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

[Donald15]

Technically you are not eligible for H&C if you have a RAD case going on. IRCC will return your application.
Secondly I think you have to let RAD know that your Pathway application failed already and they can resume the RAD process.
Or else you might be stuck here and not be able to move on. Best of luck in your RAD and hopefully it get approved, so u don't have to deal with JR and then H&C uncertainties.

Thank you so much @Love101. But I qualify for the exception as stated in IRCC guidelines for H&C. I have 3 kids under 15 and Health issues. I think the 12 month bar does not apply to my situation. Even if it applies, I have stayed more than 12 month since my refugee claim was dismissed.

 

[Katayoon]

Hello good firends, I am about to start my H&C. My refugee hearing was negative in May 2021. We put in our Appeal immediately. I also applied for the last Healthcare pathway, since I work as a Psw. After rhe Pathway application, my Appeal was put onhold, while they were determining the Pathway. I letter received a refusal letter for the pathway i October 2021. In November 2022, my lawyer received a letter from RAD that my appeal has been put onhold as they received a letter that i applied for Pathway and will resume the appeal when a decision is made on my pathway. Remember, i already received a letter from IRCC in October refusing my Pathway application. While my Lawyer got a RAD letter in November saying they are waiting for Pathway decision. I want to go ahead with my H&C due to best interests children, Health condition and establishment in Canada over 4 years.

A lawyer says he is not sure if I can go ahead and submit H&C yet. It's almost 2 years refugee application failed and appeal now on hold. What do I do. Please I need direction @Katayoon and anyone that has idea on this situation. Thanks and God bless

You should check this table of eligibility requirements for HC.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html#refugee-claim

I believe your scenario is:


"The applicant has received a negative decision on a refugee claim from the RPD and either of the following has taken place:

• an appeal was made at the RAD
• an application was made for leave and judicial review of the decision at the Federal Court"

Normally, an application should not be examined until 12 months has passed since the date of the RPD decision. However, if you have a minor child exception applies and your exception request should be examined.

 

[Donald15]

You should check this table of eligibility requirements for HC.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html#refugee-claim

I believe your scenario is:


"The applicant has received a negative decision on a refugee claim from the RPD and either of the following has taken place:

• an appeal was made at the RAD
• an application was made for leave and judicial review of the decision at the Federal Court"

Normally, an application should not be examined until 12 months has passed since the date of the RPD decision. However, if you have a minor child exception applies and your exception request should be examined.

Yes. I have kids under 12 and the RPD decision is more than 12 months already. Everything is just getting me confused and worked up. I have a health challenge and I don't want my blood pressure to go up because it's dangerous for me. This is very stressful.

 

[Love101]

Yes. I have kids under 12 and the RPD decision is more than 12 months already. Everything is just getting me confused and worked up. I have a health challenge and I don't want my blood pressure to go up because it's dangerous for me. This is very stressful.

I am talking from experience but u can ask around or consult a lawyer. You can definitely submit an H&C under the exemption if you are in JR stage and not when a decision is yet to be made on a RAD case. And that was the reason why your RAD was put on hold in the first place for the HEALTHCARE PATHWAY.

Because ypu cannot have a case in RAD and have a PR application in another pathway

 

[Love101]

Yes. I have kids under 12 and the RPD decision is more than 12 months already. Everything is just getting me confused and worked up. I have a health challenge and I don't want my blood pressure to go up because it's dangerous for me. This is very stressful.

I know it's not easy and understand the fact that you're getting worked up already. But here is what I will recommend;
1. Get RAD to resume processing or assignment of your file. Note that you can do this on your own by calling the cases worker handling your file. Ignore the Lawyer!

2. Keep working if you can and make sure to save money to be ready for JR & H&C if need be.

3. Start gathering all documents needed to submit strong H&C application (Letters from FRIENDS, COLLEAGUES, VOLUNTEER, PROOF OF EMPLOYMENT, KIDS REPORT SHEET, LETTER FROM THEIR SCHOOL TEACHER, HEALTH REPORT, LETTER FROM DOCTOR, MENTAL HEALTH REPORT, NOA, PAYSTUB, PROOF OF HARDSHIP BACK HOME & WRITE YOUR NARRATIVES. Make sure to gather anything that you could think of that would be to your advantage.
4. PRAY & Hope the RAD member reviewing your case accept, reverse and approve your claim.
5. If not! File for JR immediately and submit H&C application at the same time.

All the best

 

[Donald15]

I know it's not easy and understand the fact that you're getting worked up already. But here is what I will recommend;
1. Get RAD to resume processing or assignment of your file. Note that you can do this on your own by calling the cases worker handling your file. Ignore the Lawyer!

