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

[iSaidGoodDay]

Thank you sir. One more question, why do you think it would be difficult to extend my work permit if I get rejected on H&C? My employer is willing to make another lmia for me.

Once you apply for H&C, getting approved for a temporary visa becomes difficult as you've stated your intent to say permanently. This directly contradicts the idea that you'll stay temporarily and as expected would leave. So, H&C for WP or for parents on supervisa (different story) usually is a bad idea unless it is the last resort for someone.

 

[bharat_singh_1]

No sir, Im serbian by nationality.

Ah, so you are the "oppressor" then lol. Just joking. I really think you should speak to a reputable consultant and get some professional advice to improve your score or possibly you could move to another province and get provincial nomination in some way. I know you are under LMIA and I dont know where you are currently.

 

[CNC_MASTER]

I

H&C would be harder and more nerve-wrecking tbh as we can see over these threads. The wait times are longer and the result is very unpredictable. Once you apply for H&C, you'll also risk the ability to get a work permit extended in Canada too. So, ideally you would want to max out your options before going for a route that's a hard "yes" or "no" (given that it will make it very difficult for you to get a WP in future).

Learning french takes 9 months to 24 months, I've linked out to MushyMush's old 2022 french learning thread on the topic as well. I learned french and came here as well. I'd argue that this would be a much simpler route for you given that it opens up more options (vs closing them like how H&C does). You've a spouse who can potentially do it if you can't. If one of you is free, they can also get a degree from either Canada or back-home. All of these options open up more paths before you decide to risk with H&C.

Upto you on what you decide. Just sharing some options in case if you want to probe this a bit more before you decide what next steps you really want to take here.

I would like to add, Im will not rely on H&C open work permit, instead im intending to maintain my closed work permit with my employer so I dont fall out of status.

 

[YVR123]

I

I would like to add, Im will not rely on H&C open work permit, instead im intending to maintain my closed work permit with my employer so I dont fall out of status.

All visa/immigration applications are on your file. So your attempt to apply under H&C will affect your closed work permit application. Because you showed intension of staying here permanently instead of being a temporary worker (closed work permit).

 

[CNC_MASTER]

Ah, so you are the "oppressor" then lol. Just joking. I really think you should speak to a reputable consultant and get some professional advice to improve your score or possibly you could move to another province and get provincial nomination in some way. I know you are under LMIA and I dont know where you are currently.

I know...right... I always feel bad about what happened back home. I have lots of bosnian muslim friends. especially here. One of our closest friends here are muslims and they also have autistic child, we are deeply tied with them. We are in Mississauga.

 

[CNC_MASTER]

Ah, so you are the "oppressor" then lol. Just joking. I really think you should speak to a reputable consultant and get some professional advice to improve your score or possibly you could move to another province and get provincial nomination in some way. I know you are under LMIA and I dont know where you are currently.

The reason I asked here is, I want to hear real opinions. My lawyer is encouraging me to apply under H&C, he told that I have pretty decent chance. I am aware that he wants my money, but also lots of my Serbian friends got approved H&C with him. For instance, my neighbour got approved 2 years ago for best interest of child, their child is not disabled like mine.

 

[nousername3]

Is it possible to receive AIP without receiving AOR?

 

[HNC1313]

Is it possible to receive AIP without receiving AOR?

No because need Biometric before AIP to start criminality check. If you provided Biometric for PR application ( Biometric for PR different then TRV visa ) then it could be possible.

 

[CNC_MASTER]

Thank you Mr.
My work permit is expiring dec.2026
Im gonna extend it for another 3 years.

 

[wiener]

Is it possible to receive AIP without receiving AOR?

Yes it is possible.

 

[Naikash24]

Hello all. My kids passport expires by March 2027 & ours in July 2027. Our work permits & kids study/visitor permits are expiring in April 2026. While our H&C application is in progress, is it fine to renew our passports before expiry so that we can give the permits as proof.?

 

[sting 000]

All visa/immigration applications are on your file. So your attempt to apply under H&C will affect your closed work permit application. Because you showed intension of staying here permanently instead of being a temporary worker (closed work permit).

This can't be true, dual intent is allowed In IRCC, as long as you can satisfy the requirements to maintain your temporary residents status as H'n'C don't give status in Canada..
I got work permit extension approved even though I have pending H'n'C application and note the work permit does not depend on the H'n'C application...

 

[HNC1313]

This can't be true, dual intent is allowed In IRCC, as long as you can satisfy the requirements to maintain your temporary residents status as H'n'C don't give status in Canada..
I got work permit extension approved even though I have pending H'n'C application and note the work permit does not depend on the H'n'C application...

I know the person whose H & C got refused in July 2022 & got closed work permits in Oct 2023 approved. Then second / new H & c got approved in June 2024 ( AIP ). Don’t worry!

 

[iSaidGoodDay]

I know the person whose H & C got refused in July 2022 & got closed work permits in Oct 2023 approved. Then second / new H & c got approved in June 2024 ( AIP ). Don’t worry!

This can't be true, dual intent is allowed In IRCC, as long as you can satisfy the requirements to maintain your temporary residents status as H'n'C don't give status in Canada..
I got work permit extension approved even though I have pending H'n'C application and note the work permit does not depend on the H'n'C application...

The balance here is that, for every approved applications there are many rejected ones. Your intention to stay temporarily vs permanently is actually a factor here that has been featured in many refusal letters (200(1) of the Immigration and Refugee Protection Regulations (IRPR)). To view this rationally, think through this, people can still be provided WPs if they meet a criteria due to some extreme reasons that are likely won't apply to the rest.

And the truth is, many of us here can't even have our friends/family (non-parents) visit us using visitor visas because proving temporary stay is actually hard even when they have millions in assets, strong ties to home country, etc. Given all of that, I'm not sure if the risk is worth it for someone who can take better route compared to H&C is even worth it (especially if they are on WP or are thinking about extending WP).

 

[canuck78]

Processing time for H and C has increased to 24 months.

Realistically it is longer.