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

[vensak]

Yes, if the decision-maker was sympathetic to the overall application then they could reasonably broaden their consideration with regard to family violence, for example.

IP5 encourages broad considerations for a position with considerable discretion.

5.6. Balance between discretion and consistency


Effective decision-making in H&C cases involves striking a balance between certainty and consistency on the one hand and of flexibility to deal with the specific facts of a case, on the other. In addition to the legislation, documents such as policy statements, guidelines, manuals and handbooks, provide guidance to applicants and decision-makers on when and how discretion should be best exercised in keeping with the policy intent.

Such documents may legitimately influence decision-makers in their work.

See Thamotharem v. Canada (Minister of Citizenship & Immigration); 2007 CarswellNat 1391; 2007 FCA.

H&Cs are not so much "fastened" to their guidelines as they are rightly "guided" by them. They are not parallel to the Act and Regulations.

In other words, there is nothing binding officers to take abusive relationship of 2 foreign nationals (non PR) into account. As there is no guidance to do that. So it is just a lottery how companionate or not that particular officer will be. So yes that is threading the water there.

In the case described above, this was stated:
1. both of them are neither Canadians nor PR, hence they only have TRV each of them (in this case it was study and work permit).
2. as such once issued those permits are independent from each other, but they are also temporary and it was clear that they are suppose to leave Canada, once those permits will either expire or be revoked.
3. So with the context of above, reasoning to stay in such relationship in order not to leave Canada in the future, does not stand much ground. In other words, they knew that they would have to leave regardless if they will be married, separated or divorced.
4. Pointing out reasoning, that your EX would try to make your life difficult by reporting you to immigration office for whatever reason. Well anybody can do such thing and there is no real higher or lower success to end up with revoked TRV; just because such person is a close family.
5. So the only reasoning is to stay in such relationship from the fear of being alone, abandoned, ashamed in front of your own family, being attacked by your partner or because of children (which is not the case here). Unfortunately these are just general reasons that are not related to stay in a specific country (in this case Canada).

Now about Canada itself. With just a little bit research it is not hard to find that there are plenty people on minimum or below minimum wage (for example if they are contractors and work less than 40 hours a week). You can find whole families depending on 1 salary on a minimum wage (that is like 3+ people living from it). Can it lead to poverty, homelessness or temporary shelters. Sure it can. So unfortunately, economic hardship is not really a big currency.

Now as for the process (from the little I know). Until first stage approval (which can take long time, easily over a year), there is no guaranteed status there. Meaning, if your work permit will expire before, you are out of status and you will be asked to leave or you need to find ways how to keep yourself in.
Also during that stage any leaving Canada (for example short shopping trip to USA), may end up in refusal on borders. As foreigner nationals have no right to enter Canada, they can be only be allowed to do it. So technically any officer can revoke that work permit at that point (it may be improbable, but not impossible).

 

[Bornlucky]

In other words, there is nothing binding officers to take abusive relationship of 2 foreign nationals (non PR) into account. As there is no guidance to do that. So it is just a lottery how companionate or not that particular officer will be. So yes that is threading the water there.

In the case described above, this was stated:
1. both of them are neither Canadians nor PR, hence they only have TRV each of them (in this case it was study and work permit).
2. as such once issued those permits are independent from each other, but they are also temporary and it was clear that they are suppose to leave Canada, once those permits will either expire or be revoked.
3. So with the context of above, reasoning to stay in such relationship in order not to leave Canada in the future, does not stand much ground. In other words, they knew that they would have to leave regardless if they will be married, separated or divorced.
4. Pointing out reasoning, that your EX would try to make your life difficult by reporting you to immigration office for whatever reason. Well anybody can do such thing and there is no real higher or lower success to end up with revoked TRV; just because such person is a close family.
5. So the only reasoning is to stay in such relationship from the fear of being alone, abandoned, ashamed in front of your own family, being attacked by your partner or because of children (which is not the case here). Unfortunately these are just general reasons that are not related to stay in a specific country (in this case Canada).

Hi there,

No, in other words I contend that there is nothing preventing the decision-maker from expanding their consideration regarding family violence involving non-permanent residents. Will they do it, I doubt it, but they could reasonably do it as per the mention of their discretion above from their guidelines.

