Can i apply for residency on H&C grounds?Am i eligible?

[vegetasama]

I came to Canada in December 2014 on a study permit which i extended in 2017 March and got it till Sept 2018. I applied for a visitor record which got refused because my lawyer attached a letter saying i have filed for an Lmia along with details of the employer. I have applied for restoration and waiting for the decision, but looking at the forum and responses by other members i have a strong feeling that it will get refused.

I was 17 when i came to Canada, turning 22 in a couple weeks. My grades were good in the starting 2 semesters but then i started skipping classes/assignments after that because my gf(back home) broke up with me and I went into depression. I changed courses and tried to start over but i continued skipping classes and assignments and got removed from my course in the third semester. I took therapy at my college for my depression and anxiety but stopped going afterwards.

Right now i am living with my friends and have some money which will last me a few months. I have told my parents everything(i know its too late now) and they said they will support me in whatever i do. At this stage i do not want to go back because i will have to start my life all over again(going to college from the start etc.).

I do not want to live illegally as i have seen a lot of people doing that and it is not an easy life to live. I do not want to live in a constant fear of getting deported.

 

[Bs65]

Maybe I missed it but why do you think you qualify for any type of H&C application just because you do not want to go back home ? Might sound hard but you have unlike many people had quite a few opportunities to make a success of staying on in Canada first through study and then if you had not failed that through a PGWP followed eventually by PR. Your only option now apart from studying again and qualifying without skipping anything at all seems to be the LMIA route.

H&C would not work in my opinion in your case based on what you have said but for sure you need to get your status in the country resolved as soon as possible one way or the other . Also note not sure why posted in the refugee/asylum thread as that tends to be for people fleeing from war torn countries or countries where they are facing persecution . Good luck

https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/humanitarian-compassionate-grounds.html

 

[scylla]

I came to Canada in December 2014 on a study permit which i extended in 2017 March and got it till Sept 2018. I applied for a visitor record which got refused because my lawyer attached a letter saying i have filed for an Lmia along with details of the employer. I have applied for restoration and waiting for the decision, but looking at the forum and responses by other members i have a strong feeling that it will get refused.

I was 17 when i came to Canada, turning 22 in a couple weeks. My grades were good in the starting 2 semesters but then i started skipping classes/assignments after that because my gf(back home) broke up with me and I went into depression. I changed courses and tried to start over but i continued skipping classes and assignments and got removed from my course in the third semester. I took therapy at my college for my depression and anxiety but stopped going afterwards.

Right now i am living with my friends and have some money which will last me a few months. I have told my parents everything(i know its too late now) and they said they will support me in whatever i do. At this stage i do not want to go back because i will have to start my life all over again(going to college from the start etc.).

I do not want to live illegally as i have seen a lot of people doing that and it is not an easy life to live. I do not want to live in a constant fear of getting deported.

As said above, this isn't an H&C case. There is nothing preventing you from returning home. Not wanting to go home because you'll have to start your college studies over is not grounds for H&C.

If you cannot restore to a study permit in Canada and continue your studies here, you should make plans to return home and speak with colleges in your home country to see if you can get any credit for the courses you have completed here.