H&C Outside of Canada

[scylla]

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

No, that's not guaranteed at all. Whether you are allowed into Canada or not will be assessed by CBSA each time you re-enter. The H&C application does not authorize re-entry.

If you are not continuously living in Canada after you submit the H&C application, this will very significantly weaken your H&C application. If you plan to submit the application and then leave or plan to travel in and out of Canada, that essentially supports that there's no real H&C case.

 

[Naturgrl]

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

So how are you entering Canada to apply? Since you say that your child needs medical care and reason for H&C considerations then it is best to not leave. You want to show that you must stay in Canada for the benefit of your child. If you leave, then you don’t face any hardships. You cannot work or access services for yourself during the processing which can take around 2 years.

 

[Buletruck]

I'm sure it's been asked already, but was the child born in Canada?

 

[Naturgrl]

I'm sure it's been asked already, but was the child born in Canada?

Child was born in Canada. Mother left Canada and can’t re-enter. I don’t think she has a TRV.

 

[canuck78]

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

Other issue is that if you and your child are not living in Canada then they will stop qualifying for provincial healthcare. Your child must meet the residency requirements to qualify for healthcare in the specific province in order to use their health card or else you can be asked to repay all the healthcare you use. You can’t move to the US and continue seeking healthcare in Canada. Are you a US citizen? If so have you applied for US citizenship for your child? If you are a US citizen it will be much harder to justify getting H&C since you will be able to access care in the US and given that the domestic abuse seems to have happened in Canada you aren’t trying to find safety in another country (which doesn’t guarantee status). How are you supporting yourselves in the US? Do you have family there?