H&C

[Shee9010]

Hello everyone

I want to apply for the H&C but I don't understand a few things and I dont have a lawyer. So basically if I applied for the H&C on the ground that my life and that of my son are in danger if we return back to my origin country since I am a single mother but what will happen in case my visa is expired? How can we leave Canada if we dont have anywhere to go?

 

[Naji.Lebanon]

H&C is not the best option for your case at least at the current time. I believe applying as a refugee is better option.

 

[Naji.Lebanon]

Usually risk to life is determined by REFUGEE PROTECTION DIVISION not H&C officer.

 

[Shee9010]

Earlier on the forum a member told me I cant apply for refugee amd maybe I shall try for H&C. I am totally confused now. My son is a canadian citizen and my brother threatened me because of the community/society back to my original country

 

[Naji.Lebanon]

A risk to life is always a basis for a refugee claiment, However during the hearing you shall prove that you are a credible witness and that the state protection at your country of origin is ineffective or inadequate. Second you should also prove that there is no alternative flight available (safe place) at your country of origin.
If you met these critries you will get a protected person status which allow you to apply and obtain a permenant resident Status.

 

[Shee9010]

Ok thank you

 

[canuck78]

Since you have a Canadian son you must have been in the country for a while. What kind of visa did you have? Refugees are expected to apply for refugee status as soon as possible so if you have been in Canada for a long time that could present an issue.

 

[canuck78]

I encourage you to check with a lawyer because if you have been in Canada for a long time I don't think you qualify as a refugee it would be most likely an H&C case. Have you been back to your home country? Still unclear what your status is here and if you don't have status how long it has been expired

 

[Shee9010]

Yes my case is complicated. I came here in Jan 2015 on closed work permit. My employer didnot have any job for me like he just kept fooling me. I was looking for a new employer. In 2016 i delivered my baby. End of Jan 2017 my wrk permit was expired but before that I had applied for Tourist Visa. After that a consultant applied for my LMIA. My Tourist Visa was effected from end of Mar to end of Jun. Again I have applied for a visa extension. So I feared if my work permit is being delayed what shall I do? 1 thing is clear we cant go back.

 

[canuck78]

You need a lawyer. Your case is very complex. How have you been able to live in Canada for 2 years with a baby? If you have been working illegally that complicates things even more. Unfortunately at first glance it looks like you are applying for any visa and extension possible to stay so you will have to have a lots of proof that you are at risk. This is not a refugee case it is much more likely a H&C you problems started when you arrived in Canada not when you were leaving your home country.

 

[Shee9010]

No I didnot work. I was living with the money I had and the father supports the baby sometimes since I dont work. My mother is ready to testify for me as she is worried for us. I left my country because of the unstable situation at home. Right now I just want to work and look after my son that's all

 

[Naji.Lebanon]

No I didnot work. I was living with the money I had and the father supports the baby sometimes since I dont work. My mother is ready to testify for me as she is worried for us. I left my country because of the unstable situation at home. Right now I just want to work and look after my son that's all

If the situation in your country of origin is very bad like civil war, political instability or humanitarian crises your H&C might be successful mainly on BIOC Argument

 

[canuck78]

No I didnot work. I was living with the money I had and the father supports the baby sometimes since I dont work. My mother is ready to testify for me as she is worried for us. I left my country because of the unstable situation at home. Right now I just want to work and look after my



Your story keeps on changing. At first you said you couldn't return because you are now a single mother and now you were saying your family situation was unstable originally and that's why you are in fear. Unfortunately you should have applied for H&C or refugee upon arrival or at least earlier and not applied for work visas and TRVs. Start documenting every threat you have. Family situations are not often grounds to stay in Canada. I don't want to scare you but want to be honest that you need the help of a lawyer and this will be a tough fight.

 

[Shee9010]

Ok I said my family situation was unstable that is why I came here. Now that I am a single mother the situation has worsened.

 

[Bs65]

For sure you need a lawyer given very difficult to prove perceived threats from a family member unless law enforcement in home country been involved versus some obvious threats such as war or religious differences.

Plus as per other answers if nothing else you need a lawyer to ensure you remain with some sort of valid status to remain in the country whilst following through on any case. Getting input from a forum is fine but nobody here is a lawyer giving professional advice which is what you need.