Your sister is still very young so can learn a new language. You may also speak your home country language at home I assume or could start speaking it at home. You still must know your home country language. Having started a school in a new language as a teenager it is possible. If you were dependent on 3 incomes to support the family that isn’t necessarily realistic. Your best option is likely for your sister to apply on her own for H&C as soon as possible and application will continue even if removed. She should have really applied on her own once she turned 18 for the best chance of success. Once you are 18 you should apply on your own based on having lived most of your life in Canada and having been in Canada due to your parents’ choices not your own. Proof of studies and concrete plans for your future like further education, good grades in high school, extracurricular activities/ community involvement, etc. would help. Both you and your sister will need to show how you could support yourselves without government help and be prepared to stay without your parents. Without seeing your family's whole immigration history tough to comment on your parents and younger sister. Economic reasons are not typically grounds for H&C. Whether you ever had grounds for asylum may also have an impact. Would suggest hiring a lawyer if possible.
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
Since we’ve already applied for JR, we’ll continue to wait for a decision on that. I’ll be turning 18 this October, which may be past my deportation date (CBSA officer said they’ll let my family stay in Canada until I finish high school which would be June). So do u think there’d be a good chance for me if I apply on my own from my home country? I already have offers from a university for a medical science program, my highschool grades are high 90s and I’m volunteering at a hospital.Your sister is still very young so can learn a new language. You may also speak your home country language at home I assume or could start speaking it at home. You still must know your home country language. Having started a school in a new language as a teenager it is possible. If you were dependent on 3 incomes to support the family that isn’t necessarily realistic. Your best option is likely for your sister to apply on her own for H&C as soon as possible and application will continue even if removed. She should have really applied on her own once she turned 18 for the best chance of success. Once you are 18 you should apply on your own based on having lived most of your life in Canada and having been in Canada due to your parents’ choices not your own. Proof of studies and concrete plans for your future like further education, good grades in high school, extracurricular activities/ community involvement, etc. would help. Both you and your sister will need to show how you could support yourselves without government help and be prepared to stay without your parents. Without seeing your family's whole immigration history tough to comment on your parents and younger sister. Economic reasons are not typically grounds for H&C. Whether you ever had grounds for asylum may also have an impact. Would suggest hiring a lawyer if possible.
How can you have offers without status in Canada unless as an international student? You can only apply for H&C from Canada but it can be processed from abroad. When exactly did your family apply for JR? If you got H&C refusal in October did your family apply for JR in October/November? If not your JR will be refused purely because your family did not apply in time. It is still very important that you attend the CBSA meetings or else an immigration warrant could be put out for your family.Since we’ve already applied for JR, we’ll continue to wait for a decision on that. I’ll be turning 18 this October, which may be past my deportation date (CBSA officer said they’ll let my family stay in Canada until I finish high school which would be June). So do u think there’d be a good chance for me if I apply on my own from my home country? I already have offers from a university for a medical science program, my highschool grades are high 90s and I’m volunteering at a hospital.
The officer made the decision in October, but we received the decision on January 10th which is when attended the CBSA meeting. We also have a lawyer. We filed for the JR before the 15 days deadline. So it’s processing right now.How can you have offers without status in Canada unless as an international student? You can only apply for H&C from Canada but it can be processed from abroad. When exactly did your family apply for JR? If you got H&C refusal in October did your family apply for JR in October/November? If not your JR will be refused purely because your family did not apply in time. It is still very important that you attend the CBSA meetings or else an immigration warrant could be put out for your family.
That doesn’t make sense. You should have received the H&C refusal way before meeting CBSA. CBSA should not be informing you that your H&C was denied. IRCC and CBSA are 2 separate agencies. CBSA would have contacted you when they were notified that your H&C was refused and that your family should be removed. IRCC would have informed your family and your lawyer that your H&C was denied soon after the decision was made in October.The officer made the decision in October, but we received the decision on January 10th which is when attended the CBSA meeting. We also have a lawyer. We filed for the JR before the 15 days deadline. So it’s processing right now.
