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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..
Hello, any idea after getting eCorp from which organization we get back our passports?
You have to go to the office that seized it. Or email the officer that seized it if you have correspondence. Usually it is the same officer to whom you report regularly. They will give you appointment. There should also be a phone number on the form that they gave you when they seized it with instructions on how to get it back but we never had luck with reaching them by phone. Just went in person.
 

Torkwase

Newbie
Jun 30, 2022
8
3
Hello, I am trying to apply for H&C, just wondering if anyone can help me with the lawyer they used, been talking to a lot of mean ones lately. I would really appreciate it
 

TwiceasTall

Member
Aug 16, 2020
14
43
Hi all, new member here. I've just been reading through and i'm starting to feel a bit nervous seeing so many 2019 applications go in process and mine hasn't yet.
Timeline is

We've received your application for permanent residence on March 12,2019.

We sent you correspondence acknowledging receipt of your application(s) on April 12,2019.
Application is based on ties , establishment in Canada for over 12 years.

Hello all, my journey is still going on and i would appreciate some advice.
My application was denied in February 2021. filed for judicial review immediately, leave granted in August 2022.

my application is based on establishment and my mental health.


Has anyone here been through this? what is the process like?
Please what can i do to better support my application this time now that leave has been granted.
does anyone know how long it will take for a new decision and what the process is like?

My lawyer is not very good communicating and gets upset when i ask too many questions.

Thank you all.
 

ThomasABC

Newbie
Aug 25, 2022
7
1
Dear all,

I will be eligible for apply for PR after staying in Canada for 2 years due to the public policy currently enacted. However, my spouse was convicted in 2022 and will complete imposed sentence on Oct 2022. The offense Is a hybrid offense and deemed indictable offense under Canadian Law and i knew that it has to be 5 years before apply for rehabilitation. I have consulted some immigration lawyers to assess our case and they all said the case was pretty minor, but it would still constitute criminal inadmissibility. I am thinking to apply PR through H&C (in late 2024 / 2025) because it appears to me immigration officers are delegated to waive or exempt criminal check requirement.

Does anyone has any experience that they get exemption from immigration officer? I have convicted two well branded lawyers but it seems their replies are money oriented.

Appreciate if someone can share his/her experience.
 

maurmore13

Star Member
Apr 24, 2018
142
74
Dear all,

I will be eligible for apply for PR after staying in Canada for 2 years due to the public policy currently enacted. However, my spouse was convicted in 2022 and will complete imposed sentence on Oct 2022. The offense Is a hybrid offense and deemed indictable offense under Canadian Law and i knew that it has to be 5 years before apply for rehabilitation. I have consulted some immigration lawyers to assess our case and they all said the case was pretty minor, but it would still constitute criminal inadmissibility. I am thinking to apply PR through H&C (in late 2024 / 2025) because it appears to me immigration officers are delegated to waive or exempt criminal check requirement.

Does anyone has any experience that they get exemption from immigration officer? I have convicted two well branded lawyers but it seems their replies are money oriented.

Appreciate if someone can share his/her experience.
What public police? Can you send a link?
 

KechE

Newbie
Jan 28, 2019
7
4
Congratulations on your successful application.

Please l need your help as I’m about to apply for my 2nd H &C application.

I need your help and guidance as l want to do it myself.

Please can you guide me
Good morning ladies and gentlemen.

I am please to announce that my H &C application has been approved . It was approved on the 2nd of August. However, I accidentally saw the letter via email from IRCC this morning ( 4th of August). My application was approved in less than a year.

Please , bear with me because I am using my phone to type this message while reading my approval letter. Am far away from my laptop. I am overwhelmed with joy.

I need to submit all the documents they requested such as my passport, PR fees of 515 dollars and some few documents they requested. ( please note: I have not fully read the letter because I was filled with joy. The only paragraph that interest me is the section where they highlight that my application has been approved and I am exempted for not complying with the immigration Act ). I will read the the letter fully before the end of today.

One of the brightest member in this group( “kaytoon “ ) was the person who me advice about the exemption that address my case that I should use in my H&C application. One thing I notice in H&C applications is that you MUST ensure the the exemption you are seeking CORRECTLY address your case. If not, you application will be dismissed.

To those who are new in the group, I did my application by myself .My first H&C application was done my a lawyer and it was “REFUSED”. This is why I always try to caution some people who are quick to run into the hands of lawyers like they savior of humanity. Majority are just interested in your money. If you are in doubt of my claim, At the end of your consultation with a lawyer, ask the lawyer “what is success rate of your case “. Just watch their body language and listen to the tone of their voice. Notice the sudden change of his or her voice. Keep in mind that at the beginning of your consultation with the lawyer, he or she will tell how they are and they have help people with similar case that was successful. The movement you ask them that question, they backtrack!

I wish I can show you the nature of job the lawyer in my 1st application. It is so bad that the immigration officer who refuse it confirm in my refusal letter that the lawyer did a bad job.

Believe me, H&C application is easy and simple provided you know how present your immigration story and have a good writing skills that makes it easy for an immigration officer to comprehend your immigration story and reasons beyond your control that made you overstayed your visa backed with “strong evidence”. This is important.

I will like to use this medium to thank all the top members of this group that has given me advise on how best present my second H&C application . I will like to recognize the Ayanna and kaytoon ( I hope I spelt the profile names right). These two guys have been the biggest and brightest when it comes to H&C . All of their advice has worked and that is what has lead to the approval of my h &c app.

