H&C Outside of Canada

[Najmashiii]

Hello,

I am in applying for my H&C application on grounds of FV ( for myself) and Medical grounds for my child under 18 years old. ( toddler)
Who has seizures. I was awarded my TRP/WP when I lived in Canada due to FV. However it has been expired. Since then my child has developed seizures and it has been difficult to maintain and being a single parent. I am on a temporary order to relocate to America for a year now to ( deal with postpartum and mental abuse) I am still in Canadian courts and the father is absent & doesn’t pay any support. He even refuses to visit his daughter even when she has seizures or call at all. He is completely absent until this day. Dealing with this issue in Canadian court still. My questions are. Can I come to Canada on medical ground and FV application from outside of Canada.

Also, I am a bit confused on
1. Can I submit an online application for H&C application
2. Which applications are needed to apply for H&C
3. Are the applications for H&C the Same for in Canada and outside of Canada.
4. Everything on the application for H&C I have come across states “ in Canada”
5. Do I apply and submit all H&C applications through the permanent residence portal?
6. Which IMM form do I need?

 

[scylla]

Hello,

I am in applying for my H&C application on grounds of FV ( for myself) and Medical grounds for my child under 18 years old. ( toddler)
Who has seizures. I was awarded my TRP/WP when I lived in Canada due to FV. However it has been expired. Since then my child has developed seizures and it has been difficult to maintain and being a single parent. I am on a temporary order to relocate to America for a year now to ( deal with postpartum and mental abuse) I am still in Canadian courts and the father is absent & doesn’t pay any support. He even refuses to visit his daughter even when she has seizures or call at all. He is completely absent until this day. Dealing with this issue in Canadian court still. My questions are. Can I come to Canada on medical ground and FV application from outside of Canada.

Also, I am a bit confused on
1. Can I submit an online application for H&C application
2. Which applications are needed to apply for H&C
3. Are the applications for H&C the Same for in Canada and outside of Canada.
4. Everything on the application for H&C I have come across states “ in Canada”
5. Do I apply and submit all H&C applications through the permanent residence portal?
6. Which IMM form do I need?

You must be physically present in Canada to apply for PR under H&C. It is not possible to apply from outside of Canada. This is why everything you're seeing says you must be "in Canada" to apply for PR under H&C. There is no outside of Canada application for H&C.

 

[Naturgrl]

What was your’s and your child’s status in Canada before you left? Was child born in Canada? Is father Canadian?

As @scylla says H&C is for when you are in Canada, as you show hardships that you cannot return to home country. You have the option of going to the US.

 

[Najmashiii]

What was your’s and your child’s status in Canada before you left? Was child born in Canada? Is father Canadian?

As @scylla says H&C is for when you are in Canada, as you show hardships that you cannot return to home country. You have the option of going to the US.

I was a Temporary Resident Holder with a Work permit under family violence. My daughter is Canadian so is here father. I believe there’s an option for Applying for H&C outside of Canada my reason for this is to obtain the PR before moving there.Instead of being status-less or considered as a visitor. I need some sort of financial means. Can you guys look at this link and tell me if I am wrong it says outside of Canada options for H&C

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/outside-canada.html

 

[Najmashiii]

You must be physically present in Canada to apply for PR under H&C. It is not possible to apply from outside of Canada. This is why everything you're seeing says you must be "in Canada" to apply for PR under H&C. There is no outside of Canada application for H&C.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/outside-canada.html

Please take a look
At this link I believe you can be outside

 

[scylla]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/outside-canada.html

Please take a look
At this link I believe you can be outside

You've misunderstood the information in this link. This does not mean you can submit an H&C application from outside of Canada.

This is for situations where someone applies for PR from outside of Canada through a different immigration class (e.g. family sponsorship by being sponsored by their spouse), for some reason either the sponsor or spouse is not eligible, and they request H&C considerations. This is not the same as submitting an actual H&C application as the basis of requesting PR. Again, it is mandatory for you to be in Canada to apply directly under H&C.

 

[Naturgrl]

I was a Temporary Resident Holder with a Work permit under family violence. My daughter is Canadian so is here father. I believe there’s an option for Applying for H&C outside of Canada my reason for this is to obtain the PR before moving there.Instead of being status-less or considered as a visitor. I need some sort of financial means. Can you guys look at this link and tell me if I am wrong it says outside of Canada options for H&C

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/outside-canada.html

So your child is Canadian so doesn’t need H&C. Having a Canadian child gives you no benefits to come live in Canada. You left Canada and once you left, you don’t have status. You need to look at immigration programs for you to get PR. Not sure what you mean about financial means. Through immigration programs, you need to show proof of funds.

