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

hurricane_loop

Star Member
May 7, 2017
71
9
HI,
I was Refugee Claimant, my Claim rejected in November 2016, then they transferred me to apply for judicial review directly, and that one dismissed also in February 2017. then I applied to H&C May 2017.
I got my work permit before my Refugee hearing October 2016.

A question?
MY Work Permit is Expiring August. and My H&C still In Process, MY employer don't extend the contract after August as I don't have legal status after that. (And there was a Permanent Position in my team in the company that I Couldn't apply for it, as HR says that I'm ineligible applying for that).

So how you can you afford with a family(partner & 2 kids) if my Work permit expires, CIC doesn't grant a Work Permit. and H&C PR requirement is not going to seek for social assistance?

Any Advise!
Thanks
 

TheWaitingGamer

Star Member
Mar 21, 2018
147
69
Canada
Category........
App. Filed.......
01-2017
Doc's Request.
01-2018 Schedule A
AOR Received.
AIP 07-2017
Med's Request
01-2018
Med's Done....
01-2018
Passport Req..
06-2018
HI,
I was Refugee Claimant, my Claim rejected in November 2016, then they transferred me to apply for judicial review directly, and that one dismissed also in February 2017. then I applied to H&C May 2017.
I got my work permit before my Refugee hearing October 2016.

A question?
MY Work Permit is Expiring August. and My H&C still In Process, MY employer don't extend the contract after August as I don't have legal status after that. (And there was a Permanent Position in my team in the company that I Couldn't apply for it, as HR says that I'm ineligible applying for that).

So how you can you afford with a family(partner & 2 kids) if my Work permit expires, CIC doesn't grant a Work Permit. and H&C PR requirement is not going to seek for social assistance?

Any Advise!
Thanks

Hello,
Have you right to ask for PRRA? If yes you would have to wait 1 year after your judicial review dismissed to filed your PRRA. Meanwhile you can still working.
What I did in this case, was to applied for another open work permit, with a letter to explained to IO that I need to work to take care of my child while waiting for prra, and they renew my work permit for 2years.

Even with 2 years work permit I couldn't applied for permanent job, I steel working in the same place but they will not offer permanence until I become PR.

In my opinion, you must apply for a renewal at least 2 month before your actual permit expire, and show the application then the new permit to your employer in order to extend your contract.

I wish you best of luck! I been in your feet 2 years ago, without any partner to support and i was awful, but I know that it's gonna be alright by God grace.
 
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hurricane_loop

Star Member
May 7, 2017
71
9
Hello,
Have you right to ask for PRRA? If yes you would have to wait 1 year after your judicial review dismissed to filed your PRRA. Meanwhile you can still working.
What I did in this case, was to applied for another open work permit, with a letter to explained to IO that I need to work to take care of my child while waiting for prra, and they renew my work permit for 2years.

Even with 2 years work permit I couldn't applied for permanent job, I steel working in the same place but they will not offer permanence until I become PR.

In my opinion, you must apply for a renewal at least 2 month before your actual permit expire, and show the application then the new permit to your employer in order to extend your contract.

I wish you best of luck! I been in your feet 2 years ago, without any partner to support and i was awful, but I know that it's gonna be alright by God grace.
Hi,
I'm ineligible to apply for PRRA, as I came to Canada from a safe third country, and made Refugee Claim at the border. as this a point in PRRA (
Other ineligible persons)
And Actually I did apply for renewal as the 1st work permit was until June, and they only extended 50 days more until August. and my first contract was until June then now the Employer updated my contract for the new work permit until August. For now, I'm fine to get even 1 year more. I am not asking for Permanent until I get the PR.
 

D_8rane

Star Member
Apr 12, 2018
114
16
HI,
I was Refugee Claimant, my Claim rejected in November 2016, then they transferred me to apply for judicial review directly, and that one dismissed also in February 2017. then I applied to H&C May 2017.
I got my work permit before my Refugee hearing October 2016.

A question?
MY Work Permit is Expiring August. and My H&C still In Process, MY employer don't extend the contract after August as I don't have legal status after that. (And there was a Permanent Position in my team in the company that I Couldn't apply for it, as HR says that I'm ineligible applying for that).

So how you can you afford with a family(partner & 2 kids) if my Work permit expires, CIC doesn't grant a Work Permit. and H&C PR requirement is not going to seek for social assistance?

Any Advise!
Thanks
Im a refugee claimant too. Mine was rejected this month and I have yet to appeal. Meantime, I renewed my work permit. Also thinking about h&c but im hoping and praying that my appeal will be approved. Do you have a lawyer right now? Maybe you can attach a reason for you to extend your work permit to provide for your family as well. May I know how much did you pay for the h&c application if you have a lawyer? Thank you and wish you all the best! :)
 

TheWaitingGamer

Star Member
Mar 21, 2018
147
69
Canada
Category........
App. Filed.......
01-2017
Doc's Request.
01-2018 Schedule A
AOR Received.
AIP 07-2017
Med's Request
01-2018
Med's Done....
01-2018
Passport Req..
06-2018
Hi,
I'm ineligible to apply for PRRA, as I came to Canada from a safe third country, and made Refugee Claim at the border. as this a point in PRRA (
Other ineligible persons)
And Actually I did apply for renewal as the 1st work permit was until June, and they only extended 50 days more until August. and my first contract was until June then now the Employer updated my contract for the new work permit until August. For now, I'm fine to get even 1 year more. I am not asking for Permanent until I get the PR.
I understand! did you joined a letter to explained your situation on your work permit application? sometime it help a lot. you must tell them that you don't want to be on welfare, you want to keep working because you have no other incomes source.

