Humanitarian and compassionate ground

[ARButt]

Dubai was the place he lived all his live.
He never stay in pakistan.
Pakistan is a big country BUT not save for us.
We can move to montreal or Alberta.
Canadian police or any individual person can not find us.
One day yes for sure. Same for us too.
My husband had valid visa for US, UK,Austria and Europe too...
I suggest him this country because I have faith in this country.
Anything happen canada will take care of us.
Basically we want good and bright future for my kids.
My husband was detained in UK 2005 or 2006 I guess.
Then after 40 days they had released him without any charges.
Then how he is criminal. He were clean and then after that he got 5 year multiple visit visa too and he did visit UK after that incident.
We re here in this country canada. We re clean, we have no criminal history.
We are clean. If he or I am dangerous to this country then why after rejecting our refugee case we re still here in this country.
We did applied for H&C in the year of 2013, within 6 months it got rejected.
Then we never apply anything.
We decided to go back home. And never come back here.
I stayed because living life is better here then going back home. My children will become something here.
I see bright future for my children.
And last ODSP is also fine as per I heard articles from Justin Trudeau prime minister he mention about ODSP people can apply for H&C.
anyway.
Tell me, what should I do next.
What is best for my children I will do that.
Any suggestions from your side.
I will appericate that.
Thanks

Canada has rules about who can enter and stay. We aren't able to accomodate everyone who would want to come to Canada which is why there are rules. In many ways you were lucky. You had at least one child but it seems like many children in Canada while only being a visitor. I assume you paid for your care. Based on your description your husbamd was the one who applied for asylum and you were able to enter Canada without a visa because your husband was already in Canada or you walked from Canada to the US through an irregular border. Once your visitor status expired have you had status in Canada for all those years? I also assume you had access to legal aid for some time.

It sounds like you were able to live with your husband in Dubai (and maybe other countries it isn't clear) and potentially other areas of Pakistan which is why I assumed you were refused asylum. Being around your family was not possible.

It isn't clear if you applied for H&C right after your appeal was refused for asylum since there seems to be a long period of time before the H&C application but one of the important things about being approved H&C is the fact that the family is self-sufficient which isn't the case in your family has been dependent on disability payments for over 5+ years and may be using other social services. I assume you never qualified for a work permit and that's why you haven't found a job outside the home. The fact that your husband may have a criminal record also doesn't help.

You must discuss with your family whether your funds are best used going to JD or will those funds be needed to resettle back home. The approval rate is very small and there is a big expense. Do you have the 8k available? Think you need to review your jusgements and speak to a lawyer whether this is the best use of your funds especially if there is a high chance of denial.

 

[canuck78]

Dubai was the place he lived all his live.
He never stay in pakistan.
Pakistan is a big country BUT not save for us.
We can move to montreal or Alberta.
Canadian police or any individual person can not find us.
One day yes for sure. Same for us too.
My husband had valid visa for US, UK,Austria and Europe too...
I suggest him this country because I have faith in this country.
Anything happen canada will take care of us.
Basically we want good and bright future for my kids.
My husband was detained in UK 2005 or 2006 I guess.
Then after 40 days they had released him without any charges.
Then how he is criminal. He were clean and then after that he got 5 year multiple visit visa too and he did visit UK after that incident.
We re here in this country canada. We re clean, we have no criminal history.
We are clean. If he or I am dangerous to this country then why after rejecting our refugee case we re still here in this country.
We did applied for H&C in the year of 2013, within 6 months it got rejected.
Then we never apply anything.
We decided to go back home. And never come back here.
I stayed because living life is better here then going back home. My children will become something here.
I see bright future for my children.
And last ODSP is also fine as per I heard articles from Justin Trudeau prime minister he mention about ODSP people can apply for H&C.
anyway.
Tell me, what should I do next.
What is best for my children I will do that.
Any suggestions from your side.
I will appericate that.
Thanks

Are you sure you applied for H&C in 2013? That makes no sense. Do you have health coverage? You seem to have only been a visitor all this time and I assume you lost your visitor status a long time ago. Assume your husband lost his status a long time ago as well.

