What happens to my status during a Humanitarian and compassionate application?

[21Goose]

To add to what people have already told you. You are of course free to apply for H&C, but you should also have a plan for what to do if your application is denied.

If your application is denied and you are out of status in Canada, finding work will be difficult. Even if you are able to work, you will not be able to access healthcare.

I'm not judging you nor am I unsympathetic to your situation. All I'm saying is that you should plan for your future. You're very young (21? 22?) and you may well be able to reestablish yourself in your home country because you will have all the rights of any citizen there.

You can work without fear, for one thing. If you're without status in Canada, and living in fear of deportation with no family or community to help and support you, you may become vulnerable to exploitation.

I wish you good luck and hope things work out for you.

 

[jddd]

We have heard of people who have been living in Canada for 10 YEARS who have children born in Canada that are REFUSED for H&C. This and many more is a reason why most here are telling you that you have no grounds.

It is so easy to read something and think our situation fits when we want it to work but you need to be realistic and not emotional. Your lawyer will take your money and most likely not get you anywhere. They won’t care if you get approved or not. They get paid either way.

You can proceed as others have said but be prepared for the worst.

 

[anna111]

Hi. As most here are advising you, you should apply yo change your status into a visit visa or TRV while waiting for your 1st stage approval so you can apply for OWP. If you miss to apply and your current status expires then you will be ask to leave Canada.

I got my PR thru H&CG application too under the best interest of my child. Before applying I’ve been here in Canada for seven years, established, with good job, involved in the church, with family and friends. My daughter was born with congenital life threatening disease and all my daughter’s surgeon and specialists supported us as they know us very well and the medical issues of my daughter. When it comes to goin back to my home country I learned that I should provide solid proof that I will experience total hardship if we will return. To give some idea; My lawyer did everything like doing research about the economy, health system, unemployment rate, crime rate of the province, transportation, etc. You have to prove that if just incase you go back to your own country you will suffer a lot and that your life is in danger. The IRRC has their own way of checking and proving the relevancy of the submitted documents. HC&G takes too long to get the PR approval. It took me 34 months/31 because of one document being overlook.

My advise is go on and apply for H&CG if you feel you are okay to do so. Just prove yourself properly. I hope I help you with some inputs coming from my own experience. Good luck.

 

[canuck78]

Reasons: domestic violence, establishment in Canada, hardship if returning to my country. Basically 90% of the reasons one need to apply for H&C.

Just to clarify. Domestic violence as a reason for H&C is usually used when the abuser is in your home country and you are fearful of them. In this case the abuser is in Canada so the reasoning wouldn't apply.

 

[Bornlucky]

Okay, here's the thing:

I come from a poor country/neighborhood. I met this men about three months before he was supposed to move to Canada, I fell in love with him and he suggested that we should get married and I should come to Canada with him. At the time i was alone, had no family support, i was 19 years old and in love, of course it sounded like a good idea, the love i felt would make me go with him anywhere.
Once we got here things changed, he basically wanted someone who would work and give him all the money so he could have a luxurious life in Canada while studying (he had a lot money when we came, i never got any of that money, i couldnt even buy winter clothes without his consent, even though i was working and making money by myself). Thats when the abuse started, physically and psychologically. He ruined any chance for me to come back to my country by telling horrible things about me to my family, they wouldnt even talk to me anymore, i ended up in a mental health institution due to psychological abuse, and after almost a year living in that situation i decide to leave and try living by myself. I met a community lawyer and she said i should apply for H&C.

I have no money of my own other than the money i make to pay my bills, i have no graduation, no big job experience. This is just the general information, there's a lot more detailed stuff but i could write for days. I could never apply for economic immigration and neither can go back home as i have no support or ways to live by myself back there, if i come back i would become a homeless person.

Hi - you don't have to describe what grounds you believe that you have to apply for H&C here. With regard to the original question, the authority to work will end and visitor's status the only other option for maintaining a legal status in Canada.

Regarding H&Cs generally, keep your application up to date, volunteer if you're not permitted to work, demonstrate some connections to the community where your reside and gather letters of support from those willing to provide them.

