please help everyone regards H&C

[harrryworld1]

my wife and 2 kids have an asylum case that is waiting hearing, i was included in the asylum case but I'm not applicant. my question is that can I apply for H&C based on best interest of my kid since in not the sole applicant in our pending asylum case that is waiting hearing .

 

[Buletruck]

Are you in Canada now? What’s the basis for your H&C claim? Since your wife’s claim hasn’t even been to a hearing yet, I don’t see any”exceptional” reasons or hardship that make you eligible for H&C. If you are a refugee claimant, you would need to withdraw your claim to apply.

 

[harrryworld1]

I'm canada now recently, the basis of my h&c claim will be based on my kids intesrest. I'm not a refugee applicant but a dependant on my wife refugee claim

 

[Buletruck]

But what hardship or exceptional reason do you have for claiming H&C? Best interest of the child in what respect? Their refugee claim hasn’t even been reviewed, so what valid basis do you have?

 

[harrryworld1]

my reasons will be that my country is not safe. killing of people by herdmen

 

[Buletruck]

These are things they don’t consider for H&C. Note that persecution, risk to life etc are not considered, so that won’t work. What is your current status in Canada? Did you come on a visa? If you are on a visa, you can’t apply.

• You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
• You cannot have more than one humanitarian and compassionate grounds application at the same time.
• We will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.
• 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 (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.)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.

 

[harrryworld1]

my status is refugee claimant dependent. I do not come with visa, I crossed the border from USA

 

[Buletruck]

You still don’t have a result of your hearing and you don’t have grounds they will consider. Highly unlikely your H&C claim would be successful. Not sure how your being a dependant on a refugee claim would affect an application, but I suspect you aren’t eligible to submit an H&C claim anyway. You aren’t applying for Permenent residence status as of yet.

 

[harrryworld1]

thanks

 

[Buletruck]

Keep in mind, these are my unqualified (but well read) views. As you are still claimants, you don’t fall into the Permenent residency application requirement to submit an H&C claim. and being as you are a dependent on a claim, I also believe that essentially makes you a refugee claimant as well. In all honesty, given you can use best interests of the child, an H&C claim for you would be better served if you had a negative finding on your refugee claim 2 years from now. You would be better established in Canada by then and have far more credible evidence of exceptional circumstances. Currently, you have limited ties. H&C has an exceptionally low rate of approval (even with children), so you need to get those ties to Canada established while you wait for your hearing. Volunteer, get involved with the community (not just those related to your country of origin), go to church (if that’s your thing), get a job. These are all ties that work in your favour Read up on IRB and IRCC manuals about what is acceptable and what isn’t for H&C. As I’ve pointed out, if you go in claiming persecution or risk of harm, they will dismiss it.

 

[Medoxtar]

Keep in mind, these are my unqualified (but well read) views. As you are still claimants, you don’t fall into the Permenent residency application requirement to submit an H&C claim. and being as you are a dependent on a claim, I also believe that essentially makes you a refugee claimant as well. In all honesty, given you can use best interests of the child, an H&C claim for you would be better served if you had a negative finding on your refugee claim 2 years from now. You would be better established in Canada by then and have far more credible evidence of exceptional circumstances. Currently, you have limited ties. H&C has an exceptionally low rate of approval (even with children), so you need to get those ties to Canada established while you wait for your hearing. Volunteer, get involved with the community (not just those related to your country of origin), go to church (if that’s your thing), get a job. These are all ties that work in your favour Read up on IRB and IRCC manuals about what is acceptable and what isn’t for H&C. As I’ve pointed out, if you go in claiming persecution or risk of harm, they will dismiss it.

This is the best advice you can have! Don’t gonabd claim persecution with H&C

 

[canuck78]

Hi , This was such a wonderful explanation . It was also nice to see that you provided some useful info which could help to make h&c application strongest. I would like to ask you something in favour of my mom’s application. I applied for her in 2017 November, in progress since April 2018 . In April 2018 she diagnosed with breast cancer , she had her surgery, cancer removed currently on radiation treatment. After that she will be taking oral medicine and follow up with her onchologist. She wasn’t a refugee claiment . Before my mother’s cancer diagnosis she had been involved in many social activités . Like as She was learning English, French languages and worked as volunteer in few places . Now she had to stop all this due to her treatment. My lawyer said we can update her file with something new. Is there anything that we could add up? Now my mother’s onchology social worker is ready to help us and she has been always asking us what she can do for my mother if it helps her . Would you please mind to share something? Please don’t answer negatively . (I am sorry to say like that As I had bitter experience before from people ) I had to go through so many ups and down due to her sickness and I have been her caregiver since she diagnosed this .Thank you so much in advance.

Your mother was a visitor so many volunteer work would have not been allowed so be very careful what you mention.

 

[canuck78]

Keep in mind, these are my unqualified (but well read) views. As you are still claimants, you don’t fall into the Permenent residency application requirement to submit an H&C claim. and being as you are a dependent on a claim, I also believe that essentially makes you a refugee claimant as well. In all honesty, given you can use best interests of the child, an H&C claim for you would be better served if you had a negative finding on your refugee claim 2 years from now. You would be better established in Canada by then and have far more credible evidence of exceptional circumstances. Currently, you have limited ties. H&C has an exceptionally low rate of approval (even with children), so you need to get those ties to Canada established while you wait for your hearing. Volunteer, get involved with the community (not just those related to your country of origin), go to church (if that’s your thing), get a job. These are all ties that work in your favour Read up on IRB and IRCC manuals about what is acceptable and what isn’t for H&C. As I’ve pointed out, if you go in claiming persecution or risk of harm, they will dismiss it.

Why didn't claim asylum yourself? There are rarely asylum applicants dependents who are able to get into Canada at this stage of their family's application. You must have had a US visa. Not quite sure what status you have. Through the irregular borders do they end up stamping passports? The only option would be a visitor. There are no work permit options.

 

[canuck78]

My mother has no status , she was helping people , it doesn’t matter if it’s not counted . I just mentioned it here .

Most volunteer work is considered work so be careful what you add to her file.

 

[Alien_walkingalone]

Most volunteer work is considered work so be careful what you add to her file.

Tourist can work as volunteer but with one stipulation that they won’t use it for a practicum position. What my mom did was just short term that’s it. Yes I will be careful if something is not allowed. Thanks