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

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LeeH&C

Newbie
Sep 27, 2021
6
0
canuck78 said:
Does he have a TRV?
1. You apply for H&C and then wait to see if you get Approval in principle. Then you would need to wait to see if he gets full approval. One of the things that will be important is to show that you have the extra funds to support his lifestyle and care. If he will apply for disability or welfare right away that can count against his application. Have a plan for who will care for him if you get sick or too ill to care for him yourself. Will he have a set of funds available to care for himself if you pass.
2. He can try to extend his stay but no guarantees. H&C does not entitle you to stay in Canada although most are able to postpone removals until they receive their approval/refusal
3. You will need to pay out of pocket for all his routine care and medications. He can bring a 3 month supply with him. Would take out emergency health insurance to hopefully cover an emergency but it may not be covered if it is related to a preexisting condition.
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Thank you kindly canuck78 for your helpful advice. This is a very tough form of application and high rejection. Do you find our case compelling? He is subjected to abuse(even my sister-inlaw would frequently yelled at him for no just reason) and exploited by her children who sell him stuff like medication and forced him to buy life insurance where they are the benitfiary for the little money he get from the government( CAD $90/month) and from work $200. He is treated badly. His only respond in fear and anxiety. I feel sad my brother is unwelcome and treated in such manner. I have limited funds I know getting lawyer for this type case is costly and difficult to estimate the eventual cost. But I will do what I have to if there is no choice.
My son and wife consent to back me up if I am not able to take care of him.
 
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canuck78

VIP Member
Jun 18, 2017
55,431
13,460
LeeH&C said:
Thank you kindly canuck78 for your helpful advice. This is a very tough form of application and high rejection. Do you find our case compelling? He is subjected to abuse(even my sister-inlaw would frequently yelled at him for no just reason) and exploited by her children who sell him stuff like medication and forced him to buy life insurance where they are the benitfiary for the little money he get from the government( CAD $90/month) and from work $200. He is treated badly. His only respond in fear and anxiety. I feel sad my brother is unwelcome and treated in such manner. I have limited funds I know getting lawyer for this type case is costly and difficult to estimate the eventual cost. But I will do what I have to if there is no choice.
My son and wife consent to back me up if I am not able to take care of him.
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Would suggest paying for a caretaker and rent him a small home. That is the least expensive option for you. If you don’t have the extra funds to support him and he has no savings it becomes a much harder case because he will likely claim disability or welfare as soon as approved if approved. What will happen in retirement if you have limited funds? Do you have a pension? Surviving on the government pension is not a lot of money so H&C will essentially lead to 3 low income seniors who are struggling financially. If you only have one child taking care of an uncle plus your 2 parents creates a huge burden for only one person to be responsible for. All you can do is try but unfortunately if he gets denied he may have difficulty ever visiting again.
 
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Bornlucky

Hero Member
May 15, 2018
686
530
LeeH&C said:
Thank you kindly canuck78 for your helpful advice. This is a very tough form of application and high rejection. Do you find our case compelling? He is subjected to abuse(even my sister-inlaw would frequently yelled at him for no just reason) and exploited by her children who sell him stuff like medication and forced him to buy life insurance where they are the benitfiary for the little money he get from the government( CAD $90/month) and from work $200. He is treated badly. His only respond in fear and anxiety. I feel sad my brother is unwelcome and treated in such manner. I have limited funds I know getting lawyer for this type case is costly and difficult to estimate the eventual cost. But I will do what I have to if there is no choice.
My son and wife consent to back me up if I am not able to take care of him.
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Hi there - please engage competent counsel - a lawyer who specializes in immigration law. I have empathy for your situation and some knowledge of Canada's immigration workings and he sounds like he could possibly meet this criterion: "Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion..."

Being a member of a particular social group has a generally accepted definition - "a group sharing a common characteristic that is so fundamental to their individual identities that the members cannot—or should not be expected to—change it."

Having a disability would fall into such a definition and the personal details that surround his application would be vital for success. Only a practising legal professional would know how to best collect and present evidence to support such a claim.

I don't, can't and won't make predictions regarding success - but I do wish you the best of luck for doing what you are justly trying to accomplish.
 
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L

LeeH&C

Newbie
Sep 27, 2021
6
0
LeeH&C said:
Thank you kindly canuck78 for your helpful advice. This is a very tough form of application and high rejection. Do you find our case compelling? He is subjected to abuse(even my sister-inlaw would frequently yelled at him for no just reason) and exploited by her children who sell him stuff like medication and forced him to buy life insurance where they are the benitfiary for the little money he get from the government( CAD $90/month) and from work $200. He is treated badly. His only respond in fear and anxiety. I feel sad my brother is unwelcome and treated in such manner. I have limited funds I know getting lawyer for this type case is costly and difficult to estimate the eventual cost. But I will do what I have to if there is no choice.
My son and wife consent to back me up if I am not able to take care of him.
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No. We have not yet apply for him to visit Canada.
 
L

LeeH&C

Newbie
Sep 27, 2021
6
0
canuck78 said:
Would suggest paying for a caretaker and rent him a small home. That is the least expensive option for you. If you don’t have the extra funds to support him and he has no savings it becomes a much harder case because he will likely claim disability or welfare as soon as approved if approved. What will happen in retirement if you have limited funds? Do you have a pension? Surviving on the government pension is not a lot of money so H&C will essentially lead to 3 low income seniors who are struggling financially. If you only have one child taking care of an uncle plus your 2 parents creates a huge burden for only one person to be responsible for. All you can do is try but unfortunately if he gets denied he may have difficulty ever visiting again.
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We will stay with him. Is there a need for him to stay alone? We do have some saving and a property payoff which should take care of retirement. We run a pizza place and employ him to do the back of house work if allowed. He is having learning issues and simple repetiive work like cleaning and even dough making is fine. Hopewfully, we can help him to be more independent through love and caring. As of now he do not need any services for his disability although he has diabetes and blood pressure issiue. Am so touched by all your concern.Thank you
 
L

LeeH&C

Newbie
Sep 27, 2021
6
0
Bornlucky said:
Hi there - please engage competent counsel - a lawyer who specializes in immigration law. I have empathy for your situation and some knowledge of Canada's immigration workings and he sounds like he could possibly meet this criterion: "Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion..."

Being a member of a particular social group has a generally accepted definition - "a group sharing a common characteristic that is so fundamental to their individual identities that the members cannot—or should not be expected to—change it."

Having a disability would fall into such a definition and the personal details that surround his application would be vital for success. Only a practising legal professional would know how to best collect and present evidence to support such a claim.

I don't, can't and won't make predictions regarding success - but I do wish you the best of luck for doing what you are justly trying to accomplish.
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Thank you for sharing your thought.Do you have any referral in mind?
 
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Bornlucky

Hero Member
May 15, 2018
686
530
LeeH&C said:
Thank you for sharing your thought.Do you have any referral in mind?
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Hi - I don't, but you can contact the Canadian Bar Association - they have distinct sub-groups for differing legal areas of interest. You can also search on-line using various terms and come up with counsel who are quoted as experts by credible media sources. I typed in "Canada immigration lawyer says," and lots of recognizable names (to me) appeared.

I would just comment that consultants aren't lawyers so there are limitations when it comes to them accessing the courts and you seeking any redress should they do a lousy job. If I was engaging a representative I would bite the bullet and pay for the representation and the reputation.

Good luck
 
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