Think others may be confused but you haven’t received AIP and this is your second H&C application. Would suggest you clarify that you are applying for PR based on H&C.
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
Think others may be confused but you haven’t received AIP and this is your second H&C application. Would suggest you clarify that you are applying for PR based on H&C.
Many have applied for asylum first and therefore have a WP already. Your situation is pretty unique because you were a student who didn’t qualify for PGWP and have applied for H&C once before. Not sure whether you would be able to get a WP based on financial need or that would trigger a meeting with CBSA. Tricky position because you can be deported so if you claim you don’t have finances that can be a reason for CBSA to push for deportation especially since this is your second H&C application.
Thanks for responding am still waiting as well 2nd February the wait is over bearing lol
If there is a major update that will boost your HC - new job, expecting child, new letter of support from a significant member of community etc. - you can send a webform. We have used it twice while application was in process - once to attach my pregnancy letter and once to attach a letter from MP. In GcMS notes it showed that they were received and forwarded to the officer.
Hey frnds. Newbie here. Circumstances and a bit of search got me here as I'm desperately trying to seek help and advice and reading the comments here really made me feel like I could get some good piece of advice here.
I came to Canada to study about 10 years ago. It took me longer than usual to finish my final program of study as I changed my college but regardless, I've always stayed under legal status and study permit at all times. In July 2019 my program completed and also my study permit expired and I got my graduation letter in August. It was a total blunder on my part to not renew my study permit before applying for PGWP which I now clearly know is a requirement. I had this wrong impression that because I'm applying for another immigration document i.e PGWP well within 180 days of graduating, it will be considered. I filed for my PGWP right after receiving the graduation letter and diploma. My PGWP was refused for the very reason that I do not have a valid study permit and I'm out of status now and should leave Canada. This decision was made in December 2019.
I then hired a professional law firm to handle my case and we re-applied for the PGWP with our side of the story and explanation in January 2020, side by side my lawyer also filed for extension of the study permit but since the 90 day grace period has passed, it also got refused and so was the PGWP for the very reason in around June or July of 2020. We then applied for the Application of Leave and Judicial review against the decision. Long story short, we got the ATIP notes of the decision and then offered a settlement offer to restore my status which was rejected by the defendant and the JR process kept on going as we requested grant for Leave and case to be heard in the court. It took all of 2020 and 2021 because of COVID delays everywhere specially the courts.
It's 2022 now and just a few days ago I was informed by my lawyer that the request to grant Leave is rejected after the judge reviewed the case and the refusal decisions made on my study permit extension and PGWP stands. This now makes me out of status. I can't even leave Canada now to apply for PGWP from outside since this tiresome process took years and the condition to apply for PGWP within 180 days is over too so I'm out of that option.
Do I have a case to apply for PR under H & C? I've been here for 10 years. I haven't left Canada in last 6 years. I had always maintained my status throughout my studies until the day I messed up by not applying for study permit before applying for PGWP. I never took any social assistance or aid. I've always been financially self sufficient. I consider Canada to be my home since I've spent most of my adulthood here and I have more friends here than I had in my country back home. Even the thought of leaving at this stage gives me goosebumps because I don't want to. I'd appreciate any input or options that you guys might have and what do you guys think my case is like if I opt to apply for PR through H & C ? Thanks folks
I came to Canada to study about 10 years ago. It took me longer than usual to finish my final program of study as I changed my college but regardless, I've always stayed under legal status and study permit at all times. In July 2019 my program completed and also my study permit expired and I got my graduation letter in August. It was a total blunder on my part to not renew my study permit before applying for PGWP which I now clearly know is a requirement. I had this wrong impression that because I'm applying for another immigration document i.e PGWP well within 180 days of graduating, it will be considered. I filed for my PGWP right after receiving the graduation letter and diploma. My PGWP was refused for the very reason that I do not have a valid study permit and I'm out of status now and should leave Canada. This decision was made in December 2019.
