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

[grahs1994]

2015 - lost PR due to misrepresentation
2019 - lost federal court appeal
April 2019 - applied HC
July 2019 - applied PRRA to delay deportation
July 2020 - refused HC and PRRA
October 2020 - 2nd HC submitted
February 2021 - 2nd HC refused
April 16, 2021 - 3rd HC submitted
May 2021 - almost got deported but CBSA granted administrative deferral
May 5th, 2021 - AOR
May 7th, 2021 - Biometrics request
May 10th, 2021 - Biometrics done
May 18th, 2021 - AIP and request for police certificate, right of PR fee and financial docs
May 21st, 2021 - all requested documents provided to BRO
May 27th, 2021 - medicals requested for him and all non-accompanying kids abroad
June 4th, 2021 - medicals completed

Wow...a rough road. May God continue to bless and favor your partner.

 

[Katayoon]

Wow...a rough road. May God continue to bless and favor your partner.

Thank you my friend - keep faith and keep fighting.

 

[RaiSaab108]

Means file is in process. It said the same for us before AIP and after AIP as well. It will stay like this until final decision is made on your file.

Thank you @Katayoon

 

[Ayanna]

my partner got AIP almost month ago but it says the same "we are reviewing eligibility". This message simply means that the file is in process.Impossible to tell whether 1st stage is passed or no.

The telephone operating system is very slow usually updates takes months or stay like that forever

 

[canuck78]

I lost my judicial review, coz the lawyer I was using then , did not submit any evidence or arguments for RAD to consider. She charged me $9,500 for nothing. It was clear written on my refusal letter. Lesson to learn , make sure you read and verify all the documents and evidence your lawyer is submitting, before you put your signature on any form. It will save you a lot of trouble.

JR has to prove there was an error made in the previous ruling so more evidence is not usually a factor.

 

[RaiSaab108]

We have got Aip, as many of you know. Our visitor visa is expiring in August. Do you guys think that we need to renew the visitor visa ? Any Insights or opinions please ?

Thanks

 

[Saraaaa]

We have got Aip, as many of you know. Our visitor visa is expiring in August. Do you guys think that we need to renew the visitor visa ? Any Insights or opinions please ?

Thanks

I’m like you, but after AIP , I applied for work permit

 

[Ayanna]

We have got Aip, as many of you know. Our visitor visa is expiring in August. Do you guys think that we need to renew the visitor visa ? Any Insights or opinions please ?

Thanks

@Saraaaa like her you need apply for work permit it gave you Temporary residence status

 

[Carlos chuks]

Yes... mines say we are reviewing your eligibility but i have no received AIP as yet. And it says they doing background checks

Pls which number can I use to call immigration automated phone?

 

[Katayoon]

Pls which number can I use to call immigration automated phone?

1 (888) 242-2100

 

[tony4454]

@Saraaaa Can u pls check your inbox. u sent u message

 

[Teddy2020]

I’m like you, but after AIP , I applied for work permit

Hey @Saraaaa I sent you a message

 

[canuck78]

Our experience between 2014 and 2021 with lawyers has been very negative too. First three lawyers were incompetent - they told my partner misrepresentation is no big deal and he can never lose PR because of that. Nobody bothered preparing for appeals and he lost everything.

4th lawyer made tons of mistakes in the HC application. Even put Quebec as province though we are in Ontario. File went to Montreal to the same people that revoked his PR and he lost again.

5th lawyer was more competent but when we found out in GCMS notes he got refused HC again, she said "don't even dare contact IRCC. Wait for refusal letter". And you know how long it took us to get refusal letter? 1 year! So by the time he got refusal letter, she said we can no longer appeal because it has been more than 15 days...If she did not forbid me from calling IRCC, we would have had the letter earlier and appealed.

Then I asked - can we apply for HC again? She said no, it's pointless, and I should stop calling IRCC completely!

We sat down, cancelled all of those genius lawyers, then we wrote a new HC (third one!) application ourselves and guess what? 1 month later we got AIP. And my 7-page cover letter was of critical importance. I wrote there "our previous HC has been refused because of A B C D. Here is new evidence for A B C D". And they had nothing more to say because I responded to all arguments of the previous officer that refused that file.

Don't underestimate the importance of cover letters and personal statements. How it looks on paper is one thing, but how it really happened is another thing. We have to convince those people.

To be fair your situation also changed. You could have sponsored him again around the time of your 2nd H&C which likely influenced the case.

 

[canuck78]

Can i ask if i owe Social Assistance but not currently on there system. Does that affects my application?

You should have a repayment plan in place and proof that you are paying monthly to clear the debt.

 

[canuck78]

lol you nailed it - taking care of a child (let alone many of them!) full time is the hardest job I have ever done!!!

my partner was on a 35-week parental leave when we applied and he got AIP. This was our main HC factor (he is primary caregiver of our Canadian son so it even broke CBSA's hearts to see a tiny baby watching his dad about to get deported).

Not disagreeing that a SAH mother is not a tough job. Parental leave would be viewed differently as a SAH mother. If your spouse is working and supporting the family then it isn’t a big deal. If both spouses are not working and you are a SAH mother that is a different situation. The goal is to show that you will be able to support yourselves longterm without government help so it is best to have at least one parent working full-time. With parental leave you still have a job to return to and are receiving payment plus your partner may also be earning an income.