H&C considerations help

[lipehennig]

My situation is as follows:

I originally came to Victoria, BC, Canada when I was 16 as a foreign high school student in grade 11, fell in love with this place and managed to stay another year.
Started a business admin. degree in a college there. stayed for a few terms and left, moved to Vancouver so I could study animation, the industry was doing good at the time. Fast forward tot he end of my classes, pandemic hits and the industry collapse, 2 of the 3 years of my PGWP were eaten by the pandemic, my industry was doing very poorly and the restaurants were mainly closed.
2023 is the last year of my PGWP, I'll be 2 weeks short of the 1 year for an Express Entry application, even with the 2 weeks my score would be around the 440's, at least 60 points short of the 500s.
The restaurant I currently supervise for had the LMIA denied, so I cannot extend my work permit.

My entire adult life was in Canada, all my networking is in Canada, all my friends, my entire life is here. Every time I step back in Brazil I feel dizzy because of the heat, it's a dangerous place, but lets not go in that route.
The years of high school I did here are not accepted in Brazil, I don't even know what I would need to do there to validate those years there. The college I did here is pretty much useless there.

I have always cultivated a good relationship with as many Canadians in my way as I could. I'm friends with one of the international high schools program's coordinators, I'm friends with some of my college professors, I attend church regularly and volunteer there, have many friends, all of which could write letters if needed.

I don't know it this situation would warrant a H&C application. I'm scarred because that the last resort I have, my plan was to go back to college while waiting for the application to go through, but I'm scared of it being denied and having to go back to Brazil after finishing college (as I already used my PGWP)
Any advice is greatly appreciated

edit: I'm currently turning 24, so I have been here from 16 to 24, 8 years in total

 

[canuck78]

My situation is as follows:

I originally came to Victoria, BC, Canada when I was 16 as a foreign high school student in grade 11, fell in love with this place and managed to stay another year.
Started a business admin. degree in a college there. stayed for a few terms and left, moved to Vancouver so I could study animation, the industry was doing good at the time. Fast forward tot he end of my classes, pandemic hits and the industry collapse, 2 of the 3 years of my PGWP were eaten by the pandemic, my industry was doing very poorly and the restaurants were mainly closed.
2023 is the last year of my PGWP, I'll be 2 weeks short of the 1 year for an Express Entry application, even with the 2 weeks my score would be around the 440's, at least 60 points short of the 500s.
The restaurant I currently supervise for had the LMIA denied, so I cannot extend my work permit.

My entire adult life was in Canada, all my networking is in Canada, all my friends, my entire life is here. Every time I step back in Brazil I feel dizzy because of the heat, it's a dangerous place, but lets not go in that route.
The years of high school I did here are not accepted in Brazil, I don't even know what I would need to do there to validate those years there. The college I did here is pretty much useless there.

I have always cultivated a good relationship with as many Canadians in my way as I could. I'm friends with one of the international high schools program's coordinators, I'm friends with some of my college professors, I attend church regularly and volunteer there, have many friends, all of which could write letters if needed.

I don't know it this situation would warrant a H&C application. I'm scarred because that the last resort I have, my plan was to go back to college while waiting for the application to go through, but I'm scared of it being denied and having to go back to Brazil after finishing college (as I already used my PGWP)
Any advice is greatly appreciated

edit: I'm currently turning 24, so I have been here from 16 to 24, 8 years in total

You should certainly try you have a pretty good chance at approval. The bigger issue is processing time is around 2 years and an H&C application doesn’t put removal on hold. An H&C application does continue even if you have to leave Canada.

 

[lipehennig]

You should certainly try you have a pretty good chance at approval. The bigger issue is processing time is around 2 years and an H&C application doesn’t put removal on hold. An H&C application does continue even if you have to leave Canada.

I was planning on starting a new college for the time being so I could stay in Canada, but I’m worried of being refused and having to leave before finishing my studies

 

[canuck78]

I was planning on starting a new college for the time being so I could stay in Canada, but I’m worried of being refused and having to leave before finishing my studies

You can certainly try although you would not qualify for another PGWP. You would have to justify why going back to school makes sense based on your work and study history. If your PGP expired in 2023 did you not qualify for an extension of your PGP? That would mean that you are currently out of status unless you changed to visitor status before your PGWP expired.