H&C decisions that do go for review in the Federal Courts are often arguing that the officer failed to properly exercise their discretion when assessing the evidence provided, or that they reached unreasonable conclusions with the information available.

Arguing case specifics based upon a posting won't replace a well supported application where a sophisticated legal expert builds a compelling case, if there is one there to be built, with illustrations of how someone conforms with Canada's stated policies.

A decision-maker restricting Canada's concern for victims of family violence (in Canada) to spouses of permanent residents only may look a little mushy to a disinterested third party, such as a Federal Court judge - but just as you mention the lottery of the compassion of the officer, the judge you get is also a lottery. Still, it is the Federal Court of Canada that causes most Immigration Manual edits.

Still, it would be interesting to argue that Canada would exercise an H&C exemption to someone married to a PR but under absolutely identical circumstances not do so if the abusive spouse is not a PR. It doesn't appear to be a reasonable restriction for a decision-maker with clearly stated broad discretion. The victim doesn't change at all, just the abuser's status? Flimsy.

But to your points
1. yes
2. just like almost every H&C applicant - supposed to only be here temporarily but applying to stay permanently
3. if you believe that 1 & 2 adds up to a negative decision then you've lost me
4. Any documented threat should be included but this isn't persuasive on its own
5. In this discussion you offer some generalized summation whereas the applicant is expected to present their personal circumstances and I wouldn't expect that level of detail on this site but I would with a proper application.

Now, not fully knowing the process as you say, hasn't prevented you from deciding the matter. It's a lawyer that ought to be consulted.

Cheers

 

[vensak]

1. yes
2. just like almost every H&C applicant - supposed to only be here temporarily but applying to stay permanently
3. if you believe that 1 & 2 adds up to a negative decision then you've lost me
4. Any documented threat should be included but this isn't persuasive on its own
5. In this discussion you offer some generalized summation whereas the applicant is expected to present their personal circumstances and I wouldn't expect that level of detail on this site but I would with a proper application.

3. No just as I have written, trying to use staying in abusive relationship in order not to have to leave Canada will not really fly. Why? Because she was not in sponsorship process and the whole time was aware, that her stay was supposed to be temporary.
4. Again in this case her spouse did not have additional "power" to make her life more difficult when it comes to immigration office. Unlike in cases of spousal sponsorship, he could not stop or reverse any process of her becoming permanent, simply because nothing like that was happening. Whatever he could do (fake accusation for example) anybody else could do as well.
5. Sure they should, just in this case there is no expectation that her case of abusive relationship would have (in the given circumstances) any guaranteed value to help her case. It is because there is no law or guidance telling officers to take it account (she was not in spousal sponsorship for permanent residency process). All she can hope for is to hit a more compassionate officer.

 

[Bornlucky]

3. No just as I have written, trying to use staying in abusive relationship in order not to have to leave Canada will not really fly. Why? Because she was not in sponsorship process and the whole time was aware, that her stay was supposed to be temporary.
4. Again in this case her spouse did not have additional "power" to make her life more difficult when it comes to immigration office. Unlike in cases of spousal sponsorship, he could not stop or reverse any process of her becoming permanent, simply because nothing like that was happening. Whatever he could do (fake accusation for example) anybody else could do as well.
5. Sure they should, just in this case there is no expectation that her case of abusive relationship would have (in the given circumstances) any guaranteed value to help her case. It is because there is no law or guidance telling officers to take it account (she was not in spousal sponsorship for permanent residency process). All she can hope for is to hit a more compassionate officer.

Hello again,

All of this is based on posts - people may carry on guessing because the point I wished to impart was the broad discretion of the decision-maker juxtaposed to guidelines that are not exhaustive. The decision-maker can rely upon any reasonable information sources in order to make their decisions. Of course it depends upon the officer because of their authority as independent decision-makers AND their broad discretion - I thought this could be assumed but I guess not.

H&C applications require more than what has been posted here for an informed decision to be made and I haven't argued that it will convince anyone of anything, simply that to state that it doesn't have any merit isn't accurate. You haven't altered any of that.

Approvals don't go to Federal Court so similar cases may have already been approved. Could be, maybe - who can say?

