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Humanitarian and compassionate case after removing our refugee application

Hannita123

Newbie
Oct 20, 2018
6
0
Hello, first of I want to apologize for how long this will be but I really need help or answers:

I’m November of 2012 my family and I came to Canada from colombia due to danger. My family consists of my mom, my 16 year old sister, and me, 19. My sister and I were both minors when we entered the country, her being 10 and me being 13. We entered in a refugee claim since we are in danger in Colombia due to things my dad has done to my mom and my family. The tricky thing is we have dual citizenship, my mom born in England to colombian parents, and my sister and I born in Colombia but obtained British citizenship due to my moms status. We came because things were awful in Colombia and due to all the stress it has affected me long term. We didn’t go to England because we have no family there, no friends there no connections just the fact that my mom was born there 40 years ago and taken out and moved to Colombia at only 6 months of being born. Continuing our story in Canada, we applied for refugee claim in November 2012 but due to the law changing we became a legacy case waited and waited for an answer for years and years and in June 2017 our lawyer said to my mom that us having British citizenship would be a problem in our refugee application and told her other ways we could get permanent residency. In those long 5 years we got pretty settled. I pretty much grew up in Toronto and so did my sister, we became very attached to the people, our friends and people that became family. We had our lives pretty settled mom had a good paying job with our dream apartment a car and financial stability. I had gotten in a serious relationship with a guy I am now engaged to. In 2018 my mom decided to apply for humanitarian and compassionate grounds since we had no chance on getting the refugee claim. We then waited to have a hearing date and went to remove our case in order to file the H&C application. In doing so we lost our status in Canada. I did not know anything of the immigration process since I was really young the whole time. Fast forwarding 5 months after we filed the humanitarian application my mother and I were cited to appear at an immigration office infront of an officer. The officer then said we had a month to leave Canada and at that moment I had broken down crying. What about my fiancé , my education , my job and my life. Everything tumbled down in a matter of seconds. We continued the conversation and the officer was very rude and unprofessional the whole time. Very deceiving too. He gave us the choice to leave to England or Colombia and my mom chose England because we would be in life or death danger if returned to Colombia. We then received the one month notice on September 17th 2018 and got ourselves ready. We bought our own tickets sold and gathered as much money as we could. Which wasn’t much. Telling my fiancé of this was the most heartbreaking thing I could’ve ever done. I had finally found a place where I felt safe and I felt like I belonged. Toronto became my home and the only place I knew for a really important part of my life. Fast forwarding to October 16th 2018 we arrived at the airport. Reported to the immigration office and we were given a paper to sign. The paper said “ deportation” which shouldn’t be. Because what the officer said to us was that we were given a removal letter. I asked him plenty of times and he re assured me it was not deportation. Once given the paper to sing it was “ deportation” into which I asked the guy and he said a removal order was a deportation. We left Canada and arrived in London with no plan no money and the last 6 years of our lives in luggage, my mom had gone to travel care since we are homeless with nothing here. They sent us out on a train with 7 luggage’s being carried out by 3 women to a housing options office, to which we dragged everything to, exhausted, dehydrated and hungry only to be told we had to go to another office, dragged everything again hours and hours later we arrived to another housing office and we presented our papers to a person there who told us we were not eligible for any help. My mom broke down in tears and so did I because here we are in a country we do not know. We went from having everything a month ago to nothing today and we were told to leave hopelessly. My mom went to child services since my sister is a minor and they were able to place us in a motel for a few days until we figure out what to do. That is my story. But this is what is happening now.

I am 19 years old right now, I had no idea about the refugee claim or the humanitarian case nor how any of it works. Everything I know now is from researching online and this forum. My plan now is to return to Canada where I have my friends my fiancé who I plan to marry in the future and everything I am attached to. I have asked my mom plenty of times about the status of the application and she says all she’s gotten is a letter saying it was received. Our lawyer is aware of everything going on and has told us to send an update in 3 weeks. It’s been 4 days here in London and I have never been more miserable, I have fallen into a deep depression and I go days with barely anything to eat, I have been crying non stop and I have been harassed by strangers in the area we are staying. My little sister got sick and she is throwing up non stop and does nothing but sleep all day and I think that is because of everything going on.

