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

RaiSaab108

Hero Member
Nov 3, 2019
201
133
Every case is unique in its own ways so it’s all dependent on how exceptional your situation is. There is no clear cut checklist for H and C application.
Think about it like this - immigration application made under H and C are very much like a court case so winning it depends solely on the merit of your case and if you really need any kind of relief.

It is not just another way of applying for PR. My mom is 50 - 48 when she applied for H and C. We won the case because I put in so much effort into preparing the documentation and I grew up in Canada. Immigration officer saw this and called me before issuing an approval letter.

Like I said, decisions are made on a case by case basis and you can’t copy someone’s case and try to fit some of the elements into yours.
Can you please tell about your mother's situation when she applied for h and c

Thanks
 

Canadienne_91

Star Member
May 15, 2020
83
51
Can you please tell about your mother's situation when she applied for h and c

Thanks
I have been in Canada ever since I was a minor, I.e. under the age of 18...and went to a college, university and graduate school (another university) for a STEM program. I’m a Canadian national who spent almost half of my life in Canada and have not been to the country of my birth in around 12 years.

We had to put in documentation showing my parents establishment / struggle to land a proper status in Canada.

Moreover, we have a very strong history in Canada and most of our family members are Canadian citizens (from my dads side) and permanent residents (from my moms side).

H and C is not just another way to get around the IRPA requirements to apply for PR outside of Canada. You need to have an exceptional and compelling case.

If your son applied for you and your spouse because he doesn’t meet the LICO requirements for PGP sponsorship then your application outcome can go either way - 50/50 chance.

Looks like he is also a new immigrant so in order to succeed in an application like this you need to clearly show that your son is Canadian and you, your wife and your son have made Canada home in the form of having a solid career or solid education from within Canada.
 
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Canadienne_91

Star Member
May 15, 2020
83
51
If in your heart you know that your situation is exceptional and warrant relief then you should already have all the documentation / paperwork handy.

By asking other people about the format of letters - you’re essentially asking to copy someone else’s situation and make it your own. This won’t work.

Your application need to contain information that reflect your own experiences and not a borrowed version from someone else.

If found untrue, this could even be classified as potential grounds for misrepresentation.
 

canuck78

VIP Member
Jun 18, 2017
55,437
13,462
I have been in Canada ever since I was a minor, I.e. under the age of 18...and went to a college, university and graduate school (another university) for a STEM program. I’m a Canadian national who spent almost half of my life in Canada and have not been to the country of my birth in around 12 years.

We had to put in documentation showing my parents establishment / struggle to land a proper status in Canada.

Moreover, we have a very strong history in Canada and most of our family members are Canadian citizens (from my dads side) and permanent residents (from my moms side).

H and C is not just another way to get around the IRPA requirements to apply for PR outside of Canada. You need to have an exceptional and compelling case.

If your son applied for you and your spouse because he doesn’t meet the LICO requirements for PGP sponsorship then your application outcome can go either way - 50/50 chance.

Looks like he is also a new immigrant so in order to succeed in an application like this you need to clearly show that your son is Canadian and you, your wife and your son have made Canada home in the form of having a solid career or solid education from within Canada.
For parents to be approved you need a lot more than children and grandchildren are settled and doing well in Canada. You have to show why it would be impossible and detrimental for the parent to return to their home country.
 

Canadienne_91

Star Member
May 15, 2020
83
51
For parents to be approved you need a lot more than children and grandchildren are settled and doing well in Canada. You have to show why it would be impossible and detrimental for the parent to return to their home country.
True - but it wouldn’t be appropriate for me to put my entire life story out on a web form for strangers to read.

Bottom line is when someones applying for an exemption. The first thing they should ask themselves is that does their situation warrant an exemption? It’s a simple yes or no answer.

If the answer is a yes, then they should include all of the documentation on the basis of which they think the exemption from the IRPA is warranted.


It’s common sense. Peoples experience and life history matters - age irrelevant and someone who’s 65 or 70 isn’t young so you need to stop calling them that and present them with a Solution or advice that actually makes sense.
 

Blac Kelly..

Hero Member
Sep 21, 2018
437
381
Sure you Can do it yourself, but be ready to work on it carefuly and grab as much proof as you can to support your story.

I didn't have any lawyer but Iike Kadija said legal aid can pay immigration lawyer if you find one that took lagal aid (most of them don't want to) and you must be eligible and have low income.

Hardest part in my opinion and in my case was writing my story where I include my H&C ground and got all the proof I need to make sure Imm officer will understand my situation clearly. That part took me so much time because I wanted it to be perfect and I don't regret. The Immigration forms part was easy for me because I was used to them.

