What happens to my status during a Humanitarian and compassionate application?

[julianaz]

Here's my situation:

I came to Toronto in August 2017, married, husband had a student permit and i have a open work permit. I suffered domestic violence and got separated in June 2018, and I am gonna apply for the H&C because i have all the reasons to.
My work permit expires in July 2019, after i apply what happens with my current status? I know you can only apply for a new work permit after you pass stage 1, but if you apply while you still hold a valid work permit can you keep working while waiting or you loose your status once your visa expires and you just wait for the application without a legal status? Do i become an illegal resident? Do i go under implied status?

Any help is appreciated.

 

[canuck_in_uk]

Here's my situation:

I came to Toronto in August 2017, married, husband had a student permit and i have a open work permit. I suffered domestic violence and got separated in June 2018, and I am gonna apply for the H&C because i have all the reasons to.
My work permit expires in July 2019, after i apply what happens with my current status? I know you can only apply for a new work permit after you pass stage 1, but if you apply while you still hold a valid work permit can you keep working while waiting or you loose your status once your visa expires and you just wait for the application without a legal status? Do i become an illegal resident? Do i go under implied status?

Any help is appreciated.

What exactly are your reasons for H&C? Why are you not able to return to your country?

You can work until your permit expires. You would need to apply to change your status to visitor before expiry. You will likely be unable to work for a year or more.

 

[julianaz]

What exactly are your reasons for H&C? Why are you not able to return to your country?

You can work until your permit expires. You would need to apply to change your status to visitor before expiry. You will likely be unable to work for a year or more.

Reasons: domestic violence, establishment in Canada, hardship if returning to my country. Basically 90% of the reasons one need to apply for H&C.

 

[canuck_in_uk]

Reasons: domestic violence, establishment in Canada, hardship if returning to my country. Basically 90% of the reasons one need to apply for H&C.

Experiencing domestic violence is not an H&C reason to stay in Canada. You've only been in Canada less than 2 years, so establishment is not very significant. What is your hardship in returning to your country?

 

[julianaz]

Experiencing domestic violence is not an H&C reason to stay in Canada. You've only been in Canada less than 2 years, so establishment is not very significant. What is your hardship in returning to your country?

My question is not if my application has chances to be approved or not, i only wanna know if i can keep working or not. Thanks for your help.

 

[jddd]

My question is not if my application has chances to be approved or not, i only wanna know if i can keep working or not. Thanks for your help.

You can work until your current work permit expires. You will not be able to get another work permit unless you get first stage approval for your H&C claim. Though you were not asking for your chances, an expert is giving you an idea to help you even further. First stage approval takes about 2 years.

 

[canuck78]

Agree this isn't an H&C case. You came with your husband who was on a student visa. You had a work permit so nothing was stopping you from leaving him and nothing stopping you from applying for economic immigration.

 

[canuck_in_uk]

My question is not if my application has chances to be approved or not, i only wanna know if i can keep working or not. Thanks for your help.

From the information you've provided, you don't qualify for H&C. If and when you are refused, you will be removed from Canada.

 

[julianaz]

Agree this isn't an H&C case. You came with your husband who was on a student visa. You had a work permit so nothing was stopping you from leaving him and nothing stopping you from applying for economic immigration.

Okay, here's the thing:

I come from a poor country/neighborhood. I met this men about three months before he was supposed to move to Canada, I fell in love with him and he suggested that we should get married and I should come to Canada with him. At the time i was alone, had no family support, i was 19 years old and in love, of course it sounded like a good idea, the love i felt would make me go with him anywhere.
Once we got here things changed, he basically wanted someone who would work and give him all the money so he could have a luxurious life in Canada while studying (he had a lot money when we came, i never got any of that money, i couldnt even buy winter clothes without his consent, even though i was working and making money by myself). Thats when the abuse started, physically and psychologically. He ruined any chance for me to come back to my country by telling horrible things about me to my family, they wouldnt even talk to me anymore, i ended up in a mental health institution due to psychological abuse, and after almost a year living in that situation i decide to leave and try living by myself. I met a community lawyer and she said i should apply for H&C.

I have no money of my own other than the money i make to pay my bills, i have no graduation, no big job experience. This is just the general information, there's a lot more detailed stuff but i could write for days. I could never apply for economic immigration and neither can go back home as i have no support or ways to live by myself back there, if i come back i would become a homeless person.

 

[Copingwithlife]

No offence , but you’re requesting to circumvent the immigration process in requesting H & C for economic purposes . What did you do or who took care of you in your country prior to meeting this man ?
Coming from a poor country and or neighbourhood , or being homeless for that matter , if you return to your country is not a reason for H & C. It’s your countries responsibility to care of their citizens , not Canada’s

 

[julianaz]

No offence , but you’re requesting to circumvent the immigration process in requesting H & C for economic purposes . What did you do or who took care of you in your country prior to meeting this man ?
Coming from a poor country and or neighbourhood , or being homeless for that matter , if you return to your country is not a reason for H & C. It’s your countries responsibility to care of their citizens , not Canada’s

I had a job that allowed me to pay the cheapest rent I could and eat noddles every day. No one took care of me. I have done a lot of research and everything I read says that in my situation I should apply for an H&C, I even found this information in this website, but for some reason even after explaining everything I’m being told I can’t. I don’t understand, everywhere it says that my case is under the H&C grounds. It’s not only because of financial problems. My life is here, my job which I love and I have chances to grow, my friends, I have nothing back in my country, I’m established in Canada. I’m taking care of my mental health in Canada, something that I wouldn’t be able to do in my country, how come is that not a good enough reason to apply for H&C?

 

[canuck78]

Cultural shaming likely kept you in your marriage even though you had a visa and were free to leave and you saying cultural shaming is preventing you from returning. You have only spent a short time in Canada and should be looking to see if you cannot a work permit. Sure your family will likely take you back or you can access an NGO in your home country. Without being able to work you are looking at a very challenging situation.

 

[canuck78]

I had a job that allowed me to pay the cheapest rent I could and eat noddles every day. No one took care of me. I have done a lot of research and everything I read says that in my situation I should apply for an H&C, I even found this information in this website, but for some reason even after explaining everything I’m being told I can’t. I don’t understand, everywhere it says that my case is under the H&C grounds. It’s not only because of financial problems. My life is here, my job which I love and I have chances to grow, my friends, I have nothing back in my country, I’m established in Canada. I’m taking care of my mental health in Canada, something that I wouldn’t be able to do in my country, how come is that not a good enough reason to apply for H&C?

You said your mental health was due to your abusive marriage. You were capable of starting life on your own in Canada so you would also be strong enough to do so in your home country.

 

[LILIAN27]

To honest, you do not have a enough years to apply for humanitarian at least 4years or more

 

[Buletruck]

I even found this information in this website, but for some reason even after explaining everything I’m being told I can’t. I don’t understand, everywhere it says that my case is under the H&C grounds.

No one is telling you can’t apply, only that you have insufficient grounds to apply. H&C is for exceptional circumstances only and unfortunately your situation isn’t terribly exceptions. Unfortunate maybe, but not exceptional.