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

[canuck78]

There are no lawyer here offering free advice. However if you want legal advice, you can certainly hire the lawyer who pays for this forum for a fee. Their contact information is in the top left hand corner of each web page.

Hopefully @RaiSaab108 was already working with a lawyer. Filing for H&C or asylum has longterm consequences if you get denied so you should consult a lawyer and preferably a few before making a decision to file.

 

[The Invincible]

Regards to all. How good and useful is it for me to write details about my case on this forum? Can I put it all out or is it better not to? I am out of status for 18 months, that's why I ask this.

 

[canuck78]

Regards to all. How good and useful is it for me to write details about my case on this forum? Can I put it all out or is it better not to? I am out of status for 18 months, that's why I ask this.

Just don’t give your exact name. Why have you been out of status for 18 months and have you filed for asylum?

 

[The Invincible]

Before anything else, I would like to thank all of you who have put in the effort and took the time in providing answers and information that has been helpful to many.

Just don’t give your exact name. Why have you been out of status for 18 months and have you filed for asylum?

I didn't fill for asylum but for H&C. I think I will send app this month. I lost my job. Long and sad story but I am sure H&C is way for me and my family.

Our humanitarian and compassionate reasons for applying inside in Canada are:

1) Life and settlement in Canada

2) The best interest of our children

3) We are part of a mixed marriage

4) Hardships if we move from Canada

5) Our religion.

6) your opinion?​

Little bit more explanation: We got second child here in Canada (he is now 3 years), the older is 7 – he is going to French school. My wife was living in my country for only 4 years, then we moved here, so we belong to different countries. I was told that this cold be good reason for H&C app as well. We have friends here. Canada is really our home. I volunteered here, and worked for one religious organization. After I lost job, we moved to the multi-ethnic Church, where I am often involved in many Church activities (my family as well). It is very hard for us to go back - we have nothing in our countries. Zero. No property, house, job, nothing. At the end, together we belong to a religious community that is a minority in my country.

We are almost done with our app. However, I would like to hear your opinions about some details. For example, there are few, let's say, statements or questions in Supplementary Information Humanitarian and Compassionate Consideration app which I am not sure I know what to write:

7) explain the humanitarian and compassionate reasons that prevent you from leaving Canada. Humanitarian and compassionate reasons can not include fear or persecution, torture or risk to life or cruel and unusual treatment or punishment in your country of origin

--> I added 5 reasons. Maybe you have some tips for more?​

8) if you are requesting an exemption because you or a family member are inadmissible, or do not meet any applicable criteria or obligation of the Immigration and Refugee Protection Act, you must:

clearly indicate in your application the specific exemption you are requesting, and
provide all details related to this request, including the reasons why you should be granted an exemption on humanitarian and compassionate grounds​

--> I didn't understand this. I left blank.​

9) if applicable, describe the circumstances of your family and other relationships that would support your humanitarian and compassionate application

--> I described something, but maybe your tips could be helpful.​

10) if applicable, considering the best interest of the child, provide information on any child affected by this decision

--> The same as previous. More details - better.​

11) how have you established yourself in Canada

--> We love here, of course. However, what the word "established" could mean for H&C app? Canada is our home. Our children do not know any other country.​

12) how do you support yourself financially in Canada

--> This is very hard to explain. I do not have regular job, some small online job but if they ask me to provide how much money I earn - that is not enough for 1 week. And I am here without job and income for 18 months. We had some savings (soon and we won't have any) but I don't think so it is good idea to put job without valid work visa.
​

13) Indicate any other information you want to have considered in your application

--> Still thinking about this. Maybe my wife can write something, since she lived back in my country for 4 years, and she has bad experience there.
​

Also, any tips for so called "letter for support" from friends? I would like to know what exactly should be written from our friends. We have a lot of theme here, from different countries.

Thanks guys.

P. S. If anyone thinks they can send me a private message instead of writing here - go ahead. Thanks in advance.

 

[The Invincible]

We have a lot of theme here, from different countries. - lot of friends here. I don't know why "theme" came out.

 

[canuck78]

Before anything else, I would like to thank all of you who have put in the effort and took the time in providing answers and information that has been helpful to many.



I didn't fill for asylum but for H&C. I think I will send app this month. I lost my job. Long and sad story but I am sure H&C is way for me and my family.

Our humanitarian and compassionate reasons for applying inside in Canada are:

1) Life and settlement in Canada

2) The best interest of our children

3) We are part of a mixed marriage

4) Hardships if we move from Canada

5) Our religion.

