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H&C

tstarhash

Star Member
Jul 31, 2022
55
19
I am sure RAD will have negative decision for you ( In fact for all who failed in the initial claim). Don't worry, if your kids are below 18, you have bright chances of applying pr under H&C ( Best interest of the child) provided if you have proper ground work to submit your case. As far as removal order is concerned, now a days no one has time to see who is due to remove from the country and I bet you will have enough time to submit your H&C application. How much time this process takes is a key and challenge here. All the best
Hi
is there is anyway after applying H&C we can get stay order or stay removal order let me know thanks
 

Eva0501

Member
Jul 31, 2022
13
2
Hi
after applying refugee i apply for welfare so now i am on welfare
my kids son is 9 he is Indian and daughter is 3 is Canadian
my wife is home maker
my concern is if i apply for HandC the CBSA can send me removal order or if i already apply for Hanc.
Hi
after applying refugee i apply for welfare so now i am on welfare
my kids son is 9 he is Indian and daughter is 3 is Canadian
my wife is home maker
my concern is if i apply for HandC the CBSA can send me removal order or if i already apply for Hanc.
If you have to be removed after your H & C PR application, it will not change your application. If the CBSA wants to remove you, you need to see what Removal Order they have, you also have a chance to Appeal your Removal order.

If your wife has status in Canada the best solution for you not to go down the CBSA road is to let her sponsor you.
 

tstarhash

Star Member
Jul 31, 2022
55
19
no my wife is also as me same refugee fails so she cant help me either.
if i apply JR and H&C same time does it work for me
some lawyer saying you can apply one by one but some saying both JR and H&C same time
i am confused .
 

Eva0501

Member
Jul 31, 2022
13
2
no my wife is also as me same refugee fails so she cant help me either.
if i apply JR and H&C same time does it work for me
some lawyer saying you can apply one by one but some saying both JR and H&C same time
i am confused .
A JD is a review after a decision has been made, if your application has not been denied or reject, you can't apply for JD
 

tstarhash

Star Member
Jul 31, 2022
55
19
Hi
is there is anyway after applying H&C we can get stay order or stay removal order let me know thanks
A JD is a review after a decision has been made, if your application has not been denied or reject, you can't apply for JD
yah my refugee is rejected I am thinking to go for RAD then I will prepare for H&C in that time so after rejection By RAD do i apply for JD and H&C same time why i am doing is to not go through removal order.
 

Eva0501

Member
Jul 31, 2022
13
2
yah my refugee is rejected I am thinking to go for RAD then I will prepare for H&C in that time so after rejection By RAD do i apply for JD and H&C same time why i am doing is to not go through removal order.
it is better for you to prepare them at the same time, the JD and the H&C have a lot of FACTORS to be considered. This is why all the immigration consultant do not have the same answers for you.

It is not as simple as it may seems, for example the H&C:

they would have to consider how much of a tie you have in Canada
what contribution you have made towards your community
  • you have children under 18 who would be adversely affected if you were removed from Canada, or
  • you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.
 

tstarhash

Star Member
Jul 31, 2022
55
19
it is better for you to prepare them at the same time, the JD and the H&C have a lot of FACTORS to be considered. This is why all the immigration consultant do not have the same answers for you.

It is not as simple as it may seems, for example the H&C:

they would have to consider how much of a tie you have in Canada
what contribution you have made towards your community
  • you have children under 18 who would be adversely affected if you were removed from Canada, or
  • you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.
so you mean to say first apply RAD and I should find a good job so i have to come out from welfare and then i can file judicial review and h&c same time because i came to know that if i file JD then they will not consider H&C they will return file and they say wait for JD decisions i don't know.
 

scylla

VIP Member
Jun 8, 2010
95,876
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Toronto
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Hi
after applying refugee i apply for welfare so now i am on welfare
my kids son is 9 he is Indian and daughter is 3 is Canadian
my wife is home maker
my concern is if i apply for HandC the CBSA can send me removal order or if i already apply for Hanc.
Do you have the option to get off welfare? If you plan to apply for H&C, being on welfare can weaken your application. It would be much better if you aren't relying on social assistance. IRCC wants to see that H&C applicants are financially independent.

To answer your question above, CBSA can send you a removal order but then there are options to try to put that removal on hold to wait out the processing of the H&C application.
 

