humanitarian and compassionate application

[MessiBoi]

Hi everyone.
New to this.
I am planning to apply under H&C ground. I just wanted to know what happens when your visa (mine in study permit) expires while the H&C application process is underway. I know I wont be able to apply for work permit until the Stage 1 AIR. Seeing that it will take alot of time to reach to this stage 1, and my visa will end way before I reach that stage, what are the chances of getting visitor visas approved if my current study permit ends. Thank you,

 

[canuck78]

Hi everyone.
New to this.
I am planning to apply under H&C ground. I just wanted to know what happens when your visa (mine in study permit) expires while the H&C application process is underway. I know I wont be able to apply for work permit until the Stage 1 AIR. Seeing that it will take alot of time to reach to this stage 1, and my visa will end way before I reach that stage, what are the chances of getting visitor visas approved if my current study permit ends. Thank you,

Why don't you apply for PGWP? Studying and working allows you to have control over your destiny while applying for asylum is risky and has negative consequences even if you get approved. It becomes very hard for family members to visit most protected people because there is concern they will also claim asylum. You also won't be able to return to your home country in the next 4-5 years at the very earliest. Asylum should only be pursued when people have no other option of getting PR.

 

[MessiBoi]

Why don't you apply for PGWP? Studying and working allows you to have control over your destiny while applying for asylum is risky and has negative consequences even if you get approved. It becomes very hard for family members to visit most protected people because there is concern they will also claim asylum. You also won't be able to return to your home country in the next 4-5 years at the very earliest. Asylum should only be pursued when people have no other option of getting PR.

hi thank you for your reply. I have been here since 2011. I have already applied for PGWP before. My PR got rejected because my work experience (CEC requires 1 year of skilled work experience in Canada, in the last 3 years) crossed that 3 years mark by a few months. I have been studying full-time for the majority of my time in Canada besides the 3 years full-time work I did when I had PGWP. Anyways, my University is done and my permit will expire next year. I am looking at H&C ground option, but my concern is more of if I can get visitor visa when my permit expires so that I wont be out of status while my H&C application is in process.

 

[canuck78]

hi thank you for your reply. I have been here since 2011. I have already applied for PGWP before. My PR got rejected because my work experience (CEC requires 1 year of skilled work experience in Canada, in the last 3 years) crossed that 3 years mark by a few months. I have been studying full-time for the majority of my time in Canada besides the 3 years full-time work I did when I had PGWP. Anyways, my University is done and my permit will expire next year. I am looking at H&C ground option, but my concern is more of if I can get visitor visa when my permit expires so that I wont be out of status while my H&C application is in process.

You can try to change your status to visitor but you are unlikely to get extensions to cover the whole H&C process.

 

[Naturgrl]

Under what considerations are you eligible for H&C.

 

[MessiBoi]

Under what considerations are you eligible for H&C.

I will be discussing the options with a lawyer in the coming weeks. I am looking at the "establishment in Canada" route.

 

[scylla]

hi thank you for your reply. I have been here since 2011. I have already applied for PGWP before. My PR got rejected because my work experience (CEC requires 1 year of skilled work experience in Canada, in the last 3 years) crossed that 3 years mark by a few months. I have been studying full-time for the majority of my time in Canada besides the 3 years full-time work I did when I had PGWP. Anyways, my University is done and my permit will expire next year. I am looking at H&C ground option, but my concern is more of if I can get visitor visa when my permit expires so that I wont be out of status while my H&C application is in process.

The short answer to your question is that there is no guarantee you'll be able to keep your status in Canada legal while you wait for your H&C application to be processed. It's quite possible IRCC may refuse an application to convert your status to visitor or potentially refuse an extension. It's really impossible for any of us to say for sure. However there's absolutely a risk that you will fall out of status in Canada while waiting for the outcomes of the H&C application. Good luck.

 

[MessiBoi]

The short answer to your question is that there is no guarantee you'll be able to keep your status in Canada legal while you wait for your H&C application to be processed. It's quite possible IRCC may refuse an application to convert your status to visitor or potentially refuse an extension. It's really impossible for any of us to say for sure. However there's absolutely a risk that you will fall out of status in Canada while waiting for the outcomes of the H&C application. Good luck.

Do you have suggestion of any good lawyers regarding H&C ?

 

[scylla]

Do you have suggestion of any good lawyers regarding H&C ?

Sorry - I don't.

Someone in the Refugee / Asylum section of the forum may have a recommendation.