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

AnonyKaty

Star Member
Jan 6, 2021
164
141
Congratulations @AnonyKaty ! I can only add to what you've already said- the waiting period is not easy on an applicant and his entire family, as was in our case. We submitted the application for an elderly family member with an extremely rare and hard situation in August 2018. Our file went in process on July 2020, which 23 months after. Luckily, we got approved at the end, but we are still healing the wounds (mostly mental) from this distressful waiting process. And, yes, people on this forum helped me to live through this very tough period, although almost everyone else except us had a completely different situation. Thank you all for that and good luck to all of you who are still waiting.
Irochka, I absolutely understand what you mean. The waiting process is hard on the mental and healing from the side effects of that waiting period is what I'll be working on for the next few years. That said, I know it is so much nicer to be working through the emotional upheaval now that I have the PR (I'm sure your family feels the same way).

I didn't know anyone in my circle of acquaintances, friends or family who had gone through this process. Anyways, for anyone out there still waiting for the AIP (the part before Stage 1 is the hardest in my opinion), please know that there are people who have also been going through this and it is normal to feel a range of emotions. You will get through this by God's Grace. This too will pass. In the mean time, I send love!
 

Ayanna

VIP Member
Oct 4, 2020
3,019
6,925
Irochka, I absolutely understand what you mean. The waiting process is hard on the mental and healing from the side effects of that waiting period is what I'll be working on for the next few years. That said, I know it is so much nicer to be working through the emotional upheaval now that I have the PR (I'm sure your family feels the same way).

I didn't know anyone in my circle of acquaintances, friends or family who had gone through this process. Anyways, for anyone out there still waiting for the AIP (the part before Stage 1 is the hardest in my opinion), please know that there are people who have also been going through this and it is normal to feel a range of emotions. You will get through this by God's Grace. This too will pass. In the mean time, I send love!
Hi @AnonyKaty first all congrats and thanks to be here and share with your Journey I would like to see a lot of silent watchers share their Experience Because we are here for each other try to help there’s not too many people in our shoe sometimes I get really stressful anxiety anxious emotional then I came here to help others and help myself
my partners argue a lot with me why I’m spending a lot time this form but you know it help me and others especially ppl like me it’s easy to man but it’s hard for a woman with two children
I have some Resources and I know good people around defeat me the information I share here with guys
Sorry for long comment
 

Fréijoer Léiw

Star Member
Nov 2, 2020
83
54
Why after 2 years?
hi, because a person who resides in canada with temporary status for 2 years or more during the last 5 years can apply for citizenship after 2 years of residence with the PR status.
I'm not sure if @AnonyKaty has resided for 2 years with a temporary status for the last 5 years but I thought about that because apparently he spent a lot of time as a temporary resident (student and worker)
 

Me2020

Hero Member
Oct 15, 2020
722
585
hi, because a person who resides in canada with temporary status for 2 years or more during the last 5 years can apply for citizenship after 2 years of residence with the PR status.
I'm not sure if @AnonyKaty has resided for 2 years with a temporary status for the last 5 years but I thought about that because apparently he spent a lot of time as a temporary resident (student and worker)
Got it
Thanks
 

Me2020

Hero Member
Oct 15, 2020
722
585
I agree with @Fréijoer Léiw but when a foreignw resides in Canada as an assylum seeker he will not accumulate days in the calculation of citizenship just when he receives approval ( protection ) in this case, he will have the same calculation of temporary residents because he has protection
Yes, I understand but what about H&C?
Any day will be calculated after AIP?
 

Mhy0811

Star Member
Oct 27, 2018
192
150
Hello Messiboi, first of all happy new year and be positive. We are on same page, Like everyone suggesting get a good laywer who had experience particularly in H&C cases , had success in past with their other H&C clients. These people are just sharing their expertise as they are here from long time and they will be happy to help with you any doubts you have but You need to get a Good immigration consultant and beware dont get ripped off by them!
Hi Tony, did you recieved your AOR?
 

AnonyKaty

Star Member
Jan 6, 2021
164
141
hi, because a person who resides in canada with temporary status for 2 years or more during the last 5 years can apply for citizenship after 2 years of residence with the PR status.
I'm not sure if @AnonyKaty has resided for 2 years with a temporary status for the last 5 years but I thought about that because apparently he spent a lot of time as a temporary resident (student and worker)
Hi! From what I have seen when someone maintains physical presence and does so with documentation (in my case, I had valid temporary residence status), that is counted as half a day towards the residency requirement. Anyways, this is in 2 more years. But I hope that it will be fine. Right now, I am choosing not to stress about it.

