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

[BC.Canada]

Hello,
This is the first time I'm in a H&C forum but I thought maybe one of you can help me.
I am a single mom in Canada and my son and I have been living in Canada for 6 and a half years now. We came to Canada because my son has a health condition and treatment wasn't available in our country.
I applied for Humanitarian and Compassionate application almost 3 years ago. We sent in a lot of supporting evidence like, doctor's note, medical certificate, medical history, proof that treatment isn't available, etc. But I still got a refusal letter a week ago... So, I asked for a reconsideration with new and updated letters from the doctor and medical certificate but refused again...
My son needs this treatment. I've tried looking for a partner for spouse sponsor but no luck for me...
Before H&C, I was here with a visitors visa and my son with a students (Because he went to school while getting treatment every week).

Is there anything else I can do? Can anyone help me?
Thank you

 

[Growing pains]

Hello,
This is the first time I'm in a H&C forum but I thought maybe one of you can help me.
I am a single mom in Canada and my son and I have been living in Canada for 6 and a half years now. We came to Canada because my son has a health condition and treatment wasn't available in our country.
I applied for Humanitarian and Compassionate application almost 3 years ago. We sent in a lot of supporting evidence like, doctor's note, medical certificate, medical history, proof that treatment isn't available, etc. But I still got a refusal letter a week ago... So, I asked for a reconsideration with new and updated letters from the doctor and medical certificate but refused again...
My son needs this treatment. I've tried looking for a partner for spouse sponsor but no luck for me...
Before H&C, I was here with a visitors visa and my son with a students (Because he went to school while getting treatment every week).

Is there anything else I can do? Can anyone help me?
Thank you

I’m so sorry this happened .I don’t know why they made you wait 3 whole years just to refuse you.Its sad . Do you have a lawyer helping you? If you don’t,please get one as soon as possible.Unfortunately,since you have already asked for reconsideration,you will need to re-apply.
Also, one of the members here was able to turn his case around by moving to a different province.See if you can do that.Best of luck

 

[Growing pains]

Hello,
This is the first time I'm in a H&C forum but I thought maybe one of you can help me.
I am a single mom in Canada and my son and I have been living in Canada for 6 and a half years now. We came to Canada because my son has a health condition and treatment wasn't available in our country.
I applied for Humanitarian and Compassionate application almost 3 years ago. We sent in a lot of supporting evidence like, doctor's note, medical certificate, medical history, proof that treatment isn't available, etc. But I still got a refusal letter a week ago... So, I asked for a reconsideration with new and updated letters from the doctor and medical certificate but refused again...
My son needs this treatment. I've tried looking for a partner for spouse sponsor but no luck for me...
Before H&C, I was here with a visitors visa and my son with a students (Because he went to school while getting treatment every week).

Is there anything else I can do? Can anyone help me?
Thank you

Also,why were you refused? Maybe that’ll help

 

[canuck78]

How was he receiving treatment while you were on visitor visas? Have you paying for all you child’s medical care? How have you been able to survive without being able to work? Technically you should not have received a work visa until you passed A1P. Surprised that your child was able to attend school either since BC school districts are known to be pretty strict about requiring parents to show that their child is legally able to accessing schooling.

What explanation was given on why you were denied? Filing for H&C isn’t really the proper way to get your child medical care in Canada. You also mention that before H&C you were in Canada as visitors seeking medical care and attending school. How long were you visitors and how long has your H&C process lasted?

 

[SpiritualWonderBoy]

Hello,
This is the first time I'm in a H&C forum but I thought maybe one of you can help me.
I am a single mom in Canada and my son and I have been living in Canada for 6 and a half years now. We came to Canada because my son has a health condition and treatment wasn't available in our country.
I applied for Humanitarian and Compassionate application almost 3 years ago. We sent in a lot of supporting evidence like, doctor's note, medical certificate, medical history, proof that treatment isn't available, etc. But I still got a refusal letter a week ago... So, I asked for a reconsideration with new and updated letters from the doctor and medical certificate but refused again...
My son needs this treatment. I've tried looking for a partner for spouse sponsor but no luck for me...
Before H&C, I was here with a visitors visa and my son with a students (Because he went to school while getting treatment every week).

Is there anything else I can do? Can anyone help me?
Thank you

May we know what office process your papers ? What Humanitarian Office ?

Thank you

 

[cantaloupe]

Hello,
This is the first time I'm in a H&C forum but I thought maybe one of you can help me.
I am a single mom in Canada and my son and I have been living in Canada for 6 and a half years now. We came to Canada because my son has a health condition and treatment wasn't available in our country.
I applied for Humanitarian and Compassionate application almost 3 years ago. We sent in a lot of supporting evidence like, doctor's note, medical certificate, medical history, proof that treatment isn't available, etc. But I still got a refusal letter a week ago... So, I asked for a reconsideration with new and updated letters from the doctor and medical certificate but refused again...
My son needs this treatment. I've tried looking for a partner for spouse sponsor but no luck for me...
Before H&C, I was here with a visitors visa and my son with a students (Because he went to school while getting treatment every week).

