H&C and CCB (No asylum/refugee application)

[meme13422]

Hi, I'm a temporary resident (On a student permit) who has been living in Canada for 1.5 years. Now, I can apply for Canada child benefit (CCB) and H&C. My question is which application should I submit first? Is applying to CCB considered a kind of welfare that will negatively impact my H&C application? If I applied to H&C first will I still be able to submit the CCB application while waiting for a decision (Approx. 2 years)?

 

[scylla]

Hi, I'm a temporary resident (On a student permit) who has been living in Canada for 1.5 years. Now, I can apply for Canada child benefit (CCB) and H&C. My question is which application should I submit first? Is applying to CCB considered a kind of welfare that will negatively impact my H&C application? If I applied to H&C first will I still be able to submit the CCB application while waiting for a decision (Approx. 2 years)?

There's nothing stopping you from doing both at the same time. I'm not sure it matters which comes first.

Make sure you have strong grounds for the H&C application.

Note that you need to have valid temporary status in Canada to qualify for CCB and the H&C application will not give you implied status. So you would need to remain in school and then transition to a PGWP once you are done to keep your status valid in Canada and continue recieving CCB.

CCB is not social assistance but for H&C applications, you do want to show that you are financially independent and not relying on support from the Canadian government. So I would say that ideally you want to show you are working as well.

 

[mamasvoice]

Does one need a lawyer to submit an H&C application or is it ok to DIY? What's the more prudent approach of the two?

 

[scylla]

Does one need a lawyer to submit an H&C application or is it ok to DIY? What's the more prudent approach of the two?

It's your choice. Better to use a lawyer.

 

[mamasvoice]

Thank you for the prompt response @scylla.

 

[canuck78]

You seem to have only quite recently moved to Canada with your family. People are under the false impression that everyone not eligible for PR after a study permit is going to get PR via H&C. You should be trying to find an economic pathway. People don’t seem to realize that IRCC is going to have to get much tougher when it comes to H&C applications given the volume of applications and people using the H&C system when they fail to qualify for various other programs. Given our likely change in government, economy and change in sentiment towards volume of newcomers that will also likely have an impact on IRCC.

 

[mamasvoice]

You seem to have only quite recently moved to Canada with your family. People are under the false impression that everyone not eligible for PR after a study permit is going to get PR via H&C. You should be trying to find an economic pathway. People don’t seem to realize that IRCC is going to have to get much tougher when it comes to H&C applications given the volume of applications and people using the H&C system when they fail to qualify for various other programs. Given our likely change in government, economy and change in sentiment towards volume of newcomers that will also likely have an impact on IRCC.

Nope. I never knew about H&C until just a few weeks ago and it never crossed our minds to apply through that pathway. We applied under FSE in 2020 but unfortunately were refused recently. A judicial review is expensive and the lawyers I spoke with also cautioned us that the results are not guaranteed. Plus, you are only given 15 days from the date of refusal.to file a notice for the JR from within Canada.

I spoke with several lawyers and consultants and they all said the same thing--that we could instead apply for reconsideration via IRCC web form and also for H&C. I had my doubts as I thought this program was for refugees. But they said we have a strong case for it since two of our sons have special needs. We have also been approved for Legal Aid Ontario, which will pay for our lawyer's services; we only need.to contribute a nominal fee.

I was going to apply for PR through my PGWP. However, my current employer would not offer to apply for an LMIA for me. The best course of action is for my husband and I to acquire visitor records and for our children to have their study permits extended so we can maintain status. We can then look for employers who already have a positive LMIA job opening, or at least one that has applied for an LMIA. We can then take advantage of the public policy allowing visitors in Canada to apply for an employer-specific work permit.

And yes, I know that as visitors we are not allowed to work--for companies in Canada. But for those based in other countries, it is completely legal for us to work for them. From home and in a remote setup, obviously.

I hope you don't judge others based on their few posts on this forum alone, as you likely don't know the whole story. Don't assume that we automatically thought of H&C when we were refused. I had no idea what that even was until a lawyer mentioned it.

 

[canuck78]

Nope. I never knew about H&C until just a few weeks ago and it never crossed our minds to apply through that pathway. We applied under FSE in 2020 but unfortunately were refused recently. A judicial review is expensive and the lawyers I spoke with also cautioned us that the results are not guaranteed. Plus, you are only given 15 days from the date of refusal.to file a notice for the JR from within Canada.

