Leaving Canada - Before H&C application Or After?

[TacticalPolarBird]

My work permit is nearing its expiry date. I am thinking about making a H&C application because I am in a unique situation. However I might have to leave Canada (even if I apply for a visitor's visa).

I have been told that H&C applications cannot be made from outside Canada. And I am aware that leaving Canada can weaken the application, but that's just how it is. So my plan is to hopefully make the H&C application ASAP, and then leave Canada.

But my question is - does it really make a difference? If I am going to leave Canada anyways, does it matter if I make the application from inside Canada and then leave....or just make the application from outside Canada? Which option is better? Are they both equally bad options?

I have tried looking at the official justice laws website, and I could only find this relevant paragraph. The key difference is between the words "must" and "may". "Must" is used for looking at applications inside Canada and "may" is used for considering applications made from outside Canada.

" Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35, 35.1 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35, 35.1 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status"

So does this mean that they ONLY have to honor the request if the applicant is inside Canada? Which means that they can simply ignore the application if its made outside Canada?

Source:
https://laws.justice.gc.ca/eng/acts/I-2.5/section-25.html

 

[canuck78]

My work permit is nearing its expiry date. I am thinking about making a H&C application because I am in a unique situation. However I might have to leave Canada (even if I apply for a visitor's visa).

I have been told that H&C applications cannot be made from outside Canada. And I am aware that leaving Canada can weaken the application, but that's just how it is. So my plan is to hopefully make the H&C application ASAP, and then leave Canada.

But my question is - does it really make a difference? If I am going to leave Canada anyways, does it matter if I make the application from inside Canada and then leave....or just make the application from outside Canada? Which option is better? Are they both equally bad options?

I have tried looking at the official justice laws website, and I could only find this relevant paragraph. The key difference is between the words "must" and "may". "Must" is used for looking at applications inside Canada and "may" is used for considering applications made from outside Canada.

" Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35, 35.1 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35, 35.1 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status"

So does this mean that they ONLY have to honor the request if the applicant is inside Canada? Which means that they can simply ignore the application if its made outside Canada?

Source:
https://laws.justice.gc.ca/eng/acts/I-2.5/section-25.html

You can’t apply from outside Canada. You will have to advise IRCC when you leave Canada. Chances of approval will likely decrease dramatically if you leave Canada soon after applying for H&C but the application will be processed. Even if you remained in Canada many without status are now being removed while waiting for H&C to be processed because processing has become very long and chances of approval are quite low. May be very hard to remain as a visitor in Canada while waiting for H&C to be processed especially for recent H&C applicants. Most on WPs may be able to remain in Canada for a short period of time as visitors after their WP expires but visitor records have a high chance of being denied as Canada tries to reduce the volume of temporary residents.

 

[YVR123]

H&C cannot be applied from outside of Canada.

If you currently do not have a visitor visa (and require one to re-enter), the chance of getting a visitor visa approved AFTER you file H&C and leave Canada is low.

 

[TacticalPolarBird]

You can’t apply from outside Canada. You will have to advise IRCC when you leave Canada. Chances of approval will likely decrease dramatically if you leave Canada soon after applying for H&C but the application will be processed. Even if you remained in Canada many without status are now being removed while waiting for H&C to be processed because processing has become very long and chances of approval are quite low. May be very hard to remain as a visitor in Canada while waiting for H&C to be processed especially for recent H&C applicants. Most on WPs may be able to remain in Canada for a short period of time as visitors after their WP expires but visitor records have a high chance of being denied as Canada tries to reduce the volume of temporary residents.

When you say "can't", do you mean in terms of accessibility? Because I went on the IRCC PR portal and it just seems to be an online application where you attach electronic documents. So if its possible to access it while inside, why would it be inaccessible from outside Canada? Does the IRCC PR portal prevent you from submitting the application if it detects that your IP address is outside Canada?

 

[scylla]

When you say "can't", do you mean in terms of accessibility? Because I went on the IRCC PR portal and it just seems to be an online application where you attach electronic documents. So if its possible to access it while inside, why would it be inaccessible from outside Canada? Does the IRCC PR portal prevent you from submitting the application if it detects that your IP address is outside Canada?

It's not about accessibility. Applying for PR through H&C requires the applicant to be in Canada. It's one of the basic requirements. If you submit your appointment from outside of Canada, IRCC will determine you don't qualify and will cancel the application. There are several ways they can determine this, including travel records. If you are serious about applying, submit the application while you are still in Canada. Otherwise don't bother. You'll just be wasting your time.