Judicial review (hearing) - Query

[canuck78]

No, I’m not receiving any care or treatment for my mental health and moreover Government didn’t pay for my Therapy - I’m thinking going for a real medical care with my money myself

You saw a therapist that is considered receiving medical care. If you are not receiving longterm care not sure how any therapist can determine you have mental health issue based on memory issues. Asylum claimants have more coverage for mental healthcare than anyone else in Canada unless they have private insurance. Everyone should seek any form of non-insurable treatment if they can afford to do so whether therapy or things like physiotherapy. Just pointing out that this does not guarantee H&C.

 

[destinyAwoniyi]

You saw a therapist that is considered receiving medical care. Asylum claimants have more coverage for mental healthcare than anyone else in Canada unless they have private insurance.

I started seeing my Therapy after my first hearing was denied and my Therapist told me they’re not gonna get paid for appeal but only for the first hearing that was rejected - all my hope now is on Federal review - I pray God is on my Side

 

[canuck78]

But what can I do, I’ve been living with my partner for over a year now, he’s also a refugee claimant but waiting for his hearing date - I have another relationship outside with another partner (Trans) that has a PR - I don’t know what to do

If you have been living with a partner in a common law relationship for over a year you both must inform IRCC and all other government agencies. Canada does not recognize more than one marriage like relationship at a time. This is a relationship issue not an immigration issue. Not sure how being trans is a factor.

 

[canuck78]

I started seeing my Therapy after my first hearing was denied and my Therapist told me they’re not gonna get paid for appeal but only for the first hearing that was rejected - all my hope now is on Federal review - I pray God is on my Side

JR does not determine whether you have grounds for asylum but whether an error was made in assessing your previous application. Unless you have private insurance everyone else in Canada has to pay for a psychologist or social worker as well. Some do have private insurance to cover some of the cost. I have literally bought my physiotherapist a new car based on how much I have paid him over the years. Although painful this would not be possible for many so I am lucky. Many think that mental health issues guarantee H&C but I want to clarify that it doesn’t guarantee H&C. Like any H&C application it is based on the specific situation.

 

[destinyAwoniyi]

JR does not determine whether you have grounds for asylum but whether an error was made in assessing your previous application. Unless you have private insurance everyone else in Canada has to pay for a psychologist or social worker as well. Some do have private insurance to cover some of the cost. I have literally bought my physiotherapist a new car based on how much I have paid him over the years. Although painful this would not be possible for many so I am lucky. Many think that mental health issues guarantee H&C but I want to clarify that it doesn’t guarantee H&C. Like any H&C application it is based on the specific situation.

so what did you think i can do? I have no clue anymore

 

[destinyAwoniyi]

The only option Im have right now is if my partner has a hearing date and gets his claim accepted.

 

[canuck78]

so what did you think i can do? I have no clue anymore

You have to wait and see what happens but many will have no pathway to remain in Canada so you should always have a plan B.

 

[destinyAwoniyi]

You have to wait and see what happens but many will have no pathway to remain in Canada so you should always have a plan B.

Plan B, like going back to the country I ran away from right?

 

[canuck78]

The only option Im have right now is if my partner has a hearing date and gets his claim accepted.

Which is why once you are common law and have lived together for one continuous year he must inform IRB/lawyer and update his application to add you as a dependent. You must also both inform all provincial agencies (if you receive any form of government assistance for example) and CRA once you hit the one year mark that you are common law. You should also be gathering proof that you have lived together for 1 continuous year.

 

[canuck78]

Plan B, like going back to the country I ran away from right?

Any plan B but if H&C gets denied or is not possible you likely have very few options in Canada. You still have a few options but Canada is trying to reduce the volume of PRs so it will get much harder to secure PR via things like H&C. There is a lot of false information telling people there are ways to 100% secure PR. IRCC used to be much more lenient and it was much easier to get PR which is no longer the case.

 

[destinyAwoniyi]

Which is why once you are common law and have lived together for one continuous year he must inform IRB/lawyer and update his application to add you as a dependent. You must also both inform all provincial agencies (if you receive any form of government assistance for example) and CRA once you hit the one year mark that you are common law. You should also be gathering proof that you have lived together for 1 continuous year.

we both hit 1year plus 1month this year

 

[canuck78]

we both hit 1year plus 1month this year

Then you should have already both updated IRB, CRA, any provincial agency, etc. that you are common law. You should also be gathering proof that you are common law like shared lease, bills from same address starting from beginning of common law period, photos/messages starting from the beginning of the common law period, add each other to insurance policies/employment information as dependents, etc.

 

[destinyAwoniyi]

Then you should have already both updated IRB, CRA, any provincial agency, etc. that you are common law. You should also be gathering proof that you are common law like shared lease, bills from same address starting from beginning of common law period, photos/messages starting from the beginning of the common law period, add each other to insurance policies/employment information as dependents, etc.

so the commonly law would save me right?

 

[canuck78]

so the commonly law would save me right?

If your partner gets their claim accepted and you remain common law or get married there is a pathway to get PR but that will take years.