Should I make an asylum application or a 'Humanitarian & Compassionate' application?

[canuck78]

I suggest you to make refugee claim, not H and C. You will not be eligible for disability benefit with H and C. Also, you will need to wait 2-3 years for outcome of H and C, during this time you are expected to be financially self-suffcient and to have private health insurance. By making asylum claim, you will get free healthcare and you will be eligible for disability benefits. This is crucial for you as person with disability. I recommend working with lawyer and focus on how disability put you at risk of harm and persecution in your country because of severe discrimination rather than solely facing stigmatization.

Given they would automatically be refused if new legislation passes that is not a great suggestion. They should meet with a few immigration lawyers and hopefully one will give them a realistic view of chances of being able to secure PR via a humanitarian pathway, processing times as well as ability to remain while application is being processed. Claiming asylum now, even if you are going to be refused if new legislation passes, has significant longterm negative consequences. The lawyer should also be exploring ways to maximize scores to target economic immigration pathways.

 

[Ruffian2000]

The issue is it could be an issue for an H&C claim if you are not financially self-sufficient.

How can they expect H&C applicants to be financially self-sufficient if they don't have work authorization in Canada? I mean how are they expecting the money to come?

 

[canuck78]

How can they expect H&C applicants to be financially self-sufficient if they don't have work authorization in Canada? I mean how are they expecting the money to come?

Your application can still be processed if you leave Canada. H&C was really meant for a rate number of extraordinary case which is no longer the case. CBSA rarely removed people who had filed H&C and now it happens.

 

[mrcj17]

Just my thoughts, this pathway right now is very controversial and is in the hot seat. If I were you, I would think a thousand times before applying for H&C. This is one of the loopholes that has been abused by many Temporary Residents, make sure that your application is genuine and is in good faith. Or it might jeopardize your dream to becoming a PR.



How did you come here in Canada by the way.?

 

[canuck78]

Just my thoughts, this pathway right now is very controversial and is in the hot seat. If I were you, I would think a thousand times before applying for H&C. This is one of the loopholes that has been abused by many Temporary Residents, make sure that your application is genuine and is in good faith. Or it might jeopardize your dream to becoming a PR.



How did you come here in Canada by the way.?

It used to at least delay removal and CBSA did not prioritize removals of non-criminals which is why you see examples of people getting denied and then reapplying, sometimes even multiple times, and remaining in Canada. Also getting WP was relatively easy if you applied for H&C which is also not the case. As Canada tries to decrease the volume of temporary residents they are trying to make it more uncomfortable/difficult to remain in Canada especially without status.

 

[Ruffian2000]

Just my thoughts, this pathway right now is very controversial and is in the hot seat. If I were you, I would think a thousand times before applying for H&C. This is one of the loopholes that has been abused by many Temporary Residents, make sure that your application is genuine and is in good faith. Or it might jeopardize your dream to becoming a PR.



How did you come here in Canada by the way.?

I came as a student.

How are people using H&C as loopholes? Do you mean by things such as birth tourism?

 

[canuck78]

I came as a student.

How are people using H&C as loopholes? Do you mean by things such as birth tourism?

Loophole meaning they can’t qualify for PR other ways so apply for H&C. In your case if you were a student you likely received PGWP but for whatever reason didn’t qualify for PR via economic pathways which is what the path should/meant to be used by international students.

 

[allaliallali]

i was thinking the same thing. you should rather prioritize the refugee path as you have more chances to be approved for stigmatization and also get approved faster along with work permit , healthcare etc.
btw i have close friends whom are disabled and receiving provincial benefits such as a monthly payment, free meds , dental care etc some can even save money at end or month depending their spendings and dont feel ashamed to apply for it we are in a free country where everyone is equal
hope i adressed your concern

 

[canuck78]

i was thinking the same thing. you should rather prioritize the refugee path as you have more chances to be approved for stigmatization and also get approved faster along with work permit , healthcare etc.
btw i have close friends whom are disabled and receiving provincial benefits such as a monthly payment, free meds , dental care etc some can even save money at end or month depending their spendings and dont feel ashamed to apply for it we are in a free country where everyone is equal
hope i adressed your concern

If the new legislation is approved they would not qualify and be refused quickly. It is very hard to prove persecution and that your life is at risk in your home country when you have been living in Canada for many years unless your country conditions have changed like a war has started. Claiming asylum has significant longterm consequences on your life and not limited to Canada. Also can have significant consequences on your family’s life. You should only apply if you have strong grounds for approval. Also a very good chance many of the generous programs will be cut for asylum seekers given the strain on federal, provincial and municipal governments.

 

[Ruffian2000]

If the new legislation is approved they would not qualify and be refused quickly. It is very hard to prove persecution and that your life is at risk in your home country when you have been living in Canada for many years unless your country conditions have changed like a war has started. Claiming asylum has significant longterm consequences on your life and not limited to Canada. Also can have significant consequences on your family’s life. You should only apply if you have strong grounds for approval. Also a very good chance many of the generous programs will be cut for asylum seekers given the strain on federal, provincial and municipal governments.

So far people have said that the "lack of job opportunities" argument cannot be used for an Asylum case, because that is a fact that affects everyone in your home country. But what if the lack-of-opportunity specifically affects you because of your disability (which is not considered a disability by your government)? And if you cannot find work, that is a risk to life?

 

[canuck78]

So far people have said that the "lack of job opportunities" argument cannot be used for an Asylum case, because that is a fact that affects everyone in your home country. But what if the lack-of-opportunity specifically affects you because of your disability (which is not considered a disability by your government)? And if you cannot find work, that is a risk to life?

Lack of job opportunities have never been grounds for asylum. You need to show proof of personal persecution, that your life is at risk, etc. You may have grounds for H&C but without additional details it is very hard to comment. You should be meeting with lawyers to see if they feel like you have a good chance of H&C. No lawyer should guarantee approval and some will try to charge you exorbitant fees so be careful. The fact that you appear to be applying to remain in Canada because no other economic options are available muddies the waters.