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

[Katayoon]

Kindly remember that H&C arguments are made on the the grounds IF REMOVED FROM CANADA

I saw this information online


Factor 3: Best Interests of a Child
The officer must take into consideration the best interests of any child that can be affected by your removal from Canada. This can mean emotional wellbeing, physical and health safety, social and cultural wellbeing and development

The child can be:

• Your child
• Your grandchildren or other children in your family you are close to
• Any children you have a close relationship with

Examples affecting the best interest of a child:

• Child’s age
• Closeness of the relationship between you and the child
• Child’s establishment in Canada
• Weak link between child and country of origin
• Conditions in the country of origin that could impact the child. ————————Please take note of the factor in Bold italic

Yes, best of interest of children outside Canada are also considered for HC. My partner's HC was based on best interest of all children - in Canada and outside. For children outside Canada, his argument was economic - that he would not be able to support them financially the way he does now. We attached money transfer copies and letters from his family as proof of how important Canadian $ is for their education.

 

[Swagzzy]

Yes, best of interest of children outside Canada are also considered for HC. My partner's HC was based on best interest of all children - in Canada and outside. For children outside Canada, his argument was economic - that he would not be able to support them financially the way he does now. We attached money transfer copies and letters from his family as proof of how important Canadian $ is for their education.

Thanks for adding your thoughts on this.

 

[bella12]

My family applied for open work and study permit with H&C AIP and it took 6 weeks

Do you mind me asking what kind of open work permit you are referring to?

Correct me if I am wrong, did you apply Travel Resident Permit ( TRP) and work permit(WP), and study permit(SP). That is the only way I know one can restore back their status to get a study permit and work permit after being out of status for a long time. But first, one has to demonstrate that they are working toward sorting out their "out of status" situation. This is where H&C comes into the equation.

 

[wello711]

Do you mind me asking what kind of open work permit you are referring to?

Correct me if I am wrong, did you apply Travel Resident Permit ( TRP) and work permit(WP), and study permit(SP). That is the only way I know one can restore back their status to get a study permit and work permit after being out of status for a long time. But first, one has to demonstrate that they are working toward sorting out their "out of status" situation. This is where H&C comes into the equation.

Applying and getting work permit or study permit under h&c, and applying for a temporary resident permit ( TRP ) to staying in canada as a visitor ( TRP with visitor status ) or foreign worker ( TRP with work permit ) or international student ( TRP with a study permit ) its not the same thing.

 

[scylla]

Do you mind me asking what kind of open work permit you are referring to?

Correct me if I am wrong, did you apply Travel Resident Permit ( TRP) and work permit(WP), and study permit(SP). That is the only way I know one can restore back their status to get a study permit and work permit after being out of status for a long time. But first, one has to demonstrate that they are working toward sorting out their "out of status" situation. This is where H&C comes into the equation.

Once an H&C applicant has AIP, they qualify for an open work permit.

 

[bella12]

Once an H&C applicant has AIP, they qualify for an open work permit.

That makes perfect sense!

 

[bella12]

Applying and getting work permit or study permit under h&c, and applying for a temporary resident permit ( TRP ) to staying in canada as a visitor ( TRP with visitor status ) or foreign worker ( TRP with work permit ) or international student ( TRP with a study permit ) its not the same thing.

Thanks for the response. That makes perfect sense!

 

[bella12]

Applying and getting work permit or study permit under h&c, and applying for a temporary resident permit ( TRP ) to staying in canada as a visitor ( TRP with visitor status ) or foreign worker ( TRP with work permit ) or international student ( TRP with a study permit ) its not the same thing.

I am yet to receive my AOR. IRCC receive my application 4th of October. Do you mind me asking how long it took for your to receive your AOR and how they did send it to you (email or mail)?

 

[wello711]

I am yet to receive my AOR. IRCC receive my application 4th of October. Do you mind me asking how long it took for your to receive your AOR and how they did send it to you (email or mail)?

I got my AOR after around 2 weeks from the date they received the application and they sent AOR to my lawyer by Email

 

[bella12]

I got my AOR after around 2 weeks from the date they received the application and they sent AOR to my lawyer by Email

Today will be my 3rd week after Canada post delivered my application to IRCC. It was an address in Richmond I notice Canada post delivered it to. I remember I chatted with you about it few weeks ago and you said your application was also delivered to Richmond via FedEx. You said there is nothing to worry about that how it is delivered. I am yet to receive a copy of my AOR. I notice that most people receive AOR after 1 month. In my previous application, it took about 2 months before sent AOR to my previous lawyer.

Should I be worried or should I give them more time?

 

[wello711]

Today will be my 3rd week after Canada post delivered my application to IRCC. It was an address in Richmond I notice Canada post delivered it to. I remember I chatted with you about it few weeks ago and you said your application was also delivered to Richmond via FedEx. You said there is nothing to worry about that how it is delivered

I am yet to receive a copy of my AOR. Should I be worried or should I give them more time?

Yes.. i remember
don't worry many and many applicants did not receive AOR yet, they applied before 2 and 3 months... and yes it was also richmond in my fedex account.
I'm pretty sure that you have verified the address before sending the file so you don't have to worry and you also received the confirmation from CanadPost

 

[bella12]

Yes.. i remember
don't worry many and many applicants did not receive AOR yet, they applied before 2 and 3 months... and yes it was also richmond in my fedex account.
I'm pretty sure that you have verified the address before sending the file so you don't have to worry and you also received the confirmation from CanadPost

Sounds good.Thanks for the swift response!

 

[SpiritualWonderBoy]

I am yet to receive my AOR. IRCC receive my application 4th of October. Do you mind me asking how long it took for your to receive your AOR and how they did send it to you (email or mail)?

the current AOR right now is about 2 months exact

 

[canuck78]

Thanks for your contribution. This is one of the reasons why I love this forum. We share lots of information and enlighten ourselves. Having said that, the lawyers have clearer interpretation. My counsel just reiterated that the just does NOT have to be in Canada as long as he/she is your child and under 18 years of age.
He added that there is no ambiguity in it and that he had filed many applications like that.
I hope this information will be useful to someone in my shoes.
Thanks and Regards.

Children don’t have to be in Canada but if your children are outside Canada the argument tends to be weaker that they need to come to Canada.

 

[Ayanna]

@Juneplum did you received your rcmp fingerprints certificate yet

I’m helping someone with stage 2 process Niagara Falls office requested rcmp fingerprints too I was wondering how long will take for rcmp send the fingerprints certificate now days it’s say 1 to 14 business days but in some places it’s say 1 to 4 months I’m confused now
Anyone have recently experience please share