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

[scylla]

Hello everyone, I have made a failed refugee claim before, and a negative PRRA but I have a H&C file processing right now as of April 2023, I have very strong grounds (purchased a house, been in Canada for 6+ years, job, cars, two sons in university here) but 2 days ago, my CBSA officer called me in and gave us a deportation letter with a set date of August 22, I am so lost and I do not know what to do. I contacted my lawyer and she said she will try to ask for a deferral of the deportation but at this point I have very little faith. Has anyone been through a similar situation where they received a deportation letter?
Also, what happens if I have to leave the country, will my H&C be denied or become weaker of a file? and will I even be allowed to return to Canada if my H&C is approved? Thank you

Read up on the tri-partite test. To be successful in having the deportation deferred / stayed, you need to be able to prove all three elements of the tri-partite test.

http://www.wazanalaw.com/OUT_Deportation.aspx

 

[scylla]

Thank you so much for the quick response scylla! if my H&C was approved while I'm outside of Canada, is it difficult for me to return based on just the H&C approval or no? Thank you

If H&C is approved while you are outside of Canada, then I assume you would be allowed to return. However I'm not 100% confident of that. Logically you should be able to return.

 

[hopelessegyptian]

Thank you so much once again scylla! hopefully they allow me to stay sicne my youngest son has one semester left to complete his university degree, and I have a surgery pending, a house and assets, and mandatory military service awaiting my children back home. Thanks for your quick response!!

 

[scylla]

Thank you so much once again scylla! hopefully they allow me to stay sicne my youngest son has one semester left to complete his university degree, and I have a surgery pending, a house and assets, and mandatory military service awaiting my children back home. Thanks for your quick response!!

Good luck. Make sure you are working with a good lawyer.

 

[Jambol]

Hello everyone, I have made a failed refugee claim before, and a negative PRRA but I have a H&C file processing right now as of April 2023, I have very strong grounds (purchased a house, been in Canada for 6+ years, job, cars, two sons in university here) but 2 days ago, my CBSA officer called me in and gave us a deportation letter with a set date of August 22, I am so lost and I do not know what to do. I contacted my lawyer and she said she will try to ask for a deferral of the deportation but at this point I have very little faith. Has anyone been through a similar situation where they received a deportation letter?
Also, what happens if I have to leave the country, will my H&C be denied or become weaker of a file? and will I even be allowed to return to Canada if my H&C is approved? Thank you

If you're been removed from Canada as a failed refugee, it's a permanent ban, so I will advise you to get a good lawyer also get your MP involved to stop your removal. Speaking from experience. I wish you good luck.

 

[hopelessegyptian]

If you're been removed from Canada as a failed refugee, it's a permanent ban, so I will advise you to get a good lawyer also get your MP involved to stop your removal. Speaking from experience. I wish you good luck.

Thanks for your response, I went to an MP in my city and his office/team told me they will contact CBSA soon, but I'm afraid the MP himself will not be the one contacting CBSA. in your case, did you get to meet the MP themself personally? also what was your timeline like if you don't mind me asking, thank you.

 

[Jambol]

Thanks for your response, I went to an MP in my city and his office/team told me they will contact CBSA soon, but I'm afraid the MP himself will not be the one contacting CBSA. in your case, did you get to meet the MP themself personally? also what was your timeline like if you don't mind me asking, thank you.

The MP representative used to followed me to the CBSA meeting anytime they asked me to come and always feedback the MP because as at that time I was told it's only minister that can stop my removal. So I gave my MP close mark, and my removal was stopped 10hrs before my departure. Came to Canada 2017, seek asylum, it was failed in 2019. Appeal failed Judicial review failed. I put in H&C 2021 June decision made September 2021 failed as well. Put in reconsideration November 2021, my file wasn't reopen then June 2022, CBSA came and brought with a letter for an interview, immediately has they left I took the letter to my MP which is the minister of labor Canada. I met his representative and after went through all my documents and establishment he said he will do his best to stop it. After the stop I applied for PRRA at the same time put another H&C in November 2022 and got my AIP May 2023.

