H&C APPLICANT NEED HELP!

[bryvilleme4]

Hello guys,

Im H&C Applicant who cant afford to hire a lawyer for my application thru H&C,maybe can someobody who have experience the same situation as mine,i have a Can-born kid 19mos old & wife living with me,my question is as follows:

1. 4 yr 2 mos in total lenght of stay in canada,me & wifey out of status @ this moment am i eligible to apply?

2. Can me or wifey can apply seperate H&C?yes/no why?

3.How to strengthen our claims as follows?
A.BIOC 19mo old
B.My establishment proofs?
C.Life risk if back Country of Origin my father,brother,mayor our far relatives&uncle chief of police in my home town theyre all running a drug cartel,any suggestions to add for proof or evidence,i have only police record and NBI recs that my father back & forth in jail many times,and tattoo that his a member of highly respected gangs in phils.is this enough?

I tag some great & credible members of this forum to get a clear guidance to help me strengthen my claims & what should i need to add.
THANKS & BLESSINGS IN ADVANCE FOR THE HELP!

 

[canuck78]

How long have you been out of status? What kind of visa did you. have before? Have you been working illegally since then?

I see some problems with your complaints about danger. You didn't apply for asylum when you arrived. Have you returned to visit you family since you were in Canada? You could move to another region in the Philippines.

 

[Buletruck]

Not enough information.

• How did you come to Canada?
• Did you apply as a refugee? Was your claim rejected?
• Are you under a removal order?

And start by reading this and all the related reference material.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html#DesignatedForeignNational

 

[bryvilleme4]

How long have you been out of status? What kind of visa did you. have before? Have you been working illegally since then?

I see some problems with your complaints about danger. You didn't apply for asylum when you arrived. Have you returned to visit you family since you were in Canada? You could move to another region in the Philippines.

Thanks 4 asking
OWP
1 Month out of status
12+ years in taiwan + 4 years here
Frm taiwan to canada
Only going home every 3 yrs under contract in taiwan just spent 1 or 2
mos then come back again in taiwan
#in short no ties to my country of originp
How can i strengthen or add proof in evry circumtances requirements i planning to state.

 

[bryvilleme4]

Not enough information.

• How did you come to Canada?
• Did you apply as a refugee? Was your claim rejected?
• Are you under a removal order?

And start by reading this and all the related reference material.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html#DesignatedForeignNational

Came to CA as TFWP
NOT YET APPLIED gathering some advices to strengthen my claims
No removal

 

[canuck78]

Did you happen to switch to visitor status before you work permit expired? What kind of jobs did you and your wife do? For how long? Have you checked to see what skill level they are and whether you qualify for any of the provincial immigration programs.

 

[Bornlucky]

Internal Flight Alternative (IFA) - look it up and see how this will intersect with every aspect of any personal risk to yourself and your family. You are likely to be challenged as to why you cannot simply move to some other part of your country? Your answer will be - just postulating here - unsatisfactory, for either a refugee claim or an H&C to be successful. Collect all of the evidence that you can, and it ought to be clear to you what that could be BECAUSE you are the one claiming the risk, however you still need to explain how it is that you are such a marked man every where in a place that you have only visited over the years.

It will be a high hurdle for you, and without a competent counsel it gets ever higher.

 

[Ezekieljane]

Please a friend wants to know if she can apply for both refugee appeal and H&c at the same time ?

 

[Buletruck]

No, you can’t. If you apply for H&C you have to withdraw your refugee claim.

You may not apply for H&C consideration if you:

• are a Canadian citizen,
• a permanent resident,
• have submitted an H&C application for which a decision has not been made
• have an outstanding refugee claim,
• became a designated foreign nationalwithin the last 5 years.

 

[Ezekieljane]

No, you can’t. If you apply for H&C you have to withdraw your refugee claim.

Her refugee claim has been rejected ted. And she wants to make n appeal and H&cC at the same time

 

[canuck78]

Her refugee claim has been rejected ted. And she wants to make n appeal and H&cC at the same time

She should be speaking to her lawyer about whether she has grounds for an appeal. If not she can apply for H&C but she may also not have grounds for H&C.

 

[Bryanna]

Her refugee claim has been rejected ted. And she wants to make n appeal and H&cC at the same time

She cannot apply for H&C if her refugee claim was rejected in the last 12 months i.e. there's a 12-month bar.

What would be the basis for her H&C application?

 

[Ezekieljane]

She cannot apply for H&C if her refugee claim was rejected in the last 12 months i.e. there's a 12-month bar.

What would be the basis for her H&C application?

Best interest of a child ...that’s an exception to the 12 months Bar . The only thing am asking is if she has a pending appeal case can she apply ?

 

[Buletruck]

If it’s a refugee claim she is appealing she needs to withdraw the claim and apply for H&C. Once she withdraws her refugee claim, her removal order will come in to force and she would have to leave. They will still process H&C if she has to leave Canada.
Not sure how a 19 yr old would play out for best interests.