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

[scylla]

Hi team. How is everyone doing. Please I have a question about this H&C process. I have a friend who is a Single mother from India. The father of the child is not owning up to any responsibility. He is also an immigrant from Srilanka but is an undergrad student. The problem is that she got pregnant and could not finish school. Thereby losing her work permit. After giving birth, she decided to go back to school but was told that she has to leave Canada in order to apply for study permit since her previous permit is expired. Her family in India has abandoned her and dont want to see her again because she has a child outside wedlock. She has no place to go. Can she apply for H&C without having to apply for refugee??

She wants to apply for H&C. Her child is a girl child and she feels that both she and her baby girl will face so much hardship in India as a single mom. She feels that her baby will will not be accepted by the society. What is the probability of success?

2. If she fails with the H&C, can she still apply for refugee.

Note: She is completely out of status.

She can apply for H&C. No one here can tell you what the chances of success will be.

If she wants to make a refugee claim, she should really be doing that first (not applying for H&C). However unless there's information you're not sharing, it doesn't sound like she has the grounds for a successful refugee claim.

 

[God's own 269]

She can apply for H&C. No one here can tell you what the chances of success will be.

If she wants to make a refugee claim, she should really be doing that first (not applying for H&C). However unless there's information you're not sharing, it doesn't sound like she has the grounds for a successful refugee claim.

Thanks for your prompt reply. Really appreciate. She has good grounds which I dont want to share but the problem is that she wants to have the opportunity to reconcile with her family one day. She has the faith that one day, they would forgive her even though she is very scared. She hopes that one day, she can visit them with her baby but with refugee, she can never go back to India at least till she becomes a citizen

 

[canuck78]

Hi team. How is everyone doing. Please I have a question about this H&C process. I have a friend who is a Single mother from India. The father of the child is not owning up to any responsibility. He is also an immigrant from Srilanka but is an undergrad student. The problem is that she got pregnant and could not finish school. Thereby losing her work permit. After giving birth, she decided to go back to school but was told that she has to leave Canada in order to apply for study permit since her previous permit is expired. Her family in India has abandoned her and dont want to see her again because she has a child outside wedlock. She has no place to go. Can she apply for H&C without having to apply for refugee??

She wants to apply for H&C. Her child is a girl child and she feels that both she and her baby girl will face so much hardship in India as a single mom. She feels that her baby will will not be accepted by the society. What is the probability of success?

2. If she fails with the H&C, can she still apply for refugee.

Note: She is completely out of status.

The big issue is that H&C does not prevent removal and processing can be years. She still has to support herself in Canada and her child so that also becomes a major issue. Assume she has proof that she is unwelcome to return to her family home. Although I understand culturally this is a big deal but families can sometimes change their mind especially when a grandchild is involved. If the father is in Canada she should be at least filing for child support. She will also have to figure out how she can support herself longterm in Canada without government help like social assistance. Even if she remains in Canada she will likely struggle if she has no degree and limited or no work experience in Canada. How has she been supporting herself since leaving school?

 

[canuck78]

Thanks for your prompt reply. Really appreciate. She has good grounds which I dont want to share but the problem is that she wants to have the opportunity to reconcile with her family one day. She has the faith that one day, they would forgive her even though she is very scared. She hopes that one day, she can visit them with her baby but with refugee, she can never go back to India at least till she becomes a citizen

Protected people can return to their home country after they become a Canadian citizen. If she has strong grounds for asylum that is a much better option for her and will at least allow her to remain in Canada during processing and support herself. May not be an option if the current proposed bill goes through. Tough to say given limited info.

 

[God's own 269]

The big issue is that H&C does not prevent removal and processing can be years. She still has to support herself in Canada and her child so that also becomes a major issue. Assume she has proof that she is unwelcome to return to her family home. Although I understand culturally this is a big deal but families can sometimes change their mind especially when a grandchild is involved. If the father is in Canada she should be at least filing for child support. She will also have to figure out how she can support herself longterm in Canada without government help like social assistance. Even if she remains in Canada she will likely struggle if she has no degree and limited or no work experience in Canada. How has she been supporting herself since leaving school?

She was depending on friends for support. She is living with friends till date. She initially used her savings which she saved while working during the pregnancy but she is dependent of friends. To be honest, at times she did some cash job just to get by.

 

[God's own 269]

Protected people can return to their home country after they become a Canadian citizen. If she has strong grounds for asylum that is a much better option for her and will at least allow her to remain in Canada during processing and support herself. May not be an option if the current proposed bill goes through. Tough to say given limited info.

Her Father is a soldier with the Indian Army and has sworn that no daughter of his will disgrace him with a baby outside wedlock. She still loves her father so much and so does not want to report his threat to her life and baby. Also, she wants to see her mom and siblings one day and that is why she does not want to seek refugee.