Eva0501

Member
Jul 31, 2022
13
2
what I meant to say is I think H & C is your last resort. you need to get your JD to be reviewed first, but your JD review could also be denied due to your current situation( you are on welfare, and the whole family is on government assistance basically), unless you can prove that your life will be in great danger if they send you back home.
 

tstarhash

Star Member
Jul 31, 2022
55
19
Do you have the option to get off welfare? If you plan to apply for H&C, being on welfare can weaken your application. It would be much better if you aren't relying on social assistance. IRCC wants to see that H&C applicants are financially independent.

To answer your question above, CBSA can send you a removal order but then there are options to try to put that removal on hold to wait out the processing of the H&C application.
there are options to try to put that removal on hold to wait out the processing of the H&C application.so please clear me in what way we can keep our removal order on hold. i can get off from welfare because i find a job but whatwill the income i should show to welfare so they can removed me from welfare i am not sure so thats why i am scared little bit. how to removed from welfare my family size is big wife and me 2 kids so what should be monthly income i should show to them please guide me.
 

tstarhash

Star Member
Jul 31, 2022
55
19
what I meant to say is I think H & C is your last resort. you need to get your JD to be reviewed first, but your JD review could also be denied due to your current situation( you are on welfare, and the whole family is on government assistance basically), unless you can prove that your life will be in great danger if they send you back home.
i can get off from welfare because i have find one job but what will the income i should show to welfare so they can removed me from welfare i am not sure so thats why i am scared little bit. how to removed from welfare my family size is big wife and me 2 kids so what should be monthly income i should show to them please guide me.
 

Eva0501

Member
Jul 31, 2022
13
2
i can get off from welfare because i have find one job but what will the income i should show to welfare so they can removed me from welfare i am not sure so thats why i am scared little bit. how to removed from welfare my family size is big wife and me 2 kids so what should be monthly income i should show to them please guide me.

That depends on how much the government is providing for you, if you get a job that will definitely change the amount you will be getting from the welfare check. but I think at least that is a good sign to show the board you are trying... I do not know how much the welfare check is for the whole family, but like I said if you are working and have income, the amount you are getting will definitely be less than what you are getting now.

The whole point is to get off of the government assistance and show them that you are trying to establish a tie here and you do not rely on the assistance. meanwhile, you can also consider getting your wife into a secondary career center or something whether it's for studying or finding a job, at least to show them both of you are here to contribute.
 

tstarhash

Star Member
Jul 31, 2022
55
19
That depends on how much the government is providing for you, if you get a job that will definitely change the amount you will be getting from the welfare check. but I think at least that is a good sign to show the board you are trying... I do not know how much the welfare check is for the whole family, but like I said if you are working and have income, the amount you are getting will definitely be less than what you are getting now.

The whole point is to get off of the government assistance and show them that you are trying to establish a tie here and you do not rely on the assistance. meanwhile, you can also consider getting your wife into a secondary career center or something whether it's for studying or finding a job, at least to show them both of you are here to contribute.
first i want to say you thank you so much you guiding me when i am in lot off stress
as you said for wife to enroll in some study or job course what will be the best option just to show them she is busy in some work because my wife dont want to do job she is happy in take caring kids at home she dont want to let her kids take care by someone else please guide me so just to show that she is busy in some activity in my file so they can be positive in my wife consideration.
 

Eva0501

Member
Jul 31, 2022
13
2
first i want to say you thank you so much you guiding me when i am in lot off stress
as you said for wife to enroll in some study or job course what will be the best option just to show them she is busy in some work because my wife dont want to do job she is happy in take caring kids at home she dont want to let her kids take care by someone else please guide me so just to show that she is busy in some activity in my file so they can be positive in my wife consideration.
I would suggest she engage in more community activities, there are a lot of activities going on, and the more you engage with the community the more chances you get. Volunteer work, Social gatherings, support groups,s, etc. the more you engage the more positive result you will get when the board makes the decision.
 

Eva0501

Member
Jul 31, 2022
13
2
first i want to say you thank you so much you guiding me when i am in lot off stress
as you said for wife to enroll in some study or job course what will be the best option just to show them she is busy in some work because my wife dont want to do job she is happy in take caring kids at home she dont want to let her kids take care by someone else please guide me so just to show that she is busy in some activity in my file so they can be positive in my wife consideration.
Again, the more ties you establish, the more contribution you make twoards Canadian Society, the better.
If your daughter was born here, she is another consideration when it comes to the decision( the board will consider if you both have to return to home, will her life change dramatically, and will she face hardship?)
 
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