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

Ayanna

VIP Member
Oct 4, 2020
3,019
6,924
I am writing in response to what my new lawyer told me today. I have a consultation with him today.

You said in your comment that IRCC is likely to give people from 3rd world countries. It depends. However, the probability for refusal is still high. Here is why?

According to my lawyer, one of the key things that often make h&c application very strong and makes it almost impossible for an officer to refuse is if you have a child. The best interest of a child is the STRONGEST thing that makes an application very strong. Or better still, you are married to a Canadian and you have a child with that person or the canadain already has a child and you are both married and you are a step-parent to that child.

In a worst-case scenario, if other argument in your h&c application is weak, the officer will look into the best interest of the child..You would have noticed a pattern, MAJORITY of the people that have gotten their either have a child or are married to someone who is Canadian or have a PR and they both end up having a child together.

Again, I am NOT suggesting that they do not issue PR to those who do not have kids or are married to a Canadian. However, the refusal rate among this group of people is higher than people who already have a child or married to canadain. It does not matter how long you have been in the country as long as you are alone or single in Canada without any ties to child or married to a Canadian( especially one with a child)
Based on lawyer advise what do you think your options are now
 
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SweetQueen

Hero Member
Nov 12, 2020
574
1,151
I’m not exactly sure about her timeline but she applied on August 2020
She got today decision made
Sorry i am in Ontario
The decision came too fast. Why the hurry. I will remain positive and I urge other 2020 applicants to have faith. Someone in this forum got AIP already, he/she applied in Jan 2020 if I am not mistaking. Let’s keep the positive spirit
 
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MelJohn

Hero Member
Mar 16, 2020
324
243
I am writing in response to what my new lawyer told me today. I have a consultation with him today.

You said in your comment that IRCC is likely to give people from 3rd world countries. It depends. However, the probability for refusal is still high. Here is why?

According to my lawyer, one of the key things that often make h&c application very strong and makes it almost impossible for an officer to refuse is if you have a child. The best interest of a child is the STRONGEST thing that makes an application very strong. Or better still, you are married to a Canadian and you have a child with that person or the canadain already has a child and you are both married and you are a step-parent to that child.

In a worst-case scenario, if other argument in your h&c application is weak, the officer will look into the best interest of the child..You would have noticed a pattern, MAJORITY of the people that have gotten their either have a child or are married to someone who is Canadian or have a PR and they both end up having a child together.

Again, I am NOT suggesting that they do not issue PR to those who do not have kids or are married to a Canadian. However, the refusal rate among this group of people is higher than people who already have a child or married to canadain. It does not matter how long you have been in the country as long as you are alone or single in Canada without any ties to child or married to a Canadian( especially one with a child)
Agree to disagree. Best interest of child is just a small percentage because there are many applicants who got refused even though they have a child or children. I also believe it has to deal with establishment in the country & also your community or even how well you argue your case with enough evidence. I think of it like a lottery but thats just my opinion
 

Ayanna

VIP Member
Oct 4, 2020
3,019
6,924
Agree to disagree. Best interest of child is just a small percentage because there are many applicants who got refused even though they have a child or children. I also believe it has to deal with establishment in the country & also your community or even how well you argue your case with enough evidence. I think of it like a lottery but thats just my opinion
Agree with you
I’m thinking it’s all depends an officer and luck
Only 3rd world country has better chance 80%
 

MelJohn

Hero Member
Mar 16, 2020
324
243
but i don't understand that ! how could she apply for WP under H&C ???
according to my informations, we can apply for WP if we have h&c reason under TRP but not under h&c stream.
@Ayanna do you have an idea ?
Some applicants apply for a work permit when they submit their H&C, sometimes its approved or not
 
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wello711

Champion Member
Feb 11, 2021
1,505
908
Canada
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Mhy0811

Star Member
Oct 27, 2018
188
150
but i don't understand that ! how could she apply for WP under H&C ???
according to my informations, we can apply for WP if we have h&c reason under TRP but not under h&c stream.
@Ayanna do you have an idea ?
That what she told me when she applied h and c her last permit still valid, so before it was expired she used her AOR letter from the lawyer and applied for WP and she got approved.
 
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Fréijoer Léiw

Star Member
Nov 2, 2020
83
54
That what she told me when she applied h and c her last permit still valid, so before it was expired she used her AOR letter from the lawyer and applied for WP and she got approved.
honestly i think there are people here looking at our comments who got the aip but they just don't want to tell the public !
we shouldn't forget that the government wants to approve between 5000 and 6000 H&C applications according to their 2021 plan.
many applicants thought that if they lived here for a long time and if they paid taxes so they have a good H&C file but no ! why they didn't try to regulirize their status before ???
some people for exemple said that their kid has health problems but they didn't prove how these problems will affet him if he will leave canada or if he don't have treatment in his home country .
others came from eu country and they want to apply for H&C ! but this is not logical at all because H&C is based on hardship, eu citizens can live in all eu countries with all the rights and privilieges.
some people, had the possibility of obtaining permanent residence through an economic program, they had work and study permits but they simply missed this opportunity for very stupid reasons.
failed asylum seekers who apply for an h&c application with the same arguments or the same proofs that were refused by the RAD, in this case IRCC will just say that all this proofs was already refused when the RAD analyzed the humanitarian aspect of the asylum applicaiton.
others have security and criminality problems that can be very serious and dangerious.
but we must not forget the very mean officers who like to cause sadness and frustration to others.
besides many vip members are like them according to their point of view and their toxic comments.
this is my simple conclusion according to several cases that I have read
 
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Rina1021

Star Member
Jan 23, 2020
91
60
That what she told me when she applied h and c her last permit still valid, so before it was expired she used her AOR letter from the lawyer and applied for WP and she got approved.
Can you apply by just using your AOR? or she AIP?