 

[canuck78]

Her Father is a soldier with the Indian Army and has sworn that no daughter of his will disgrace him with a baby outside wedlock. She still loves her father so much and so does not want to report his threat to her life and baby. Also, she wants to see her mom and siblings one day and that is why she does not want to seek refugee.

She should talk to her lawyer. If the goal is to be able to remain in Canada and survive for the next few years asylum may be the best option if she qualifies. For both applications she should collect proof that her father has threatened her life due to having a child out of wedlock.

 

[Deleted member 1294351]

Well, let us see if I am correct or not. He can order GCMS notes to confirm what I have said.

Sure, I will do that. How do I do it?

 

[wiener]

Sure, I will do that. How do I do it?

https://atip-aiprp.apps.gc.ca/atip/irccResources.do

 

[Deleted member 1294351]

https://atip-aiprp.apps.gc.ca/atip/irccResources.do

Okay, I ordered them.What exactly am I looking for to confirm your thoughts that I am close to stage 1 decision? What kind of notes will be posted?

 

[sting 000]

I have a question about stage 1 and stage 2... Is the background check done in stage 1 or stage 2? Because all the sources that I read say the background check is done in stage 2 after the officer determines the applicant is eligible and receives stage 1 positive.
However, whenever I call in, the automated system says "We are determining your eligibility" and "We are processing your background check." "We do not need your fingerprints, you do not need a medical".

Automated phone in useless..
I had the same information after submitting H and C application ..
Initially It says , we are reviewing your eligibility and we did not need your fingerprints etc..
I went for biometric fingerprints next day I call again,it says we are reviewing eligibility, we are processing your background check,I checked my previous work permit extension made before H and C application,I can see biometrics information has been automatically updated valid to 10 years...
I ordered GCMS to see what is going on the H and C application ..
I saw some information concerning background check and processing office etc

Primary office: HM vancouver
secondary office: RROC

Criminality ,passed
Info sharing:complete
Security:not stated
eligibility: not started

I didn't see any information that shows file has been assigned to an officer.

 

[Deleted member 1294351]

Automated phone in useless..
I had the same information after submitting H and C application ..
Initially It says , we are reviewing your eligibility and we did not need your fingerprints etc..
I went for biometric fingerprints next day I call again,it says we are reviewing eligibility, we are processing your background check,I checked my previous work permit extension made before H and C application,I can see biometrics information has been automatically updated valid to 10 years...
I ordered GCMS to see what is going on the H and C application ..
I saw some information concerning background check and processing office etc

Primary office: HM vancouver
secondary office: RROC

Criminality ,passed
Info sharing:complete
Security:not stated
eligibility: not started

I didn't see any information that shows file has been assigned to an officer.

I ordered the notes as well, so we will see who is correct. Also, on a side note, are you a big fan of the band The Police or something?

 

[God's own 269]

She should talk to her lawyer. If the goal is to be able to remain in Canada and survive for the next few years asylum may be the best option if she qualifies. For both applications she should collect proof that her father has threatened her life due to having a child out of wedlock.

Thank you so much for your advise. 3 last questions please if you guyz dont mind
1. if God forbid she does not win the H&C case, can she still apply for refugee?
2. If she does not work because she obviously does not have work or student permit and she also relies on food bank, will it affect her H&C??. Will the safety of the child not be prioritized first in the H&C?
3. Finally, can one get legal aid or proborno lawyer for H&C?. If yes, will it affect her case??. Its not her intention not to work and contribute to the society. Its just that she does not have the means.

Sorry guys for asking too many questions. Please we really really need your help and advice team. God bless you all as you support with answers

 

[canuck78]

Thank you so much for your advise. 3 last questions please if you guyz dont mind
1. if God forbid she does not win the H&C case, can she still apply for refugee?
2. If she does not work because she obviously does not have work or student permit and she also relies on food bank, will it affect her H&C??. Will the safety of the child not be prioritized first in the H&C?
3. Finally, can one get legal aid or proborno lawyer for H&C?. If yes, will it affect her case??. Its not her intention not to work and contribute to the society. Its just that she does not have the means.

Sorry guys for asking too many questions. Please we really really need your help and advice team. God bless you all as you support with answers

1. Given current proposed changes no she would not qualify to claim asylum
2. The ability to sustain yourself financially is a consideration in many H&C applications. India is a very large country so tough to show there is no safe area in all of India. One of the reasons she should be at least establishing child support. Realistically most H&C takes years to process so she needs a plan to be able to be able to survive in Canada.
3. She can try. Depends on many things like province. How she pays for a lawyer will not impact her case.

 

[mr.niceGuy10]

If automated phone system says we are reviewing eligibility and we do not need your fingerprint, this is standard message. Once message changes to we are processing your background check, it means application is assigned to officer and you will have stage 1 decision withtin 1-3 months usually.

Well, not quite...I got my AIP in 23 of July 2024, and before that until now....I have the same message, we are reviewing your elegebilit...etc, it never changed.