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humanitarian and compassionate query

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
 

scylla

VIP Member
Jun 8, 2010
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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.
 

mims2000

Hero Member
Sep 6, 2012
367
6
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.
 

Leon

VIP Member
Jun 13, 2008
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If you apply humanitarian and then leave, they will conclude that you didn't really need to stay in Canada after all.
 

joanenriquez

Full Member
Jan 7, 2014
26
0
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.
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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.
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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.
 

Fréijoer Léiw

Star Member
Nov 2, 2020
83
54
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
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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.
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
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.