H&C

[samiomar]

Hello guys,
I Came to Canada in 2014 under a student Visa to do a Phd here in BC. I have two boys one is a Candian Citizen and the other one is not . My home country having some issues which prevent me to return home.
I would like to apply for H&R but I have the following questions.
1-What factors that increases my chance to succeed in this process,
2- Would getting a child benefit would decrease my chances?

thank you

 

[canuck_in_uk]

Hello guys,
I Came to Canada in 2014 under a student Visa to do a Phd here in BC. I have two boys one is a Candian Citizen and the other one is not . My home country having some issues which prevent me to return home.
I would like to apply for H&R but I have the following questions.
1-What factors that increases my chance to succeed in this process,
2- Would getting a child benefit would decrease my chances?

thank you

"Country having some issues" is not a valid reason. On what grounds do you intend to apply?

 

[canuck78]

If you are completing a PhD you should be able to apply to stay via other methods once you finish.

 

[gavendano]

You can obtain a post graduation work permit which allows you to work in Canada for up to 3 years after graduation.
You could then look at Express Entry or BC Provincial Nominee program to obtain permanent residency in Canada.
There is certainly no need to apply for H&C if you complete your PhD and follow one of the PR paths that I just mentioned.

http://www.cic.gc.ca/english/study/work-postgrad.asp

 

[samiomar]

yes my country have some issues, Libya. finishing a PhD still needs another 2 years or so and I fed up thats why I want to apply for the H&C

 

[canuck_in_uk]

yes my country have some issues, Libya. finishing a PhD still needs another 2 years or so and I fed up thats why I want to apply for the H&C

Again, "country having issues" is NOT valid grounds for an H&C app. If that is what you will claim, you can expect refusal. Complete your degree, get your work permit, qualify for economic immigration.

 

[gavendano]

yes my country have some issues, Libya. finishing a PhD still needs another 2 years or so and I fed up thats why I want to apply for the H&C

You should talk to an immigration lawyer and assess the probability of being successful in your H&C application.
Have you considered the consequences of being unsuccessful in you H&C application? Could it hinder your chances of renewing your temporary status in Canada -with an H&C application you have disclosed to the government that you don’t intend to return to your country, which was one of the requirements when they granted your temporary status-? Those are some questions that you should really consider and get professional advice on.
In my opinion, finishing your PhD is the safest path to PR, no doubt about that. Trying to find a shortcut will just add more volatility to your situation.

 

[gavendano]

Again, "country having issues" is NOT valid grounds for an H&C app. If that is what you will claim, you can expect refusal. Complete your degree, get your work permit, qualify for economic immigration.

To add on top of this, if by “country having issues” you mean something related to safety risk or political persecution, you can expect your H&C application to be rejected.

The appropriate path in that case is to make a refugee claim.

• We will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.

http://www.cic.gc.ca/english/refugees/inside/h-and-c.asp

 

[canuck78]

Given that you have been living in Canada for many years but only decided to apply for asylum at this point you will need to address why you have decided that your life is at risk all of a sudden. As previously mentioned you should consult a lawyer because what you are suggesting has big consequences especially if you get denied. You should be over half done completing your PhD so it would be much easier to complete it. At this point you can't work if you stop studying on a student visa.

 

[carolbb23]

yes my country have some issues, Libya. finishing a PhD still needs another 2 years or so and I fed up thats why I want to apply for the H&C

with H&C there low approval rate do you have enough proof your proscuted back home or you and your family life is danger

 

[Manj96]

Did you apply for H&C then?

 

[Copingwithlife]

Did you apply for H&C then?

Per his profile, he elected to disregard advice given and filed a H/C claim back in 2018, and per his comments....still waiting....