 

[Najmashiii]

You've misunderstood the information in this link. This does not mean you can submit an H&C application from outside of Canada.

This is for situations where someone applies for PR from outside of Canada through a different immigration class (e.g. family sponsorship by being sponsored by their spouse), for some reason either the sponsor or spouse is not eligible, and they request H&C considerations. This is not the same as submitting an actual H&C application as the basis of requesting PR. Again, it is mandatory for you to be in Canada to apply directly under H&C.

Wow a immigration lawyer in Canada said I could & was seeking a lot of money. He said they prefer people to be outside of Canada. What can I apply for to get me back in the country with a status. I want to be able to work & live there with my child. I’ve recently returned from Canada because my daughter had doctor appointments. Please your suggestion for entering Canada with a status & work permit. I don’t want to be in the country without anything & waiting for approval or denial

 

[scylla]

Wow a immigration lawyer in Canada said I could & was seeking a lot of money. He said they prefer people to be outside of Canada. What can I apply for to get me back in the country with a status. I want to be able to work & live there with my child. I’ve recently returned from Canada because my daughter had doctor appointments. Please your suggestion for entering Canada with a status & work permit. I don’t want to be in the country without anything & waiting for approval or denial

I would find a new lawyer. The H&C PR application process is literally restricted to those applying from inside of Canada. There is no outside of Canada process.

If you want to be able to work, then you need a work permit. To qualify for a work permit, you first have to secure a job offer with an employer in Canada and that employer has to obtain an approved LMIA. You can then apply for a closed work permit tied to that specific employer.

If you happen to hold an American passport, then you may qualify to apply for a work permit without an approved LMIA (depending on the occupation of the job offer). However you still need a job offer from an employer in Canada. That is the first step.

 

[Naturgrl]

Wow a immigration lawyer in Canada said I could & was seeking a lot of money. He said they prefer people to be outside of Canada. What can I apply for to get me back in the country with a status. I want to be able to work & live there with my child. I’ve recently returned from Canada because my daughter had doctor appointments. Please your suggestion for entering Canada with a status & work permit. I don’t want to be in the country without anything & waiting for approval or denial

What do you mean seeking a lot of money? Do you have a valid TRV with work permit? If you don’t you need to apply for a TRV. Given your past file, there is a high chance of refusal. You cannot work on a TRV. You would need find an employer with a LMIA proving no one can do the job, only you. Then you apply for a closed work permit.

 

[Najmashiii]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-hardship-assessment.html

 

[Najmashiii]

I would find a new lawyer. The H&C PR application process is literally restricted to those applying from inside of Canada. There is no outside of Canada process.

If you want to be able to work, then you need a work permit. To qualify for a work permit, you first have to secure a job offer with an employer in Canada and that employer has to obtain an approved LMIA. You can then apply for a closed work permit tied to that specific employer.

If you happen to hold an American passport, then you may qualify to apply for a work permit without an approved LMIA (depending on the occupation of the job offer). However you still need a job offer from an employer in Canada. That is the first step.

Can you explain this then?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-hardship-assessment.html

 

[scylla]

Can you explain this then?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-hardship-assessment.html

Same answer as before. This is for situations where someone has applied for PR under a different immigration stream (e.g. Express Entry, PNP, Family Class), does not meet an eligibility factor and is requesting H&C consideration. This is not about applying for H&C directly. Once again, you must be in Canada to apply for PR directly under H&C and this is VERY clearly ariculated on IRCC's own website.

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

Submitting a request
In Canada: A request under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA) in Canada for an exemption based on humanitarian and compassionate (H&C) or public policy consideration (IMM 5283) must accompany an application for permanent residence in Canada (IMM 0008). The application must be submitted in accordance with the requirements specified in section R10 of the Immigration and Refugee Protection Regulations (IRPR).
Overseas: applicants must use one of the existing departmental application forms for the three immigration classes (family, economic or refugee) and provide additional written information in support of their request for consideration under subsection A25(1).

 

[Naturgrl]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-hardship-assessment.html

Again how are you eligible for H&C outside Canada? H&C can only be assessed from outside Canada through an existing immigration stream - family, economic, refugee. You have not applied to a PR program and been denied. You cannot make a stand alone claim and the minister would have to approve. You have not applied to an existing immigration stream to be considered for H&C.

Why did you leave Canada? What are you living now?

 

[Najmashiii]

Can you explain this then?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-hardship-assessment.html

Thank you so much. Will I be able to come in and out of Canada once it’s submitted within canada?