I spoke with several lawyers and consultants and they all said the same thing--that we could instead apply for reconsideration via IRCC web form and also for H&C. I had my doubts as I thought this program was for refugees. But they said we have a strong case for it since two of our sons have special needs. We have also been approved for Legal Aid Ontario, which will pay for our lawyer's services; we only need.to contribute a nominal fee.

I was going to apply for PR through my PGWP. However, my current employer would not offer to apply for an LMIA for me. The best course of action is for my husband and I to acquire visitor records and for our children to have their study permits extended so we can maintain status. We can then look for employers who already have a positive LMIA job opening, or at least one that has applied for an LMIA. We can then take advantage of the public policy allowing visitors in Canada to apply for an employer-specific work permit.

And yes, I know that as visitors we are not allowed to work--for companies in Canada. But for those based in other countries, it is completely legal for us to work for them. From home and in a remote setup, obviously.

I hope you don't judge others based on their few posts on this forum alone, as you likely don't know the whole story. Don't assume that we automatically thought of H&C when we were refused. I had no idea what that even was until a lawyer mentioned it.

What country are you from? The fact that you qualify for legal aid would often be a negative for H&C because you need to prove that you can support your family financially in Canada. How will your children qualify for extending their study permits if you are visitors? No public school will accept international students who need special education due to the cost. It appears as though you only very came to Canada very recently so your children will have spent more time in your home country. Is no special education available in your home country? Sadly many lawyers recommend that everyone apply for H&C because they want to get paid.

 

[mamasvoice]

What country are you from? The fact that you qualify for legal aid would often be a negative for H&C because you need to prove that you can support your family financially in Canada. How will your children qualify for extending their study permits if you are visitors? No public school will accept international students who need special education due to the cost. It appears as though you only very came to Canada very recently so your children will have spent more time in your home country. Is no special education available in your home country? Sadly many lawyers recommend that everyone apply for H&C because they want to get paid.

We are from the Philippines. And my children have been enrolled in the TDSB for 2 years with no problems. Two have graduated from middle school this year. They are not considered international students and will be on their third year in the TDSB. The Ontario Education Act explicitly states that no child can be denied access to schools because they, or their parents, lack immigration status in Canada. And no, there is no government support in our country for special needs individuals. Why do you think we left? It was not on a whim. It was a very deliberate choice for our children.

Why are you opposed to immigrants coming here for support for their children? Isn't that every immigrant's dream--to give their children a better life? It's not like we're leeches. We work. We pay for goods and services daily. We've filed taxes for 2 years straight and will continue to do so. We have no desire to be illegals. We have as much right to be here as you and anybody else.

 

[canuck78]

We are from the Philippines. And my children have been enrolled in the TDSB for 2 years with no problems. Two have graduated from middle school this year. They are not considered international students and will be on their third year in the TDSB. The Ontario Education Act explicitly states that no child can be denied access to schools because they, or their parents, lack immigration status in Canada. And no, there is no government support in our country for special needs individuals. Why do you think we left? It was not on a whim. It was a very deliberate choice for our children.

Why are you opposed to immigrants coming here for support for their children? Isn't that every immigrant's dream--to give their children a better life? It's not like we're leeches. We work. We pay for goods and services daily. We've filed taxes for 2 years straight and will continue to do so. We have no desire to be illegals. We have as much right to be here as you and anybody else.

TDSB can ask for proof of a study permit and to pay for international students especially if parents have visitor status. You could certainly fight it in court. I don’t object to immigration but the assumption people qualify for H&C after 2 years in Canada is insane. Many have been in Canada for decades and don’t get approved for H&C. The H&C program is being overwhelmed by everyone who doesn’t qualify or don’t want to wait for other programs. IRCC is going to have to get much tougher and find ways to process applications much faster.

 

[Copingwithlife]

We are from the Philippines. And my children have been enrolled in the TDSB for 2 years with no problems. Two have graduated from middle school this year. They are not considered international students and will be on their third year in the TDSB. The Ontario Education Act explicitly states that no child can be denied access to schools because they, or their parents, lack immigration status in Canada. And no, there is no government support in our country for special needs individuals. Why do you think we left? It was not on a whim. It was a very deliberate choice for our children.

Why are you opposed to immigrants coming here for support for their children? Isn't that every immigrant's dream--to give their children a better life? It's not like we're leeches. We work. We pay for goods and services daily. We've filed taxes for 2 years straight and will continue to do so. We have no desire to be illegals. We have as much right to be here as you and anybody else.

“We have as much right to be here as you and anybody else.”

If you did , you wouldn’t be mentioning H&C after literally 1.5 year's here . Unbelievable . You are on a TEMPORARY work permit sweetheart

Stay in your lane. You don’t have a constitutional right to be here .


