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Humanitarian and compassionate ground

irochka832

Hero Member
Oct 26, 2018
242
95
Ontario
Category........
FSW
Processing times are only estimates so please don’t count on an answer exactly in 6 months. We have seen others go over 3 years.
I understand. And there can still be rejection after this long period of time? Or, if it was a clear non-h&c case, they would let people earlier?
 

canuck78

VIP Member
Jun 18, 2017
55,619
13,534
I understand. And there can still be rejection after this long period of time? Or, if it was a clear non-h&c case, they would let people earlier?
A long processing time doesn’t mean approval. It just means it takes a long time to start the processing.
 

peaceseeker

Newbie
Apr 25, 2020
7
0
Dear members,
My friend had his first hearing in 2016 and got rejected, he appealed then the appeal was allowed for second hearing, board member rejected his claim again in 2018. Then he appealed again. Then CBSA sent him removal order but can't remove him because he has a pending appeal. It has been almost 20 months since he filed his second appeal. he has been in Canada for about 4 years. He is a working professional and has a decent income. Is there any advice to secure his status in Canada? Thank you in advance for any tips and advises.
 

canuck78

VIP Member
Jun 18, 2017
55,619
13,534
Dear members,
My friend had his first hearing in 2016 and got rejected, he appealed then the appeal was allowed for second hearing, board member rejected his claim again in 2018. Then he appealed again. Then CBSA sent him removal order but can't remove him because he has a pending appeal. It has been almost 20 months since he filed his second appeal. he has been in Canada for about 4 years. He is a working professional and has a decent income. Is there any advice to secure his status in Canada? Thank you in advance for any tips and advises.
When it comes to asylum having a decent income doesn’t help. You’d have to leave Canada if he wanted to apply for economic immigration.
 

Sam Singh

Full Member
Apr 8, 2012
46
1
India
Category........
PNP
Hi everyone,I have a question regarding H&C .How long should a person been living here to apply for it? Does it has a positive impact in case if we have a canadian born child and how long does it take to get a work permit once applied for HC?
 

canuck78

VIP Member
Jun 18, 2017
55,619
13,534
Hi everyone,I have a question regarding H&C .How long should a person been living here to apply for it? Does it has a positive impact in case if we have a canadian born child and how long does it take to get a work permit once applied for HC?
There isn’t any exact rules for H&C. Having a Canadian born child does not guarantee H&C. H&C is not a replacement for applying for an economic immigration program if you don’t qualify. A work permit isn’t guaranteed when you apply for H&C. Some wait for an answer about their application using their savings. What Is the basis of your H&C claim. Why are you not applying for an economic immigration program?
 

canuck78

VIP Member
Jun 18, 2017
55,619
13,534
Hi everyone,I have a question regarding H&C .How long should a person been living here to apply for it? Does it has a positive impact in case if we have a canadian born child and how long does it take to get a work permit once applied for HC?
Read through your previous posts and see no reason for you to qualify for H&C. You committed birth tourism, attempted to get a WP but were denied and don’t qualify for economic immigration. This is not an H&C case. Having a child born in Canada does not allow you to remain in Canada or create an H&C case. Your child will be able to return when they are 18. You won’t get a WP if you apply for H&C. What is your current status in Canada? Your wife?
 

Sam Singh

Full Member
Apr 8, 2012
46
1
India
Category........
PNP
Read through your previous posts and see no reason for you to qualify for H&C. You committed birth tourism, attempted to get a WP but were denied and don’t qualify for economic immigration. This is not an H&C case. Having a child born in Canada does not allow you to remain in Canada or create an H&C case. Your child will be able to return when they are 18. You won’t get a WP if you apply for H&C. What is your current status in Canada? Your wife?
We didn't come here for birth tourism.I got a job offer 4 months after we landed here and I applied for WP which got rejected twice before our baby was born here.My wife delivered a baby 14 months after we landed here.My lawyer said that we can apply for H&C on behlaf of our case.Thats why I am asking here in forum.Right now we have applied for visitor extension.
 
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Copingwithlife

VIP Member
Jul 29, 2018
4,488
2,258
Earth
We didn't come here for birth tourism.I got a job offer 4 months after we landed here and I applied for WP which got rejected twice before our baby was born here.My wife delivered a baby 14 months after we landed here.My lawyer said that we can apply for H&C on behlaf of our case.Thats why I am asking here in forum.Right now we have applied for visitor extension.
But what's your H&C ? You came on a visitor visa, work permit rejected ...twice , wife had a kid here . Unless I'm missing something , what's your reason to go down the H&C route ? Your lawyer can say anything, but you have to have a reason . Having a kid isn't typically one
 

canuck78

VIP Member
Jun 18, 2017
55,619
13,534
We didn't come here for birth tourism.I got a job offer 4 months after we landed here and I applied for WP which got rejected twice before our baby was born here.My wife delivered a baby 14 months after we landed here.My lawyer said that we can apply for H&C on behlaf of our case.Thats why I am asking here in forum.Right now we have applied for visitor extension.
You didn’t land you entered Canada as a visitor and tried to find a job. During that time your wife got pregnant. Instead of returning home to seek medical care and give birth you remained in Canada. You applied for one WP that was denied and instead of leaving Canada you applied for another WP. Your wife then gave birth as a visitor. That is birth tourism.

Did you mention in your previous visitor status renewal that your wife was pregnant and intended to remain in Canada to have a baby? Getting another visitor extension will likely be much more difficult especially after having a child while a visitor and after the WP refusals. You don’t have an H&C case. Having a child in Canada is not an a H&C reason. You also don’t qualify for a work permit so will have to wait for around 3 years without working. It is highly likely that you will lose your status while waiting and will likely get a removal order at some point. The H&C order will continue even if you are abroad. Applying for H&C and having a child while a visitor will have consequences on future travel especially to Canada. Would switch lawyers. Your current lawyer is not providing good advice.