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H&C Application

NRanjani

Full Member
Nov 10, 2022
33
0
I would like to apply for H&C , can anyone assist me to see if I am eligible to apply. Both myself and my husband was a Canadian PR and my son is a born Canadian citizen. During my maternity leave, we came back to our home country and due some unforeseen reason , we could not return back to Canada. We only completed around 690 days stay within the 5 years. We applied for PRTD but was rejected, so we did an appeal. Hearing was conducted via zoom but the decision our appeal was dismissed. We later filed again with Federal Court but sadly it was also dismissed even without hearing. Due to age factor , we are not able to apply via Express Entry or Federal Skilled again no doubt we have all the required qualification,exp and fund.
I would like to apply under H&C since my son is a born Canadian and in the interest of child.

Currently I am outside Canada, am I still eligible to apply under H&C.
 

scylla

VIP Member
Jun 8, 2010
95,606
21,958
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I would like to apply for H&C , can anyone assist me to see if I am eligible to apply. Both myself and my husband was a Canadian PR and my son is a born Canadian citizen. During my maternity leave, we came back to our home country and due some unforeseen reason , we could not return back to Canada. We only completed around 690 days stay within the 5 years. We applied for PRTD but was rejected, so we did an appeal. Hearing was conducted via zoom but the decision our appeal was dismissed. We later filed again with Federal Court but sadly it was also dismissed even without hearing. Due to age factor , we are not able to apply via Express Entry or Federal Skilled again no doubt we have all the required qualification,exp and fund.
I would like to apply under H&C since my son is a born Canadian and in the interest of child.

Currently I am outside Canada, am I still eligible to apply under H&C.
Not possible.

It is mandatory to be in Canada to apply under H&C.
 

NRanjani

Full Member
Nov 10, 2022
33
0
Some forum says, I can apply if I am outside Canada that is why I am confuse. What will be my best option then ?
 

scylla

VIP Member
Jun 8, 2010
95,606
21,958
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Some forum says, I can apply if I am outside Canada that is why I am confuse. What will be my best option then ?
It's not possible to apply from outside of Canada. You must be physically inside of Canada to apply for PR under H&C. You would need to obtain a TRV, travel to Canada, and the try applying for H&C once you arrive. Note that processing times are approximately two years and you will not be eligible to work for most of this time (or eligible for health care coverage).

Your best option is to try to somehow qualify for PR through an economic immigration program like PNP or Express Entry.
 

NRanjani

Full Member
Nov 10, 2022
33
0
I tried applying but due to my age 49, I cannot create a profile otherwise and PNP also cannot. I seriously need to bring my son back, my home country is a Muslim Country and a lot of discrimination. I regret returning back to my home country and now I am stuck.
 

scylla

VIP Member
Jun 8, 2010
95,606
21,958
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I tried applying but due to my age 49, I cannot create a profile otherwise and PNP also cannot. I seriously need to bring my son back, my home country is a Muslim Country and a lot of discrimination. I regret returning back to my home country and now I am stuck.
I'm not sure what options you have.

If you or your spouse can secure a job offer in Canada that is LMIA supported, then something may be possible.
 

NRanjani

Full Member
Nov 10, 2022
33
0
Can you please share how do I apply for LMIA job, legit website. I was working at Freedom Mobile as Technical Project Analyst and my hubby was with Telus as Project Manager. We were certainly very lucky because we manage to secure a permanent position within 1 month of coming to Canada and with highly paid job. Indeed it was a blessed land for us. Being a childless couple for many years, we were blessed with a child. I felt truly blessed in the Canadian Land.

LMIA job is open for all type of work or only specific one, Let me explore that option. Thanks a lot.
 

scylla

VIP Member
Jun 8, 2010
95,606
21,958
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Can you please share how do I apply for LMIA job, legit website. I was working at Freedom Mobile as Technical Project Analyst and my hubby was with Telus as Project Manager. We were certainly very lucky because we manage to secure a permanent position within 1 month of coming to Canada and with highly paid job. Indeed it was a blessed land for us. Being a childless couple for many years, we were blessed with a child. I felt truly blessed in the Canadian Land.

LMIA job is open for all type of work or only specific one, Let me explore that option. Thanks a lot.
Apply for jobs through employer websites directly to avoid scams. Many large employers will not go through the LMIA process so be prepared to submit a high number of applications and not hear back from many. Employers must prove no Canadian could be hired for the role in order for the LMIA to be approved.

I'm not sure I understand your last questions.
 

NRanjani

Full Member
Nov 10, 2022
33
0
My question , do LMIA jobs are only for low level jobs. Anyway you have answered my question. I will explore the option as well. TQ
 

YVR123

VIP Member
Jul 27, 2017
7,322
2,842
My question , do LMIA jobs are only for low level jobs. Anyway you have answered my question. I will explore the option as well. TQ
No. LMIA jobs are meant for employers finding special skills and experience employees that they cannot get in Canada. I do see many abuse of the system with low paying jobs...
 
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canuck78

VIP Member
Jun 18, 2017
55,242
13,412
Can you please share how do I apply for LMIA job, legit website. I was working at Freedom Mobile as Technical Project Analyst and my hubby was with Telus as Project Manager. We were certainly very lucky because we manage to secure a permanent position within 1 month of coming to Canada and with highly paid job. Indeed it was a blessed land for us. Being a childless couple for many years, we were blessed with a child. I felt truly blessed in the Canadian Land.

LMIA job is open for all type of work or only specific one, Let me explore that option. Thanks a lot.
Very different time, economy and views of immigration. Likely extremely challenging to get a WP. You should show that you have background related to work. The fact that you have a Canadian child may make getting a WP even more difficult.