You were or are a “ temporary worker “
Best research what the word temporary means

“lasting for only a limited period of time; not permanent.
"a temporary job"

Big deal about filing taxes for two years .
Two years lol
I’ve been filing taxes for 40 years . My father 70 years.

However you’re expecting the Canadian taxpayers to pay for your special needs children
The entitlement is literally mind blowing.
Seriously mind blowing

Thank you for posting though . Prime example why we need immigration reform AND a change of Government

 

[foodie69]

We are from the Philippines. And my children have been enrolled in the TDSB for 2 years with no problems. Two have graduated from middle school this year. They are not considered international students and will be on their third year in the TDSB. The Ontario Education Act explicitly states that no child can be denied access to schools because they, or their parents, lack immigration status in Canada. And no, there is no government support in our country for special needs individuals. Why do you think we left? It was not on a whim. It was a very deliberate choice for our children.

Why are you opposed to immigrants coming here for support for their children? Isn't that every immigrant's dream--to give their children a better life? It's not like we're leeches. We work. We pay for goods and services daily. We've filed taxes for 2 years straight and will continue to do so. We have no desire to be illegals. We have as much right to be here as you and anybody else.

Why abuse the Canadian system and leech? Instead make the Philippines great again.

 

[forevermore76]

Wow... Being an immigrant myself, I usually support immigration and even the obligation towards refugee but some of the posts I've been reading recently have started to make me question everything including my personal values. IRCC's mandate is to protect the interest of Canadians but they are clearly not doing their job anymore under the current govt. I know the vetting process can never be 100% and applicants will fall through the cracks but it seems more and more that the entire system is broken.

The abuse of certain programs, shows the impact clearly is not just at a federal level but also right down to municipalities. Reading posts like these, posts where people apply for work permit extension knowing they have no right to remain and work in Canada, posts where they applied for refugee pretending to be gay and were ACCEPTED, the integrity of IRCC is compromised. Funny thing is, not all policies result from the current liberal govt. decisions so it's hard to say how they can even bring changes with a new govt.

Anyways, I think I need to take a break from this forum as I came here to seek and offer help but now I'm left questioning if certain people even deserve help, which is disturbing for me. I'm a citizen of 2 Western countries who has never voted in any election but guess it's time now. Peace.

 

[Copingwithlife]

One example of just gross incompetence.
Government raises the medical admissibility amount level. Let’s think about that.

The healthcare system is on life support & the idiots RAISE the amount . 6,000,000 Canadians don’t have access to a GP.

Stretchers are stacked in hallways of hospitals . And they allow people to immigrate here with health issues .
Let’s not forget the PGP . Total lunacy .

You go on about paying taxes . You aren’t special by doing it .
People are grouped into two tax types.
Tax positive = they pay more into the system then the benefits they get out

Tax negative = they receive more benefits then what they pay in

After two years you’re not even close .
My father who is 90. REPEAT 90 pays $26,000 year EXTRA in taxes . On top of that he has to go for physio . You’d think that it would be covered . No. He has to pay $150 a session. His taxes are paying for your non Canadian kids treatment


Then you have the OP oozing entitlement. Saying it’s her RIGHT to live here .
It’s not Canadas responsibility to give your special needs kids treatment . Why in Gods name do you think Canada should?

 

[forevermore76]

One example of just gross incompetence.
Government raises the medical admissibility amount level. Let’s think about that.

The healthcare system is on life support & the idiots RAISE the amount . 6,000,000 Canadians don’t have access to a GP.

Stretchers are stacked in hallways of hospitals . And they allow people to immigrate here with health issues .
Let’s not forget the PGP . Total lunacy .

You go on about paying taxes . You aren’t special by doing it .
People are grouped into two tax types.
Tax positive = they pay more into the system then the benefits they get out

Tax negative = they receive more benefits then what they pay in

After two years you’re not even close .
My father who is 90. REPEAT 90 pays $26,000 year EXTRA in taxes . On top of that he has to go for physio . You’d think that it would be covered . No. He has to pay $150 a session. His taxes are paying for your non Canadian kids treatment


Then you have the OP oozing entitlement. Saying it’s her RIGHT to live here .
It’s not Canadas responsibility to give your special needs kids treatment . Why in Gods name do you think Canada should?

Perks of a welfare state.. All govts. face the choice of equity vs equality and the general choice is equity but that's because justice is too much work. It's sickening but nothing anyone can do unless there is REAL political will to bring REAL reforms.