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

wello711

Champion Member
Feb 11, 2021
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Canada
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My family applied for open work and study permit with H&C AIP and it took 6 weeks
May i know if you can have a study permit with an open work permit at the same time ?
can you work full time jobs with these work permit if you have also a study permit or just 20hours in the week until you get officially your PR ?
 
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Swagzzy

Hero Member
Jan 28, 2020
391
503
Hi there
You need to wait for your refugee outcome since your from safe country most likely your application will be refused you know that already after you have to wait 12 months bar or if you have kids present in Canada with you then you get exemption
If you refugee refuse you have to appeals it otherwise cbsa will be top your Ass the make sure leave the country
Whoever give you Advice it’s not good advice
All I’m saying if you have children you maybe chance otherwise H&c is not for you
Hi Ayanna, please can you clarify? The exception with children is not necessarily that the children are in Canada. As long as you have children under 18 years and are covered in your claim. This is my counsel’s interpretation but I am asking a second opinion as I am putting together a H&C application.
Thanks.
 

SweetQueen

Hero Member
Nov 12, 2020
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Hi Ayanna, please can you clarify? The exception with children is not necessarily that the children are in Canada. As long as you have children under 18 years and are covered in your claim. This is my counsel’s interpretation but I am asking a second opinion as I am putting together a H&C application.
Thanks.
If I understand correctly, the children will have to be present in Canada. I wish you all the best
 
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LAStudent

Full Member
Oct 2, 2021
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31
May i know if you can have a study permit with an open work permit at the same time ?
can you work full time jobs with these work permit if you have also a study permit or just 20hours in the week until you get officially your PR ?
Asa student you are only allowed to work 20 hours a week during school time. You can have a study permit and work, if you apply for one.
 
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Swagzzy

Hero Member
Jan 28, 2020
391
503
If I understand correctly, the children will have to be present in Canada. I wish you all the best
A child under 18 is either the applicant or a dependent of the applicant: The exception applies in cases in which the applicant is a child under 18 years of age or if the applicant is the parent or legal guardian of a child under 18 (either a Canadian citizen or foreign national in Canada or abroad). If that is the case, you will complete a full global assessment of the H&C application. The final decision must take into account all factors, including a detailed assessment of best interests of the child. Thanks Ayanna. The illustrations on IRCC portal clearly stated that the child could be in Canada or abroad but must be under 18 years of age. My counsel confirm same.
 

Lexus2021

Hero Member
Sep 7, 2021
288
495
Waiting for Pr card
1. @Jaxico sept 24 ( COPR )
2. @Blac Kelly.. sept 24 ( COPR )
3. @Katayoon September 27 ( COPR )
4. @ana278806 oct 14 ( COPR)
5. @Lila123 Aip July 14 ( oct 21 Copr )


Waiting for copr


6. @Lexus2021 Aip on June 29 ( final review )
7. @canada_live22 Aip on June 30 ( final review)

Waiting for final review

8. @Rose2021 Aip feb 11 ( in process )
9. @BrazaRec Feb 11 Aip ( in process )
10. @Juneplum aip June ( in process)
11. @PouyaP Aip sep ( in process )
12. @LAStudent aip May ( in process )
13. @David323 Aip ( in process)

CSQ complete or waiting

14. @fiveoplus = AIP April ( csq complete )
15. @Latin40 June aip wait ( csq )
16. @Patt garcia Aip august 9th ( in process )
17. @SweetQueen aip ( csq complete )


The longest wait members experience n patient person

18. @Carlos chuks December 2020 Aip ( In process )

Don’t know about he/she
19 @terrya aip October ( ? )
Any updates please share even if you don’t

also pray for the guys are waiting for Aip Monday and Tuesday Aip day
 

SweetQueen

Hero Member
Nov 12, 2020
581
1,165
A child under 18 is either the applicant or a dependent of the applicant: The exception applies in cases in which the applicant is a child under 18 years of age or if the applicant is the parent or legal guardian of a child under 18 (either a Canadian citizen or foreign national in Canada or abroad). If that is the case, you will complete a full global assessment of the H&C application. The final decision must take into account all factors, including a detailed assessment of best interests of the child. Thanks Ayanna. The illustrations on IRCC portal clearly stated that the child could be in Canada or abroad but must be under 18 years of age. My counsel confirm same.
Kindly remember that H&C arguments are made on the the grounds IF REMOVED FROM CANADA

I saw this information online


Factor 3: Best Interests of a Child
The officer must take into consideration the best interests of any child that can be affected by your removal from Canada. This can mean emotional wellbeing, physical and health safety, social and cultural wellbeing and development

The child can be:

  • Your child
  • Your grandchildren or other children in your family you are close to
  • Any children you have a close relationship with
Examples affecting the best interest of a child:

  • Child’s age
  • Closeness of the relationship between you and the child
  • Child’s establishment in Canada
  • Weak link between child and country of origin
  • Conditions in the country of origin that could impact the child. ————————Please take note of the factor in Bold italic
 

Swagzzy

Hero Member
Jan 28, 2020
391
503
Kindly remember that H&C arguments are made on the the grounds IF REMOVED FROM CANADA

I saw this information online


Factor 3: Best Interests of a Child
The officer must take into consideration the best interests of any child that can be affected by your removal from Canada. This can mean emotional wellbeing, physical and health safety, social and cultural wellbeing and development

The child can be:

  • Your child
  • Your grandchildren or other children in your family you are close to
  • Any children you have a close relationship with
Examples affecting the best interest of a child:

  • Child’s age
  • Closeness of the relationship between you and the child
  • Child’s establishment in Canada
  • Weak link between child and country of origin
  • Conditions in the country of origin that could impact the child. ————————Please take note of the factor in Bold italic
Thanks for your contribution. This is one of the reasons why I love this forum. We share lots of information and enlighten ourselves. Having said that, the lawyers have clearer interpretation. My counsel just reiterated that the just does NOT have to be in Canada as long as he/she is your child and under 18 years of age.
He added that there is no ambiguity in it and that he had filed many applications like that.
I hope this information will be useful to someone in my shoes.
Thanks and Regards.
 
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