Once I am less busy from work, I will like to give some the new members advice and how best to present your application. I will write about the use of lawyers. I always strongly recommend you do application yourself. You know your immigration story than the lawyer. Immigration officer is mostly interested in your immigration story. They don’t need you quoting law ( which is what most lawyers do ). You are wasting IRCC Officer's time by doing so. Its like trying to prove to them that you have right to stage in Canada. Meanwhile, you know you are at their mercy

Once I have my laptop with me, I will write a long report sharing my experience with you guys and what how to present your application in such a way that will increase the success rate of your application.

In the mean time, y’all can ask me question and I will try my best to respond.

Take care
Good morning ladies and gentlemen.

I am please to announce that my H &C application has been approved . It was approved on the 2nd of August. However, I accidentally saw the letter via email from IRCC this morning ( 4th of August). My application was approved in less than a year.

Please , bear with me because I am using my phone to type this message while reading my approval letter. Am far away from my laptop. I am overwhelmed with joy.

I need to submit all the documents they requested such as my passport, PR fees of 515 dollars and some few documents they requested. ( please note: I have not fully read the letter because I was filled with joy. The only paragraph that interest me is the section where they highlight that my application has been approved and I am exempted for not complying with the immigration Act ). I will read the the letter fully before the end of today.

One of the brightest member in this group( “kaytoon “ ) was the person who me advice about the exemption that address my case that I should use in my H&C application. One thing I notice in H&C applications is that you MUST ensure the the exemption you are seeking CORRECTLY address your case. If not, you application will be dismissed.

To those who are new in the group, I did my application by myself .My first H&C application was done my a lawyer and it was “REFUSED”. This is why I always try to caution some people who are quick to run into the hands of lawyers like they savior of humanity. Majority are just interested in your money. If you are in doubt of my claim, At the end of your consultation with a lawyer, ask the lawyer “what is success rate of your case “. Just watch their body language and listen to the tone of their voice. Notice the sudden change of his or her voice. Keep in mind that at the beginning of your consultation with the lawyer, he or she will tell how they are and they have help people with similar case that was successful. The movement you ask them that question, they backtrack!

I wish I can show you the nature of job the lawyer in my 1st application. It is so bad that the immigration officer who refuse it confirm in my refusal letter that the lawyer did a bad job.

Believe me, H&C application is easy and simple provided you know how present your immigration story and have a good writing skills that makes it easy for an immigration officer to comprehend your immigration story and reasons beyond your control that made you overstayed your visa backed with “strong evidence”. This is important.

I will like to use this medium to thank all the top members of this group that has given me advise on how best present my second H&C application . I will like to recognize the Ayanna and kaytoon ( I hope I spelt the profile names right). These two guys have been the biggest and brightest when it comes to H&C . All of their advice has worked and that is what has lead to the approval of my h &c app.

Once I am less busy from work, I will like to give some the new members advice and how best to present your application. I will write about the use of lawyers. I always strongly recommend you do application yourself. You know your immigration story than the lawyer. Immigration officer is mostly interested in your immigration story. They don’t need you quoting law ( which is what most lawyers do ). You are wasting IRCC Officer's time by doing so. Its like trying to prove to them that you have right to stage in Canada. Meanwhile, you know you are at their mercy

Once I have my laptop with me, I will write a long report sharing my experience with you guys and what how to present your application in such a way that will increase the success rate of your application.

In the mean time, y’all can ask me question and I will try my best to respond.

Take care
 

wello711

Champion Member
Feb 11, 2021
1,552
938
Canada
Category........
Other
Congratulations on your successful application.

Please l need your help as I’m about to apply for my 2nd H &C application.

I need your help and guidance as l want to do it myself.

Please can you guide me
Can you share your timeline plz ?
 

ThomasABC

Newbie
Aug 25, 2022
7
1
Hello folks i want to ask about the notice of appearance i got a letter from CBSA for appearance because i had a criminal conviction for refusing a breathlyzer . I have already filed my h&c application and it is in process since 27th july . Can someone tell me what can happen on this appearance is it something serious ? Anybody with the same situation or know something about it please help me out
I am trying to give you some helps from available official documents I read. I don’t have similar experience as I am in the same boat of you. Your feedback is much appreciated.

Please check out ENF 10 - i think it is just a request to you to answer specific questions. However, it would lead you to a removal order. It all depends on your case and how they see your case.

Look forward to hearing from you.
 
Last edited:

scylla

VIP Member
Jun 8, 2010
95,879
22,134
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
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/hong-kong-residents-permanent-residence.html

Thanks for reply.

It appears a H&C consideration to waive most of the conditions to PR, leaving the applicant has to comply with admissibility.
Yes, this program waives many of the conditions for PR. I thought a police check was still required. This would be one of the ways IRCC would determine admissibility. Have you found something specific where IRCC is stating that people applying through this program are exempt? I don't see this listed as an exemption on the page you provided above.
 

ThomasABC

Newbie
Aug 25, 2022
7
1
Yes, this program waives many of the conditions for PR. I thought a police check was still required. This would be one of the ways IRCC would determine admissibility. Have you found something specific where IRCC is stating that people applying through this program are exempt? I don't see this listed as an exemption on the page you provided above.
It exempts the some of the requirements set out in A70.
BTW, there is one recent case that the court held H&C may “overcome” A36(2)(b). But the threshold are very high.
Strong case is not sufficient, you need very strong compelling case to obtain special relief.
I think it does not apply to normal case. FYI

Hope this post would help people facing the same problem.
 

scylla

VIP Member
Jun 8, 2010
95,879
22,134
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
It exempts the some of the requirements set out in A70.
BTW, there is one recent case that the court held H&C may “overcome” A36(2)(b). But the threshold are very high.
Strong case is not sufficient, you need very strong compelling case to obtain special relief.
I think it does not apply to normal case. FYI

Hope this post would help people facing the same problem.
Is the Hong Kong stream classified as an H&C stream? I didn't realize that.