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

[mace_l]

Hello,
I'm also new and am in a similar situation as you Ace_001.
If they send me back to my home country, the treatment I am on here will stop and my health is going to be in danger.

Anyways, I also want to know, how many months/years will this application take?
I know it says 18-24m on the website but it's been almost 35m with no update for me.
I heard some people got their AIP within 15-17m. Why is it so slow right now?

 

[Ace_001]

Hello,
I'm also new and am in a similar situation as you Ace_001.
If they send me back to my home country, the treatment I am on here will stop and my health is going to be in danger.

Anyways, I also want to know, how many months/years will this application take?
I know it says 18-24m on the website but it's been almost 35m with no update for me.
I heard some people got their AIP within 15-17m. Why is it so slow right now?

We were told from our lawyers that our application will be in process within around 6 months and then within 6-7m, we will find out if we get the AIP or a rejection.
Yes it says 24m on the website but i haven't heard anyone that was early.

 

[malik99sa]

hi
it’s depends on officer who working on your case
On interest of children for H&c app in your favor the chance are 90% but if inadmissible to Canada your chance 35 or 40 %
The process time is 31 months but will get ur Aip in 15 to 21 months
the refusal usually 9 to 12

good luck

My case has been refused on a same day November 08 But they didn't sent e any letter til my Laywer called them and asked about my decision. They told my lawyer about my refusels on prra and h c. Now my lawyer going to challenge those decisions in federal court. And he did it yesterday.

 

[Buletruck]

No I don't. So if we don't get an answer within a month, do we have to leave Canada and wait for our application to be approved there? We applied for H&C because when my daughter goes back to our home country, she has a very difficult time and does not get the right support. Even going back for a few days effects her but she's still supposed to wait there?

Unfortunately, yes you would be removed. And your case is complicated by the fact you are working illegally. It’s really far too complicated for anyone here to get solid advice. You need a good lawyer at this point.

 

[Buletruck]

My case has been refused on a same day November 08 But they didn't sent e any letter til my Laywer called them and asked about my decision. They told my lawyer about my refusels on prra and h c. Now my lawyer going to challenge those decisions in federal court. And he did it yesterday.

With multiple refusals, you should be prepared for the court to refuse you leave to appeal.

 

[malik99sa]

Unfortunately, yes you would be removed. And your case is complicated by the fact you are working illegally. It’s really far too complicated for anyone here to get solid advice. You need a good lawyer at this point.

But CIC issued my work permit in December. I'm not working illegally. I don't understand what they are doing if I was rejected then why did they issued me one year work permit.

 

[Ace_001]

Unfortunately, yes you would be removed. And your case is complicated by the fact you are working illegally. It’s really far too complicated for anyone here to get solid advice. You need a good lawyer at this point.

Then, if I were to go back to my home country to wait and I get my AIP, do I come back to Canada and wait for my second approval?
Also, the CIC knows that the H&C takes long. So how do they expect us to live without working? And cuz everything is expensive.

 

[Buletruck]

But CIC issued my work permit in December. I'm not working illegally. I don't understand what they are doing if I was rejected then why did they issued me one year work permit.

Sorry, thought you posted you did not have a work permit. Irregardless, there is no guarantee you can remain in Canada while an H&C application is being processed. Without the AIP, it looks like CBSA will process your removal. The application will continue to be processed.

 

[Buletruck]

Then, if I were to go back to my home country to wait and I get my AIP, do I come back to Canada and wait for my second approval?
Also, the CIC knows that the H&C takes long. So how do they expect us to live without working? And cuz everything is expensive.

You would have to wait until the H&C application is approved before you can return.
Not sure what you mean by what IRCC expects. You’ve been here 10 years now, probably without status for most of it. They expect you to abide by the immigration rules that they originally allowed you entry to Canada on. You chose you current course of action and it not quick or easy. The expenses are something you should have expected.

 

[newcomer7]

In that case, pretty safe to assume she is out of status in Canada at this point. Her study permit would have been automatically canceled once she stopped attending school. I wouldn't try to renew anything since this will draw attention to this fact.

Alright Scylla,

Her study permit is still valid. Can we apply for her PR on H&C ground with her health complicated issues which currently turn her almost to be a disable person now?? This is the main reason she can not attend school.
Also, her family did not know English well, this is the reason they not know, or pay attention to renew her Canada visa. Please, please help.

Thanks Scylla.

 

[Ace_001]

You would have to wait until the H&C application is approved before you can return.
Not sure what you mean by what IRCC expects. You’ve been here 10 years now, probably without status for most of it. They expect you to abide by the immigration rules that they originally allowed you entry to Canada on. You chose you current course of action and it not quick or easy. The expenses are something you should have expected.

We both had a permit that was valid until we started this application. The doctor from the our home country told us that my daughter should be in Canada and not our home country so that her health doesn't get worse. We didn't have a choice so we decided on staying here. We've lived here for so long so I know it is expensive here. That's exactly why I was wondering how people are doing without working.

 

[scylla]

Alright Scylla,

Her study permit is still valid. Can we apply for her PR on H&C ground with her health complicated issues which currently turn her almost to be a disable person now?? This is the main reason she can not attend school.
Also, her family did not know English well, this is the reason they not know, or pay attention to renew her Canada visa. Please, please help.

Thanks Scylla.

I think you've misunderstood. The study permit date may still look like it's valid but there's a high chance it has actually been canceled in IRCC systems because she has dropped out of school. Schools are required to report this to IRCC. IRCC then cancels the study permit.

Having said that she can certainly apply for H&C. Recommend she apply with the help of a lawyer.

 

[newcomer7]

I think you've misunderstood. The study permit date may still look like it's valid but there's a high chance it has actually been canceled in IRCC systems because she has dropped out of school. Schools are required to report this to IRCC. IRCC then cancels the study permit.

Having said that she can certainly apply for H&C. Recommend she apply with the help of a lawyer.

Thanks Scylla.
As you said, can she apply "inland" for H&C, even IRCC cancels her study permit?

 

[scylla]

Thanks Scylla.
As you said, can she apply "inland" for H&C, even IRCC cancels her study permit?

Anyone can apply for H&C if they are in Canada. Whether they have status or not doesn't impact this. Again, suggest she work with a good immigration lawyer on the application (stay away from consultants). H&C applications are not easy and have high refusal rates. Processing time will be around 2-3 years.

 

[newcomer7]

Thanks Scylla.