If "Canada" doesn't want to receive H&C applications then they need to remove it from IRPA (the Act). What weight do decision-makers assign for the various factors within your application (how important is each item)? No one here can reliably advise you one way or the other because every application is unique, your evidence will be whatever you provide and the decision-maker may assign importance reasonably and perhaps even very sympathetically.

H&Cs exist so that people who may not otherwise qualify for permanent residence may receive it if they meet the policy objectives. That's the purpose.

Reading the manual (IP5) is less daunting than it may seem https://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf
and as you are an applicant I suggest that you look at the items within it such as Chapter 5 that sets the minds of the decision-makers and what they are trained to consider.

You didn't ask for much here and I wish you well and will repeat that you have to maintain an application by providing updated information in conjunction with what they look for in the Manual link I provided above.

 

[Bornlucky]

Just to clarify. Domestic violence as a reason for H&C is usually used when the abuser is in your home country and you are fearful of them. In this case the abuser is in Canada so the reasoning wouldn't apply.

For greater clarity, and with a source - the H&C Manual IP5 actually addresses domestic violence from a sponsoring spouse in Canada.

https://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf

12.7. Family violence


Family members in Canada, particularly spouses, who are in abusive relationships and are not permanent residents or Canadian citizens, may feel compelled to stay in the relationship or abusive situation to remain in Canada; this could put them in a situation of
hardship.

Officers should be sensitive to situations where the spouse (or other family member) of a Canadian citizen or permanent resident leaves an abusive situation and, as a result, does not have an approved sponsorship.

Officers should consider the following factors:

information indicating there was abuse such as police incident reports, charges or convictions, reports from shelters for abused women, medical reports, etc.; whether there is a degree of establishment in Canada (see Sections 11.4 Prolonged stay or inability to leave has led to establishment and 11.5, Assessing applicant’s degree of establishment);

the hardship that would result if the applicant had to leave Canada;
the laws, customs and culture in the applicant's country of origin;
the support of relatives and friends in the applicant's home country; and
whether the applicant has children in Canada or/and is pregnant.

H&C decision-makers are actually charged to be alert and sensitive to situations involving domestic violence in Canada committed by sponsoring spouses.

 

[canuck78]

For greater clarity, and with a source - the H&C Manual IP5 actually addresses domestic violence from a sponsoring spouse in Canada.

https://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf

12.7. Family violence


Family members in Canada, particularly spouses, who are in abusive relationships and are not permanent residents or Canadian citizens, may feel compelled to stay in the relationship or abusive situation to remain in Canada; this could put them in a situation of
hardship.

Officers should be sensitive to situations where the spouse (or other family member) of a Canadian citizen or permanent resident leaves an abusive situation and, as a result, does not have an approved sponsorship.

Officers should consider the following factors:

information indicating there was abuse such as police incident reports, charges or convictions, reports from shelters for abused women, medical reports, etc.; whether there is a degree of establishment in Canada (see Sections 11.4 Prolonged stay or inability to leave has led to establishment and 11.5, Assessing applicant’s degree of establishment);

the hardship that would result if the applicant had to leave Canada;
the laws, customs and culture in the applicant's country of origin;
the support of relatives and friends in the applicant's home country; and
whether the applicant has children in Canada or/and is pregnant.

H&C decision-makers are actually charged to be alert and sensitive to situations involving domestic violence in Canada committed by sponsoring spouses.

In this case PR or permit wasn't at risk. Claiming domestic abuse as the reason to remain in Canada and not be able to return home may be a stretch given that the OP currently has a work permit and has living independently for at least half of a brief stay in Canada. I'm not the one who will determine H&C though.

 

[canuck_in_uk]

For greater clarity, and with a source - the H&C Manual IP5 actually addresses domestic violence from a sponsoring spouse in Canada.

https://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf

12.7. Family violence


Family members in Canada, particularly spouses, who are in abusive relationships and are not permanent residents or Canadian citizens, may feel compelled to stay in the relationship or abusive situation to remain in Canada; this could put them in a situation of
hardship.

Officers should be sensitive to situations where the spouse (or other family member) of a Canadian citizen or permanent resident leaves an abusive situation and, as a result, does not have an approved sponsorship.

