H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
And I found this;
A successful H&C applicant becomes a permanent resident. Unlike a protected person, they do not risk losing their permanent resident status only because they travel to or get a passport from their country of nationality.
see https://www.cleo.on.ca/en/publications/hcref/what-are-some-other-differences-between-hc-application-and-refugee-claim
but this is for H&C who are only on that case firstly, but what the lawyer was saying, there is worry about people who came Canada under Refugee escaping from country, and whatever their UCI is then the Officers from CBSA counting this as a fraud person and came Canada under lie case so whatever he changed the category of his residency grounds still need to be in Canada and not back from what he came claiming fear from their.
A successful H&C applicant becomes a permanent resident. Unlike a protected person, they do not risk losing their permanent resident status only because they travel to or get a passport from their country of nationality.
see https://www.cleo.on.ca/en/publications/hcref/what-are-some-other-differences-between-hc-application-and-refugee-claim
but this is for H&C who are only on that case firstly, but what the lawyer was saying, there is worry about people who came Canada under Refugee escaping from country, and whatever their UCI is then the Officers from CBSA counting this as a fraud person and came Canada under lie case so whatever he changed the category of his residency grounds still need to be in Canada and not back from what he came claiming fear from their.
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Hello hurricane, in order to be able to remove your permanent residence status the CBSA would have to prove the misrepresentation of a material fact that caused you to get your PR status, and your landing under H&C would have to be the source of the facts that would be considered material to you receiving the PR status, if you follow me.
For example, if I do lie during my refugee claim and it is refused, but I am completely honest in the H&C and I am approved, and then become a landed immigrant, therefore the refugee claim is meaningless history. The CBSA Officer can think until his eyes turn to diamonds but you've contravened nothing in the immigration laws that can negatively effect your PR status.
If your PR status was legally challenged then there would be adjudication and the right of appeal but you shouldn't face such a thing based upon the little information we've shared here. Check again with your lawyer and the information you've found and perhaps reconsider the trip if it is going to be so stressful.
Also, this is simply research that you are doing on your own here, and advice on here shouldn't be given greater weight than the advice that you receive from a trusted lawyer working on your behalf.
Take it easy
Here is something interesting folks:
Exemptions
Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.
In order to be considered for an exemption from the usual requirements of IRPA, you must:
Did you note that word, "EXCEPTIONAL"? Let that be your guide.
Exemptions
Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.
In order to be considered for an exemption from the usual requirements of IRPA, you must:
- clearly indicate in your application the specific exemption(s) you are requesting.
- provide all details related to your request including the reasons why you believe an exemption(s) should be granted on H&C grounds.
- demonstrate that there are sufficient and compelling reasons for you to be granted an exemption allowing you to apply for permanent residence from within Canada.
Did you note that word, "EXCEPTIONAL"? Let that be your guide.
Thanks, the statistics would help define just how exceptional the circumstances have to be and they've floated around 40 percent for stage 1 approvals over the years, so people shouldn't feel immediately defeated. The factors that they consider can have broad applications for individuals because decisions are cumulative - based upon the entire application and the evidence that you have to provide.
Still, there are around 6 of 10 being refused if you're a glass half-empty sort of person.
They don't stop removals and they can take a long time to get your stage one decision, but if you have children, for example, your circumstances may warrant a positive decision - hence the exception to the rule prohibiting an application within a year of a negative refugee claim.
You need a lawyer IMO to fully articulate the application, Best Interests of the Children (BIOC) aren't simple to state for your average person, and counsel can tell you what else to gather to support your application.
Just a note that I'm not planning to look for the link with the statistics but someone else can if they look through the H&C threads I've been on, and be prepared to weed through the spreadsheet.
Positive H&C decisions are not hens' teeth so let your lawyer be your guide rather than a generalized blurb on their website.
Merry Christmas, and the all the very best luck in the New Year
The link I wasn't going to look for is hopefully here https://www.canadavisa.com/canada-immigration-discussion-board/threads/negative-refugee-hearing.589256/page-2#post-7300674
Hi BornLucky! I think what you say is reasonable, and It's what I believe. My Refugee was based on true story, as well as my humanitarian, and I believe with what you saying, and I'm considering this reply as positive, and will consider my H&C decision as a base that I can and I'm able to visit home country whatever the risks are since I'm doing that legally in terms.
his question is for all, i called CIC and the said my status right now is that they are doing a background check. But i was only given a medical request which i passed and i was never given a police request. my question is How can they be doing a background check with no police certificates? is it possible ??the lady doesnt know when they background check started
it is been while, we did not hear from you. you got your PR???
i want to ask you few questions about your H&C.
i applied too, last year july 2018.
Still waiting my medical expiring next month but hopefully it should be done b4 thats what my cic officer said
Hi ARButt.
I applied at same time as you did too. July 11 they received my application and sent me an email of confirmation on July 17. My file has an assigned number. My lawyer said it’s kinda quick. Still hearing nothing from IRCC since.
I received an email this morning that my file has been finalized and was approved and was send to Etobicoke for the landing interview a date was not given but a deadline was they say that the interview will b bfore the 20 of feb which is the date my medical is going to expire