Is there anything else I can do? Can anyone help me?
Thank you

Sorry this happened to you and your son. Do you live in British Columbia as your profile name suggests? If you lived in the Toronto area I would suggest contacting the Barbra Schlifer Legal Clinic. They specialize in assisting marginalized women and victims of abuse. From your story I think (and hope) you do not fall into those categories but given that you are a single mother, there is a chance they would be in a position to help. If you are not around here, I still suggest searching for a similar clinic or perhaps asking the Schlifer clinic where they think you should refer to in your area to seek advice. Here is their website:
https://schliferclinic.com/legal-services/immigration-and-refugee-law/

It is difficult to find the best answer on any online forum. There are generally two reasons an H&C case is refused: 1. the case is not compelling 2. the case is not well presented.
Without knowing much about your case I could only comment that: In the case of a medical issue, you will still need to prove there is urgency beyond the usual medical need and that the hardship involved is not transitory and is likely permanent. The medical need per se is unfortunately viewed as a negative factor (due to the extra burden on health services). Therefore, the hardship you would face if they asked you and your son to go back and apply from outside Canada should clearly outweigh that negative factor. If you think these hold true for your case, it could be that your haven't demonstrated your point in your application and a new application, aided by legal advice is the way to go. This is an important decision because it would involve a long period of waiting, especially as you would be (or maybe you are currently) out of status and at risk of removal.
Lastly, another forum user suggested changing your province. That would not help at all. These cases are federally adjudicated and place of residence has no independent role in the outcome if you live outside Quebec.

 

[Growing pains]

Sorry this happened to you and your son. Do you live in British Columbia as your profile name suggests? If you lived in the Toronto area I would suggest contacting the Barbra Schlifer Legal Clinic. They specialize in assisting marginalized women and victims of abuse. From your story I think (and hope) you do not fall into those categories but given that you are a single mother, there is a chance they would be in a position to help. If you are not around here, I still suggest searching for a similar clinic or perhaps asking the Schlifer clinic where they think you should refer to in your area to seek advice. Here is their website:
https://schliferclinic.com/legal-services/immigration-and-refugee-law/

It is difficult to find the best answer on any online forum. There are generally two reasons an H&C case is refused: 1. the case is not compelling 2. the case is not well presented.
Without knowing much about your case I could only comment that: In the case of a medical issue, you will still need to prove there is urgency beyond the usual medical need and that the hardship involved is not transitory and is likely permanent. The medical need per se is unfortunately viewed as a negative factor (due to the extra burden on health services). Therefore, the hardship you would face if they asked you and your son to go back and apply from outside Canada should clearly outweigh that negative factor. If you think these hold true for your case, it could be that your haven't demonstrated your point in your application and a new application, aided by legal advice is the way to go. This is an important decision because it would involve a long period of waiting, especially as you would be (or maybe you are currently) out of status and at risk of removal.
Lastly, another forum user suggested changing your province. That would not help at all. These cases are federally adjudicated and place of residence has no independent role in the outcome if you live outside Quebec.

I only suggested that because that may solve the puzzle.And Even though H&C is federally adjudicated, some rules don’t apply in certain province.Like in certain province ,you still can’t get a health card with AIP(Unless that’s changed)whereas,in Ontario,you can.We are all trying to help here.Plus non of us here is a decision maker or a lawyer so you never know

 

[scylla]

Hello,
This is the first time I'm in a H&C forum but I thought maybe one of you can help me.
I am a single mom in Canada and my son and I have been living in Canada for 6 and a half years now. We came to Canada because my son has a health condition and treatment wasn't available in our country.
I applied for Humanitarian and Compassionate application almost 3 years ago. We sent in a lot of supporting evidence like, doctor's note, medical certificate, medical history, proof that treatment isn't available, etc. But I still got a refusal letter a week ago... So, I asked for a reconsideration with new and updated letters from the doctor and medical certificate but refused again...
My son needs this treatment. I've tried looking for a partner for spouse sponsor but no luck for me...
Before H&C, I was here with a visitors visa and my son with a students (Because he went to school while getting treatment every week).

Is there anything else I can do? Can anyone help me?
Thank you

Did your son complete his studies and obtain a PGWP? Is he working or has he gained at least a year of skilled work experience? Is this status in Canada still valid? If so, he may qualify for PR through an economic immigration stream like Express Entry. Unfortunately this won't help you since you cannot be included in his application. But it will help him.

 

[canuck78]

Hello,
This is the first time I'm in a H&C forum but I thought maybe one of you can help me.
I am a single mom in Canada and my son and I have been living in Canada for 6 and a half years now. We came to Canada because my son has a health condition and treatment wasn't available in our country.
I applied for Humanitarian and Compassionate application almost 3 years ago. We sent in a lot of supporting evidence like, doctor's note, medical certificate, medical history, proof that treatment isn't available, etc. But I still got a refusal letter a week ago... So, I asked for a reconsideration with new and updated letters from the doctor and medical certificate but refused again...
My son needs this treatment. I've tried looking for a partner for spouse sponsor but no luck for me...
Before H&C, I was here with a visitors visa and my son with a students (Because he went to school while getting treatment every week).

Is there anything else I can do? Can anyone help me?
Thank you

Missed that your son had a study permit. Wereally need some clarification. How old is your child? Are they still studying? Did they study full-time and move onto to PGWP? Do either of you still have status in Canada? Would his treatment be considered medically excessive. Did you apply for H&C together?

 

[SpiritualWonderBoy]

Can we request for GCMS Notes even if our application is still In Process ?

 

[cantaloupe]

Can we request for GCMS Notes even if our application is still In Process ?

You can request those notes at any point if you or your representative are physically present in Canada.

 

[SpiritualWonderBoy]

Hello guys. I just want to ask. I received last week a Biometric Instruction Letter and the day after in Ecas shown “In Process”

What does this mean ?

 

[Latin40]

Hello guys. I just want to ask. I received last week a Biometric Instruction Letter and the day after in Ecas shown “In Process”

What does this mean ?

Do you receive it by email?

 

[SpiritualWonderBoy]

Yes by email

 

[SpiritualWonderBoy]

What does it mean and what happens next ?