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

[canuck78]

The reason I asked here is, I want to hear real opinions. My lawyer is encouraging me to apply under H&C, he told that I have pretty decent chance. I am aware that he wants my money, but also lots of my Serbian friends got approved H&C with him. For instance, my neighbour got approved 2 years ago for best interest of child, their child is not disabled like mine.

Immigration in Canada is incredibly different than it was just a year ago. Getting H&C approved in 2023 and probably applying during 2021/22 is entirely different to current day. You and your spouse need to upskill asap. Learn French, increase your English skills, move to a rural community or another province, your spouse can go back to school and do something in healthcare, etc. There is probably 70k (may be larger) in the H&C category waiting for 10k spots this year, 6.5k in 2026 and 4.5k in 2027. They have started deporting people waiting for H&C if they no longer have status which never happened. You need to research all immigration programs and have a concrete plans that will be hard and a lot of effort. May involve leaving the GTA. Is your spouse working? Is your child in school? Not ideal but many parents switch off between one being at home and the other working out of necessity or at least there may be some language courses to take during daytime or evening hours.

 

[canuck78]

Yes it is possible.

You would have technically still received AOR you just may not have realized it.

 

[wiener]

Immigration in Canada is incredibly different than it was just a year ago. Getting H&C approved in 2023 and probably applying during 2021/22 is entirely different to current day. You and your spouse need to upskill asap. Learn French, increase your English skills, move to a rural community or another province, your spouse can go back to school and do something in healthcare, etc. There is probably 70k (may be larger) in the H&C category waiting for 10k spots this year, 6.5k in 2026 and 4.5k in 2027. They have started deporting people waiting for H&C if they no longer have status which never happened. You need to research all immigration programs and have a concrete plans that will be hard and a lot of effort. May involve leaving the GTA. Is your spouse working? Is your child in school? Not ideal but many parents switch off between one being at home and the other working out of necessity or at least there may be some language courses to take during daytime or evening hours.

The majority of this backlog is parent/grandparent and sibling cases. I have hard time understanding why reforms are not implemented in H and C program. If the current trend continue, applicants will just receive AIP if they have compelling factors to stay such as BIOC and second stage will be delayed for years. What ideally should happen is all H and C cases not involving BIOC to be removed from backlog.

 

[canuck78]

The majority of this backlog is parent/grandparent and sibling cases. I have hard time understanding why reforms are not implemented in H and C program. If the current trend continue, applicants will just receive AIP if they have compelling factors to stay such as BIOC and second stage will be delayed for years. What ideally should happen is all H and C cases not involving BIOC to be removed from backlog.

BIOC is even too broad. Everyone with a child who is in Canada can make some sort of BIOC case and huge variability on approval between who is evaluating the case. Also plenty of non-parent and sibling cases in the pool.

 

[wiener]

BIOC is even too broad. Everyone with a child who is in Canada can make some sort of BIOC case and huge variability on approval between who is evaluating the case. Also plenty of non-parent and sibling cases in the pool.

BIOC is crucial factor in H and C application that the decision maker must consider. All courts in Canada have emphasized that BIOC must be primary consideration in H and C. If BIOC is combined with other factors such as hardship in country of origin and establishment, this will make strong H and C case that can not be simply refused. I still believe that majority of cases in the pool are parent/grandparent and sibling cases.

 

[need-aip]

@canuck78
Can I use my AIP as study permit or I need to apply study permit?

 

[WellWell2021]

@canuck78
Can I use my AIP as study permit or I need to apply study permit?

You need to apply for a study permit from within Canada using IMM5709 Form

 

[need-aip]

You need to apply for a study permit from within Canada using IMM5709 Form

I have open work permit how can i have a work permit and study permit togather.

 

[canuck78]

BIOC is crucial factor in H and C application that the decision maker must consider. All courts in Canada have emphasized that BIOC must be primary consideration in H and C. If BIOC is combined with other factors such as hardship in country of origin and establishment, this will make strong H and C case that can not be simply refused. I still believe that majority of cases in the pool are parent/grandparent and sibling cases.

Having read the more recent JRs BIOC is not necessarily enough. There now typically needs to be another element. Canadian born certainly helps but doesn’t guarantee stay of parents, concrete longterm well documented proof of chronic medical issues that can not be addressed at home, length of stay in Canada (although depending on age that may mean child is the one with the real chance of H&C and should file their own application, etc.), etc. Realistically many will likely be targeted for removal while their H&C case plays out so many will give up.

 

[bella12]

Is it possible to receive AIP without receiving AOR?

If anybody tells you it is possible, run away from that person ASAP.

First and foremost, AOR is the "first " document IRCC issues to all applicants. It takes weeks or months. Don't expect to fast.

Second document IRCC sends to applicants is your Biometric letter . This takes months.

After above, the next document is your medical letter. This take almost a year or more than ( depending on how complexity of your case)

Base on the information above, expect AIP to approve beyond a year.It is after all of the above you can receive AIP if all application is approved.

 

[well being]

I have open work permit how can i have a work permit and study permit togather.

Did you get OWP after AIP? if so, how long did it take to receive OWP?

 

[puppyprinter]

BIOC is crucial factor in H and C application that the decision maker must consider. All courts in Canada have emphasized that BIOC must be primary consideration in H and C. If BIOC is combined with other factors such as hardship in country of origin and establishment, this will make strong H and C case that can not be simply refused. I still believe that majority of cases in the pool are parent/grandparent and sibling cases.

And many are just parents that just arrived here with zero ties to the country..

 

[need-aip]

Did you get OWP after AIP? if so, how long did it take to receive OWP?

I applied before 3 months of expiration of my work permit it will expire in july i am still waiting.
I had work permit before i got AIP.

 

[puppyprinter]

If anybody tells you it is possible, run away from that person ASAP.

First and foremost, AOR is the "first " document IRCC issues to all applicants. It takes weeks or months. Don't expect to fast.

Second document IRCC sends to applicants is your Biometric letter . This takes months.

After above, the next document is your medical letter. This take almost a year or more than ( depending on how complexity of your case)

Base on the information above, expect AIP to approve beyond a year.It is after all of the above you can receive AIP if all application is approved.

What is confusing me is my status says my background check is processing but I have received no medical request nor have had a stage 1 decision.

 

[HNC1313]

What is confusing me is my status says my background check is processing but I have received no medical request nor have had a stage 1 decision.

This is common in these days , A person who submitted in Feb 2025 got AOR & biometric in sane month , currently his status shows his background is in process too .