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

[Ayanna]

No eCOPR, still waiting since February 5.

The only reason I’m seeing the Daley could be because of this protest

 

[Ayanna]

Hey frnds. Newbie here. Circumstances and a bit of search got me here as I'm desperately trying to seek help and advice and reading the comments here really made me feel like I could get some good piece of advice here.
I came to Canada to study about 10 years ago. It took me longer than usual to finish my final program of study as I changed my college but regardless, I've always stayed under legal status and study permit at all times. In July 2019 my program completed and also my study permit expired and I got my graduation letter in August. It was a total blunder on my part to not renew my study permit before applying for PGWP which I now clearly know is a requirement. I had this wrong impression that because I'm applying for another immigration document i.e PGWP well within 180 days of graduating, it will be considered. I filed for my PGWP right after receiving the graduation letter and diploma. My PGWP was refused for the very reason that I do not have a valid study permit and I'm out of status now and should leave Canada. This decision was made in December 2019.

I then hired a professional law firm to handle my case and we re-applied for the PGWP with our side of the story and explanation in January 2020, side by side my lawyer also filed for extension of the study permit but since the 90 day grace period has passed, it also got refused and so was the PGWP for the very reason in around June or July of 2020. We then applied for the Application of Leave and Judicial review against the decision. Long story short, we got the ATIP notes of the decision and then offered a settlement offer to restore my status which was rejected by the defendant and the JR process kept on going as we requested grant for Leave and case to be heard in the court. It took all of 2020 and 2021 because of COVID delays everywhere specially the courts.

It's 2022 now and just a few days ago I was informed by my lawyer that the request to grant Leave is rejected after the judge reviewed the case and the refusal decisions made on my study permit extension and PGWP stands. This now makes me out of status. I can't even leave Canada now to apply for PGWP from outside since this tiresome process took years and the condition to apply for PGWP within 180 days is over too so I'm out of that option.

Do I have a case to apply for PR under H & C? I've been here for 10 years. I haven't left Canada in last 6 years. I had always maintained my status throughout my studies until the day I messed up by not applying for study permit before applying for PGWP. I never took any social assistance or aid. I've always been financially self sufficient. I consider Canada to be my home since I've spent most of my adulthood here and I have more friends here than I had in my country back home. Even the thought of leaving at this stage gives me goosebumps because I don't want to. I'd appreciate any input or options that you guys might have and what do you guys think my case is like if I opt to apply for PR through H & C ? Thanks folks

If I was your shoes I will try to apply for H&c the way I see it’s your last resort in the end it’s all depends on the officer and lack of your evidence and grounds and support letters job history how he gonna assess your application
I’m not gonna say like hundred percent you gonna get approved but you have a pretty good chance

 

[bella12]

you can work under table or cash but you have to report it to CRA
you can file your taxes end of the year that happened with me

even though you haven’t work you have to file your taxes if you live more than six months in Canada

Thanks for the response and advice.

I have been filing all taxes despite the fact that I have no status. As a matter of fact, I included a copy of the receipt of my ALL tax return(including 2019, 2020, 2021 tax return) in my H&C application. The tax I file is mostly from rent and some bill payments which are eligible in my province for tax filing. work is not included in my tax filing since I am not working .....My SIN number is still active despite not having status.

There is a question I will like to ask.

1) You suggested reporting any under-table job or cash to the CRA. Is it not the same as when an employer takes my tax from my paycheck and pays to the CRA through my SIN number? Or is there any difference

2) Since my SIN number is still active, would you recommend using it to work?

Your response is highly appreciated!

