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

[Ezekieljane]

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

Hello to all waiting gamers and members,

I would like to raise a news thread about H&C application. I know we already got few on this forum but you will agree with me that H&C still a mystery for most of his applicant.

Other immigration programs have so much threads and are well documented. So I wish we can create at least one more for H&C. I have to admit that these programs are less unpredictable in terme of processing time so it much easier to rely on another appliquant timeline to guess your's. But lets try to combine as much infos as we can to get an idea of what we are going through.

I thought about timeline spreadsheet but I have no idea how to create it in this forum.

I know many of people will read this and pass their way, Please don't! If you click on this tittle it's beceause you have something to tell or to ask, so just comment. Your words could help someone or you can get some help.
Even a copie paste of your experience and/or Processing time will be great.

Lets share and play this waiting game together...

se

 

[TheWaitingGamer]

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

se

Hello dear,

from what I understand she want to appeal a refugee denial?

If so, she can only apply if her H&C reason is best interest of child, otherwise she will have to wait one year after last denial.
And I think If she appeal the negative decision, she cant apply H&C because of the refugee claim will remain open.

If it for a refugee claim and H&C at the same time, it not possible.

Other rules that apply to humanitarian and compassionate grounds:

• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.) The bar does not apply if:
  • you have children under 18 who would be adversely affected if you were removed from Canada, or
  • you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.

 

[babyfaced4real]

Hello dear,

from what I understand she want to appeal a refugee denial?

If so, she can only apply if her H&C reason is best interest of child, otherwise she will have to wait one year after last denial.
And I think If she appeal the negative decision, she cant apply H&C because of the refugee claim will remain open.

If it for a refugee claim and H&C at the same time, it not possible.

Other rules that apply to humanitarian and compassionate grounds:

• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.) The bar does not apply if:
  • you have children under 18 who would be adversely affected if you were removed from Canada, or
  • you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.

 

[babyfaced4real]

Hi everyone. pls Is it compulsory one gets letters from friends to support a H&C application?

 

[Chichi18]

Hi, guys, I have a quick question. I sent my H&C application on Oct 10, 2017, and received acknowledgement on November 10, 2017. The status changed to processing on June 22, 2018. My application is based on the best interest of my 5-year-old son.
I want to know if a diagnosis of autism for my son would have a positive impact on my application? I have forwarded the letters from the doctors and therapist to the processing office as well as a personal letter stating the current state of the facilities in my home country Nigeria, which is really bad.

 

[Chichi18]

Hi, guys, I have a quick question. I sent my H&C application on Oct 10, 2017, and received acknowledgement on November 10, 2017. The status changed to processing on June 22, 2018. My application is based on the best interest of my 5-year-old son.
I want to know if a diagnosis of autism for my son would have a positive impact on my application? I have forwarded the letters from the doctors and therapist to the processing office as well as a personal letter stating the current state of the facilities in my home country Nigeria, which is really bad.

 

[Chichi18]

Sorry in addition to the above question does sending in additional documents delay the application timeline?

 

[TheWaitingGamer]

Hi everyone. pls Is it compulsory one gets letters from friends to support a H&C application?

Hello,
It's may not be compulsory but you better add some. It will prove that you well integrated and got people that care about your remaining.
I joined 2 or 3 letters from friends I met here, 1 citizen and immigrants that got their citizenship. They knew my storie very well and wanted to show some support to my application.

Hope it help.

 

[TheWaitingGamer]

Sorry in addition to the above question does sending in additional documents delay the application timeline?

Sending additionnal document will not delay your application processing time, and sorry I don't know the impact of your little boy diagnosis on your app but make sure you join reliables documents as evidences about nigeria facility to support your letter, because personnal letter may not be enough.

Wish you all the best.

 

[TheWaitingGamer]

@Designated baba @hemin @Nashma @mims2000

any news on your sides? it's been a while without any good news on H&C application...

 

[Bornlucky]

Hello,
It's may not be compulsory but you better add some. It will prove that you well integrated and got people that care about your remaining.
I joined 2 or 3 letters from friends I met here, 1 citizen and immigrants that got their citizenship. They knew my storie very well and wanted to show some support to my application.

Hope it help.

This is good advice and I might elaborate that the responsibility to "make your case" is your own. Documents, articles, letters, petitions or pledges from supporters or groups - your boss, your coworkers, health care professionals - whatever you can think of to support the "factors" that the decision-maker can point to as positives to make your argument.

Factors are pretty broad but establishment (supporting yourselves), Best Interests Of the Child - positives to staying and negatives to leaving - Unusual hardships (there is no list but reading old court cases present examples) - it is a cumulative assessment of the level of hardship you'd face by having to leave Canada to apply for permanent residence and it very powerfully waives that need if accepted.

But you have to provide the evidence to support the entire application and if you don't articulate your story with more than words or desperation then there's little for the decision-maker to base an approval upon. Always update your information when you get a better job or things go poorly in whatever country you're from, specifically where these things would effect you, and keep a copy of your application.

Good luck

 

[hurricane_loop]

I got a letter from Toronto backlog reduction office, that our application (as a family) approved, stating;
"a Senior Immigration Officer approved your request for an exemption from there requirements for the purpose of processing this application".

does that mean I been Approved in Principles?
and what happens next ?

 

[TheWaitingGamer]

I got a letter from Toronto backlog reduction office, that our application (as a family) approved, stating;
"a Senior Immigration Officer approved your request for an exemption from there requirements for the purpose of processing this application".

does that mean I been Approved in Principles?
and what happens next ?

Congrat!!!

I'm So happy for you. Yes it's an AIP. Next step will be your medical request then Background Check before final decision. Did they ask for your Schedule A and Permanent residency fee?

 

[Alien_walkingalone]

I got a letter from Toronto backlog reduction office, that our application (as a family) approved, stating;
"a Senior Immigration Officer approved your request for an exemption from there requirements for the purpose of processing this application".

does that mean I been Approved in Principles?
and what happens next ?

Congrats ! Could you please share your time line ? After long time I heard a good news from h&c applications. Since there is no updates for 2017 applicants.

 

[hurricane_loop]

Application received May-2017
Processed in February - 2018.
and got the letter last week. dated August 31, 2018

So how long it takes to make those checks? and it says they returned my file to Niagara falls office to proceed in the processing of my application! so don't know what that means?