 

[scylla]

My situation is as follows:

I originally came to Victoria, BC, Canada when I was 16 as a foreign high school student in grade 11, fell in love with this place and managed to stay another year.
Started a business admin. degree in a college there. stayed for a few terms and left, moved to Vancouver so I could study animation, the industry was doing good at the time. Fast forward tot he end of my classes, pandemic hits and the industry collapse, 2 of the 3 years of my PGWP were eaten by the pandemic, my industry was doing very poorly and the restaurants were mainly closed.
2023 is the last year of my PGWP, I'll be 2 weeks short of the 1 year for an Express Entry application, even with the 2 weeks my score would be around the 440's, at least 60 points short of the 500s.
The restaurant I currently supervise for had the LMIA denied, so I cannot extend my work permit.

My entire adult life was in Canada, all my networking is in Canada, all my friends, my entire life is here. Every time I step back in Brazil I feel dizzy because of the heat, it's a dangerous place, but lets not go in that route.
The years of high school I did here are not accepted in Brazil, I don't even know what I would need to do there to validate those years there. The college I did here is pretty much useless there.

I have always cultivated a good relationship with as many Canadians in my way as I could. I'm friends with one of the international high schools program's coordinators, I'm friends with some of my college professors, I attend church regularly and volunteer there, have many friends, all of which could write letters if needed.

I don't know it this situation would warrant a H&C application. I'm scarred because that the last resort I have, my plan was to go back to college while waiting for the application to go through, but I'm scared of it being denied and having to go back to Brazil after finishing college (as I already used my PGWP)
Any advice is greatly appreciated

edit: I'm currently turning 24, so I have been here from 16 to 24, 8 years in total

Did you not qualify for a PGWP extension under the 2023 special policy?

The short answer is that none of us can tell you what the outcome of an H&C application would be. It may be successful and it may not. You can certainly try. I assume you converted your status to visitor before your PGWP expired? Keep in mind that you won't be able to work for quite a while (most likely more than one year) while you wait for the H&C application to be processed. So you would want to factor that into your decision. Good luck.

 

[lipehennig]

You can certainly try although you would not qualify for another PGWP. You would have to justify why going back to school makes sense based on your work and study history. If your PGP expired in 2023 did you not qualify for an extension of your PGP? That would mean that you are currently out of status unless you changed to visitor status before your PGWP expired.

My permit ends in a couple of days and I could restore it and apply for a visitors visa within 90 days of expiring.
I was planning on going back to college while waiting for the H&C application to process, so I could stay in Canada, work part time and get a degree in finance, but I worry that if the H&C application is rejected that the study visa I will have will be cancelled.

 

[lipehennig]

Did you not qualify for a PGWP extension under the 2023 special policy?

The short answer is that none of us can tell you what the outcome of an H&C application would be. It may be successful and it may not. You can certainly try. I assume you converted your status to visitor before your PGWP expired? Keep in mind that you won't be able to work for quite a while (most likely more than one year) while you wait for the H&C application to be processed. So you would want to factor that into your decision. Good luck.

My permit ends in a few days, but I could still restore the status and apply for a visitors visa within 90 days of expiring.
I was thinking of going back to college to study finance while the application was processing, this way I could stay in Canada working part time and get a degree at the end, my worry is that if the H&C gets rejected ill have to leave my study behind in case they issue a removal order for rejected applicants

 

[scylla]

My permit ends in a few days, but I could still restore the status and apply for a visitors visa within 90 days of expiring.
I was thinking of going back to college to study finance while the application was processing, this way I could stay in Canada working part time and get a degree at the end, my worry is that if the H&C gets rejected ill have to leave my study behind in case they issue a removal order for rejected applicants

You would need to obtain a study permit to go back to school. You are too late to do this for January obviously so the earliest you'd be able to start classes is for May. I don't know when you were planning to apply for H&C. However once you do that, the chances of a study permit being approved will go down drastically.

So ideally you would want to get an approved study permit first before you apply for H&C. Make sure the program you plan to take is at least two years. So the first step is to change your status to visitor and top working once your PGWP expires. Then you will need to be accepted by a school into a new program and apply for a new study permit. Once you start your studies again you will be able to work again part time. Then you can consider the H&C application once you hold an approved study permit.

Yes, if the H&C application is refused then you may face challenge remaining in Canada after you compete your studies.