H&C and Asylum

[mahamudnabi]

Hi, I have a question. I’ve been living in Vancouver since December 2018 and submitted my H&C application for my entire family, including my children, in August 2024. However, I haven’t received any updates from IRCC yet. I lost my status in Canada, and my 90-day restoration period will expire on April 14th. I’m planning to leave Canada at the end of March.





My question is: Can I apply for refugee/asylum while my H&C application is still being processed? Alternatively, can I withdraw my H&C application and apply for asylum instead? I understand that having an active H&C application may prevent me from applying for asylum at the same time. Can someone please clarify this?

 

[canuck78]

Hi, I have a question. I’ve been living in Vancouver since December 2018 and submitted my H&C application for my entire family, including my children, in August 2024. However, I haven’t received any updates from IRCC yet. I lost my status in Canada, and my 90-day restoration period will expire on April 14th. I’m planning to leave Canada at the end of March.






My question is: Can I apply for refugee/asylum while my H&C application is still being processed? Alternatively, can I withdraw my H&C application and apply for asylum instead? I understand that having an active H&C application may prevent me from applying for asylum at the same time. Can someone please clarify this?

Claiming asylum when you’ve been in Canada since 2018 probably not be a great idea although would consult a lawyer. Do you have proof of persecution or country condition changes? Hard to justify why your life would now be at risk and why you didn’t apply for asylum until you had no other options for permits/PR. Trying to restore your status to a visitor doesn’t help you much. If leaving in March why are you applying for anything?

 

[Buletruck]

Hi, I have a question. I’ve been living in Vancouver since December 2018 and submitted my H&C application for my entire family, including my children, in August 2024. However, I haven’t received any updates from IRCC yet. I lost my status in Canada, and my 90-day restoration period will expire on April 14th. I’m planning to leave Canada at the end of March.





My question is: Can I apply for refugee/asylum while my H&C application is still being processed? Alternatively, can I withdraw my H&C application and apply for asylum instead? I understand that having an active H&C application may prevent me from applying for asylum at the same time. Can someone please clarify this?

You won't be leaving Canada for quite some time if you apply for asylum.

 

[wiener]

Hi, I have a question. I’ve been living in Vancouver since December 2018 and submitted my H&C application for my entire family, including my children, in August 2024. However, I haven’t received any updates from IRCC yet. I lost my status in Canada, and my 90-day restoration period will expire on April 14th. I’m planning to leave Canada at the end of March.





My question is: Can I apply for refugee/asylum while my H&C application is still being processed? Alternatively, can I withdraw my H&C application and apply for asylum instead? I understand that having an active H&C application may prevent me from applying for asylum at the same time. Can someone please clarify this?

Having active H and C application does not prevent you from applying for refugee. However, if your status expires and CBSA issues removal order, you will no longer be eligible for refugee. H and C is not guarranteed and current pocessing time for H and C is around two years these days because of all these parent/grandparent cases. Do not withdraw H and C if you apply refugee.

 

[mahamudnabi]

Having active H and C application does not prevent you from applying for refugee. However, if your status expires and CBSA issues removal order, you will no longer be eligible for refugee. H and C is not guarranteed and current pocessing time for H and C is around two years these days because of all these parent/grandparent cases. Do not withdraw H and C if you apply refugee.

Thanks, but as far i know through the CIC website, clearly mentioned that if i apply H&C, i will not be able to apply for refugee, even if i withdraw, i will have to wait for one year to apply for refugee!!

 

[wiener]

Thanks, but as far i know through the CIC website, clearly mentioned that if i apply H&C, i will not be able to apply for refugee, even if i withdraw, i will have to wait for one year to apply for refugee!!

https://www.canada.ca/en/immigration-refugees-citizenship/services/asylum/in-canada/eligibility.html
That is the eligibility criteria for submitting refugee claim. As I mentioned, having active H and C does not prevent you from submiitting refugee claim.

 

[canuck78]

https://www.canada.ca/en/immigration-refugees-citizenship/services/asylum/in-canada/eligibility.html
That is the eligibility criteria for submitting refugee claim. As I mentioned, having active H and C does not prevent you from submiitting refugee claim.

In general I would consult a lawyer about what your best option is. An asylum claim has significant longterm repurcussions not only in Canada both when approved and not.