 

[Bobby_786]

They ask everyone. I know of multiple people who were rejected after medicals

Hi
Thanks for great help. Please also let know we done medical 6 May 219, now after medical how long will it take for First approval of application, just give me aprox time please
Kindest regards

 

[Moonlight444]

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.

Hi there.
Yes, you do, in fact have reasons to apply for H&C under all your harsh circumstances. Whoever says that your reasons are not good enough they may not know all the depth and details of your story... but you do...!
1). 2 years is enough time to settle anywhere (hm, but apparently not for all people from what I read here).

2). Abuse and violence are not welcomed in Canada but you DO NEED to provide all the evidences/prove: like police records, Neibour/friends testimonies, pictures of bruises, nasty emails, threats etc...

3). There are different cultures and oh boy can some of them be so judgmental and shame you for whatever they think they have to... some families can really turn away from you. And Canadian immigration centre has seen it ALL! But somehow you need to prove that too...

4). Ties. As many as possible!! : job, friends, community etc. If you volunteer or any other special activities that benefit Canadian society/country- provide letters from people who will intercede for you.

And more....

You can do this but you do need a good lawyer to do the job ONCE for you to make sure you stay here!!
Don’t get discouraged by someone who tell you it’s impossible. The reason why I’m saying this is because I know stories that are much less sensitive than yours and people would get an approval just because their case was handled by the right representative.

I also feel for you and wish you all the best now and in the future... don’t let your spirit fall, keep strong and fight for your rights.
If you win this process or whatever way you choose to stay here - you will never be the same! You’ll be strong and resilient

 

[Bobby_786]

Hi there.
Yes, you do, in fact have reasons to apply for H&C under all your harsh circumstances. Whoever says that your reasons are not good enough they may not know all the depth and details of your story... but you do...!
1). 2 years is enough time to settle anywhere (hm, but apparently not for all people from what I read here).

2). Abuse and violence are not welcomed in Canada but you DO NEED to provide all the evidences/prove: like police records, Neibour/friends testimonies, pictures of bruises, nasty emails, threats etc...

3). There are different cultures and oh boy can some of them be so judgmental and shame you for whatever they think they have to... some families can really turn away from you. And Canadian immigration centre has seen it ALL! But somehow you need to prove that too...

4). Ties. As many as possible!! : job, friends, community etc. If you volunteer or any other special activities that benefit Canadian society/country- provide letters from people who will intercede for you.

And more....

You can do this but you do need a good lawyer to do the job ONCE for you to make sure you stay here!!
Don’t get discouraged by someone who tell you it’s impossible. The reason why I’m saying this is because I know stories that are much less sensitive than yours and people would get an approval just because their case was handled by the right representative.

I also feel for you and wish you all the best now and in the future... don’t let your spirit fall, keep strong and fight for your rights.
If you win this process or whatever way you choose to stay here - you will never be the same! You’ll be strong and resilient

Hi
What a wonderful explanation about H n C .
Please guide me as well.
I got AIP in 11 months. In July 2019 ,behalf of best interest of my child. They are one background checks...
What they do in background checks? And normally how long they take on background checks?
Please let me know.

 

[Ocols]

H&C application doesn’t allow you to work, but you might apply study permit and work while studying unless you aren’t a refugee claimants or rejected refugees. You won’t be qualify any other visa if you have claimed refugee. Otherwise you can move to Atlantic Canada and start new life finding a job and later apply for new work permit with help of employer

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.

 

[annaventura]

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.

Hi. I came across your feed. Do you have a child? I had a same situation but I have a child so it was easier. Please update.

 

[annaventura]

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.

You don't need a lawyer, the best way to do it is yourself so you can express the things that happened to you. I wish the best for you.

 

[Latin40]

You can have more information in this forum H&C Humanitarian Ground with/or Without Failed refugee claim

 

[Latin40]

You can have more information in this forum H&C Humanitarian Ground with/or Without Failed refugee claim

https://www.canadavisa.com/canada-immigration-discussion-board/threads/h-c-humanitarian-ground-with-or-without-failed-refugee-claim.550176/

 

[imansoor]

All you guys laterally avoided the main question asked by OP. He/She asked clearly what happens to her current status after applying for H&C. Most of you guys were talking about how OP is not eligible for H&C, probably the main reason why he/she stopped replying back on the thread.