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H&C Humanitarian Ground with/or Without Failed refugee claim

Jaxico

Hero Member
Nov 29, 2020
208
364
Hey there - it's because an H&C is actually an application to waive the requirement to apply for PR from outside of Canada. If you leave it will still be assessed however you're adding a consideration that perhaps you don't need a waiver at all and that you can apply from outside of Canada. Applications from outside of Canada have a greater focus on skills and education and job offers and, and, and whatever the specific landing categories require.

Also, there is this common question asked, "can I leave Canada..." when the real question should be, "will I be allowed back into Canada after leaving?" No one can guarantee entry to Canada for people without some sort of permanent residence. If you're trying to return because you have an open H&C application asserting that you can't leave then this is a picnic for the Officer to dine out on.

Exceptions? There is always the possibility for a well reasoned argument to do just what you mention successfully - to leave and return without any negative effect, but the risk is always there that you will completely blow it all by yourself by stepping out and not being able to step back in. So if one leaves is it au revoir, or is it adieu?
Thank you so much! I’m on WP for 2 more years, ( I could come back with quarantine without problem) the reason is because I usually travel for work to US or Mexico. I haven’t done during last year as COVID and I may do again, before I decide of course I want to be 100% sure.
I applied on November and I’m in process right now.
thank you ;)
 
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Ajakarian17

Star Member
Jan 23, 2021
157
102
Hi Everyone, I came to Canada in 2010 as a student and started from middle of grade 11. Then I attended undergrad at York university. Then I got my PGWP but didn’t really use it since I got accepted to Law school. After finishing law school, I realized I don’t have any path to get another work permit so I applied for H&C in June 2020 and my application is still in process.

Also since 2010 I went back to my home country of Iran 3 times to visit family and last time was 2013.

Finally my parents and brother got their PR in summer of 2019, I was kicked off of their application due to my age (in our opinion wrongfully since I was under 23 when their application was originated).

Based on the information above what are my chances? I received a letter about biometrics on September 2020 but because of Covid couldn’t do it. I haven’t heard since. Im worried and it has really been affecting my mental health since my career is on pause. I don’t what is happening with my life and future. Any insight would be helpful.
Why you didn't apply before !? what is your H&C arguments ? 10 years in Canada with diplomas can hae a good impact for establishment but its not really an h&c reason ! many people lived in the country 5, 7 10 .... years , some had companies and business , others work experience and diploma.. but they didn't get AIP !!! you have to demonstrate in your file how it can be hard for you to leave Canada and apply for PR from outside the country, did you send reports from doctors, psycologicals etc.... did you send support letters , pictures with you relatives and friends in canada, articles and documents about your home country etc,,, ? positive thing here is that your country of origin is not a developed nation with high living conditions so it can help you.
you must know that everything depends on the officer.
pray t god that everything will be fine
 
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canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Hi Everyone, I came to Canada in 2010 as a student and started from middle of grade 11. Then I attended undergrad at York university. Then I got my PGWP but didn’t really use it since I got accepted to Law school. After finishing law school, I realized I don’t have any path to get another work permit so I applied for H&C in June 2020 and my application is still in process.

Also since 2010 I went back to my home country of Iran 3 times to visit family and last time was 2013.

Finally my parents and brother got their PR in summer of 2019, I was kicked off of their application due to my age (in our opinion wrongfully since I was under 23 when their application was originated).

Based on the information above what are my chances? I received a letter about biometrics on September 2020 but because of Covid couldn’t do it. I haven’t heard since. Im worried and it has really been affecting my mental health since my career is on pause. I don’t what is happening with my life and future. Any insight would be helpful.
You have to be under 21 or under to be included on their application
 

Ajakarian17

Star Member
Jan 23, 2021
157
102
I was waiting for my family to get their PR first as I didn’t wanted to jeopardize their application and I was trying to figure out if there was another way for me to get PR before applying for H&C.

I explained that I have no connection to my origin country and that my qualifications in Canada won’t translate so if I go back all my education in Canada will go to waste considering Im a qualified to be lawyer here. Also if I go back I have to to the mandatory military service required for all men before being eligible to work.

I didn’t include any documents regarding my mental health but upon rejection I will have to for reconsideration.

