Humanitarian and Compassionate Considerations? Anyone had applied for it and got it?

[martini_anderson]

Hello everyone,

I'm writing in desperation, since my current working holiday visa expires in the beginning of May and my current job is not qualified for LMIA nor I have worked enough for the provincial nominee program... My last resort being this: Humanitarian and Compassionate Considerations

But I am not sure if anyone applied for that and successfully got granted.. since unlike the Asylum for the refugees, this is more about different matter. I have my own reason, main being that I will have to face mandatory military service if I go back to my country, and also I have residency in Argentina but things are really bad there and I do not wish to go back, I fought my depression all the way through and if I have to go back my life ends here, literally...

So if anybody knows how this work please kindly help me out..

Thank you very much everyone.

Martin

 

[scylla]

H&C has very low approval rates. Mandatory military service isn't really grounds for H&C and you have the option of going to Argentina if you don't want to return to your home country. It sounds like your main issues is that you want to remain in Canada but don't qualify for any of the economic immigration programs. That's really not what H&C is for (i.e. alternative to economic immigration programs). You can certainly try applying, just be aware that refusal rates are high and it's best if you work with a good immigration lawyer. Also, if you're refused, this may complicate future entries to Canada.

 

[martini_anderson]

Hi Scylla,

Thank you for the reply, the only reason I can have, and which is not joking and its the honest truth, that I will probably end up killing myself when I fail to stay.

I guess its not much compassionate to be honest, its not economical only, if I was rich enough I wouldn't have all this to deal with... I guess each has their own life and no one will undertand what they have gone through to come end up with the decision that is terminate ones own life..

Thank you anyways.. best regards to you

H&C has very low approval rates. Mandatory military service isn't really grounds for H&C and you have the option of going to Argentina if you don't want to return to your home country. It sounds like your main issues is that you want to remain in Canada but don't qualify for any of the economic immigration programs. That's really not what H&C is for (i.e. alternative to economic immigration programs). You can certainly try applying, just be aware that refusal rates are high and it's best if you work with a good immigration lawyer. Also, if you're refused, this may complicate future entries to Canada.

 

[scylla]

Hi Scylla,

Thank you for the reply, the only reason I can have, and which is not joking and its the honest truth, that I will probably end up killing myself when I fail to stay.

I've very sorry to hear that. This sounds like far more than an immigration issue and I very much encourage you to reach out for support if you really feel that way. I don't know which province you're in but you can find support in your area through this web site:

https://suicideprevention.ca/need-help/

 

[martini_anderson]

Thank you Scylla.

It is actually personal issue brought up by immigration, it's a long story, but honestly all that prevention is not gonna help if my life just fall off track, I think that's something that those we never had to battle depression, specially for more than 18 years, would understand...
I appreciate for your help, I will see where I will go from here.
Thank you

I've very sorry to hear that. This sounds like far more than an immigration issue and I very much encourage you to reach out for support if you really feel that way. I don't know which province you're in but you can find support in your area through this web site:

https://suicideprevention.ca/need-help/

 

[vensak]

Immigrating is not an easy thing. Here are more or less your options:

1. Go to your home country. Since you are on working holiday, that means that you are from rather small amount of countries mainly from Europe + Australia and some neighbors. With that said you have a decent option at home. If you are genuinely not suitable for the military service that is for you to prove in your home country.
2. Go to Argentina. If you can stay long term there and if you speak Spanish you can restart there. And even if you go for one of the options below, you can still use it to stay until decision is made.
3. Think rationally about the ways how to immigrate and check your options how to keep your legal status in Canada:
- find an employer that is willing to go through LMIA with you and if needed change profession (if you happen to be on the black list of Alberta professions, where LMIA has 0% success). This one is rather difficult and given your current situation rather difficult.
- assign into university or college and get student visa (of course it is not a short process either and requires certain amount of savings).
- check if your country is in the young professional program (that would grant you another year of closed work permit that does not have to go through LMIA) and it will allow you to work on a long term solution.
- marry a Canadian or a PR (not that I encourage marriage of convenience, but technically it is a way as well, of course if you meet somebody you want to spend your life with).
- check the possibility you could become live in caregiver. Again a possibility how to stay.
- explore the PR options including PNP, Atlantic program and a careful calculation of your CRS points. (but again part of it is to have some savings).
4. And the last option is obvious (Game over). and again I am not mocking you, but I would be hardly seen positive in any H&C claim. At the best it would be taken as childish way how to get what you want. And at the worst, it would be seen as potential mental problem (which might point to the medical inadmissibility).

Also be aware that a failed H&C claim is a good way now not to be able to return to Canada other than as a permanent resident (it would stay on your record, making approvals for any future temporary visit visa almost impossible).