H&C Question- need help urgently

[armin_suljovikj]

Hi guys,

I have a friend who wants to apply for H&C(Humanitarian and Compassionate Considerations) together with his spouse.

Beside doing this application, few years later his spouse plans to enroll in school via applying for study permit and if she has a chance, she might want to try to apply for PNP and PR.

Will it be problematic in the future if in case his spouse gets PNP to apply also for PR? Is it a problem to have two applications at the same time, one being H&C and another a PR application via PNP.

As we know H&C has a long processing time, so the main concern is, are even allowed to apply for PNP/PR if we already have an H&C application going on.

Any feedback would be appreciated.

 

[canuck78]

What are their statuses in Canada and when do they expire?

 

[Copingwithlife]

Hi guys,

I have a friend who wants to apply for H&C(Humanitarian and Compassionate Considerations) together with his spouse.

Beside doing this application, few years later his spouse plans to enroll in school via applying for study permit and if she has a chance, she might want to try to apply for PNP and PR.

Will it be problematic in the future if in case his spouse gets PNP to apply also for PR? Is it a problem to have two applications at the same time, one being H&C and another a PR application via PNP.

As we know H&C has a long processing time, so the main concern is, are even allowed to apply for PNP/PR if we already have an H&C application going on.

Any feedback would be appreciated.

https://www.canada.ca/en/immigratio...umanitarian-compassionate-considerations.html

Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.

• are not eligible to apply for permanent residence from within Canada in any of these classes:
  • Spouse or Common-Law Partner;
  • Economic Class;
  • Protected Person and Convention Refugees;
  • Temporary Resident Permit Holder.

 

[armin_suljovikj]

https://www.canada.ca/en/immigratio...umanitarian-compassionate-considerations.html

Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.

• are not eligible to apply for permanent residence from within Canada in any of these classes:
  • Spouse or Common-Law Partner;
  • Economic Class;
  • Protected Person and Convention Refugees;
  • Temporary Resident Permit Holder.

The spouse is currently not eligible for Economic class. But whos to say what she may come eligible for in the next few years?

What if she wants to study all of a sudden?

Can that be taken as a red flag if she suddenly after few years wants to study while their H&C is in processing and her study grants her a job that gives a PR pathway.

 

[armin_suljovikj]

What are their statuses in Canada and when do they expire?

Husband is on closed work permit which expires 2027 August.

 

[Copingwithlife]

The spouse is currently not eligible for Economic class. But whos to say what she may come eligible for in the next few years?

What if she wants to study all of a sudden?

Can that be taken as a red flag if she suddenly after few years wants to study while their H&C is in processing and her study grants her a job that gives a PR pathway.

You’re ignoring the remark from the IRCC in bold text

 

[armin_suljovikj]

You’re ignoring the remark from the IRCC in bold text

Sorry I am having difficult time understand what it means.

If they apply for H&C, does that mean that his spouse can't apply for study permit later?

Does it also mean that they can't apply for PR later?

 

[Naturgrl]

Sorry I am having difficult time understand what it means.

If they apply for H&C, does that mean that his spouse can't apply for study permit later?

Does it also mean that they can't apply for PR later?

What is her status now? If his work permit doesn't expire until 2027 then why H&C? Her chances of study permit approval are zero if she applied for H&C. Not eligible for PR through Express Entry or PNP if applied for H&C.

 

[armin_suljovikj]

She had a work permit, now she is on a visitor record and husband is on work permit.

Can you show me where on IRCC's website it says that if you have an H&C application, you can't apply for Express Entry or Non express entry application?

 

[Naturgrl]

She had a work permit, now she is on a visitor record and husband is on work permit.

Can you show me where on IRCC's website it says that if you have an H&C application, you can't apply for Express Entry or Non express entry application?

If she applies for a study permit not it is processed from home country. She has to show funds, ties to return and justify costs with higher pay and promotion when she returns home.

Post #4. Economic Class is Express Entry and PNPs.

Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.

• are not eligible to apply for permanent residence from within Canada in any of these classes:
  • Spouse or Common-Law Partner;
  • Economic Class;
  • Protected Person and Convention Refugees;
  • Temporary Resident Permit Holder.

 

[canuck78]

She had a work permit, now she is on a visitor record and husband is on work permit.

Can you show me where on IRCC's website it says that if you have an H&C application, you can't apply for Express Entry or Non express entry application?

Applying for H&C does not prevent removal and they are unlikely to qualify for WPs until AIP. Processing time is literally decades at this point and the program is likely going to be reformed because it is no longer functional. Not being able to get PR via economic pathway is not grounds for H&C. The couple should start learning French, work in an NOC in demand whether in Canada or in their home country for the spouse on a VR if they don’t qualify for an SOWP, increase English language scores if possible, do another degree inside or outside Canada, etc.

 

[abff08f4813c]

Agree with all of the responses. Since husband's work permit doesn't expire until August 2027, which is a few years away, the timing does aline well - wife can get her own open work permit if her husband's work permit is eligible (see https://www.canada.ca/en/immigratio...mmon-law-partner-canada-open-work-permit.html for details). If not then best to stay on the visitor record until the wife is ready to apply for the study permit.

The timeline about the H&C application is right. The official gov't source at https://www.canada.ca/en/immigratio...vices/application/check-processing-times.html is currently reporting "More than 10 years" along with "About 49,400 people waiting" (so basically if applied for H&C now the application would still be open when the wife is trying to apply for the study permit and later the economic class PR, so definitely a conflict there).

While not a government source, it's noted in https://ccrweb.ca/en/issues-humanitarian-and-compassionate-applications that H&C takes a long time and is getting worse.

Also, you shouldn't leave Canada once H&C has been applied for. See https://www.canadavisa.com/canada-i...an-compassionate-re-admitted-question.827335/ (which references the text of an official letter from IRCC) and https://www.immigration-nation.ca/2...ompassionate-permanent-residence-application/

As for a more official gov't source, as per https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=483&top=15 most folks can't apply for a study permit within Canada. There are some exceptions (including for refugee claimants) but these don't cover H&C. So the wife would have to leave Canada to apply for the study permit, meanwhile as per the earlier paragraph it's generally a bad idea to leave Canada with a pending H&C. You can see why there's a problem.

For reference, here's the exceptions:

You can view the list of exceptions from https://www.canada.ca/en/immigratio...services/study-canada/study-permit/apply.html if you chose the right options,
Only some people can apply for a study permit from within Canada. Do any of the situations below describe you or the person you’re applying for? (required)
You’re currently in Canada and one of these applies:

• you have a valid study or work permit
• your spouse or common-law partner or your parent has a valid study or work permit
• you’re a minor child in primary or secondary school
• you’re an exchange student or visiting student
• you completed a short-term course or study program required to be accepted at a designated learning institution
• you or your spouse or common-law partner or your dependent child has a temporary resident permit valid for 6 months or more
• you’re being sponsored to immigrate and you already applied for permanent residence (if you’re eligible)
• you or your spouse or common-law partner or your dependent child are subject to an unenforceable removal order
• you’re the spouse or common-law partner or your dependent child of
  • an athlete on a team based in Canada
  • a member of the media
  • a member of the clergy
  • military personnel on duty in Canada, or
  • an accredited foreign representative
• you’re a refugee claimant in Canada or a family member of a refugee claimant in Canada