And yous can alway call your MP office to see if somebody can check your application before you submit it ( I don't know if every MP office does this)

Here two link that helps me a lot for my DIY H&C application.


http://www.solidarityacrossborders.org/wp-content/uploads/HC-kit-EN-FINAL.pdf


http://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf#page88
Please did you send hard copies of your H and C documents by post office or you scanned documents to the immigration ?
 

canuck78

VIP Member
Jun 18, 2017
55,437
13,462
True - but it wouldn’t be appropriate for me to put my entire life story out on a web form for strangers to read.

Bottom line is when someones applying for an exemption. The first thing they should ask themselves is that does their situation warrant an exemption? It’s a simple yes or no answer.

If the answer is a yes, then they should include all of the documentation on the basis of which they think the exemption from the IRPA is warranted.


It’s common sense. Peoples experience and life history matters - age irrelevant and someone who’s 65 or 70 isn’t young so you need to stop calling them that and present them with a Solution or advice that actually makes sense.
I am just stressing that everyone thinks that there situation is exceptional so It is important to stress that there needs to be a special circumstance or they would be a candidate for PGP like most people. It is understandable that people want their parents to get PR as soon as possible but that is not a reason to apply for H&C. I am stressing that there needs to be a significant reason why a person can not apply for PGP and needs H&C. People need to take the emotion out of the situation and look critically at their situation from the point of view of CIC. I also think many lawyers don’t stress the risks or the chances of getting H&C. They want a client. I never said you should post your entire situation. Age and ability certainly factors into an H&C consideration for situations where families are essentially not willing to wait until they get selected by PGP and arrived on a TRV or supervisa after retirement. A 65 year old is usually able to care for themselves, do their cooking, washing, small shopping, etc. so yes age does matter and is considered. Whether both parents are still alive also factors in when claiming parents are all alone. We have seen recent cases where people are shocked that they are denied. Many go into applying for H&C without realizing there are negative consequences and assume that not having their children in their home country will be enough to secure H&C.

The majority of people applying for H&C for their parents don’t have a complex and longterm situations like it sounds like your family does. It sounds like your mother has been trying to legalize her status in Canada for a long time and seems to have been working in Canada, whether with or without a WP, for years and is of working age. Being able to work and not be dependent was likely a benefit in her case. Most of the cases we see are parents who have arrived after their children have moved to Canada and want to immigrate to Canada for their retirement.
 
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refugeeseeker

Star Member
Sep 23, 2016
101
15
Hi all

Current Status of my mom's case:

Permanent Residence

  1. We received your application for permanent residence on XX, 2018.
  2. We sent you correspondence acknowledging receipt of your application(s) on XX, 2018.
  3. We started processing your application on XX, 2020.
  4. We sent you medical instructions on XX, 2020. To avoid delays, please provide us the information requested in the letter as soon as possible. Please consider delays in mail delivery before contacting us.
  5. Medical results have been received.
Approval In Principle Letter issued in early June 2020.

Hey, did you get the letter from IRCC yet? or still waiting?[/QUOTE]
 
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Canadienne_91

Star Member
May 15, 2020
83
51
Hey, did you get the letter from IRCC yet? or still waiting?
[/QUOTE]

Update on my mom's case:

1. Medicals: Passed
2. Security: Passed
3. Criminality: In Progress

Any ideas as to when the criminality is going to be passed as well. We submitted an original PCC from her country of birth with the application. They did not request a PCC from RCMP (within Canada) but we got the fingerprints done and provided it to IRCC anyways. They might have received it around June 26, 2020.

When can my mom expect a COPR email?
 

Ace_Bailey

Member
Jun 29, 2020
14
0
Hi,
My daughter and I just received a refusal letter from our officer and we don't know what to do anymore.
Our reason for H&C was for my daughters sever skin condition. We sent letters, medical letters from doctors, pictures, etc.
In the application status online, it still says its in process but maybe it takes a while to get updated.
Does anyone know if reconsideration is a good idea? Is there anything we can do from here?
 

kial

Star Member
Jan 18, 2017
156
42
Hi,
My daughter and I just received a refusal letter from our officer and we don't know what to do anymore.
Our reason for H&C was for my daughters sever skin condition. We sent letters, medical letters from doctors, pictures, etc.
In the application status online, it still says its in process but maybe it takes a while to get updated.
Does anyone know if reconsideration is a good idea? Is there anything we can do from here?
Oh sorry to hear that . I think you can do appeal. Can you plz share your timeline. Thanks
 

Ace_Bailey

Member
Jun 29, 2020
14
0
Oh sorry to hear that . I think you can do appeal. Can you plz share your timeline. Thanks
How does appealing work? I'm researching about it and trying to find a better lawyer but there's not a whole bunch of info. My lawyer I used for my H&C application was no use.
Here's my timeline:

Application received: Nov 23, 2017
Sent correspondence acknowledging receipt: Dec 6 2017
Started processing in Aug 21 2018.

Then we got an email from our officer asking for some documents a week ago. And got our refusal letter this morning my email.