My question now is how can We get back to Canada. From wht I read the chances of h&c getting approved are very low. But I would like to know our options. Do we have a chance at our case? My little sister was pulled out of 11th grade and pulled from her friends. She was diagnosed with an anxiety disorder and my mom is diagnosed with depression. Would that do anything to our case? My fiancé has said that he can sponsor me after we get married but I want to know what would our chances be of getting approved. I personally don’t want to be here. Yes we started from 0 in Canada too but we had an aunt there, we had friends there who helped us when we arrived so we had something there. I am very sorry with how messy this is but I know close to nothing about what is going on. What I explained here is what I have been told from my mom and the lawyer. I am very scared that something will happen to us here and I have started to have suicidal thoughts. I cry myself to sleep every night and my fiancé is having a really hard time as well. He pulled himself from school until next semester because he could not focus and has been crying with me since then. My heart aches because it feels like I don’t belong anywhere. Thank you for reading I hope you guys can help.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hello, first of I want to apologize for how long this will be but I really need help or answers:

I’m November of 2012 my family and I came to Canada from colombia due to danger. My family consists of my mom, my 16 year old sister, and me, 19. My sister and I were both minors when we entered the country, her being 10 and me being 13. We entered in a refugee claim since we are in danger in Colombia due to things my dad has done to my mom and my family. The tricky thing is we have dual citizenship, my mom born in England to colombian parents, and my sister and I born in Colombia but obtained British citizenship due to my moms status. We came because things were awful in Colombia and due to all the stress it has affected me long term. We didn’t go to England because we have no family there, no friends there no connections just the fact that my mom was born there 40 years ago and taken out and moved to Colombia at only 6 months of being born. Continuing our story in Canada, we applied for refugee claim in November 2012 but due to the law changing we became a legacy case waited and waited for an answer for years and years and in June 2017 our lawyer said to my mom that us having British citizenship would be a problem in our refugee application and told her other ways we could get permanent residency. In those long 5 years we got pretty settled. I pretty much grew up in Toronto and so did my sister, we became very attached to the people, our friends and people that became family. We had our lives pretty settled mom had a good paying job with our dream apartment a car and financial stability. I had gotten in a serious relationship with a guy I am now engaged to. In 2018 my mom decided to apply for humanitarian and compassionate grounds since we had no chance on getting the refugee claim. We then waited to have a hearing date and went to remove our case in order to file the H&C application. In doing so we lost our status in Canada. I did not know anything of the immigration process since I was really young the whole time. Fast forwarding 5 months after we filed the humanitarian application my mother and I were cited to appear at an immigration office infront of an officer. The officer then said we had a month to leave Canada and at that moment I had broken down crying. What about my fiancé , my education , my job and my life. Everything tumbled down in a matter of seconds. We continued the conversation and the officer was very rude and unprofessional the whole time. Very deceiving too. He gave us the choice to leave to England or Colombia and my mom chose England because we would be in life or death danger if returned to Colombia. We then received the one month notice on September 17th 2018 and got ourselves ready. We bought our own tickets sold and gathered as much money as we could. Which wasn’t much. Telling my fiancé of this was the most heartbreaking thing I could’ve ever done. I had finally found a place where I felt safe and I felt like I belonged. Toronto became my home and the only place I knew for a really important part of my life. Fast forwarding to October 16th 2018 we arrived at the airport. Reported to the immigration office and we were given a paper to sign. The paper said “ deportation” which shouldn’t be. Because what the officer said to us was that we were given a removal letter. I asked him plenty of times and he re assured me it was not deportation. Once given the paper to sing it was “ deportation” into which I asked the guy and he said a removal order was a deportation. We left Canada and arrived in London with no plan no money and the last 6 years of our lives in luggage, my mom had gone to travel care since we are homeless with nothing here. They sent us out on a train with 7 luggage’s being carried out by 3 women to a housing options office, to which we dragged everything to, exhausted, dehydrated and hungry only to be told we had to go to another office, dragged everything again hours and hours later we arrived to another housing office and we presented our papers to a person there who told us we were not eligible for any help. My mom broke down in tears and so did I because here we are in a country we do not know. We went from having everything a month ago to nothing today and we were told to leave hopelessly. My mom went to child services since my sister is a minor and they were able to place us in a motel for a few days until we figure out what to do. That is my story. But this is what is happening now.