I have proof of my parents and brother being residents of Canada and I think it is obvious that I have established my life in Canada since I have been here almost half my life and all my adult life.
may i know how your parents got PR ?
 
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Simba112

VIP Member
Mar 25, 2021
4,357
1,579
Hello people,
Why the lawyers don’t recommend to leave the country while you are applying under H&C? Anyone knows about this?
What happen if you have an urgency in your country or travel for work?
Thank you ;)
Hey there - it's because an H&C is actually an application to waive the requirement to apply for PR from outside of Canada. If you leave it will still be assessed however you're adding a consideration that perhaps you don't need a waiver at all and that you can apply from outside of Canada. Applications from outside of Canada have a greater focus on skills and education and job offers and, and, and whatever the specific landing categories require.

Also, there is this common question asked, "can I leave Canada..." when the real question should be, "will I be allowed back into Canada after leaving?" No one can guarantee entry to Canada for people without some sort of permanent residence. If you're trying to return because you have an open H&C application asserting that you can't leave then this is a picnic for the Officer to dine out on.

Exceptions? There is always the possibility for a well reasoned argument to do just what you mention successfully - to leave and return without any negative effect, but the risk is always there that you will completely blow it all by yourself by stepping out and not being able to step back in. So if one leaves is it au revoir, or is it adieu?
Great answer...
 

Ajakarian17

Star Member
Jan 23, 2021
157
102
I was waiting for my family to get their PR first as I didn’t wanted to jeopardize their application and I was trying to figure out if there was another way for me to get PR before applying for H&C.

I explained that I have no connection to my origin country and that my qualifications in Canada won’t translate so if I go back all my education in Canada will go to waste considering Im a qualified to be lawyer here. Also if I go back I have to to the mandatory military service required for all men before being eligible to work.

I didn’t include any documents regarding my mental health but upon rejection I will have to for reconsideration.

I have proof of my parents and brother being residents of Canada and I think it is obvious that I have established my life in Canada since I have been here almost half my life and all my adult life.
obtaining permanent residence in canada must be the main objective but not professional or academic life because status in Canada is the basis of our life in the country. With the PR we have all the options to study and work... without obstacles.
Anyway... you will certainly find a solution, don't lose hope.
if you have a good file, you will get it.
pray t god that a good officer will process you application.
 

Buletruck

VIP Member
May 18, 2015
6,687
2,531
I was waiting for my family to get their PR first as I didn’t wanted to jeopardize their application and I was trying to figure out if there was another way for me to get PR before applying for H&C.

I explained that I have no connection to my origin country and that my qualifications in Canada won’t translate so if I go back all my education in Canada will go to waste considering Im a qualified to be lawyer here. Also if I go back I have to to the mandatory military service required for all men before being eligible to work.

I didn’t include any documents regarding my mental health but upon rejection I will have to for reconsideration.

I have proof of my parents and brother being residents of Canada and I think it is obvious that I have established my life in Canada since I have been here almost half my life and all my adult life.
So why not just apply to immigrate rather than the effort to claim H&C and the risk of being refused?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
How is that incorrect? Are you aware of lock-in age?
This statement is incorrect:

Finally my parents and brother got their PR in summer of 2019, I was kicked off of their application due to my age (in our opinion wrongfully since I was under 23 when their application was originated).
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
My objective is clear here. I never wanted to apply through H&C if I didn’t have to. If the stupid once in a life time Post Graduation Work Permit rule didn’t exist I would be on the course to apply for express entry and my score would be so high I would have 99% chance to be invited to apply for PR.
I am a victim of glitch in the immigration system only because I pursued higher education.
Not a stupid rule or people would be able to finish one program, then apply for PGWP and do the same thing indefinitely. It’s unfortunate that you applied for PGWP after your bachelors knowing you wanted to attend law school.
 

Ajakarian17

Star Member
Jan 23, 2021
157
102
My objective is clear here. I never wanted to apply through H&C if I didn’t have to. If the stupid once in a life time Post Graduation Work Permit rule didn’t exist I would be on the course to apply for express entry and my score would be so high I would have 99% chance to be invited to apply for PR.
I am a victim of glitch in the immigration system only because I pursued higher education.
residency should be the most important goal, no matter how you got it (don't make false statements that's all)
 
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