Humanitarian and compassionate with criminal inadmissibility

[hope5319]

Hi there,

I was studying in Canada and due my mental health condition I was committed a crime assault with weapon in 2017 and due to my illness the prosecutor tried to help me and he was fully understanding and gives me a suspended sentence with a condition to leave Canada after long time trying to fight the removal I had been deported in 2019.
My question now I am thinking to apply for HM application to overcome my criminal inadmissibility taking into account that there is only 3 months left and I will be eligible to apply for record suspension now I am married and having a child I am thinking seriously to return again to Canada due to the hardships I face i here in Egypt me and my family and the poor quality of living.
Now I believed that I lost a great chance for better future in great country like canada and I know that I made a big mistake to fight with someone but I believe in second chances and I admit my mistake and I remorse it.
My question now what is the best plan I can follow to return again to Canada I am really confused and didn't know from where to start.
Waiting for your replies I will appreciate it.
Thanks again
Regards

 

[Naturgrl]

Hi there,

I was studying in Canada and due my mental health condition I was committed a crime assault with weapon in 2017 and due to my illness the prosecutor tried to help me and he was fully understanding and gives me a suspended sentence with a condition to leave Canada after long time trying to fight the removal I had been deported in 2019.
My question now I am thinking to apply for HM application to overcome my criminal inadmissibility taking into account that there is only 3 months left and I will be eligible to apply for record suspension now I am married and having a child I am thinking seriously to return again to Canada due to the hardships I face i here in Egypt me and my family and the poor quality of living.
Now I believed that I lost a great chance for better future in great country like canada and I know that I made a big mistake to fight with someone but I believe in second chances and I admit my mistake and I remorse it.
My question now what is the best plan I can follow to return again to Canada I am really confused and didn't know from where to start.
Waiting for your replies I will appreciate it.
Thanks again
Regards

You cannot apply for H&C unless in Canada. You need to speak to a Canadian immigration lawyer if you are even admissible to Canada once 5 years have past. How would you immigrate to Canada? You need to look at Express Entry or PNP programs.

 

[hope5319]

You cannot apply for H&C unless in Canada. You need to speak to a Canadian immigration lawyer if you are even admissible to Canada once 5 years have past. How would you immigrate to Canada? You need to look at Express Entry or PNP programs.

Thanks my friend for your reply I was on study permit.
I also searched and found that it possible to apply for HM from outside canada you can check.
Thanks again for your thoughts it very helpful I will ask an immigration lawyer

 

[Naturgrl]

Thanks my friend for your reply I was on study permit.
I also searched and found that it possible to apply for HM from outside canada you can check.
Thanks again for your thoughts it very helpful I will ask an immigration lawyer

You don’t understand how H&C works. What PR program have you applied to, are eligibile & been invited to? Then you may go through H&C to overcome inadmisability. You don’t just apply for it with no reason to. I want to come to canada for a better life is not a reason or everyone would do it.

 

[hope5319]

You don’t understand how H&C works. What PR program have you applied to, are eligibile & been invited to? Then you may go through H&C to overcome inadmisability. You don’t just apply for it with no reason to. I want to come to canada for a better life is not a reason or everyone would do it.

Honestly I am really not fully understanding how the H&W works and I hope you will help me get a better vision on it.
And for the reasons I had a strong reasons but I can't mention it here in the forum.
I am just tring y to get thoughts to know which track I can follow.
Thanks for your great input

 

[scylla]

Hi there,

I was studying in Canada and due my mental health condition I was committed a crime assault with weapon in 2017 and due to my illness the prosecutor tried to help me and he was fully understanding and gives me a suspended sentence with a condition to leave Canada after long time trying to fight the removal I had been deported in 2019.
My question now I am thinking to apply for HM application to overcome my criminal inadmissibility taking into account that there is only 3 months left and I will be eligible to apply for record suspension now I am married and having a child I am thinking seriously to return again to Canada due to the hardships I face i here in Egypt me and my family and the poor quality of living.
Now I believed that I lost a great chance for better future in great country like canada and I know that I made a big mistake to fight with someone but I believe in second chances and I admit my mistake and I remorse it.
My question now what is the best plan I can follow to return again to Canada I am really confused and didn't know from where to start.
Waiting for your replies I will appreciate it.
Thanks again
Regards

You cannot submit an H&C application from outside of Canada. You must be physically in Canada to apply for PR directly under H&C.

If you are inadmissible to Canada, then it would make sense to apply for rehabilitation. Once rehabilitation is approved, you can then try applying for a visa to come to Canada or for PR if you qualify.

 

[hope5319]

You cannot submit an H&C application from outside of Canada. You must be physically in Canada to apply for PR directly under H&C.

If you are inadmissible to Canada, then it would make sense to apply for rehabilitation. Once rehabilitation is approved, you can then try applying for a visa to come to Canada or for PR if you qualify.

Thanks for your reply I really appreciate it I found canada.ca that I can apply from outside canada https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html

I am with you that it's better to get a record suspension and start the process to get PR from inside canada.
I will contact an immigration advisor to know the avaliable ways.
Thanks again

 

[scylla]

Thanks for your reply I really appreciate it I found canada.ca that I can apply from outside canada https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html

I am with you that it's better to get a record suspension and start the process to get PR from inside canada.
I will contact an immigration advisor to know the avaliable ways.
Thanks again

No, you are misundertanding what this information says.

Again, you cannot apply for PR under H&C directly from outside of Canada. You must be physically in Canada to apply.

You can request H&C considerations from outside of Canada, but only as part of another application. So for example, let's say you are inadmissible to Canada but have spouse who is Canadian. You can apply for PR under spousal sponsorship and request H&C consideration. This is not the same as applying for PR under H&C directly (again, this is only possible if you are in Canada).

Please do work with a lawyer since you are misinterpreting what you are reading.

 

[hope5319]

No, you are misundertanding what this information says.

Again, you cannot apply for PR under H&C directly from outside of Canada. You must be physically in Canada to apply.

You can request H&C considerations from outside of Canada, but only as part of another application. So for example, let's say you are inadmissible to Canada but have spouse who is Canadian. You can apply for PR under spousal sponsorship and request H&C consideration. This is not the same as applying for PR under H&C directly (again, this is only possible if you are in Canada).

Please do work with a lawyer since you are misinterpreting what you are reading.

You are right I searched and found that I can't apply for H&M from outside canada except in specific circumstances.
I will contact a lawyer to find the best method to return to Canada
Thank you

 

[scylla]

You are right I searched and found that I can't apply for H&M from outside canada except in specific circumstances.
I will contact a lawyer to find the best method to return to Canada
Thank you

Good luck.

Your most realistic option of returning to Canada is most likely through an economic immigration program like Express Entry.

 

[Simba112]

Good luck.

Your most realistic option of returning to Canada is most likely through an economic immigration program like Express Entry.

Of which after 5 yrs and lengthy process to overcome criminal inadmissibility, i dont think he will have enough CRS scores for ITA. 5yrs will push his points under age factor to a very low, if he is late 20s or 30s.