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

kaynn

Star Member
Jul 11, 2021
86
40
We got exactly same advice from Toronto's top lawyer - that new HC would be a waste of money and we should seek judicial review which of course would cost 10,000$ + (lawyer fees) just for Stage 1 and last over a year. We did the opposite - cancelled lawyer, refused to file JR and did new HC ourselves. We got AIP. JR is a much more profitable venture for lawyers so they will almost always recommend it.

The only advantage of JR is that it delays deportation. It is costly, lengthy and the chances of success are very slim. Even if judge agrees with you at the end, you do not get automatic PR - your case will be referred to a new officer for reconsideration who can still deny it.

My humble advice to everyone is to not jump into something just because lawyer recommends it.

If you strengthen your evidences and show clearly how you responded to each refusal argument from previous officer, the new officer will not automatically repeat the same decision like your lawyer says. There are many people on this forum who succeeded from 2nd or 3rd attempt. Do not let your lawyer mislead and intimidate you. If we did it, you can do it too.
Thanks for your advise always
 
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MPMG

Star Member
Mar 13, 2022
85
72
Congratulations in advance on your baby coming in July.

With an H&C application, you don't qualify for a work permit until you have AIP.

What was your status and your husband's status in Canada before your WP expired on April 22? What is your history in Canada? When you say "last April 22", do you mean April 22 this year or last year?

Thanks@scylla
Out wp expired April 22 2022 ( 3 days ago ) we came to Canada in 2015 as student and we felt in love with the country , in 2017 my husband got his first LMIA and I have OPW , we have the same employer since the first LMIA, we had 3 LMIAs , we have our first baby in 2017, 2nd baby 2019 and 3rd in 2020, our second was born with cleft palate, he needs a treatment at least until he is 18 years old( speech therapist, audiologist, many surgeries ( he had one surgery in 2019 when he was 11 months ) , in September 2021 my husband was diagNosed with carpal tunnel syndrome , he was not able to work anymore.
So in the principle we gonna extend our lmia that one expired 3 days ago , but unfortunately the company doesn’t want to extend it because my husband health issue, so now we don’t have a valid status, we have some savings that going down quickly because he is not able to work , we have three Canadians kids… that’s our “Short “ history
 

scylla

VIP Member
Jun 8, 2010
92,928
20,540
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks@scylla
Out wp expired April 22 2022 ( 3 days ago ) we came to Canada in 2015 as student and we felt in love with the country , in 2017 my husband got his first LMIA and I have OPW , we have the same employer since the first LMIA, we had 3 LMIAs , we have our first baby in 2017, 2nd baby 2019 and 3rd in 2020, our second was born with cleft palate, he needs a treatment at least until he is 18 years old( speech therapist, audiologist, many surgeries ( he had one surgery in 2019 when he was 11 months ) , in September 2021 my husband was diagNosed with carpal tunnel syndrome , he was not able to work anymore.
So in the principle we gonna extend our lmia that one expired 3 days ago , but unfortunately the company doesn’t want to extend it because my husband health issue, so now we don’t have a valid status, we have some savings that going down quickly because he is not able to work , we have three Canadians kids… that’s our “Short “ history
Unfortunately a work permit through the H&C application won't be possible until you have AIP.

For CCB, you need to contact CRA and tell them about your recent change in status.

Good luck.
 
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bestluckeveryone

Star Member
Mar 1, 2022
161
242
Thanks@scylla
Out wp expired April 22 2022 ( 3 days ago ) we came to Canada in 2015 as student and we felt in love with the country , in 2017 my husband got his first LMIA and I have OPW , we have the same employer since the first LMIA, we had 3 LMIAs , we have our first baby in 2017, 2nd baby 2019 and 3rd in 2020, our second was born with cleft palate, he needs a treatment at least until he is 18 years old( speech therapist, audiologist, many surgeries ( he had one surgery in 2019 when he was 11 months ) , in September 2021 my husband was diagNosed with carpal tunnel syndrome , he was not able to work anymore.
So in the principle we gonna extend our lmia that one expired 3 days ago , but unfortunately the company doesn’t want to extend it because my husband health issue, so now we don’t have a valid status, we have some savings that going down quickly because he is not able to work , we have three Canadians kids… that’s our “Short “ history
OMG, i am sorry.

It sounds super challenging in such circumstances, i have no idea how you handle it with 4 kids and a sick husband. All my heart goes to you. You must be a strong person.
I am not familiar with how things will go in your circumstances, but i definitely think your family deserves PR.
 
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Swagzzy

Hero Member
Jan 28, 2020
391
503
That’s not true based on my experience I follow google reviews at the end I got two refusal… google review most of the time are fake
I don’t know what you are talking about. Someone asked a question and I responded. I don’t think it is wise for him to take decisions. I went further to say my recommendation was based on my personal review but implored him to narrow down and make his own decision and suddenly you alluded!!!
 