Did your work permit mention "don't provide a statut" ?
 

hurricane_loop

Star Member
May 7, 2017
71
9
Im a refugee claimant too. Mine was rejected this month and I have yet to appeal. Meantime, I renewed my work permit. Also thinking about h&c but im hoping and praying that my appeal will be approved. Do you have a lawyer right now? Maybe you can attach a reason for you to extend your work permit to provide for your family as well. May I know how much did you pay for the h&c application if you have a lawyer? Thank you and wish you all the best! :)
Hi D_8rane!
I applied H&C myself, but I know got a lawyer to update the file, as I need him and want to improve my factors, and get some advises regarding my temporary situation and work permit situation.
he just took below 1000 $ for all of that.
what do you attach a reason to update my work permit?

Thanks
 

hurricane_loop

Star Member
May 7, 2017
71
9
I understand! did you joined a letter to explained your situation on your work permit application? sometime it help a lot. you must tell them that you don't want to be on welfare, you want to keep working because you have no other incomes source.

Did your work permit mention "don't provide a statut" ?
Hi TheWaitingGamer!
I think I joined only my original job contract, and said that the employer has the intension to extend the contract more if I need valid work permit until next year.
my work permit says "THIS DOCUMENT DOES NOT CONFER TEMPORARY RESIDENT STATUS".

Regards
 

D_8rane

Star Member
Apr 12, 2018
114
16

Alien_walkingalone

Hero Member
Jul 9, 2015
267
33
Dear I am not so good ! My mother got cancer and she needs to treat fast but we didn’t hear back anything for her application! I have been paying with my pocket for her doctors and a lot of test ! I am totally broken I was not ready for this ! Asking help from God depesretely!
 

Vicky1993

Full Member
Apr 28, 2018
25
5
Hi everybody! I came with my husband 6 years ago in Canada and we made a refugee claim but after the hearing the decision was negative. Also when we came here i found out that i was pregnant and we made an appeal and H&C grounds application both of them the same time because i had the baby and it was in best interests of the child. The appeal was also denied and we were ready to be deported without hearing anything from the h&c case. One day before we would have been deported we received an approval letter that the h&c was approved (the first stage). The second one with medical etc.. came after six months and after we send everything back they sent us 4 months later for the pr interview so we got our pr. We have paid for everything to the lawyer so much money but at least we were successful. Also, I have a question if anybody knows. I haven't traveled anyway those years and we are already pr residents 3 years now and i want to travel to my back home. At the cic when we got our pr they told us that we can travel in our countries because our refugee claim was rejected. Does anyone know if i am putting my pr in risk if i travel to my backhome?
 

Alurra71

VIP Member
Oct 5, 2012
3,239
306
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Hi everybody! I came with my husband 6 years ago in Canada and we made a refugee claim but after the hearing the decision was negative. Also when we came here i found out that i was pregnant and we made an appeal and H&C grounds application both of them the same time because i had the baby and it was in best interests of the child. The appeal was also denied and we were ready to be deported without hearing anything from the h&c case. One day before we would have been deported we received an approval letter that the h&c was approved (the first stage). The second one with medical etc.. came after six months and after we send everything back they sent us 4 months later for the pr interview so we got our pr. We have paid for everything to the lawyer so much money but at least we were successful. Also, I have a question if anybody knows. I haven't traveled anyway those years and we are already pr residents 3 years now and i want to travel to my back home. At the cic when we got our pr they told us that we can travel in our countries because our refugee claim was rejected. Does anyone know if i am putting my pr in risk if i travel to my backhome?
As long as you did NOT receive your PR based on the refugee claim then you are safe to travel to your home country. You stated you applied for and received your PR based on an H & C application. If this is the case, then you're fine.
 
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Vicky1993

Full Member
Apr 28, 2018
25
5
As long as you did NOT receive your PR based on the refugee claim then you are safe to travel to your home country. You stated you applied for and received your PR based on an H & C application. If this is the case, then you're fine.
Thank you very much! Yes i received the pr based on h&c grounds and the code at the pr is HC1. The refugee claim was rejected so thank you for your response!
 

TheWaitingGamer

Star Member
Mar 21, 2018
147
69
Canada
Category........
App. Filed.......
01-2017
Doc's Request.
01-2018 Schedule A
AOR Received.
AIP 07-2017
Med's Request
01-2018
Med's Done....
01-2018
Passport Req..
06-2018
Dear I am not so good ! My mother got cancer and she needs to treat fast but we didn’t hear back anything for her application! I have been paying with my pocket for her doctors and a lot of test ! I am totally broken I was not ready for this ! Asking help from God depesretely!
Hello Alien,

I'm so so sorry to hear that your mom don't doing well, this is realy sad news, you must be desperate right now with all those troubles. Keep faith for your mom, I know how expensive medical fees can be for foreigner. Did you find some resources to help you with the cost? or did you keep your mother private health coverage?

My prayers go to you and your mom.
 
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D_8rane

Star Member
Apr 12, 2018
114
16
Hello,

Sorry for late reply, I'm living in Canada for 10 years now and I applied my refugee claim Two years and half ago with a lawyer but it's failed. But before the refusal I asked for a work permit and I got it for 1 year then for 2 years. Meanwhile I worked on my HC case for almost a year to make sure my story is well explained with all the prouf to support my case before applying. It's took much Time but it worth it. It took 6 month for AIP and a year for medical request. I still working with my second work permit.
Hi. You said you worked for your h&c case for almost a year. How did you stay here without being deported even with a work permit? Did you make an appeal while working on your h&c? Thanks
 

hurricane_loop

Star Member
May 7, 2017
71
9
Hi. You said you worked for your h&c case for almost a year. How did you stay here without being deported even with a work permit? Did you make an appeal while working on your h&c? Thanks
Yes I dont understand how people here can survive without work permit. How you can live in this country with a family and your staus still not clear.