I am 19 years old right now, I had no idea about the refugee claim or the humanitarian case nor how any of it works. Everything I know now is from researching online and this forum. My plan now is to return to Canada where I have my friends my fiancé who I plan to marry in the future and everything I am attached to. I have asked my mom plenty of times about the status of the application and she says all she’s gotten is a letter saying it was received. Our lawyer is aware of everything going on and has told us to send an update in 3 weeks. It’s been 4 days here in London and I have never been more miserable, I have fallen into a deep depression and I go days with barely anything to eat, I have been crying non stop and I have been harassed by strangers in the area we are staying. My little sister got sick and she is throwing up non stop and does nothing but sleep all day and I think that is because of everything going on.

My question now is how can We get back to Canada. From wht I read the chances of h&c getting approved are very low. But I would like to know our options. Do we have a chance at our case? My little sister was pulled out of 11th grade and pulled from her friends. She was diagnosed with an anxiety disorder and my mom is diagnosed with depression. Would that do anything to our case? My fiancé has said that he can sponsor me after we get married but I want to know what would our chances be of getting approved. I personally don’t want to be here. Yes we started from 0 in Canada too but we had an aunt there, we had friends there who helped us when we arrived so we had something there. I am very sorry with how messy this is but I know close to nothing about what is going on. What I explained here is what I have been told from my mom and the lawyer. I am very scared that something will happen to us here and I have started to have suicidal thoughts. I cry myself to sleep every night and my fiancé is having a really hard time as well. He pulled himself from school until next semester because he could not focus and has been crying with me since then. My heart aches because it feels like I don’t belong anywhere. Thank you for reading I hope you guys can help.
The fact is that you never had a chance at getting refugee status in Canada because of your British citizenship. Your mother was "shopping" for her preferred country to live in and essentially filed a false refugee claim. It may suck to hear it but her poor choices put you in a bad spot. A removal order is automatic when a refugee claim is made; it is rescinded if the claim is approved or put into effect if the claim is refused/withdrawn. You and your family will need ARCs to return to Canada.

An H&C app has very low chances. There is nothing you can do but wait.

If you marry your partner, he can sponsor you. You may eventually qualify to sponsor your mother. By that time, your sister will likely have aged out as a dendent, so she would need to qualify to immigrate on her own merits.
 

Hannita123

Newbie
Oct 20, 2018
6
0
The fact is that you never had a chance at getting refugee status in Canada because of your British citizenship. Your mother was "shopping" for her preferred country to live in and essentially filed a false refugee claim. It may suck to hear it but her poor choices put you in a bad spot. A removal order is automatic when a refugee claim is made; it is rescinded if the claim is approved or put into effect if the claim is refused/withdrawn. You and your family will need ARCs to return to Canada.

An H&C app has very low chances. There is nothing you can do but wait.

If you marry your partner, he can sponsor you. You may eventually qualify to sponsor your mother. By that time, your sister will likely have aged out as a dendent, so she would need to qualify to immigrate on her own merits.
Thank you for your response, right now I am just hopeless because I know nothing about this country. How long do I have to wai
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Agreed that you will need to apply for an ARC if you wish to return to Canada because of the failed refugee claim. (Your mother and sister will have to do the same.) You can find information about the ARC process here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html

Your fiance will be able to sponsor you for PR once you are either married or common law (common law means you have lived together continuously for at least one year).

Also agree that the refugee claim never had a chance of succeeding since you have British citizenship. Unfortunately it was a mistake to apply.
 

