H&C inquiry

[Ottawa-applicant]

Could any admin or someone with experience answer the following inquiry:

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Subject:
Re: H&C

hi

could you help me plz with this inquiry


I was convicted with 2 counts impaired driving & refusal and they are both related to the same convection. According to the lawyer they are both summary but some says they hybrid (confused on this part). So my issue is I was granted COPR (under CEC) and have landing visa, but now can’t do it duo to the convection? Unless a miracle happen. already tired to land before y court date but cic tole me I have to wait until court results which is convection in my case! Sad

What can I do now? I’m here on work permit and spend almost 7 years with clean record until this mistake happen. Can I apply for H&C (humanitarian and compassionate) since I have a born Canadian child and my home country is not safe to go there (Canada has added my country to the administrative deferral list coz of the unstable civil war) what happen when you apply for H&C ?

So can I apply for H&C with my convection? Or they might refuse it? I was told my factors are quite well since my kid, my work, home country unstable situation.

Please advice and thanks a lot

 

[scylla]

This is too complicated a situation for this forum. PMA should be seeking legal advice from a good immigration lawyer rather than looking for free advice on a forum that might very well be wrong.

 

[PMA]

This is too complicated a situation for this forum. PMA should be seeking legal advice from a good immigration lawyer rather than looking for free advice on a forum that might very well be wrong.

hi scylla

I askd 2 lawyers and both confused me one said apply for TRP its safer until you overcome your inadmissibility, the other said apply for H&C and see if you're approved, since so many factors in my side ( such Child, hardship, situation in home country) my concern is that can I still work while on H&C? will I get open work permit. And if am approved with H&C would they allow me to land even with criminal record.

from you point of expertise, what do you think its best to do now, apply for TRP or H&C ?

many many thanks to you and anyone whos helping

 

[scylla]

There is no open work permit granted with H&C.

I don't have the experience or knowledge to answer the rest of your questions.

I would consult with a third lawyer and then go with what the majority say you should do.

 

[c2h5oh]

Hybrid offence is an offence can be tried summarily or by indictment.
For Canadian immigration law purposes hybrid offences are considered indicative.

Impaired driving conviction makes you inadmissible to Canada.

You can apply for a inadmissibility exception under H&C - best interest of a child as well us on other grounds if your country is in fact that unstable (and the opinion on Canadian government about it is the same). But remember, this is not a "get out of jail free" card - it's far from it. Even best interest of the child will not automatically overrule criminal conviction. See http://www.cic.gc.ca/english/resources/tools/perm/hc/processing/child.asp

 

[PMA]

There is no open work permit granted with H&C.

I don't have the experience or knowledge to answer the rest of your questions.

I would consult with a third lawyer and then go with what the majority say you should do.

many thanks, but what kind of work permit they grant to H&C applicant ? I just don't want to lose my job if i apply for this program.

 

[PMA]

Hybrid offence is an offence can be tried summarily or by indictment.
For Canadian immigration law purposes hybrid offences are considered indicative.

Impaired driving conviction makes you inadmissible to Canada.

You can apply for a inadmissibility exception under H&C - best interest of a child as well us on other grounds if your country is in fact that unstable (and the opinion on Canadian government about it is the same). But remember, this is not a "get out of jail free" card - it's far from it. Even best interest of the child will not automatically overrule criminal conviction. See http://www.cic.gc.ca/english/resources/tools/perm/hc/processing/child.asp

thank you for the input,

if you apply under H&C are you allowed to travel? or they take for your passport.

many thanks

 

[scylla]

many thanks, but what kind of work permit they grant to H&C applicant ? I just don't want to lose my job if i apply for this program.

As stated in my previous post, there is NO work permit granted with H&C. You will not be able to continue working.

 

[scylla]

thank you for the input,

if you apply under H&C are you allowed to travel? or they take for your passport.

many thanks

You'll need to stay in Canada. H&C applications are for individuals who are located within Canada. Since you are inadmissible, if you actually leave Canada, don't expect to be let back in.

 

[PMA]

You'll need to stay in Canada. H&C applications are for individuals who are located within Canada. Since you are inadmissible, if you actually leave Canada, don't expect to be let back in.

even if you apply for Travel document or TRV ? down the road or after decision is made

 

[Ottawa-applicant]

As stated in my previous post, there is NO work permit granted with H&C. You will not be able to continue working.

hey scylla,

so any refugee or H&C will be not be able to work at all while their application in process?