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

I

irochka832

Hero Member
Oct 26, 2018
242
95
Ontario
Category........
FSW
Do they commonly require biometrics after the status changes to In Process? Or, again, each case is different? Our app is In Process since July 15 but we didn't receive any requests for biometrics or anything else.
 
C

canuck78

VIP Member
Jun 18, 2017
55,589
13,522
irochka832 said:
Do they commonly require biometrics after the status changes to In Process? Or, again, each case is different? Our app is In Process since July 15 but we didn't receive any requests for biometrics or anything else.
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Every case is different. In process can still mean months away.
 
B

BC.Canada

Newbie
Aug 5, 2020
5
0
canuck78 said:
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?
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My son is in grade 11 in hight school. Yes he is still studying. We both still have status. We applied together
 
B

BC.Canada

Newbie
Aug 5, 2020
5
0
cantaloupe said:
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.
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We handed in everything my lawyer suggested. We handed in medical certificate, medical history, everything that would prove that the treatment isn't available in our home country. We had 3 of his doctors in our home country write a letter, and we also got his doctor in Canada that have been treating him to write a letter as well.
 
B

BC.Canada

Newbie
Aug 5, 2020
5
0
scylla said:
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.
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He is still in high school (Gr 11). He hasn't been working and nether have I. My parents were supporting us financially. We talked to our lawyers about every option before applying but he said H&C is our only option.
 
B

BC.Canada

Newbie
Aug 5, 2020
5
0
We handed in everything we can think of. Medical certificate, medical letters (From 4 doctors. 3 from our home country that was treating him before with an alternative medication which didn't work, and 1 from his doctor in Canada that have been treating him), medical history, medication history, treatment history, proof that he cannot be treated in our home country, proof that he has tried alternative treatments in our home country but didn't work, etc.
Also, I have a friend that also applied for H&C for her own medical reason. She had a rare condition that wasn't common in her country so there wasn't any treatment. She handed in everything like I did. Every single proof and evidence. There was absolutely no reason her to be refused. She had a valid work visa, she proved to the officer about everything. But 5 months ago, she got refused 4 DAYS after she got her AIP. So she had to go back to her home country. 3 months ago, she came back to Canada with another visa because she had a seizure in her country when she stopped getting her usual treatment and medications.
 
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