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H&C Humanitarian Ground with/or Without Failed refugee claim

Jaxico

Hero Member
Nov 29, 2020
266
399
Hello people,
Why the lawyers don’t recommend to leave the country while you are applying under H&C? Anyone knows about this?
What happen if you have an urgency in your country or travel for work?
Thank you ;)
 

MelJohn

Hero Member
Mar 16, 2020
324
243
Hello people,
Why the lawyers don’t recommend to leave the country while you are applying under H&C? Anyone knows about this?
What happen if you have an urgency in your country or travel for work?
Thank you ;)
I think it is because you can only apply for H&C within canada. Being in Canada while your application is in process is good because the application can prove more establishment in canada and probably allowed to leave if you have a deportation order or if you ask to leave then they will process your application outside Canada which could have an impact on your application
 
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Reactions: Fayamufi and Jaxico

Bornlucky

Hero Member
May 15, 2018
687
533
Hello people,
Why the lawyers don’t recommend to leave the country while you are applying under H&C? Anyone knows about this?
What happen if you have an urgency in your country or travel for work?
Thank you ;)
Hey there - it's because an H&C is actually an application to waive the requirement to apply for PR from outside of Canada. If you leave it will still be assessed however you're adding a consideration that perhaps you don't need a waiver at all and that you can apply from outside of Canada. Applications from outside of Canada have a greater focus on skills and education and job offers and, and, and whatever the specific landing categories require.

Also, there is this common question asked, "can I leave Canada..." when the real question should be, "will I be allowed back into Canada after leaving?" No one can guarantee entry to Canada for people without some sort of permanent residence. If you're trying to return because you have an open H&C application asserting that you can't leave then this is a picnic for the Officer to dine out on.

Exceptions? There is always the possibility for a well reasoned argument to do just what you mention successfully - to leave and return without any negative effect, but the risk is always there that you will completely blow it all by yourself by stepping out and not being able to step back in. So if one leaves is it au revoir, or is it adieu?
 

Akitai

Star Member
Mar 22, 2021
146
90
Hey there - it's because an H&C is actually an application to waive the requirement to apply for PR from outside of Canada. If you leave it will still be assessed however you're adding a consideration that perhaps you don't need a waiver at all and that you can apply from outside of Canada. Applications from outside of Canada have a greater focus on skills and education and job offers and, and, and whatever the specific landing categories require.

Also, there is this common question asked, "can I leave Canada..." when the real question should be, "will I be allowed back into Canada after leaving?" No one can guarantee entry to Canada for people without some sort of permanent residence. If you're trying to return because you have an open H&C application asserting that you can't leave then this is a picnic for the Officer to dine out on.

Exceptions? There is always the possibility for a well reasoned argument to do just what you mention successfully - to leave and return without any negative effect, but the risk is always there that you will completely blow it all by yourself by stepping out and not being able to step back in. So if one leaves is it au revoir, or is it adieu?
Nice piece!!! The answer is on point.