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

[Latin40]

Hi all I am new to this platform and need your suggestions on urgent basis ...I filed refugee claim inside canada in 2019 and till date waiting for hearing and some people coming after me getting hearings already .. I am with govt lawyer and he didn't guide . I am here with my wife and our daughter born here on nov 2020 ... and also can I apply humantrain pr in this situation or I need to wait until first hearing


Your comments appreciated

You can, but you have to withdraw your refugee claim, and h&c doesn't give status.

 

[wello711]

Can you please guide me more or suggest me good lawyer in this regards please ....I am in too much tension already

in montreal Joseph allen, Tiziana Aiello
i don't have an idea about lawyers in other cities

 

[PARMOD92]

You can, but you have to withdraw your refugee claim, and h&c doesn't give status.

So after withdrawal I have to leave canada or I can apply from here without leaving ?and do I get work permit in this situation

 

[PARMOD92]

Hi. Did u apply for a refugee as well? Im happy you got approved and Im planning to apply as well on best interest of a child ground. I hope you have time to reply. Thanks

It's really good for you ...can you please share are you also apply refugee in Canada or just h&c . ...and I have child born in Canada...can I eligible to apply

 

[Latin40]

So after withdrawal I have to leave canada or I can apply from here without leaving ?and do I get work permit in this situation

You have to apply in canada as soon as you withdraw. Cbsa may or may not deport you. If you have right now work permit as a refugee claimaint you can continue working, and renew the work permit with h&c.

 

[ana278806]

Sorry your lawyer sent email to Vancouver to enquire about status of your application or he/she sent documents to Vancouver to update your application? Niagara does your second stage processing so all enquiries/emails should be addressed to Niagara to avoid delays (your AIP letter already says it, I presume).

She sent enquire about my status , I have no idea why she sent to Vancouver instead of Niagara , that’s why I am asking

 

[PARMOD92]

You have to apply in canada as soon as you withdraw. Cbsa may or may not deport you. If you have right now work permit as a refugee claimaint you can continue working, and renew the work permit with h&c.

So can you please suggest me good lawyer in this case please ...and some people file refugee and humantrain combined ...how it's working ?

 

[ana278806]

She sent enquire about my status , I have no idea why she sent to Vancouver instead of Niagara , that’s why I am asking

I need to ask her , I will send email to her. Thank you

 

[ana278806]

She sent enquire about my status , I have no idea why she sent to Vancouver instead of Niagara , that’s why I am asking

I will ask her .

 

[Dima A]

Hi All,
I am new in this forum.
I am refused refugee claimant, applied for H&C in July 2020, AOR in September 2020 and my file turned in process in April 2020 and since then we haven’t heard back from them.

Currently I’m looking for a new lawyer as I am facing very hard time with the immigration consultant that we regrettably hired and I would be appreciated for any recommendation for an expert and honest lawyer anywhere in Greater Toronto area.

Thanks in advance

 

[canuck78]

So can you please suggest me good lawyer in this case please ...and some people file refugee and humantrain combined ...how it's working ?

you can’t file both at the same time because one will not be processed until the asylum claim is processed. If you get denied asylum you can apply for H&C. Having a Canadian child does not guarantee approval. What country are you from?

 

[canuck78]

On super visa she can stay up to 2 years on her every visit

You can apply to extend a stay past the 2 years. Based on your posts your mother stayed for 2 years returned home for 2 months and returned to Canada but had been in Canada for 7 years. That would mean she had been in Canada for the last 5 years. Is that correct?

 

[Param85]

You can apply to extend a stay past the 2 years. Based on your posts your mother stayed for 2 years returned home for 2 months and returned to Canada but had been in Canada for 7 years. That would mean she had been in Canada for the last 5 years. Is that correct?

No , every after 2 years she went back to home then come back

 

[wello711]

No , every after 2 years she went back to home then come back

i know many many people who leaves canada after every 6 months ( for simple TRV ) and they come back because they don't have any idea about extension applications

 

[MakerofGold]

So after withdrawal I have to leave canada or I can apply from here without leaving ?and do I get work permit in this situation

Do not withdraw your claim. Do not be in haste. It’s better to wait and be approved. There are a lot of things you can do by being a refugee claimant. Calm down. At the most get a new lawyer who can ask that your case be brought forward. With the new legislation it ease to get accepted than rejected as a refugee claimant so relax. My thought !