So I don't think it was wrong of you to assume the two years. I am doing the same :D
 
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AnonyKaty

Star Member
Jan 6, 2021
164
141
I agree with @Fréijoer Léiw but when a foreignw resides in Canada as an assylum seeker he will not accumulate days in the calculation of citizenship just when he receives approval ( protection ) in this case, he will have the same calculation of temporary residents because he has protection
So I looked into it because my understanding was similar to @Fréijoer Léiw 's. Since I have been here since 2009, with valid documented, temporary resident status, and (as I mentioned in my first post), I never applied for refugee status, my residency requirement should only be an additional 2 years now. (I get 0.5 days per 1 day of being a temporary resident in the country in the last 5 years-- which can be added up to one year discounted of the required 3 years of residency.)

However, if someone applied for refugee status, they cannot have the time prior to being a protected person counted towards their citizenship.

The stakes are only 1 year + the whole processing time for citizenship is one year anyways.

I'm copying below the information :

Calculating physical presence for applications received on or after October 11, 2017
For applications received on or after October 11, 2017, under paragraph 5(1)(c)(i) of the Act, the applicant must have accumulated at least 1095 days of physical presence in Canada within the five years immediately preceding the date the applicant signed the application.
  • The calculation of physical presence cannot go beyond the five-year period before the date of application.
  • Each day of physical presence in Canada as a permanent resident counts as one day.
  • Each day of physical presence in Canada as an authorized temporary resident or protected person before becoming a permanent resident, counts as one half day, with a maximum of 365 days credit towards physical presence.
  • February 29 (leap day) is counted in either presence or absence.
  • Absences will be calculated only for days where an applicant spent no time at all in Canada. Dates where an applicant left Canada, or returned to Canada will not be counted as an absence since the applicant was physically present in Canada for a portion of both days.
  • Time spent serving a sentence and absences must be subtracted from the total number of days of physical presence during the five-year period.
Counting Physical presence before becoming a permanent resident of Canada
As of October 11, 2017, non-permanent resident (NPR) time spent in Canada as an authorized temporary resident or protected person may be used towards an applicant’s physical presence calculation. Each day spent in Canada as a temporary resident or protected person, before becoming a permanent resident within the five-year period before the date of application will count as one half day, with a maximum of 365 days towards the physical presence calculation.
Temporary resident status includes lawful authorization to enter or remain in Canada as a:
  • visitor;
  • student;
  • worker; or,
  • temporary resident permit holder.
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
  • a person who received a positive decision on a Pre-Removal Risk Assessment from IRCC.
Note: If the applicant made a refugee claim, or was included on a family member’s refugee claim, time will not be credited in Canada between the date of the claim and the date the applicant received a positive decision confirming protected person status as described above.
Read more here
 

Me2020

Hero Member
Oct 15, 2020
722
585
So I looked into it because my understanding was similar to @Fréijoer Léiw 's. Since I have been here since 2009, with valid documented, temporary resident status, and (as I mentioned in my first post), I never applied for refugee status, my residency requirement should only be an additional 2 years now. (I get 0.5 days per 1 day of being a temporary resident in the country in the last 5 years-- which can be added up to one year discounted of the required 3 years of residency.)

However, if someone applied for refugee status, they cannot have the time prior to being a protected person counted towards their citizenship.

The stakes are only 1 year + the whole processing time for citizenship is one year anyways.

I'm copying below the information :

Calculating physical presence for applications received on or after October 11, 2017
For applications received on or after October 11, 2017, under paragraph 5(1)(c)(i) of the Act, the applicant must have accumulated at least 1095 days of physical presence in Canada within the five years immediately preceding the date the applicant signed the application.
  • The calculation of physical presence cannot go beyond the five-year period before the date of application.
  • Each day of physical presence in Canada as a permanent resident counts as one day.
  • Each day of physical presence in Canada as an authorized temporary resident or protected person before becoming a permanent resident, counts as one half day, with a maximum of 365 days credit towards physical presence.
  • February 29 (leap day) is counted in either presence or absence.
  • Absences will be calculated only for days where an applicant spent no time at all in Canada. Dates where an applicant left Canada, or returned to Canada will not be counted as an absence since the applicant was physically present in Canada for a portion of both days.
  • Time spent serving a sentence and absences must be subtracted from the total number of days of physical presence during the five-year period.
Counting Physical presence before becoming a permanent resident of Canada
As of October 11, 2017, non-permanent resident (NPR) time spent in Canada as an authorized temporary resident or protected person may be used towards an applicant’s physical presence calculation. Each day spent in Canada as a temporary resident or protected person, before becoming a permanent resident within the five-year period before the date of application will count as one half day, with a maximum of 365 days towards the physical presence calculation.
Temporary resident status includes lawful authorization to enter or remain in Canada as a:
  • visitor;
  • student;
  • worker; or,
  • temporary resident permit holder.
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
  • a person who received a positive decision on a Pre-Removal Risk Assessment from IRCC.
Note: If the applicant made a refugee claim, or was included on a family member’s refugee claim, time will not be credited in Canada between the date of the claim and the date the applicant received a positive decision confirming protected person status as described above.
Read more here
I've been checking this link but everytime I read I don't find my case.
Where does closed PRRA and then approved stage 1 stand?
I'm not an excellent reader :(