6) your opinion?​

Little bit more explanation: We got second child here in Canada (he is now 3 years), the older is 7 – he is going to French school. My wife was living in my country for only 4 years, then we moved here, so we belong to different countries. I was told that this cold be good reason for H&C app as well. We have friends here. Canada is really our home. I volunteered here, and worked for one religious organization. After I lost job, we moved to the multi-ethnic Church, where I am often involved in many Church activities (my family as well). It is very hard for us to go back - we have nothing in our countries. Zero. No property, house, job, nothing. At the end, together we belong to a religious community that is a minority in my country.

We are almost done with our app. However, I would like to hear your opinions about some details. For example, there are few, let's say, statements or questions in Supplementary Information Humanitarian and Compassionate Consideration app which I am not sure I know what to write:

7) explain the humanitarian and compassionate reasons that prevent you from leaving Canada. Humanitarian and compassionate reasons can not include fear or persecution, torture or risk to life or cruel and unusual treatment or punishment in your country of origin

--> I added 5 reasons. Maybe you have some tips for more?​

8) if you are requesting an exemption because you or a family member are inadmissible, or do not meet any applicable criteria or obligation of the Immigration and Refugee Protection Act, you must:

clearly indicate in your application the specific exemption you are requesting, and
provide all details related to this request, including the reasons why you should be granted an exemption on humanitarian and compassionate grounds​

--> I didn't understand this. I left blank.​

9) if applicable, describe the circumstances of your family and other relationships that would support your humanitarian and compassionate application

--> I described something, but maybe your tips could be helpful.​

10) if applicable, considering the best interest of the child, provide information on any child affected by this decision

--> The same as previous. More details - better.​

11) how have you established yourself in Canada

--> We love here, of course. However, what the word "established" could mean for H&C app? Canada is our home. Our children do not know any other country.​

12) how do you support yourself financially in Canada

--> This is very hard to explain. I do not have regular job, some small online job but if they ask me to provide how much money I earn - that is not enough for 1 week. And I am here without job and income for 18 months. We had some savings (soon and we won't have any) but I don't think so it is good idea to put job without valid work visa.
​

13) Indicate any other information you want to have considered in your application

--> Still thinking about this. Maybe my wife can write something, since she lived back in my country for 4 years, and she has bad experience there.
​

Also, any tips for so called "letter for support" from friends? I would like to know what exactly should be written from our friends. We have a lot of theme here, from different countries.

Thanks guys.

P. S. If anyone thinks they can send me a private message instead of writing here - go ahead. Thanks in advance.

How were you able to come to Canada? How long were you in Canada with status? What has your family been doing for the past 18 months? It doesn’t seem like you, your wife or first child currently have legal access to healthcare, schooling, etc. Is your wife working?

 

[anhcanada2702]

Hi everyone.
My application was in for 16 months and still “application received” status. My lawyer called immigration and let me join the conversation. The immigration lady said my application is being processing. I asked about the first stage approval she said there’s no such thing. They will contact you before the timeline of your application (31 months) for medical and police check if you get approved. Until then there’s nothing to expect.
I wonder if now (16 moths) I dont get any removal order meaning they’re considered letting me stay or this doesn’t mean nothing? And AIP is not a thing, is it real? Meaning don’t expect AIP?
It worries me. Please share your opinion.
Thanks all.

 

[GodWin4ever]

Hi Guys, I sent H&C in August 2019 but still no acknowledgement of receipt for three months now, is it normal ? Thanks

 

[Kashcal]

Before anything else, I would like to thank all of you who have put in the effort and took the time in providing answers and information that has been helpful to many.

Job prospects are one of the crucial points for h&c considerations.

I didn't fill for asylum but for H&C. I think I will send app this month. I lost my job. Long and sad story but I am sure H&C is way for me and my family.

Our humanitarian and compassionate reasons for applying inside in Canada are:

1) Life and settlement in Canada

2) The best interest of our children

3) We are part of a mixed marriage

4) Hardships if we move from Canada

5) Our religion.

6) your opinion?​

Little bit more explanation: We got second child here in Canada (he is now 3 years), the older is 7 – he is going to French school. My wife was living in my country for only 4 years, then we moved here, so we belong to different countries. I was told that this cold be good reason for H&C app as well. We have friends here. Canada is really our home. I volunteered here, and worked for one religious organization. After I lost job, we moved to the multi-ethnic Church, where I am often involved in many Church activities (my family as well). It is very hard for us to go back - we have nothing in our countries. Zero. No property, house, job, nothing. At the end, together we belong to a religious community that is a minority in my country.