 

[Faithyfay]

you can work under table or cash but you have to report it to CRA
you can file your taxes end of the year that happened with me

even though you haven’t work you have to file your taxes if you live more than six months in Canada

Ayanna you just said something about filling taxes even out of status

 

[Faithyfay]

Ayanna you just said something about filling taxes even out of status

That’s new to my ears

 

[Faithyfay]

The only reason I’m seeing the Daley could be because of this protest

Yeah you maybe right

 

[kri19631]

Hello everyone, I got a letter stating that my H&C application for PR has been approved and I will be called for an interview
Thanks this forum helping so much my application questions.
Are there any suggestions/precautions to take into consideration before attending interview with the family?
Many thanks to all

 

[bella12]

Hello everyone, I got a letter stating that my H&C application for PR has been approved and I will be called for an interview
Thanks this forum helping so much my application questions.
Are there any suggestions/precautions to take into consideration before attending interview with the family?
Many thanks to all

Congrats to you!... Ayanna would be in the best position to answer your question.

 

[bella12]

That’s new to my ears

Yes, you need to file all taxes even if you are out of status for all the years you have been in Canada. You also have to include receipts of all tax returns in your H&C application. From my understanding, It shows an IRCC officer that you have contributed to Canadian society. This helps to add weight to your h&c argument. An officer would put it into consideration before he/she makes a decision on an h&c application.

However, I am not 100% sure it is mandatory to submit copies of all tax returns. But is recommended!

 

[daughter]

Hello everyone, I got a letter stating that my H&C application for PR has been approved and I will be called for an interview
Thanks this forum helping so much my application questions.
Are there any suggestions/precautions to take into consideration before attending interview with the family?
Many thanks to all

Congratulations to you, Dear God do it for me and the rest in this group .Amen

 

[MANU07]

Hello everyone, I got a letter stating that my H&C application for PR has been approved and I will be called for an interview
Thanks this forum helping so much my application questions.
Are there any suggestions/precautions to take into consideration before attending interview with the family?
Many thanks to all

congratulations

 

[Faithyfay]

Yes, you need to file all taxes even if you are out of status for all the years you have been in Canada. You also have to include receipts of all tax returns in your H&C application. From my understanding, It shows an IRCC officer that you have contributed to Canadian society. This helps to add weight to your h&c argument. An officer would put it into consideration before he/she makes a decision on an h&c application.

However, I am not 100% sure it is mandatory to submit copies of all tax returns. But is recommended!

Okay thanks for your answer

 

[wello711]

Hello everyone, I got a letter stating that my H&C application for PR has been approved and I will be called for an interview
Thanks this forum helping so much my application questions.
Are there any suggestions/precautions to take into consideration before attending interview with the family?
Many thanks to all

Congratulations ! can you share your timeline please ?
I also sent my application may 2021.
May 27

 

[wello711]

Your response is very misleading. It is most likely you did NOT understand my question at all. Besides, you do not have FACTS about my immigration history at your disposal. Based on your response, it is evident you are banking on FALSE assumptions about what YOU think you know about my case.

By the way, I have NO issue with CBSA. I am dealing directly with IRCC.. My case has NO reason for CBSA to be involved. If it does, trust me, IRCC will have contacted CBSA to get in touch with me. As a matter of fact, the IRCC officer that is working on my application was in touch with me middle of last month(January 2022). We had a friendly conversation because she understand the sensitive nature of my circumstance. So, I don't know what the hell you talking about.

Regarding your assumption about WP, It is completely FALSE!.... Here is the fact: I personally did NOT apply for WP because I do not have the time to do the application. Since my h&c application is already in PROCESS, I did not feel pressure or the need to apply for it . By default, I am eligible for a WP. I have all the required documentation ( most importantly AOR and Job offer letter).

Here is my advice, if you have very limited information about someone's case or you do not understand the question they ask in the forum, you are better off not responding than giving a misleading opinion/ advice.

Bravo !

 

[canuck78]

Hello everyone, I got a letter stating that my H&C application for PR has been approved and I will be called for an interview
Thanks this forum helping so much my application questions.
Are there any suggestions/precautions to take into consideration before attending interview with the family?
Many thanks to all

Had you already received AIP? I don’t see any mention of receiving AIP which should come first.