Humanitarian

[Bassamazzam]

My asylum application was refused and I appealed the decision .
Today I found 2 letters in my box.
In one letter Appeal rejected and in the other I found my work permit for me and my wife.
I have 3kids underage and want to apply for humanitarian consideration but the problem is that both me and my wife are not working yet and not paid any taxes .we have been in canada for only 6 months and got the working permit only today.
So we don't have much ties in canada and did not establish life here because we did not have enough time .
Will the immigration people looking our humanitarian application consider our situation.

 

[key78]

It depends on what the reasons are for the refusal. If they are major reasons, then you may even not be able to apply for Humanitarian.

 

[key78]

Also, you need the lawyer at this stage especially after a refusal. You need someone who's expert in immigration laws as you may need to go to higher courts such as the federal one.

 

[Bassamazzam]

Key7
Thank you
It was refused because the judge believe in some areas I was not credible.i got an appointment with immigration lawyer by tomorow

 

[Buletruck]

I might be mistaken, but I believe at this point it needs to go to the Federal Court and you will require a lawyer. I don't believe (and I might be wrong) that they will accept a case that is anything other than procedural or processing errors at this point in time. Check with a lawyer on this for sure.

 

[Bassamazzam]

Bluetruck
Thank you for response.
The case was rejected by the federal court but now I want to apply for humanitarian consideration. Do I have a chance?

 

[Buletruck]

I don't believe so. I think after the Federal Court refuses, you are out of options. Again, go get a lawyer.

 

[Dhudson]

I don't believe so. I think after the Federal Court refuses, you are out of options. Again, go get a lawyer.

+1
I don't know your case but there could be the reasons to apply H&C:

1. One of your family member have serious health problem and you cannot get help in your return(home) country.
2. Huge changes happened in your home country for last 6 months and you cannot come back because its danger/discrimination and etc for you or for family member.
3. the best interests of any children involved, and what could happen to the applicant if the request is not granted:
It is floating the concept but here is one good example:
H&C application example (child interest):
"One of family member (boy 14 years old) was found genius in math. Canadian school members, Hon. member of Canadian Royal University and Member Parliament sent support letters with H&C application to Minister of Immigration, CIC and Minister of education about that boy + lawyer explanation and prove that that child will loss his endowment in his home country.


Unfortunately and usually 6 months its not enough time to show up your settled and hard ties in Canada.

But H&C ground application its for people who with exceptional cases and you still can apply.

Regards,
DHudson.

 

[Omar_ahmed]

+1
I don't know your case but there could be the reasons to apply H&C:

1. One of your family member have serious health problem and you cannot get help in your return(home) country.
2. Huge changes happened in your home country for last 6 months and you cannot come back because its danger/discrimination and etc for you or for family member.
3. the best interests of any children involved, and what could happen to the applicant if the request is not granted:
It is floating the concept but here is one good example:
H&C application example (child interest):
"One of family member (boy 14 years old) was found genius in math. Canadian school members, Hon. member of Canadian Royal University and Member Parliament sent support letters with H&C application to Minister of Immigration, CIC and Minister of education about that boy + lawyer explanation and prove that that child will loss his endowment in his home country.


Unfortunately and usually 6 months its not enough time to show up your settled and hard ties in Canada.

But H&C ground application its for people who with exceptional cases and you still can apply.

Regards,
DHudson.

Hi Dhudson,

I have question and I was hoping if you can answer it. I'm still waiting to be selected in Express Entry pool, but I don't have much time and applying for H&C might be my last option.

Currently working and living in Canada. Can an applicant for H&C keep working while waiting to hear back from CIC? My job is my only source of income and I can't afford to be unemployed!!

Thanks,

 

[canuck_in_uk]

I have question and I was hoping if you can answer it. I'm still waiting to be selected in Express Entry pool, but I don't have much time and applying for H&C might be my last option.

Currently working and living in Canada. Can an applicant for H&C keep working while waiting to hear back from CIC? My job is my only source of income and I can't afford to be unemployed!!

Submitting an H&C app does not give you the right to work. If you don't qualify for a work permit extension, you will need to stop working when your current work permit expires.

 

[Dhudson]

Submitting an H&C app does not give you the right to work. If you don't qualify for a work permit extension, you will need to stop working when your current work permit expires.

+1
Just would like to add : Unfortunately submitting an H&C app does not give you nothing until you get and IF you get AIP (approved-in-principle).

DHudson,

 

[Ottawa-applicant]

Submitting an H&C app does not give you the right to work. If you don't qualify for a work permit extension, you will need to stop working when your current work permit expires.

What if you applied before the expiry date of the current WP, aren't you in Implied status until decision is rendered?

 

[Dhudson]

What if you applied before the expiry date of the current WP, aren't you in Implied status until decision is rendered?

I have answered :
H&C app does not give you nothing (NO STATUS) until you get and IF you get AIP (approved-in-principle).

DHudson.

 

[canuck_in_uk]

What if you applied before the expiry date of the current WP, aren't you in Implied status until decision is rendered?

He doesn't qualify for another work permit, so it would be an incomplete application that would not be successful. If rejected as incomplete, any work completed after the original work permit expired would be illegal.

 

[Ottawa-applicant]

I have answered :
H&C app does not give you nothing (NO STATUS) until you get and IF you get AIP (approved-in-principle).

DHudson.

thanks for clarifying. your saying anyone apply for H&C should stay home until decision is rendered? how anyone could support hims/herself and their families while waiting.