Your savings. If you are going to the US for many months, you are not eligible for H&C. Being terminated is not a reason. Don’t leave Canada if H&C is your plan. Get a good lawyer.
What are the complications of travelling to Canada 2-3 weeks before PGWP expiry?
- Thread starter TacticalPolarBird
- Start date
Danger to life is grounds for asylum. Wrongful termination is a civil matter and you might be awarded damages if you sue the employer but it will very likely have no affect on immigration.
As @canuck78 suggested, if there was abuse, you might qualify for VOWP. That's pretty much it.
But the 1 year of experience will grant you a certain amount of points. Can you at least request those points to be added to your profile?
That's where it gets tricky for me. If I stay with family in the US until October, and then make the H&C application in October, I will have enough savings for the next 1 year. However if I continue staying in Canada, I will be financially worse off.
So under what circumstances do people make H&C applications? When I see the page for it online, it says that it is made in situations where someone will face torture or risk-to-life if they return to their home country.
But isn't it possible to apply for H&C from outside Canada as well? What are the different dynamics at play when it comes to applying for H&C from inside Canada versus applying from it outside Canada? Which one has a better chance of succeeding and why?
No, it's not possible to apply for H&C from outside of Canada. The only option is to apply from inside of Canada.
Ultimately your call. All we can tell you is that leaving will very significantly weaken your H&C case.
Are you asking if IRCC will grant you 1 year of work experience points even though you worked less than 12 months? If so, the answer is no. They will not.
That sounds more like an asylum claim. If that was the case you should have applied for asylum on arrival. Assume you have proof of the risk to your life and no safe region of your home country as well.
1 year of work is never guaranteed with any WP neither is PR. No you can't claim time that you worked if you didn’t actually work. If there was a wrongful termination you should have contacted a labour lawyer. What is your definition of wrongful termination and how did you get this job? Was there any payment involved?
This is not my exact situation, it was just a relatable example. Yeah 1 year of work is never guaranteed, but can you make the argument that you were put through unfair circumstances and had your rights violated? I thought H&C stream is for unique situations like that.
One opposing argument that I hear is "What if a company shuts down before someone finishes 1 year of work. They can't be eligible". But in that case, the worker's rights were not violated.
You can try applying. Nothing stopping you from doing that. I assume you only had a one year PGWP and this is why you can't get the 1 year of work experience to qualify for CEC.
IMO you need more to make a strong H&C case and as said before, that case will be weakened of you leave Canada. But again, ultimately your decision.
Not really, I had enough time on my permit.
Without getting too specific (due to privacy concerns), my rights were violated by a company. And if I was put through a fair process, I would probably would have been eligible for CEC.
I'm just having a hard time understanding what is the basis on which PR is granted in H&C. I've learnt that the danger-to-life scenario is only meant for asyulm seekers.
So how do they decide whether to grant PR in H&C? Is it granted in situations where the applicant has a dependency relationship to Canada (Eg: They have a child in Canada, or there is a specific healthcare service they need which is only available in Canada)? I don't have any such dependency. My argument is more along the lines of "Having worked hard to build a life here and being put through an unfair process".