I’m not sure either. My lawyer didn’t receive any notice from the IRCC. My family attended the CBSA interview expecting only the PRRA refusal, but the CBSA officer handed us the refusal decision for our H&C as well, we were very shocked and disappointed. That was when we were informed of the refusal.That doesn’t make sense. You should have received the H&C refusal way before meeting CBSA. CBSA should not be informing you that your H&C was denied. IRCC and CBSA are 2 separate agencies. CBSA would have contacted you when they were notified that your H&C was refused and that your family should be removed. IRCC would have informed your family and your lawyer that your H&C was denied soon after the decision was made in October.
You need to figure this out because you will be denied JR if you applied in January but were refused in October. Have you moved since applying? Were you given a hard copy of the letter from IRCC regarding your refusal. Is there a date on the letter? Did you ask your lawyer when they received notice of your H&C refusal?I’m not sure either. My lawyer didn’t receive any notice from the IRCC. My family attended the CBSA interview expecting only the PRRA refusal, but the CBSA officer handed us the refusal decision for our H&C as well, we were very shocked and disappointed. That was when we were informed of the refusal.
We never moved and we got the hard copy of the letter through the CBSS officer. The date on the letter is October 31, 2024. My lawyer didn’t receive notice of our refusal. We received the notice through the CBSA officer and we informed our lawyer.You need to figure this out because you will be denied JR if you applied in January but were refused in October. Have you moved since applying? Were you given a hard copy of the letter from IRCC regarding your refusal. Is there a date on the letter? Did you ask your lawyer when they received notice of your H&C refusal?
Yes, CBSA and IRCC are different. When I was mentioning the situation about updating my profile on IRCC, CBSA officer told me update CBSA as well.That doesn’t make sense. You should have received the H&C refusal way before meeting CBSA. CBSA should not be informing you that your H&C was denied. IRCC and CBSA are 2 separate agencies. CBSA would have contacted you when they were notified that your H&C was refused and that your family should be removed. IRCC would have informed your family and your lawyer that your H&C was denied soon after the decision was made in October.
Did you have PRRA application as well?We never moved and we got the hard copy of the letter through the CBSS officer. The date on the letter is October 31, 2024. My lawyer didn’t receive notice of our refusal. We received the notice through the CBSA officer and we informed our lawyer.
Unless there was a special protocol due to the postal strike but still doesn’t make sense you and your lawyer should have been notified by IRCC when mail started being delivered again if not before the postal strike. Was CBSA surprised you were unaware of the results of the H&C?We never moved and we got the hard copy of the letter through the CBSS officer. The date on the letter is October 31, 2024. My lawyer didn’t receive notice of our refusal. We received the notice through the CBSA officer and we informed our lawyer.
CBSA didn’t seem surprised. We were very surprised and emotional but the officer just sat then left to let us process the news while she got our other documents that she was missing. My lawyer was also very confused because she didn’t expect for us to receive news of the H&C from CBSA.Unless there was a special protocol due to the postal strike but still doesn’t make sense you and your lawyer should have been notified by IRCC when mail started being delivered again if not before the postal strike. Was CBSA surprised you were unaware of the results of the H&C?
Yes, we did. We went to the CBSA interview expecting a refusal on the PRRA, but not the H&C.Did you have PRRA application as well?
Did you request concur both applications? If not, if you rejected from PRRA, they have to deport you and you should wait for H&C decision at country of origin. It’s very complicated.Yes, we did. We went to the CBSA interview expecting a refusal on the PRRA, but not the H&C.
I’m not sure if I understand what you’re asking fully but we did request for the same officer to review our PRRA and H&C applications. They were both rejected on the same day, which may be the reason why CBSA informed us of the H&C decisions instead of IRCC.Did you request concur both applications? If not, if you rejected from PRRA, they have to deport you and you should wait for H&C decision at country of origin. It’s very complicated.