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

Katayoon

Champion Member
Nov 19, 2011
1,631
2,004
Job Offer........
Pre-Assessed..
Hi all, i applied H&C in 2022 by courier/mail and AOR in May. Can I update/add documents via email…. OR it has to be by same means I used when applying?
Fastest/easiest way to update is via webform. It will be forwarded to your backlog office directly.
 
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Canny007

Star Member
Nov 4, 2021
68
90
What kind of documents that we can add
Change in job, completion of study, change of address, new educational or achievement Certificate, additional supporting letters, etc. These are just few that I mentioned, personal/family situation(S) will majorly determine what you are adding.
 
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Katayoon

Champion Member
Nov 19, 2011
1,631
2,004
Job Offer........
Pre-Assessed..
Change in job, completion of study, change of address, new educational or achievement Certificate, additional supporting letters, etc. These are just few that I mentioned, personal/family situation(S) will majorly determine what you are adding.
+ Doctor's note if you are expecting child (this is a game changer if you did not have Canadian child before).
 
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tstarhash

Star Member
Jul 31, 2022
55
19
Hello Friends can someone tell me refugee fails and appeal JR now preparing for H&C.
the main concern mine is my wife and son passport is expired my passport is valid and daughter is Canadian her passport is valid.
In this circumstances if I face any CBSA letter or leave Canada may be deportation.
so how they will renew Indian passport which is expired and what will be the procedure should I follow not to leave this country.
Please guide me the process when I ask lawyers they are also not so sure about it everyone saying different answer.
 

hurricane_loop

Star Member
May 7, 2017
82
9
Hi All!
I used to be a member here, and did some posts in the past, I got my PR as H&C , and I applied for citizenship last year, I counted the days from AIP as a half day until the day before becoming as PR. and now the IRCC made an interview after I did the Citizenship test and everything well, and the officer that he is going to terminate/refuse my application as I didn't meet the requirements for physical presence counted, he said that physical counter only applies from the day of Permanent Residence day, and Approved in Principles is not counted either as Protected Person or Temporary!

So, is there any who has succeeded in the H&C and applied to citizenship counting the physical presence from the day of AIP or the day from PR? I want to challenge this decision if anybody has proof indicating AIP considered as Protected/Temporary status.

Thanks,
 

Indianna

Star Member
Aug 23, 2018
100
138
Hi All!
I used to be a member here, and did some posts in the past, I got my PR as H&C , and I applied for citizenship last year, I counted the days from AIP as a half day until the day before becoming as PR. and now the IRCC made an interview after I did the Citizenship test and everything well, and the officer that he is going to terminate/refuse my application as I didn't meet the requirements for physical presence counted, he said that physical counter only applies from the day of Permanent Residence day, and Approved in Principles is not counted either as Protected Person or Temporary!

So, is there any who has succeeded in the H&C and applied to citizenship counting the physical presence from the day of AIP or the day from PR? I want to challenge this decision if anybody has proof indicating AIP considered as Protected/Temporary status.

Thanks,
No way to challenge that I’ve never heard or seen someone one that have done that before . It’s always from the date you became pr same goes for child tax . I would say wait until you meet the requirements and reapply you're still getting the benefit as a pr .
 

hurricane_loop

Star Member
May 7, 2017
82
9
No way to challenge that I’ve never heard or seen someone one that have done that before . It’s always from the date you became pr same goes for child tax . I would say wait until you meet the requirements and reapply you're still getting the benefit as a pr .
our Child tax benefit started the day of Approved in Principles (AIP).
 

scylla

VIP Member
Jun 8, 2010
95,816
22,094
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi All!
I used to be a member here, and did some posts in the past, I got my PR as H&C , and I applied for citizenship last year, I counted the days from AIP as a half day until the day before becoming as PR. and now the IRCC made an interview after I did the Citizenship test and everything well, and the officer that he is going to terminate/refuse my application as I didn't meet the requirements for physical presence counted, he said that physical counter only applies from the day of Permanent Residence day, and Approved in Principles is not counted either as Protected Person or Temporary!

So, is there any who has succeeded in the H&C and applied to citizenship counting the physical presence from the day of AIP or the day from PR? I want to challenge this decision if anybody has proof indicating AIP considered as Protected/Temporary status.

Thanks,
AIP under H&C is definitely not protected status. This only applies to refugee applications. IRCC specifically defines this as the following for the 1/2 day citizenship rule:

A protected person is someone who:
  • was found to be in need of protection or a convention refugee by the Immigration and Refugee Board or
  • received a positive decision on a Pre-Removal Risk Assessment from Immigration, Refugees and Citizenship Canada.
If you made a refugee claim, or were included on a family member’s refugee claim, you won’t be credited time in Canada from the date of the refugee claim until you receive a positive decision confirming you are a protected person.

Temporary resident status for the same purpose is defined as the following:

A temporary resident is someone who is authorized to enter or stay in Canada as a:
  • visitor
  • student
  • worker or
  • temporary resident permit holder
I don't believe AIP is equal to any of these since AIP does not grant temporary status. However a lawyer may be able to argue differently. Not sure about that.
 
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hurricane_loop

Star Member
May 7, 2017
82
9
AIP under H&C is definitely not protected status. This only applies to refugee applications. IRCC specifically defines this as the following for the 1/2 day citizenship rule:

A protected person is someone who:
  • was found to be in need of protection or a convention refugee by the Immigration and Refugee Board or
  • received a positive decision on a Pre-Removal Risk Assessment from Immigration, Refugees and Citizenship Canada.
If you made a refugee claim, or were included on a family member’s refugee claim, you won’t be credited time in Canada from the date of the refugee claim until you receive a positive decision confirming you are a protected person.

Temporary resident status for the same purpose is defined as the following:

A temporary resident is someone who is authorized to enter or stay in Canada as a:
  • visitor
  • student
  • worker or
  • temporary resident permit holder
I don't believe AIP is equal to any of these since AIP does not grant temporary status. However a lawyer may be able to argue differently. Not sure about that.
I agree as per your notes and what stated in the cic website it doesn't count as temporary status but when AIP issued I did applied for work permit they refunded and stated that don't need any work or study permit as AIP counts as status in Canada and even the CRA issued Child Yax benefits from that day so it was the same situation, and when I talked on that time with a consultant said that AIP as its a positive stage as much as Protection stage for refugee claimants.
It's only logically arguable that they are different in terms.
Thanks
 

scylla

VIP Member
Jun 8, 2010
95,816
22,094
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I agree as per your notes and what stated in the cic website it doesn't count as temporary status but when AIP issued I did applied for work permit they refunded and stated that don't need any work or study permit as AIP counts as status in Canada and even the CRA issued Child Yax benefits from that day so it was the same situation, and when I talked on that time with a consultant said that AIP as its a positive stage as much as Protection stage for refugee claimants.
It's only logically arguable that they are different in terms.
Thanks
That is very strange about your work permit. Normally AIP is what allows you to get your work permit. I don't know what to say about that.
 
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