Hannita123

Newbie
Oct 20, 2018
6
0
My mom was wrongly advised to apply. But I want to know what I should use to accompany the arc. I want to live there. I want to be able to go back and live there because I do not want to marry in a rush for papers. I want to do it the right way. I have British papers and from what I’ve seen online I do not need another application since the uk is visa free
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My mom was wrongly advised to apply. But I want to know what I should use to accompany the arc. I want to live there. I want to be able to go back and live there because I do not want to marry in a rush for papers. I want to do it the right way. I have British papers and from what I’ve seen online I do not need another application since the uk is visa free
Given your age, your options for being able to live in Canada right now are extremely limited. You won't qualify for any immigration program right now. Your only realistic option would be to obtain a study permit to study in Canada as an International Student. This won't be that easy, however. The failed refugee claim will likely make it difficult to be approved. Also, the study permit is a very expensive option for living in Canada since you'll need to pay international student fees to study in Canada. You'll need to show a bank balance of at least $25,000 to be approved.

The UK is technically visa free to VISIT Canada temporarily as a tourist but this will not allow you to live here or stay here long term. To visit Canada you will need to apply for something called an eTA (you will not be able to board an airplane for Canada without an approved eTA). Before the eTA can be approved, your ARC will need to be approved first. The ARC process will cost you $400 and likely take a number of months to process.
 

Hannita123

Newbie
Oct 20, 2018
6
0
Given your age, your options for being able to live in Canada right now are extremely limited. You won't qualify for any immigration program right now. Your only realistic option would be to obtain a study permit to study in Canada as an International Student. This won't be that easy, however. The failed refugee claim will likely make it difficult to be approved. Also, the study permit is a very expensive option for living in Canada since you'll need to pay international student fees to study in Canada. You'll need to show a bank balance of at least $25,000 to be approved.

The UK is technically visa free to VISIT Canada temporarily as a tourist but this will not allow you to live here or stay here long term. To visit Canada you will need to apply for something called an eTA (you will not be able to board an airplane for Canada without an approved eTA). Before the eTA can be approved, your ARC will need to be approved first. The ARC process will cost you $400 and likely take a number of months to process.
I’m sorry for asking so muchhhh but what if I married my partner here in the uk and he from here filed the papers to sponsor me so we can return together ? He says he will do anything possible to get me to be with him even if it means marrying this year. I will look into what an eTA is. And see my chances. This whole process is so exhausting.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I’m sorry for asking so muchhhh but what if I married my partner here in the uk and he from here filed the papers to sponsor me so we can return together ? He says he will do anything possible to get me to be with him even if it means marrying this year. I will look into what an eTA is. And see my chances. This whole process is so exhausting.
You can do that but you won't be able to return to Canada immediately. You'll still need to go through the ARC process before you can return to Canada. The sponsorship process generally takes somewhere between 8-12 months to process. Your would take longer since time will be required for the ARC.
 

jomz

Hero Member
May 3, 2011
723
52
I’m sorry for asking so muchhhh but what if I married my partner here in the uk and he from here filed the papers to sponsor me so we can return together ? He says he will do anything possible to get me to be with him even if it means marrying this year. I will look into what an eTA is. And see my chances. This whole process is so exhausting.
Indeed it’s a very sad story, but I think realistically looking forward you should apply for the ARC only and try to settle yourself in the UK. Once the ARC is approved you can try to apply for IEC visa which would allow you to come and work in Canada. Not sure if British citizens get a 1 or 2 year open work permit, others can comment.

Be strong, be there for your mom and your sister. It will eventually all be ok. Give UK a chance, maybe you’ll like it there , job market is good there , it is a bit expensive but once you get in touch with some organizations they will certainly help you get settled.

Good luck and God bless you.
 
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canuck78

VIP Member
Jun 18, 2017
55,589
13,522
You and your husband would also have to be able to show how you would support yourselves without government help. Best thing you both should do is get back to school or work..
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Indeed it’s a very sad story, but I think realistically looking forward you should apply for the ARC only and try to settle yourself in the UK. Once the ARC is approved you can try to apply for IEC visa which would allow you to come and work in Canada. Not sure if British citizens get a 1 or 2 year open work permit, others can comment.

Be strong, be there for your mom and your sister. It will eventually all be ok. Give UK a chance, maybe you’ll like it there , job market is good there , it is a bit expensive but once you get in touch with some organizations they will certainly help you get settled.

Good luck and God bless you.
There is little chance of the ARC being approved unless it is attached to a PR app. OP is way too high risk to overstay.
 
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