Hi
Its been a long time I have been on this forum to write a comment. However, in my free time, I sometimes read lot of y'all comments.
I felt compelled to respond to your post because you have been given the wrong advice on the next line of action after refusal of H&C by
@scylla and your lawyer . I felt lazy to type this message because
it already past midnight here but I did not want to see you make mistake and ensure you achieve your end goal .
But first... I will like to say a shout out to all the old members of this forum during year 2020, 2021 and 2022. Some people might still recognize tho. It grwt to see myself post in this forum again. Been a while.
I notice most of y'all are new( I mean current members). Any of the old members of this forum will recognize me. I got my PR via H& C 2yrs ago. Me and some the old members at the time where the top top gurus in H&C at the time. If you scroll through every post during 2020, 2021 and 2022 , you will see all my post.
Keep in mind, I did my H&C application by myself. My first H&C application, I blindly trusted a lawyer who did the application for me and paid him about $10,000. The application was "refused". Just because you use a lawyer doesn't mean lot of these lawyers know what they are doing. I am talking from personal experience. If you are not careful, they will give you wrong advice, do the wrong thing and your application will still get refused. But.... guess what ? You still have to pay them their FULL money regardless of the quality of work and decision made on your application.
I remember after my first refusal, I hired a new lawyer from another firm. She told me that she will need to the use the court to obtain a copy of refusal letter from IRCC.
Keep in mind, when an H&C application is refused , by default, IRCC will NOT issue a copy of reason (s) for refusal. All they don is send you an email which contains letter of their decision.
You wouldn't believe the lawyer that wanted me to hire her to use the Court, I have all my documents with her for about 7 months. I waited and waited for the court . I did not hear anything. The lawyer too never bother to update. This is 7month.
At this stage, I suspected something was wrong and question if the use of court makes sense. Keep in mind that she will be charging close to about $3000 for the service to obtain a copy of reasons for refusal using the Court. I knew something was not right.
Here is what I did....
The email that was use to email me my decision letter from the Vancouver IRCC office, I sent an them an email to that same email. I wrote a professional email that is brief ( at the same time, I was humble using very soft words that will make them grant my request to send me a copy of reasons for refusal for my first H&C
Lo and behold, in less than 24hrs, their office responded to my email. In the email,it includes a copy of reasons for my refusal. My email request worked like magic.
I contacted this FRAUD of a lawyer who know NOTHING. I told her I have receive a copy of the refusal letter. She was surprised how I did it. Keep in mind that this is a lawyer that told me we will have to use the court to obtain the same letter from IRCC which she will charge me about $3000. I waited for 7month and no update. Meanwhile, I did it myself and in less than 24hrs, I receive the copy.
This is convincing that NOT all lawyers advice you can trust. Again, one thing I have notice with some is they will propose a LONGER route to their clients because they will be able to make more money off the clients. Lastly, not all are as experienced as they claim.
To prove to you again that what I said worked, there is also a old member in this forum by the name TONY ( he has now gotten his PR), I remember when his application was refused, I told him to send the Vancouver office an email requesting for a copy of his refusal letter. It worked. So many members in this forum at that time that I recommended it, all of them receive a copy of refusal letter.
So , to answer your question....
When your H&C is refused, the first step you need to do is to know the reason(s) for the refusal. Reason for refusal is what will determine what will be your best move as to whether to make a second H&C application or file for reconsideration or file for judicial review.
In most cases ( depending on reasons for refusal), I always recommend to put in a NEW aka second application. In these application, you should address all the reasons stated in your refusal letter BACKED WITH COMPELLING EVIDENCE. leave NO room for ambiguity or doubts.
I rarely recommend reconsideration because the chances of approval are slimmer than submitting a new application. During the time I was doing my H&C , it was about only 2 member that I know got approval ( which is is an extremely small number).
considering the huge number of members in the forum at the time.
For judicial review, I rarely recommend because it cost too much money. Most lawyers will recommend it it because they will be able to make MORE money.. Also, judicial review take a long time and chances for approval is also slim.
Please Note : Addressing all the reasons stated in your refusal letter BACKED WITH COMPELLING EVIDENCE should appear on the FIRST PAGE of your application. Because that is what the new IRCC officer will expect to see and read before they check the other H&C forms.
The remaining part of your H&C , you fill in the similar information you filled in the H&C forms
Once you do the above , be rest assured you have won the heart of the officer and you are one step to approval.
Remember, leave no room for doubt or ambiguity and back tour claims up with compelling evidence.
Lastly, ask someone who is NOT related to you to proof check your new application. Yes ! I said someone who is not related to you because the person will be LESS bias when he or she proof read and check your application. It will easy for the person to spot even the tiniest mistake in your application. If you give it to someone who is related to you, the person is likely to be bias......Keep in mind that decision will made base on what you submit. You will not be with IRCC to clarify any ambiguity or mistake when they working on your application.
This was all I did in my second H&C. I did it myself because I no longer trust lawyers. I got approved within 9month
I made similar recommendations to the old members in this forums during that time, and most of us got our PR....
If there are is any old member in this forum reading this post, they can attest to all what I wrote. I am sure they would recognize my name once they read this post.
Source : I am an old guru member of this forum. My first H&C application for refused when I use lawyer. Requested for refusal letter from IRCC via email use to send me decision letter. I file a new aka second H&C application MYSELF .It got approved within 9month.
Next year, I will be a Canadian citizen.
Wish you the best of luck.