Officers should consider the following factors:

information indicating there was abuse such as police incident reports, charges or convictions, reports from shelters for abused women, medical reports, etc.; whether there is a degree of establishment in Canada (see Sections 11.4 Prolonged stay or inability to leave has led to establishment and 11.5, Assessing applicant’s degree of establishment);

the hardship that would result if the applicant had to leave Canada;
the laws, customs and culture in the applicant's country of origin;
the support of relatives and friends in the applicant's home country; and
whether the applicant has children in Canada or/and is pregnant.

H&C decision-makers are actually charged to be alert and sensitive to situations involving domestic violence in Canada committed by sponsoring spouses.

There is no sponsorship situation in this case, as both OP and her spouse are foreign nationals.

 

[Bornlucky]

There is no sponsorship situation in this case, as both OP and her spouse are foreign nationals.

Policy is a guide and it concedes that not every circumstance will be covered, but it is important for others who read your earlier statement,

"Just to clarify. Domestic violence as a reason for H&C is usually used when the abuser is in your home country and you are fearful of them. In this case the abuser is in Canada so the reasoning wouldn't apply."

It required correction given that IP5 directly contradicts your statement.

 

[canuck_in_uk]

Policy is a guide and it concedes that not every circumstance will be covered, but it is important for others who read your earlier statement,

"Just to clarify. Domestic violence as a reason for H&C is usually used when the abuser is in your home country and you are fearful of them. In this case the abuser is in Canada so the reasoning wouldn't apply."

It required correction given that IP5 directly contradicts your statement.

That was not my statement.

The section of text you referred to is for those with a family sponsorship app. It is important to note that it is not applicable to relationships where both are foreign nationals.

 

[Bornlucky]

That was not my statement.

The section of text you referred to is for those with a family sponsorship app. It is important to note that it is not applicable to relationships where both are foreign nationals.

I am sorry - I confused the two canucks - it is entitled Family Violence and officers, it is important to note, can still associate the tenets of the policy in their decision making. There is no exhaustive list of what can be considered when making an H&C decision as every case is unique.

 

[canuck_in_uk]

I am sorry - I confused the two canucks - it is entitled Family Violence and officers, it is important to note, can still associate the tenets of the policy in their decision making. There is no exhaustive list of what can be considered when making an H&C decision as every case is unique.

You're taking wording that applies to the specific situation of sponsorship involving a Canadian citizen or PR and saying that it can be applied to a situation with foreign nationals.

 

[Bornlucky]

You're taking wording that applies to the specific situation of sponsorship involving a Canadian citizen or PR and saying that it can be applied to a situation with foreign nationals.

Yes, if the decision-maker was sympathetic to the overall application then they could reasonably broaden their consideration with regard to family violence, for example.

IP5 encourages broad considerations for a position with considerable discretion.

5.6. Balance between discretion and consistency


Effective decision-making in H&C cases involves striking a balance between certainty and consistency on the one hand and of flexibility to deal with the specific facts of a case, on the other. In addition to the legislation, documents such as policy statements, guidelines, manuals and handbooks, provide guidance to applicants and decision-makers on when and how discretion should be best exercised in keeping with the policy intent.

Such documents may legitimately influence decision-makers in their work.

See Thamotharem v. Canada (Minister of Citizenship & Immigration); 2007 CarswellNat 1391; 2007 FCA.

H&Cs are not so much "fastened" to their guidelines as they are rightly "guided" by them. They are not parallel to the Act and Regulations.

 

[Bobby_786]

Hi
I applied PR on H n C bases, today I received letter, they asking Landing fee and medical for my whole family,
They said it's not reviewed yet.
So when they ask about medical and fee is good indication or they ask everyone
Please reply me I'm so stressed
Thank you

 

[jddd]

Hi
I applied PR on H n C bases, today I received letter, they asking Landing fee and medical for my whole family,
They said it's not reviewed yet.
So when they ask about medical and fee is good indication or they ask everyone
Please reply me I'm so stressed
Thank you

They ask everyone. I know of multiple people who were rejected after medicals