 

[Pear23]

We just receive AIP of two pages only .my lawyer said they will send list of documents later.

That's what we got too and the documents were listed there. Like passport, right of permanent residence fee etc..am not sure what is on the two pages that you recieved but it should say on the first page that on this day a representative review your application and you have been approved in principle. Then it will say the list of documents that is needed on page 2.

 

[Pear23]

A very big congratulations you deserve it, what God can not do does not exist for sure

Thanks alot @Mandy08

 

[Pear23]

@Pear23 Wow! This is a very powerful and inspiring testimony. Congratulations dear, your joy shall be permanent and truly “what God cannot do does not exist” .

Amen thanks alot @Christy Ada our God is of the living not the dead. I am praying for you all. More great testimonies to come.

 

[Copingwithlife]

Amen thanks alot @Christy Ada our God is of the living not the dead. I am praying for you all. More great testimonies to come.

Jesus H Christ

 

[Meggi ifeanyi]

Hey guys!

Our battle has ended in praise!!! On July 13th 2023 at 11:30pm we received an email from ircc that our ecorp was ready for download. It is finally over surely what God cannot do does not exist!!

Here is our timeline
First H&C application october 2014 done by me (refused February 2015)
Applied for refugee 2015 (claim denied 2017)
RAD (denied)
Judicial review (denied)
Second H&C May 2018 by Lawyer (refused 2019)
Applied for PRAA 2019 by Lawyer (refused 2020)
Deportation process started May 2021
CBSA bought tickets 5 times to remove my family.
Husband was detained by cbsa for a week then released.
Third H&C Application by Lawyer August 9th 2021 refused October 20th 2022
Request for reconsideration November 10th 2022 no lawyer I did the cover letter and submitted lots of evidence to counteract the officers arguments. That was all with the help of the Lord (No Lawyer)
Medical request for me and my daughter March 6th 2023
Aip received April 18th 2023.
Ecopr July 13th 2023.

1.I took the time out to share my timeline because I want to encourage everyone who is waiting and especially those that feels like it is over. It is never over until it is over. Put all your trust in God, turn your worries into worship the same God that did it for my family will certainly do it for you.

2. Don't wait for immigration to contact you keep updating your application, send news paper articles showing hardship in your home country, show pictures of any accomplishments in Canada.

if you have a medical condition and you request an exemption for medical show how it will be hard to support yourself if you should return to your home country for example get quotations on your current medications, the services you will need and how much they would cost. Show the conditions of the hospitals, crime rate, unemployment rate etc.

3. If you have children send pictures of their lives in Canada, example report cards, whatever sports they are in, any awards etc if they are old enough to write a letter let them write a letter to immigration explaining how much they love Canada and all the fun things they like about being here. If you have a lawyer don't depend on them to update your file do it yourself I am speaking from experience. Give it your all and your best and with that God will do the rest.


I want to say a big thank you to @Katayoon @wello711 @grahs1994 @SweetQueen some of you I can't remember your names but you all played an important role in our success.

I am praying for all those who are waiting. We shall all celebrate in Jesus's name!! GOD BLESS YOU ALL!!!

Big congratulations, I claim this testimony for myself and kids Amen

 

[Pear23]

Big congratulations, I claim this testimony for myself and kids Amen

Amen!! thank you

 

[wovarunsharma]

Hi guys,
I applied June 09,2022.Submitted everything upfront Medicals,PCC, I got AOR and then biometrics request everything done last July 2022.Didn’t hear anything after that.
I called IRCC agent luckily my call got picked up early.He told me they are checking eligibility requirements and my file is processing in Vancouver Office.I have also written to HMO to check in on status of H&C but still no word on it.
Any suggestions please

I also applied June 15, 2022 Received AOR and Biometric in July 2022 after that no update.......

 

[stallion1982]

I also applied June 15, 2022 Received AOR and Biometric in July 2022 after that no update.......

have you updated your application since June 15, 2022? what are your basis of H&C?