Unfortunately wherever you go it won’t be that hard to find you if you want your children to attend school or your husband still wants to receive disability. After losing H&C I would imagine disability will be stopped at some point. Your option is to pay for a judicial review or leave Canada. JD is expensive so you need to really consider whether you can spend that amount of money and will you have any extra money if you are refused and deported.

There must have been some comments about why you keep on being refused. I would imagine one was that you could have lived in another country or in another region of Pakistan. For H&C one of your big issue is that your husband has not been working and is on disability. Have you ever had a work permit in Canada.

You applied for H&C in 2013 and you only recently got a response?

 

[ARButt]

Are you sure you applied for H&C in 2013? That makes no sense. Do you have health coverage? You seem to have only been a visitor all this time and I assume you lost your visitor status a long time ago. Assume your husband lost his status a long time ago as well.

Unfortunately wherever you go it won’t be that hard to find you if you want your children to attend school or your husband still wants to receive disability. After losing H&C I would imagine disability will be stopped at some point. Your option is to pay for a judicial review or leave Canada. JD is expensive so you need to really consider whether you can spend that amount of money and will you have any extra money if you are refused and deported.

There must have been some comments about why you keep on being refused. I would imagine one was that you could have lived in another country or in another region of Pakistan. For H&C one of your big issue is that your husband has not been working and is on disability. Have you ever had a work permit in Canada.

You applied for H&C in 2013 and you only recently got a response?

No, i think I am not able to tell you the story.
Our refugee case was denied 2012, our 1st H&C got rejected in 2013, till 2013 we had 1 baby, then 2018 we had 4 kids.
Someone told me I should apply H&C on my children base, but my husband was on ODSP, in 2018 canada change rules for ODSP. So my lawyer said that is a good news, my husband,s ODSp will not have any problems for our H&C.
So we applied. I paid her around 7k.
Our submission were VERY good.
My friends saw my submission and even they said this time you will get it.
We had a BIG Hope then 08th July application got rejected, same time status change and same day refused.
I dont know why.
This what shocked us. Shocked everyone around me.
When I say ODSP , we take money but even I work from home and then what ever I make ODSP do there deduction.
I am so confused I have no idea what I will be doing.
Anyway THANK YOU
4 not giving me any hope.
God Bless you all.

 

[scylla]

No, i think I am not able to tell you the story.
Our refugee case was denied 2012, our 1st H&C got rejected in 2013, till 2013 we had 1 baby, then 2018 we had 4 kids.
Someone told me I should apply H&C on my children base, but my husband was on ODSP, in 2018 canada change rules for ODSP. So my lawyer said that is a good news, my husband,s ODSp will not have any problems for our H&C.
So we applied. I paid her around 7k.
Our submission were VERY good.
My friends saw my submission and even they said this time you will get it.
We had a BIG Hope then 08th July application got rejected, same time status change and same day refused.
I dont know why.
This what shocked us. Shocked everyone around me.
When I say ODSP , we take money but even I work from home and then what ever I make ODSP do there deduction.
I am so confused I have no idea what I will be doing.
Anyway THANK YOU
4 not giving me any hope.
God Bless you all.

Have you ordered your GCMS notes to see the detailed information about your case including more details regarding refusal reasons? If not, I would recommend you do that as soon as you can.

I think you need to decide soon if you are going to move ahead with Judicial Review. I think Judicial Review is now your only option for PR (at least until your children are adults).

 

[Sweet child]

good afternoon guys, I'm a little concerned about my h&c APPLICATION I apply june 26 2018 and the only thing on my status is APPLICATION receive when I check, so I order gcms not to my surprise when I got it. Its status open) status reason inventory- cp) I don't see know in PROCESS it's going 26 months and nothing have me thinking.

 

[M0527]

good afternoon guys, I'm a little concerned about my h&c APPLICATION I apply june 26 2018 and the only thing on my status is APPLICATION receive when I check, so I order gcms not to my surprise when I got it. Its status open) status reason inventory- cp) I don't see know in PROCESS it's going 26 months and nothing have me thinking.

Every case is different. I applied on June 2018 and my application moves to “In process” on April 2020. I was granted AIP on June. I never order GCMS or received any call or email from CIC until then.