Indianna

Star Member
Aug 23, 2018
93
136
Today I just applied for legal aid certificate for my judicial review . I want to ask can I apply for legal aid certificate again for my second H&C application? teddy can you please tell me did you ask officer for reconsideration? how does it went? my lawyer want me to apply for judicial review he said . in fact, it would be a waste of time and money to do a new h&c application unless you seek to judicially review the bad decision, immigration would just repeat the same decision by the same officer who made the bad decision using the same reasons.
I don’t know you or what you’re going through but stop asking question you already seem to be getting the answer you already know ! H&C is a simple chance to get already why are you making things more complicated for you . Like I don’t want to sound like a Ahole but this just doesn’t seem like the lack of English is the issue .it seems more like it’s just you , like you don’t take advice very well . Learn to accept the truth , base on facts not hear say. These people are tryin to help you and you’re just here being a Debbie downer why constantly asking the same question over and over and over and not take advice .we need people here with positive energy . You’re like a kid that don’t listen at all . I can tell what the lawyer had to put up with you ! Some of y’all are just so eagerly waiting to be denied like damn !! Am so annoyed ! Everyday with the same bs !
 

bella12

Hero Member
Jul 10, 2019
300
396
google will do you good. I recommend them base on review but I’ll advise you to do your personal checks.
Do NOT trust or depend on google reviews when doing a background check or determining your choice of lawyer. It is no longer a secret that lawyers are famous for creating FAKE reviews with random bogus names. It is extremely easy to create a google account and use it to post reviews.

One trick a lot of lawyers are now using is offering their clients discounts on legal fees in EXCHANGE for good google reviews. ( especially when the clients can not afford their FULL legal fees) , Most clients will be please to do this regardless of the quality of service they receive from a lawyer in a bid to reduce their legal fees.

Another tactic is to use third parties to create fake reviews. These parties provide the service of creating MASS FAKE REVIEWS. This will create the illusion of a large number of happy clients that have their immigration applications successful with the help of a lawyer. When you see or notice a large number of clients, a large number of positive GENERIC google reviews( most especially when the review encourages you to use the lawyer), these are all patterns of reg flags. There are more but I don't have the time to expose them all.

What I wrote above is from me talking from experience which resulted in me flushing about 10,000 dollars down the drain to a lawyer. If I show you a copy of the application the lawyer did for me, your jaw will drop. You will never believe a lawyer did my application. The IRCC officer that worked on my application at the time pointed out a series of AVOIDABLE mistakes in that application in my refusal letter. You can tell by the IRCC officer's comments that she was implying that this lawyer did a bad job. However, she did not say it in black and white in the refusal letter Trust me, A high school student will do a better job. Take any google review you see with a grain of salt! Lawyers are using this pandemic as an opportunity to milk clients. The pandemic has affected their revenue. So, clients are now used as a CASH-COW to keep them in business.

I did my h&c application by myself. I have made tremendous progress on my application to the point that the IRCC officer working on my application contacted me. There were some things that happen that have given me the green light that my application will be approved.

The point I am driving at here is, as an applicant; you know your immigration story more than a lawyer. It is your life experience. You are in a better position to write an attention-grabbing story that will draw the attention of an IRCC officer. For as long as you back your story up with STRONG COMPELLING EVIDENCE and it is convincing without reason(s) that attract doubts or "balance of probabilities", there is a high chance of approval OR at least for an IRCC officer to be sympathetic with your case. There have been so many success stories of people in this forum that did their application by themselves and their application was approved. This is why this forum is very good as members in this forum are willing to give you HONEST advice and share their experiences with you which you can apply in your own application.

I have a friend who previously use a lawyer. The lawyer keeps asking for more and more money whenever he goes to his office to provide his lawyer with more evidence to add to his h$c application. Just a phone call to his lawyer alone, the lawyer will charge my friend money. His legal fees keep going up This was what angered my friend and decide to cancel the lawyer and do his application himself. Guess what, his application was approved!

The ONLY condition that will make me support the use of a lawyer is if you are an extremely busy person( especially with work and family). That is, You hardly have time. OR if your English writing skills are not proficient or if you don't know how to express yourself or present written arguments and package your application(along with your evidence). These are few situations I will understand why one will use a lawyer.

Lawyers will take any case, not because they are interested or sympathetic about your situation. they are after your money. Regardless of the outcome or decision of your application, you have to pay them their money or empty your bank account for them.
 
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MPMG

Star Member
Mar 13, 2022
85
72
OMG, i am sorry.

It sounds super challenging in such circumstances, i have no idea how you handle it with 4 kids and a sick husband. All my heart goes to you. You must be a strong person.
I am not familiar with how things will go in your circumstances, but i definitely think your family deserves PR.
Thanks for yours words bestluckeveryone and Scylla
Hopefully the agents think the same way…
 
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bestluckeveryone

Star Member
Mar 1, 2022
161
242
We haven't heard any AIP news from members in the forum for a while. I understand everyone who is waiting passively has been losing patience bit by bit. I am feeling the burden and stress as well.

But the more difficult the time is, the more we should give support to each other. To be honest, I felt frustrated at first explaining details over and over to our member @Muhammadtigerb . But when i am thinking in his shoes, i feel sorry for him. Because he applied in 2020, waiting for 24 months ending up with a refusal.

Everyone comes from different backgrounds, cultures and education or career, there shouldn't be any standards for all people on how to deal with things. Every choice/decision affects his/her life only. We are eager to push him to make a reasonable decision, but at the end of the day, the person himself will face the consequence.

What i am pointing out here is that we all help each other unconditionally, but please avoid babysitting each other.
 

Vetjiib

Full Member
Mar 25, 2022
37
55
Hey guys,how should I make sure that or find out if IRCC received all my documents that they requested, financial information,paystub,criminal records and medical examination. I don't trust lawyers anymore