Is it possible to apply for visitor's record in 6 month increments?

[Ruffian2000]

I've been in Canada for more than 5 and a half years (study permit then work permit). I wanted to make a 'Humanitarian & Compassionate' application for PR, and I want to apply for a visitor's record so that I can continue staying while it is processing.

The only problem is finances. If the need arises, I might have to leave Canada and go to home country. So I don't know if I can commit to a 1 year extension. I was wondering could I just apply for a 6 months visitor's record for now and then if my financial situation improves later on (by perhaps securing a digital nomad job with a company outside Canada), can I then renew my visitor's record after those 6 months and apply for another extension?

Or will IRCC say that my approach is wrong because I should be applying for a 1 year visitor's record because that's how long a H&C application is expected to take in the first stage?

Will they call my 6 month increment approach problematic because the motive for it seems very flimsy. I.e. They will say "You say that a H&C application takes 12 months to get processed in the first stage, so why are you applying for only a 6 month extension"?

 

[canuck78]

I've been in Canada for more than 5 and a half years (study permit then work permit). I wanted to make a 'Humanitarian & Compassionate' application for PR, and I want to apply for a visitor's record so that I can continue staying while it is processing.

The only problem is finances. If the need arises, I might have to leave Canada and go to home country. So I don't know if I can commit to a 1 year extension. I was wondering could I just apply for a 6 months visitor's record for now and then if my financial situation improves later on (by perhaps securing a digital nomad job with a company outside Canada), can I then renew my visitor's record after those 6 months and apply for another extension?

Or will IRCC say that my approach is wrong because I should be applying for a 1 year visitor's record because that's how long a H&C application is expected to take in the first stage?

Will they call my 6 month increment approach problematic because the motive for it seems very flimsy. I.e. They will say "You say that a H&C application takes 12 months to get processed in the first stage, so why are you applying for only a 6 month extension"?

You can attempt to apply for a visitor record. Don’t think you have a good reason to request over 6 months. Processing times, unless very exceptional cases, are 2-3 years for 1st stage and will likely increase dramatically unless there are significant reforms. H&C does not prevent removal. I don’t think it is realistic that you’ll be able to remain in Canada as a visitor for years but you can certainly try. H&C will continue to be processed if you have to leave.

 

[Buletruck]

I've been in Canada for more than 5 and a half years (study permit then work permit). I wanted to make a 'Humanitarian & Compassionate' application for PR, and I want to apply for a visitor's record so that I can continue staying while it is processing.

The only problem is finances. If the need arises, I might have to leave Canada and go to home country. So I don't know if I can commit to a 1 year extension. I was wondering could I just apply for a 6 months visitor's record for now and then if my financial situation improves later on (by perhaps securing a digital nomad job with a company outside Canada), can I then renew my visitor's record after those 6 months and apply for another extension?

Or will IRCC say that my approach is wrong because I should be applying for a 1 year visitor's record because that's how long a H&C application is expected to take in the first stage?

Will they call my 6 month increment approach problematic because the motive for it seems very flimsy. I.e. They will say "You say that a H&C application takes 12 months to get processed in the first stage, so why are you applying for only a 6 month extension"?

As soon as you leave, your visitor record becomes null and void. Getting back would likely be an issue.

 

[scylla]

I've been in Canada for more than 5 and a half years (study permit then work permit). I wanted to make a 'Humanitarian & Compassionate' application for PR, and I want to apply for a visitor's record so that I can continue staying while it is processing.

The only problem is finances. If the need arises, I might have to leave Canada and go to home country. So I don't know if I can commit to a 1 year extension. I was wondering could I just apply for a 6 months visitor's record for now and then if my financial situation improves later on (by perhaps securing a digital nomad job with a company outside Canada), can I then renew my visitor's record after those 6 months and apply for another extension?

Or will IRCC say that my approach is wrong because I should be applying for a 1 year visitor's record because that's how long a H&C application is expected to take in the first stage?

Will they call my 6 month increment approach problematic because the motive for it seems very flimsy. I.e. They will say "You say that a H&C application takes 12 months to get processed in the first stage, so why are you applying for only a 6 month extension"?

- If you are applying for PR under H&C, you really want to remain in Canada without leaving or your chances of approval will be reduced significantly.
- Processing times to stage 1 of H&C are closer to two years now, to the best of my knowedge, and are increasing.
- If you are on a visitor record and leave Canada, you cannot re-enter on the visitor record. You need a valid TRV or eTA (whichever applies).
- Once you apply for H&C, IRCC can be reluctant to approve a visitor record / extension and it's not uncommon to fall out of status in Canada while you wait for IRCC to process your application. If that happens, you simply remain in Canada without status until there is a decision in your application.
- Once you apply for H&C, it's also generally much more difficult to get a new TRV / eTA approved.

 

[Ruffian2000]

- If you are applying for PR under H&C, you really want to remain in Canada without leaving or your chances of approval will be reduced significantly.

The chances of approval reducing after leaving Canada depends on the basis for the H&C application right? What if there is no immediate danger of returning to home country?

I recently heard a story where a LMIA worker had made an application for the TR-to-PR pathway, but due to some delays (which were outside of the applicant's control), they lost their eligibility for the program. So then they made a H&C application and explained all this, and they got approved for PR. In cases like that, there wasn't a 'Best Interest of Child' factor or a danger of returning to home country.....it was more like claiming that something was unfair.

 

[canuck78]

- If you are applying for PR under H&C, you really want to remain in Canada without leaving or your chances of approval will be reduced significantly.
- Processing times to stage 1 of H&C are closer to two years now, to the best of my knowedge, and are increasing.
- If you are on a visitor record and leave Canada, you cannot re-enter on the visitor record. You need a valid TRV or eTA (whichever applies).
- Once you apply for H&C, IRCC can be reluctant to approve a visitor record / extension and it's not uncommon to fall out of status in Canada while you wait for IRCC to process your application. If that happens, you simply remain in Canada without status until there is a decision in your application.
- Once you apply for H&C, it's also generally much more difficult to get a new TRV / eTA approved.

Unlike like previous years IRCC is removing people waiting for H&C so it may not be possible to remain in Canada without status for years.

 

[scylla]

The chances of approval reducing after leaving Canada depends on the basis for the H&C application right? What if there is no immediate danger of returning to home country?

I recently heard a story where a LMIA worker had made an application for the TR-to-PR pathway, but due to some delays (which were outside of the applicant's control), they lost their eligibility for the program. So then they made a H&C application and explained all this, and they got approved for PR. In cases like that, there wasn't a 'Best Interest of Child' factor or a danger of returning to home country.....it was more like claiming that something was unfair.

Yes, the basis for applying is certainly a factor. However leaving Canada generally works against you regardless. If you have to leave, make sure you are already holding a valid TRV or eTA (vs applying for one outside of Canada) so that you can return. Try to keep your time outside of Canada short.

The scenario you've mentioned above is also a more rare one in terms of getting to approval. If you want to pursue this type of path, my very strong recommendation is to work with a good immigration lawyer.