 

[Sweet child]

Every case is different. I applied on June 2018 and my application moves to “In process” on April 2020. I was granted AIP on June. I never order GCMS or received any call or email from CIC until then.

What was your ground for h&c?? Mine is best interest of child and establishment.

 

[M0527]

What was your ground for h&c?? Mine is best interest of child and establishment.

Best interest of a child and establishment as well

 

[ARButt]

Have you ordered your GCMS notes to see the detailed information about your case including more details regarding refusal reasons? If not, I would recommend you do that as soon as you can.

I think you need to decide soon if you are going to move ahead with Judicial Review. I think Judicial Review is now your only option for PR (at least until your children are adults).

What is this....GCMS how to apply. Should I apply or my lawyer.
Please guide me thanks

 

[scylla]

What is this....GCMS how to apply. Should I apply or my lawyer.
Please guide me thanks

I would order yourself. Details here:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/how-to-order-gcms-notes-step-by-step-process.513893/

 

[canuck78]

No, i think I am not able to tell you the story.
Our refugee case was denied 2012, our 1st H&C got rejected in 2013, till 2013 we had 1 baby, then 2018 we had 4 kids.
Someone told me I should apply H&C on my children base, but my husband was on ODSP, in 2018 canada change rules for ODSP. So my lawyer said that is a good news, my husband,s ODSp will not have any problems for our H&C.
So we applied. I paid her around 7k.
Our submission were VERY good.
My friends saw my submission and even they said this time you will get it.
We had a BIG Hope then 08th July application got rejected, same time status change and same day refused.
I dont know why.
This what shocked us. Shocked everyone around me.
When I say ODSP , we take money but even I work from home and then what ever I make ODSP do there deduction.
I am so confused I have no idea what I will be doing.
Anyway THANK YOU
4 not giving me any hope.
God Bless you all.

Would also encourage you to order GCMS notes. Would assume that the argument will be that your were supposed to be deported in 2013 but you weren't so going on to have 3 more children in Canada shouldn't given you the right to remain in Canada. Would also think that because your children are relatively young they can adjust to a new environment. The fact that your income is primarily ODSP, and I would imagine there is a chance that you are receiving some extra support through social services or charitable organization if your have 4 children, also counts against your case. One of the questions that is always asked in H&C cases is whether you are working and supporting your family financially in Canada. This is just my assumption that would need to be confirmed by the GCMS notes.

How did your husband retain a work permit after being refused H&C the first time? Perhaps he got hurt before his previous WP expired. Assume you and your husband both lack status at this point.

 

[Àmaanz]

My husband came to this country in a year of 2010 October as a vistor.
Then my i joined him from US.
March 2011 we were living together, my 1st baby 2011 june
Then 2nd 2014, 3rd 205
& then 2018 may.
Our refugee case were rejected, till 2013 we had tried alot but not so lucky, suffered like a hell.
Each and one application we had applied got rejected.

Then we stopped appling anything because we ran out of CASH, anywhere you go 1st visit start with minimum 250$. And then big Amount only cash accept by lawyer.

Then finally we had paid big amount to apply for H&C with a big HOPE.
unfortunately it got rejected.
My husband were working then one night he got accused and asulated by some people while he was at his job.

Till then we were on disability.
As a rejected refugee we re not allowed to apply for child tax benefits.

Now I don't know what will happened next.
Unless some miracle happened.

Any suggestions from your side please share with me too.

Sorry to hear what had happened. Why dont you or your husband try to get an LMIA...by this way you become legal and can have work permit with status as well

 

[scylla]

Sorry to hear what had happened. Why dont you or your husband try to get an LMIA...by this way you become legal and can have work permit with status as well

I believe they are both out of status at this point. So an LMIA supported work permit isn't possible.

 

[D_8rane]

Without the whole story nobody can comment. Having children in Canada does not guarantee that you can remain in Canada.

I also have a child but I was approved based on hardship if I was to send back to my country.

 

[D_8rane]

Sorry to hear what had happened. Why dont you or your husband try to get an LMIA...by this way you become legal and can have work permit with status as well

I’ve read a post here that you can apply for h&c again and some of them were even approved. Lawyers can be very expensive but you can also do it on your own. There’s a link for instructions on how to apply h&c. Goodluck in everything!