We are almost done with our app. However, I would like to hear your opinions about some details. For example, there are few, let's say, statements or questions in Supplementary Information Humanitarian and Compassionate Consideration app which I am not sure I know what to write:

7) explain the humanitarian and compassionate reasons that prevent you from leaving Canada. Humanitarian and compassionate reasons can not include fear or persecution, torture or risk to life or cruel and unusual treatment or punishment in your country of origin

--> I added 5 reasons. Maybe you have some tips for more?​

8) if you are requesting an exemption because you or a family member are inadmissible, or do not meet any applicable criteria or obligation of the Immigration and Refugee Protection Act, you must:

clearly indicate in your application the specific exemption you are requesting, and
provide all details related to this request, including the reasons why you should be granted an exemption on humanitarian and compassionate grounds​

--> I didn't understand this. I left blank.​

9) if applicable, describe the circumstances of your family and other relationships that would support your humanitarian and compassionate application

--> I described something, but maybe your tips could be helpful.​

10) if applicable, considering the best interest of the child, provide information on any child affected by this decision

--> The same as previous. More details - better.​

11) how have you established yourself in Canada

--> We love here, of course. However, what the word "established" could mean for H&C app? Canada is our home. Our children do not know any other country.​

12) how do you support yourself financially in Canada

--> This is very hard to explain. I do not have regular job, some small online job but if they ask me to provide how much money I earn - that is not enough for 1 week. And I am here without job and income for 18 months. We had some savings (soon and we won't have any) but I don't think so it is good idea to put job without valid work visa.
​

13) Indicate any other information you want to have considered in your application

--> Still thinking about this. Maybe my wife can write something, since she lived back in my country for 4 years, and she has bad experience there.
​

Also, any tips for so called "letter for support" from friends? I would like to know what exactly should be written from our friends. We have a lot of theme here, from different countries.

Thanks guys.

P. S. If anyone thinks they can send me a private message instead of writing here - go ahead. Thanks in advance.

If there is a way you could add something which shows that you are hard working person and future job prospects.
We have recently applied for the humanitarian considerations for our application for PR. I am not sure about the outcome, but our lawyer suggested that Job is one of the main factors to be considered.

 

[canuck78]

Hi Guys, I sent H&C in August 2019 but still no acknowledgement of receipt for three months now, is it normal ? Thanks

Yes it is a very long process and getting longer because the large volume of asylum seekers are all applying for H&C if they exhaust their appeals.

 

[canuck78]

If there is a way you could add something which shows that you are hard working person and future job prospects.
We have recently applied for the humanitarian considerations for our application for PR. I am not sure about the outcome, but our lawyer suggested that Job is one of the main factors to be considered.

Seems like you were a student. Did you not apply for PGWP and the qualify for PR? Not being able to qualify for PR based on your point balance is not really an H&C reason. It seems like you are waiting for PNP. Most wait as a visitor, apply for BOWP if they qualify or return home until the get PNP or study for over 2 years so they have 3 years to qualify for PR.

 

[Kashcal]

Seems like you were a student. Did you not apply for PGWP and the qualify for PR? Not being able to qualify for PR based on your point balance is not really an H&C reason. It seems like you are waiting for PNP. Most wait as a visitor, apply for BOWP if they qualify or return home until the get PNP or study for over 2 years so they have 3 years to qualify for PR.

Yes, that was the planning. I did my degree. Got PGWP for 3 years. Started to work fulltime. Applied for PR after getting PNP certificate. However, because of some unfortunate circumstances, received PFL for inadmissible spouse, we had to request them for h&c considerations.

 

[canuck78]

Yes, that was the planning. I did my degree. Got PGWP for 3 years. Started to work fulltime. Applied for PR after getting PNP certificate. However, because of some unfortunate circumstances, received PFL for inadmissible spouse, we had to request them for h&c considerations.

That is a really individual case. There are only a few reasons that your spouse could suddenly be inadmissible. Did they re entry get charged with something or are already guilty? They seem to be in Canada so were admissible at some point. A job is important but so is other things. When does your PGWP run out? The H&C system is very overwhelmed at the moment and it is getting worse.

 

[The Invincible]

How were you able to come to Canada? How long were you in Canada with status? What has your family been doing for the past 18 months? It doesn’t seem like you, your wife or first child currently have legal access to healthcare, schooling, etc. Is your wife working?

Long story buddy.

 

[canuck78]

Long story buddy.

Very hard to provide input on your questions because there seems to be large gaps and unknowns. I may not have understood your original post but have you sought shelter in a religious institution and are living there? You have been without status for 18 months and H&C cases are taking quite a long time so it could be another 1+ years until you hear anything.