Looking for an option

[randj]

I came to Canada with Tourist visa and I submitted a Refugee Claim because of my family and I have a problem that threatens our humanity. The case is that our Refugee Claim was denied. We appealed to the Federal Court, and we had a new hearing, but our case was denied again. We have been in Canada for three years and during this time my husband and me was working and paying taxes. We have three kids 6, 8 and 11 years old. My husband got a job in technology as engineer in Toronto and he has been working for two years in the same company. When came our English was very poor, however we went to school and our English it´s better now. I need help to know if exists any different way to get the permanent resident our points for Express Entry aren´t enough and to apply we need leave the country. We are close to apply to the Humanitarian and Compassionate Grounds, but it's a hard process and can be deported if our arguments aren´t enough and we cannot come back to our country. The COVID-19 is doing the things worst.

I really appreciate if anyone can help me with any recommendation. I read that Refugee Claiments are not temporary residens, therefore we have not accumulated Canadian work experience, but I´m not sure about that information.

Thanks in advance.

 

[scylla]

I came to Canada with Tourist visa and I submitted a Refugee Claim because of my family and I have a problem that threatens our humanity. The case is that our Refugee Claim was denied. We appealed to the Federal Court, and we had a new hearing, but our case was denied again. We have been in Canada for three years and during this time my husband and me was working and paying taxes. We have three kids 6, 8 and 11 years old. My husband got a job in technology as engineer in Toronto and he has been working for two years in the same company. When came our English was very poor, however we went to school and our English it´s better now. I need help to know if exists any different way to get the permanent resident our points for Express Entry aren´t enough and to apply we need leave the country. We are close to apply to the Humanitarian and Compassionate Grounds, but it's a hard process and can be deported if our arguments aren´t enough and we cannot come back to our country. The COVID-19 is doing the things worst.

I really appreciate if anyone can help me with any recommendation. I read that Refugee Claiments are not temporary residens, therefore we have not accumulated Canadian work experience, but I´m not sure about that information.

Thanks in advance.

If you want to avoid leaving Canada, your only option at this point is to apply for PR through H&C. You are right that H&C is an uncertain path - applications take around 3 years to process and approval rates are low. However this is your only option at this time.

Yes, there are options other than Express Entry. Each province has its own program with their own requirements which are referred to as the PNP programs. If you want to apply through an economic immigration stream like Express Entry or the PNP programs, you would need to leave Canada first. You cannot apply from within Canda. Since you have a failed refugee claim, you are currently considered to be in Canada without status. You cannot apply for PR through an economic immigration stream like Express Entry or PNP while in Canada without status. And yes, to the best of my knowledge, any work experience gained in Canada under a refugee work permit cannot be counted towards PR.

Again, unfortunately H&C is your only option at this point if you don't want to leave Canada.

 

[scylla]

Just to add to my comment above, if you go ahead with the H&C application, please do so with the help of a good immigration lawyer.

 

[randj]

Just to add to my comment above, if you go ahead with the H&C application, please do so with the help of a good immigration lawyer.

Thank you very much for your prompt response. God bless you! I'm struggling with the application forms finding the best responses about my case to be taken into account for the IRCC judge.

 

[scylla]

Thank you very much for your prompt response. God bless you! I'm struggling with the application forms finding the best responses about my case to be taken into account for the IRCC judge.

Yes, that's why the best option is to hire a Canadian immigration lawyer to assist you. This will cost a few thousand dollars but will give you the best chance of succededing. Good luck.