Four years ago I made mistake that has been haunting me ever since. I applied to renew a post graduate work permit. Since the I have been searching for ways and means to get back legal status. Every opportunity and potential avenue that I have tried have so far gotten me nowhere and yet again I am at the end of my rope. I have been living here without status in the hope that some way or some how I can find a way. So far the only thing I have found is the Humanitarian and Compassionate Considerations. Is this all that is left for me, I need to know. If there is anyone out there who has any experience with this application or knows of another avenue or would recommend that I cut my loses and go, it will be greatly appreciated. Thank you for your time.
Are there any options left?
- Thread starter Daryll
- Start date
Provide more information about your case if you want help. Why do you think you qualify under H&C? What have you been doing in Canada for the past 4 years?
H&C isn't meant for people who overstayed. It's meant for people with genuine humanitarian and compassionate reasons to be allowed to stay. What are your reasons?
H&C isn't meant for people who overstayed. It's meant for people with genuine humanitarian and compassionate reasons to be allowed to stay. What are your reasons?
H&C is your only option at this point to fix your status independently. It's otherwise too late to restore your status from within Canada (that window was only open for 90 days after your visa expired). You also cannot apply for PR through any economic immigration stream (e.g. Express Entry, PNP) while in Canada without status. The only out would be if you are in a genuine relationship with a Canadian (either married or common law) who is willing to sponsor you for permanent residency.
H&C cases have low approval rates. Unless there's more to your story, it really doesn't sound like you have a case for H&C. I would avoid going the H&C route unless you have a strong application and strong grounds for H&C consideration.
H&C came about as a result to a consultation with an immigration lawyer and I am aware of the risks. Guess I wanted another opinion on my chances. I have spent the first 2 years renewing visitors visas and trying to find a business that was willing to do a LMIA but, was unsuccessful. Gave up and planned to leave. Due to financial circumstances I couldn't and that is when I was introduced to the lawyer who proposed H&C as a possible option (this is not the original lawyer I took my case to when I lost my status). I have been trying to save to make something happen and have hit too many roadblocks to count. So now just stuck between a rock and a hard place no way back and no way forward.
If your situation is what you say it is, H&C is extremely unlikely. Sure, there may be a 1% chance, no one can be 100% sure, but it's probably the same as winning the lottery.
This lawyer - how much is he/she proposing to charge you for an H&C application that they know is almost certain to fail?
I guess it's up to you. If you are fully aware that you are most likely going to lose, you can make a decision with your eyes open.
Have you considered saving the $6000 and trying to qualify through Express Entry? You'd have to leave Canada, but perhaps this is an option?
OK - so returning home and then applying for a working holiday visa later isn't an option.
I personally don't think you have any real chance for approval through H&C. There really aren't any other options for legalizing your status in Canada at this point. I would return to your home country as soon as you can and then focus on getting the work experience / language test results / etc. you need to potentially qualify for PR through an economic immigration program like Express Entry.
