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Ahmed_h_m

Full Member
Oct 23, 2020
20
2
I came to Canada from the U.S. and tried to claim refugee protection. However, IRCC found me ineligible due to the Safe Third Country Agreement (STCA) because I had already made a refugee claim in the U.S.
Now, I’m staying in Canada and my lawyer told me I have to wait around 12 months to become “established” before applying for permanent residence through Humanitarian and Compassionate (H&C) considerations. So far, I haven’t applied for H&C yet.

My question is:
Can I apply for any type of work permit during this waiting period?

Has anyone been in the same position — denied refugee claim due to STCA, not yet applied for H&C — but found a way to work legally?
Any help or shared experience would really mean a lot.
Thanks in advance
 
I came to Canada from the U.S. and tried to claim refugee protection. However, IRCC found me ineligible due to the Safe Third Country Agreement (STCA) because I had already made a refugee claim in the U.S.
Now, I’m staying in Canada and my lawyer told me I have to wait around 12 months to become “established” before applying for permanent residence through Humanitarian and Compassionate (H&C) considerations. So far, I haven’t applied for H&C yet.

My question is:
Can I apply for any type of work permit during this waiting period?

Has anyone been in the same position — denied refugee claim due to STCA, not yet applied for H&C — but found a way to work legally?
Any help or shared experience would really mean a lot.
Thanks in advance
You are not elgibile for any work permit if refugee claim was denied. Your lawyer would tell you that. What is your status now?
 
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You are not elgibile for any work permit if refugee claim was denied. Your lawyer would tell you that. What is your status now?
My lawyer said “Since you are not a refugee claimant any more you may need to apply for a work permit based on another ground”
My status now waiting to apply for H&C.
 
I came to Canada from the U.S. and tried to claim refugee protection. However, IRCC found me ineligible due to the Safe Third Country Agreement (STCA) because I had already made a refugee claim in the U.S.
Now, I’m staying in Canada and my lawyer told me I have to wait around 12 months to become “established” before applying for permanent residence through Humanitarian and Compassionate (H&C) considerations. So far, I haven’t applied for H&C yet.

My question is:
Can I apply for any type of work permit during this waiting period?

Has anyone been in the same position — denied refugee claim due to STCA, not yet applied for H&C — but found a way to work legally?
Any help or shared experience would really mean a lot.
Thanks in advance

You have other issues on top of not qualifying for a WP since H&C processing times are incredibly long (years) and does not prevent removal. The program will hopefully be reformed soon since the program is a mess but that may also end up being problematic for you.
 
My lawyer said “Since you are not a refugee claimant any more you may need to apply for a work permit based on another ground”
My status now waiting to apply for H&C.
What other work permit? There are no others since you came and claimed asylum with no status. Now you cannot apply for H&C for a year and then when you apply processing may take another 2-3 years. You may get a work permit during H&C but that may be 2 years away.

Are you highly skilled? ECA? IELTS?
 
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What other work permit? There are no others since you came and claimed asylum with no status. Now you cannot apply for H&C for a year and then when you apply processing may take another 2-3 years. You may get a work permit during H&C but that may be 2 years away.

Are you highly skilled? ECA? IELTS?

2-3 years for H&C these days? Not going to happen for most applicants unless they reform the program. Was going to take 5-7 years to clear the backlog from last fall which likely has likely gotten significantly worse.
 
I came to Canada from the U.S. and tried to claim refugee protection. However, IRCC found me ineligible due to the Safe Third Country Agreement (STCA) because I had already made a refugee claim in the U.S.
Now, I’m staying in Canada and my lawyer told me I have to wait around 12 months to become “established” before applying for permanent residence through Humanitarian and Compassionate (H&C) considerations. So far, I haven’t applied for H&C yet.

My question is:
Can I apply for any type of work permit during this waiting period?

Has anyone been in the same position — denied refugee claim due to STCA, not yet applied for H&C — but found a way to work legally?
Any help or shared experience would really mean a lot.
Thanks in advance
There is no open work permit available to you.

To qualify for a closed work permit, you would need to secure a job offer from and employer in Canada and that employer would need to obtain an approved LMIA. This is a long process and most employers are not willing to go through it. The other complicating factor is that even if you had the job offer and approved LMIA, you cannot apply for a work permit within Canada. You can only do so outside of Canada.

Wait for others to respond. However I don't believe you have any work permit options and a work permit won't be possible until you have submitted the H&C application and have AIP. You are still a few years away from this.