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

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Sweet child

Hero Member
May 4, 2020
355
245
Rina1021 said:
I need help I receive my refusal today. Should I reapply or appeal?
Thank you
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I'm so sorry to hear about your refusal, but it is not the end you can reapply again but make it more stronger and with more prove. I got refusal also too and reapply again with a lot more prove to back up my argument and this time I was approved, just get yourself a good lawyer that specializes in h&c......stay strong you will prevail
 
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Ayanna

Ayanna

VIP Member
Oct 4, 2020
3,019
6,925
Akash2019 said:
Even not covid she is a skilled person she should be accepted
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you are viewing the case from your Perspective
You need to view the case on officer’s Perspective
When I was working with immigration lawyers as a voluntary worker and the lawyer told Me. You need to convince the officers. U need to think thru the officers point of view. how would you look at the case ? Does the case has strong argument, is it reasonable, has all the evidence or proofs to support your case? Find and correct your errors efficiently
 
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wello711

Champion Member
Feb 11, 2021
1,552
938
Canada
Category........
Other
Sweet child said:
I'm so sorry to hear about your refusal, but it is not the end you can reapply again but make it more stronger and with more prove. I got refusal also too and reapply again with a lot more prove to back up my argument and this time I was approved, just get yourself a good lawyer that specializes in h&c......stay strong you will prevail
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hi @Sweet child can i send you a mssage about my case please ?
 
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Rina1021

Star Member
Jan 23, 2020
91
60
bella12 said:
Am so sorry about the refusal of your application.

Since you said there is no misrepresentation in your application, here is a very important question I will like to ask and also will be important you look into the base on the grounds( establishment in Canada and best interest of the child) of your application. I will focus mainly on the grounds of the establishment as I have some knowledge about it. I don't have any knowledge about the best interest of the child since I do not have a child.

Did you include evidence that is compelling that shows you have established yourself in Canada? If so, what are the evidence you provided?

Depending on your circumstance, For example, let's assume you were once an international student with a valid visa BEFORE you ran out of status. If you have completed your education and you provide them with your certificate and transcript and also you provide them with an official letter(having the official stamp on it) from your bank stating your account is in good standing and you have NO debt with a copy of your bank account statement ( well loaded with thousands of dollars), together with your tax assessment statements for all the years you have been in Canada. this will convince any immigration officer that you have established yourself in Canada.

The whole point of establishment is to know what you have been doing in Canada since you enter this country and how you have "progressed successfully" towards been self financially sufficient without depending on any form of social assistance. Bear in mind you have a child. If the evidence you provide is not compelling enough to convince the immigration officer, it will have a direct impact on your ability to argue the second ground of your application (best interest of the child).

Also, you will need to provide evidence that you have adapted well in your community. You will need a reference letter from people who reside within your community. It could also be a work reference letter. Another important thing is that you need to do some charity or voluntary work in your community for any charity organization in the area you live. Take pictures with employees or with the manager while you are volunteering. Include these pictures in your application. If you can get an official letter from the charity organization you work for, add it to your application.

All this helps to strengthen your establishment in Canada argument of your application that makes any application. Ensure this is address this issue should in case you decide to re-apply for a new H& C application and get a NEW and well-qualfied lawyer with an "excellent track record with H& C applications".
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Since I was greatly affected falling out of status for few months now my bank account is not as good as before, I attach all the required paper t4’s tax diploma work certificate language test. Maybe I should just focus on the benefit of my child and the hardship she will be facing when we were sent home or exemption was not granted
 
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Rina1021

Star Member
Jan 23, 2020
91
60
Ayanna said:
you are viewing the case from your Perspective
You need to view the case on officer’s Perspective
When I was working with immigration lawyers as a voluntary worker and the lawyer told Me. You need to convince the officers. U need to think thru the officers point of view. how would you look at the case ? Does the case has strong argument, is it reasonable, has all the evidence or proofs to support your case? Find and correct your errors efficiently
Click to expand...
Noted on this :)
 
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wello711

Champion Member
Feb 11, 2021
1,552
938
Canada
Category........
Other
Rina1021 said:
Since I was greatly affected falling out of status for few months now my bank account is not as good as before, I attach all the required paper t4’s tax diploma work certificate language test. Maybe I should just focus on the benefit of my child and the hardship she will be facing when we were sent home or exemption was not granted
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do you have voluntary job ?
did you send pictures in your application ?
do you ave family and relatives here ?
did you send letters of support from friends, family memvers etc.. ?
any reports from psychologist, social worker, doctor ??
have you made any updates after sending the application ?
 
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bella12

Hero Member
Jul 10, 2019
307
418
Rina1021 said:
Since I was greatly affected falling out of status for few months now my bank account is not as good as before, I attach all the required paper t4’s tax diploma work certificate language test. Maybe I should just focus on the benefit of my child and the hardship she will be facing when we were sent home or exemption was not granted
Click to expand...
You are spot on!

Remember, hardship is the "core foundation" of any H& C application regardless of the ground of argument of any case. Once one omits the argument on hardship, it leaves room for any immigration officer to exploit a loophole in the application for refusal.

I will suggest you focus on the best interest of the child and hardship ( especially in your home country) for your situation. ensure you provide compelling evidence in your application. Lastly, use a lawyer who specializes in h&c application aid to fix your application if you have the financial resources to hire one. I will not advise you to attempt the application yourself
 
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Rina1021

Star Member
Jan 23, 2020
91
60
bella12 said:
You are spot on!

Remember, hardship is the "core foundation" of any H& C application regardless of the ground of argument of any case. Once one omits the argument on hardship, it leaves room for any immigration officer to exploit a loophole in the application for refusal.

I will suggest you focus on the best interest of the child and hardship ( especially in your home country) for your situation. ensure you provide compelling evidence in your application. Lastly, use a lawyer who specializes in h&c application aid to fix your application if you have the financial resources to hire one. I will not advise you to attempt the application yourself
Click to expand...
Do you have lawyer recommendation?
 
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bella12

Hero Member
Jul 10, 2019
307
418
Rina1021 said:
Do you have lawyer recommendation?
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@ Rina1021 Which province do you live in?

I will advise you to use a lawyer that operates within your province. Using a lawyer that is outside of your city and/or province is very risky. It complicates the communication and working relationship between you and the lawyer. I am talking from personal experience.

My lawyer is very good in H& C. He has dealt with very complicated cases is why hired him since my case straight forward. I personally spoke with some of his previous clients' inquiries about him WITHOUT him knowing. these people have a very complicated case that made my jaw drop and somehow, they are approved for PR via H& C. that is what gave me confidence that I will get mine since my case is not complicated.

He was to be an immigration manager at the IRCC department that processes Canadian citizenship BEFORE he became a lawyer with 15 years of experience in immigration law. So, he has inside knowledge about how IRCC works. However, I would not recommend him since you might not be living in Ottawa which can create a bit of problem work with it via distance.

The only issue I had with him has a lot to do with distance and communication. Sometimes, I wish I was living in Ottawa to visit him in his office. this sometimes creates misunderstandings and friction between me and my lawyer which I did not like. That affected my working relationship with him. I wish I was physically in his office have communicated with him. It would have made life easy for me. However, I am fortunate he was able to complete my application and submitted it. It was submitted 30th of June. Now, my file has been updated to "process" 6th of Feburary.. I am currently waiting for the first stage of my application to be approved.
 
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