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

canuck78

VIP Member
Jun 18, 2017
39,187
9,158
hi seems you dont understand the situation but thank you for your reply. She has extension before but she cannot extend another extension again as her Validity of her Visa on her Passport will expire so no need for extension because the last extension is 6 months and the validity of her Visa is only 6 months now.
I do understand the situation which is why I keep explaining to apply for another extension. A valid visa is required to enter Canada. If already in Canada you need to apply for an extension. She needs a new passport if hers is expiring in 6 months. She’ll only get an extension until the expiry date of her passport.
 

canuck78

VIP Member
Jun 18, 2017
39,187
9,158
@ Ayanna Thank you for your reply . No we never get welfare or assistance from government.
Do you and your partner have a work history in Canada? If you can show this is a temporary break in employment due to covid that is very different than having no longterm work experience in Canada. Would obviously be better for your partner to secure a job now that the economy is opening up and there is a lot more hiring.
 

canuck78

VIP Member
Jun 18, 2017
39,187
9,158
My problem is not to find another center to help. My problems is that with the schools open and closing I had to stay at home with my child. I sent some photos of me when I was able to help but I couldn’t keep helping.

thanks you so much Ayanna! You are always sharing some light.

your words brings me relief! My lawyer told me something like that but hearing it from someone that doesn’t have any financial interest in my case is different, you know?
thank you so much!
When did you arrive in Canada? Have you only been a visitor? Do you have a WP?
 

Katayoon

Hero Member
Nov 19, 2011
936
737
Job Offer........
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Not disagreeing that a SAH mother is not a tough job. Parental leave would be viewed differently as a SAH mother. If your spouse is working and supporting the family then it isn’t a big deal. If both spouses are not working and you are a SAH mother that is a different situation. The goal is to show that you will be able to support yourselves longterm without government help so it is best to have at least one parent working full-time. With parental leave you still have a job to return to and are receiving payment plus your partner may also be earning an income.
Not sure if your post is general or you were talking about me specifically but I am not a stay at home mother. I am finance manager at a government corporation in Ottawa and never applied for any government help.
 
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Katayoon

Hero Member
Nov 19, 2011
936
737
Job Offer........
Pre-Assessed..
To be fair your situation also changed. You could have sponsored him again around the time of your 2nd H&C which likely influenced the case.
no I cannot sponsor him because he lost PR due to misrepresentation. He has a 5 year misrepresentation ban (5 years from the day he is removed from Canada, which has not happened yet) and can only apply under HC. No change of situation.
 
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canuck78

VIP Member
Jun 18, 2017
39,187
9,158
Not sure if your post is general or you were talking about me specifically but I am not a stay at home mother. I am finance manager at a government corporation in Ottawa and never applied for any government help.
General comment plus directed at your response to the SAH. Think it’s more nuanced than IRCC realizing that SAH mothers is a job. Certainly is but it could still be an issue if you or your partner is not making any money. If you are a SAH parent and your partner is earning an income for the family it will be viewed very differently than a SAH parent with no family income.
 
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Goo-d

Full Member
Jun 8, 2021
26
38
Do you and your partner have a work history in Canada? If you can show this is a temporary break in employment due to covid that is very different than having no longterm work experience in Canada. Would obviously be better for your partner to secure a job now that the economy is opening up and there is a lot more hiring.
Thank you for the reply. Yes I worked untill last September and now my partner is looking for the job .
 
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canuck78

VIP Member
Jun 18, 2017
39,187
9,158
no I cannot sponsor him because he lost PR due to misrepresentation. He has a 5 year misrepresentation ban (5 years from the day he is removed from Canada, which has not happened yet) and can only apply under HC. No change of situation.
Is it not 5 years from misrepresentation? Have seen other cases where leaving the county was not required to start the clock.
 
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canuck78

VIP Member
Jun 18, 2017
39,187
9,158
Thank you for the reply. Yes I worked untill last September and now my partner is looking for the job .
Has your spouse been out of work for the same amount of time? Would contemplate one of you finding a job, even if it you look for something better, just to show that you are back Into the job market. If you do I would send that proof to be included in your H&C application.
 
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Katayoon

Hero Member
Nov 19, 2011
936
737
Job Offer........
Pre-Assessed..
Is it not 5 years from misrepresentation? Have seen other cases where leaving the county was not required to start the clock.
no unfortunately it is 5 years from removal date ("the execution of removal order"). Funnily, Many lawyers do not know that. Perhaps in your other cases you have seen, the person was not under removal order. In this case, my partner was under removal order. He has to be deported then wait out the 5 year ban then reapply + ask for ARC. It would be a very long journey to come back.
 
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Mhy0811

Star Member
Oct 27, 2018
166
143
Guys, if i had H and C refusal and have a approved LMIA and individual who's permit was expired last year they have until August 31 2021 to restored there status, can i be able to apply for work permit? Please help.