I have a child in canad with his family

I am worried not to get deported

 

[scylla]

How do I get options to remain in canada till 12months. I have a child in canad with his family

You can apply for H&C immediately if you have a minor child:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html

 

[skyellla]

You can apply for H&C immediately if you have a minor child:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html

No my child is adult with own family

 

[scylla]

No my child is adult with own family

Oh - sorry. I misunderstood.

In that case you need to wait the 12 months until you can submit an application under H&C (unless someone here sees a different possible exemption for you).

 

[skyellla]

Oh - sorry. I misunderstood.

In that case you need to wait the 12 months until you can submit an application under H&C (unless someone here sees a different possible exemption for you).

But how do I stay till 12months without get deported. That's my major concern

 

[Ebonybaba247]

Hello guys, good evening, please I need your help, I’m a failed refugee and also my appeal was not granted, however my federal appeal was granted and my lawyer will be going for judiciary review next month, please do I have a chance of winning the case? Because a lot of people say federal court always dismiss the judiciary review I’m so worried because I have started going to the airport for signing, once my case is dismissed I will be facing immediate deportation…. I have applied for H&C but I dont know if it will be approved before my judiciary review decision, I applied for H&C in October 2022 and I got the acknowledgment letter in January 2023. Please what are my chances of getting the judiciary review granted… I am extremely worried.. I have 3 kids, 1 Canadian.

Hi please any update on your Judiciary review because my Judiciary review was granted for leave today and my h&c is in process as well

 

[Jambol]

Oh - sorry. I misunderstood.

In that case you need to wait the 12 months until you can submit an application under H&C (unless someone here sees a different possible exemption for you).

You can also apply before 12 months bar if you have health issues

 

[Ebonybaba247]

Okay! I get your point but I will still maintain that it's not a one size fits all situation based on my personal experience as well. There is a background to why your file was put on hold.

Again! I'm saying this base on my experience.
I have H&C and JR sumbitted together at the same time.

Judge granted Leave for JR and 6weeks after, I received 1st stage approval for H&C.

Both were in progress and being processed simultaneously!

Good evening please I need your help my judiciary review was granted for leave today while my h&c still in process and its been 10months now my question is that is there any time frame for judiciary review grant for leave because my lawyer is demanding for 2850$ before he can proceed with the documentation for the leave and for the hearing the hearing will hold August and I hope my h&c comes out before than.thanks

 

[Allwinz]

H&C is like a lottery ! If your JR is granted for leave, you have 90% chances to get positive decision. As per my knowledge it might take 4-6 months . Your H&C is just 10 months old , so don’t miss the opportunity of JR. If you don’t process ur JR than CBSA will be after u, atleast you will buy the time. Insha Allah u will get positive result my friend !!

 

[Ebonybaba247]

H&C is like a lottery ! If your JR is granted for leave, you have 90% chances to get positive decision. As per my knowledge it might take 4-6 months . Your H&C is just 10 months old , so don’t miss the opportunity of JR. If you don’t process ur JR than CBSA will be after u, atleast you will buy the time. Insha Allah u will get positive result my friend !!

Amin yarobi thanks alot

 

[Christy Ada]

@skyellla You can appeal the decision, that would also buy you time while waiting for the 12 months bar to apply for H&C. God willing your appeal could be granted and there would be no need for H&C. Talk to a lawyer because if I’m not mistaken you have 15 days to file an appeal from the date your asylum was denied.

 

[canuck78]

You can also apply before 12 months bar if you have health issues

They have to be serious health issues not just general health issues to clarify.