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mims2000

Hero Member
Sep 6, 2012
367
6
hi guys. i just want to ask something. if a single mom with canadian citizen child applied for h&c, shoukd they stay here in canada until the decision is made? thanks
 
Under what visa are you currently in Canada and what have CIC said about your status ?
 
mims2000 said:
hi guys. i just want to ask something. if a single mom with canadian citizen child applied for h&c, shoukd they stay here in canada until the decision is made? thanks

Yes - you would need to remain in Canada if you want to have any chance of your case succeeding. I'm assuming you're not just basing your case on the fact you have a Canadian citizen child - but have a lot more than that to make your case.
 
scylla said:
Yes - you would need to remain in Canada if you want to have any chance of your case succeeding. I'm assuming you're not just basing your case on the fact you have a Canadian citizen child - but have a lot more than that to make your case.

Hi scylla. No. I have a complicated case. Im just wondering if we need to stay. Thanks a lot for the reply.
 
If you apply humanitarian and then leave, they will conclude that you didn't really need to stay in Canada after all.
 
Yes - you would need to remain in Canada if you want to have any chance of your case succeeding. I'm assuming you're not just basing your case on the fact you have a Canadian citizen child - but have a lot more than that to make your case.
Hi if your out of status in Canada , can you apply a H&C program? Is immigration consultant can help you to do it? Or just the immigrantion lawyer only can help you to apply this.
 
Hi if your out of status in Canada , can you apply a H&C program? Is immigration consultant can help you to do it? Or just the immigrantion lawyer only can help you to apply this.

Yes - you can apply for H&C.

I would recommend either applying on your own or hiring an immigration lawyer.

Immigration consultants are not a good choice for more complicated situations like this. Either hire a lawyer to increase your chances of success or do it yourself.
 
Hi if your out of status in Canada , can you apply a H&C program? Is immigration consultant can help you to do it? Or just the immigrantion lawyer only can help you to apply this.

Just to add to the above, depending on when your application was refused, you may still be able to apply to restore your status to visitor. That would be the best option rather than remaining in Canada without status. If you are in Canada without status, you can still be removed from Canada even if you have an H&C application in progress. Also be aware that if you go the H&C route, it will likely be at least 2 years before you have authorization to work in Canada. Make sure you have the funds to support yourself for this period of time. Or ideally restore your status and find a way to get a work permit approved through an LMIA.
 
Just to add to the above, depending on when your application was refused, you may still be able to apply to restore your status to visitor. That would be the best option rather than remaining in Canada without status. If you are in Canada without status, you can still be removed from Canada even if you have an H&C application in progress. Also be aware that if you go the H&C route, it will likely be at least 2 years before you have authorization to work in Canada. Make sure you have the funds to support yourself for this period of time. Or ideally restore your status and find a way to get a work permit approved through an LMIA.
requests are currently being processed faster than before
 
requests are currently being processed faster than before

That's good news!

I would still recommend that OP apply to restore status if still possible for them. IRCC has put in a policy to extend the 90 days. So if they fell out of status after Jan 30 this year, they can restore. Always better to be in status.
 
Hi if your out of status in Canada , can you apply a H&C program? Is immigration consultant can help you to do it? Or just the immigrantion lawyer only can help you to apply this.

Would warn you that filing for H&C won't give you status or grant you a work permit. You still need to sort out your current status and see if you have status or not.