2. Keep working if you can and make sure to save money to be ready for JR & H&C if need be.

3. Start gathering all documents needed to submit strong H&C application (Letters from FRIENDS, COLLEAGUES, VOLUNTEER, PROOF OF EMPLOYMENT, KIDS REPORT SHEET, LETTER FROM THEIR SCHOOL TEACHER, HEALTH REPORT, LETTER FROM DOCTOR, MENTAL HEALTH REPORT, NOA, PAYSTUB, PROOF OF HARDSHIP BACK HOME & WRITE YOUR NARRATIVES. Make sure to gather anything that you could think of that would be to your advantage.
4. PRAY & Hope the RAD member reviewing your case accept, reverse and approve your claim.
5. If not! File for JR immediately and submit H&C application at the same time.

All the best

Thank you very much @Love101. I really appreciate these words of encouragement. It hasn't been easy just hanging in limbo not knowing what is going on with your file and your life.

 

[Donald15]

I know it's not easy and understand the fact that you're getting worked up already. But here is what I will recommend;
1. Get RAD to resume processing or assignment of your file. Note that you can do this on your own by calling the cases worker handling your file. Ignore the Lawyer!

2. Keep working if you can and make sure to save money to be ready for JR & H&C if need be.

3. Start gathering all documents needed to submit strong H&C application (Letters from FRIENDS, COLLEAGUES, VOLUNTEER, PROOF OF EMPLOYMENT, KIDS REPORT SHEET, LETTER FROM THEIR SCHOOL TEACHER, HEALTH REPORT, LETTER FROM DOCTOR, MENTAL HEALTH REPORT, NOA, PAYSTUB, PROOF OF HARDSHIP BACK HOME & WRITE YOUR NARRATIVES. Make sure to gather anything that you could think of that would be to your advantage.
4. PRAY & Hope the RAD member reviewing your case accept, reverse and approve your claim.
5. If not! File for JR immediately and submit H&C application at the same time.

All the best

How do I get to know the case worker handling my RAD?

 

[Love101]

How do I get to know the case worker handling my RAD?

There is a letter you get from RAD when they receive your file. Look on that letter, the name of case worker is there but the phone number is RPD number.
Call the RPD number on the letter. Keep calling until a rep picks up.
Then ask to speak to the case worker handling your file. And before they transfer your line, ask for the case worker direct number, should in case the case worker didn't pick call, you will be able to call directly.

 

[Donald15]

There is a letter you get from RAD when they receive your file. Look on that letter, the name of case worker is there but the phone number is RPD number.
Call the RPD number on the letter. Keep calling until a rep pick up.
Then ask to speak to the case worker handling your file. And before they transfer your line, ask for the case worker direct number, should in case the case worker didn't pick call, you will be able to call directly.

Thanks so much. I will go ahead with this. God bless

 

[Indianna]

Just a quick question . How do I pay taxes if I work cash . Yes I know we aren’t suppose to be working but this is how I support myself and child . I want to file my tax and submit it on my application it hasn’t start processing as yet .

 

[Love101]

Just a quick question . How do I pay taxes if I work cash . Yes I know we aren’t suppose to be working but this is how I support myself and child . I want to file my tax and submit it on my application it hasn’t start processing as yet .

File as independent contractor/self employed on your temporary SIN.

 

[Indianna]

File as independent contractor/self employed on your temporary SIN.

I don’t have a temporary sin do you mean ITN or TTN

 

[Jjla]

Hey forum, what does that mean decision made, I got AIP on May, I submit medical same in May. However, to get the criminal record from my country was a headache, anyways…. They send it on October 3rd to immigration Canada. does that mean I pass all the requirements?

 

[grahs1994]

Hey forum, what does that mean decision made, I got AIP on May, I submit medical same in May. However, to get the criminal record from my country was a headache, anyways…. They send it on October 3rd to immigration Canada. does that mean I pass all the requirements?

That means you application is approved/denied. Mostly approved as you already received AIP… so congratulations

 

[tstarhash]

I am right now refugee in Canada. But my refugee is rejected for first time so we applied for RAD Appeal waiting for decision I am with family in Canada with two kids and wife.
the reason I need favor from you is that CRA told me to file tax for years from 2015 to 2021. we came on visitor visa to Canada and overstayed in Canada. Applied refugee in 2020 so we got work permit in 2020 want to know what should I mention in my tax returns and wife tax returns from 2015 to 2021. If we put 0 dollars income from 2015 to 2021 then how i can file H&C application later on they will point out how you where surviving from 2015 to 2021 if you where not doing job I cant to job because no sin number confused. Please help me guys if you deal this situation before. please guide me it will be great healp.