I then hired a professional law firm to handle my case and we re-applied for the PGWP with our side of the story and explanation in January 2020, side by side my lawyer also filed for extension of the study permit but since the 90 day grace period has passed, it also got refused and so was the PGWP for the very reason in around June or July of 2020. We then applied for the Application of Leave and Judicial review against the decision. Long story short, we got the ATIP notes of the decision and then offered a settlement offer to restore my status which was rejected by the defendant and the JR process kept on going as we requested grant for Leave and case to be heard in the court. It took all of 2020 and 2021 because of COVID delays everywhere specially the courts.
It's 2022 now and just a few days ago I was informed by my lawyer that the request to grant Leave is rejected after the judge reviewed the case and the refusal decisions made on my study permit extension and PGWP stands. This now makes me out of status. I can't even leave Canada now to apply for PGWP from outside since this tiresome process took years and the condition to apply for PGWP within 180 days is over too so I'm out of that option.
Do I have a case to apply for PR under H & C? I've been here for 10 years. I haven't left Canada in last 6 years. I had always maintained my status throughout my studies until the day I messed up by not applying for study permit before applying for PGWP. I never took any social assistance or aid. I've always been financially self sufficient. I consider Canada to be my home since I've spent most of my adulthood here and I have more friends here than I had in my country back home. Even the thought of leaving at this stage gives me goosebumps because I don't want to. I'd appreciate any input or options that you guys might have and what do you guys think my case is like if I opt to apply for PR through H & C ? Thanks folks
I don't think any of us here can give you a % chance of success. However it's worth a try given this is probably your only remaining option at this point if you want to avoid leaving Canada.
Note that submitting an H&C application won't prevent you from being removed from Canada should CBSA decide to do this. However hopefully they don't move to do this immediately. Having an H&C application in progress would also help you in trying to defer a removal (again, should that happen).
So my two cents is that it's worth a try. Just be prepared for processing times of a couple of years. Shorter is certainly possible too. But be prepared for longer since it could happen.
Good luck.
This is a strong H&C case. And I think you should apply and make sure you have supporting document. Show you have been working all these years. She get letter from friends, family, co workers
That makes perfect sense. Thanks for the response! I have already included a job offer letter in my application. If I get other things you recommended, I will update IRCC.
Thanks for the advice!
OP has been out of status since 2019 so wouldn't have been able to legally work since then.
Your response is very misleading. It is most likely you did NOT understand my question at all. Besides, you do not have FACTS about my immigration history at your disposal. Based on your response, it is evident you are banking on FALSE assumptions about what YOU think you know about my case.
By the way, I have NO issue with CBSA. I am dealing directly with IRCC.. My case has NO reason for CBSA to be involved. If it does, trust me, IRCC will have contacted CBSA to get in touch with me. As a matter of fact, the IRCC officer that is working on my application was in touch with me middle of last month(January 2022). We had a friendly conversation because she understand the sensitive nature of my circumstance. So, I don't know what the hell you talking about.
Regarding your assumption about WP, It is completely FALSE!.... Here is the fact: I personally did NOT apply for WP because I do not have the time to do the application. Since my h&c application is already in PROCESS, I did not feel pressured or see the need to apply for it. By default, I am eligible for a WP. I have all the required documentation ( most importantly, AOR and Job offer letter) + my immigration history + circumstance make me an ideal applicant for WP.
Here is my advice, if you have very limited information about someone's case or you do not understand the question they ask in the forum, you are better off not responding than giving a misleading opinion/ advice.
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have you checked with your lawyer maybe IRCc sent the email to them
if the immigration request your medical yes you have to do it if they don’t
don’t do it because they will make you do it again MEDICAL is good for one year
you can work under table or cash but you have to report it to CRA
you can file your taxes end of the year that happened with me
even though you haven’t work you have to file your taxes if you live more than six months in Canada
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You have to resent your background maybe they lost it
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