H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
This is really be something you should be discussing with your lawyer. They would need to look to see if they feel like you have grounds for JR. In general it will be hard for most to get approved for H&C given the small quota. If you are out of status CBSA is now looking to remove more people than they used to. You should also be discussing whether returning home may give you the opportunity to apply for PR via economic routes and what you can do to try to get PR via other pathways.
That's fuck up unfortunately probably one of the reasons is you been in Canada for only 5 years and I do believe you need to be 3 or 5 years out of status to applied for h&c
So for example if you have 5 or 10 years old kids wend you arrived in Canada your kids speak your country language and went to school back home immigration wend they check your file they don't see problems to you and your kids go back home there's no really nothing to old you in Canada
For how long was your application in process
And how many months after they send you interim work authorization
This was 1 stage 2 second stage rejection
So for example if you have 5 or 10 years old kids wend you arrived in Canada your kids speak your country language and went to school back home immigration wend they check your file they don't see problems to you and your kids go back home there's no really nothing to old you in Canada
For how long was your application in process
And how many months after they send you interim work authorization
This was 1 stage 2 second stage rejection
There are no exact requirements or guarantees when it comes to H&C and what may have been possible even last year may no longer get you H&C. The quota levels are so low that not everyone is going to be able to claim best interest of children and get approved when it once was relatively easy to use this reason.
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If you already applied for work permit there's a big chance immigration can issue the work permit after refusal all depends if you included work permit application in your initial h&c application or you send a job offer or letter from your boss saying you work there one thing I I'll advise you don't pay more to your lawyer and don't go to court lawyer's I'll charge you at least $5000 for JR and they already know that you don't have grounds you better deal with CBSA to give you time for kids finish school etc go back home see can applied for other programs don't come to Canada with work permit come resident permanent if you come with work permit in 2 or 3 years you are in the same situation as today if you decide to come with work permit check at.least if the company after 2 or 3 years working there can do a PNP so you can get resident permanent try to get GCMS notes or find out what was the reasons for refusal of the h&c
The Canadian immigration department has announced major changes to support Canada’s construction industry.
The biggest changes are
Reserving immigration spaces for up to 6,000 undocumented construction workers within Canada; and
Allowing qualified temporary foreign workers to study in apprenticeship programs without requiring a study permit.
https://www.cicnews.com/2025/03/breaking-canada-announces-new-pathway-to-permanent-residence-for-construction-workers-0352429.html
The biggest changes are
Reserving immigration spaces for up to 6,000 undocumented construction workers within Canada; and
Allowing qualified temporary foreign workers to study in apprenticeship programs without requiring a study permit.
https://www.cicnews.com/2025/03/breaking-canada-announces-new-pathway-to-permanent-residence-for-construction-workers-0352429.html
Look at this document checklist!!
https://www.canada.ca/content/dam/ircc/documents/pdf/english/kits/forms/imm0123/01-01-2023/imm0123e.pdf
Unfortunately failed asylum seekers and failed refugee claimants are not eligible to apply for this public pathway!
Yes because it will hurt the economy. If unemployment increases there will be pressure to reduce immigration levels.
Failed asylum seekers don’t qualify for any economic PR pathway.