What are the complications of travelling to Canada 2-3 weeks before PGWP expiry?

[Naturgrl]

So if someone applies for H&C, how are they supposed to sustain themselves until it gets processed?

Your savings. If you are going to the US for many months, you are not eligible for H&C. Being terminated is not a reason. Don’t leave Canada if H&C is your plan. Get a good lawyer.

 

[forevermore76]

Does H&C only apply to situations where there is a danger to one's life? What about unique situations like if someone was at a Canadian job for 10 months before being wrongfully terminated........if they had 12 months of experience, they would have qualified for a PR stream. So can they say that if they were not wrongfully terminated, they would have been eligible?

Danger to life is grounds for asylum. Wrongful termination is a civil matter and you might be awarded damages if you sue the employer but it will very likely have no affect on immigration.

As @canuck78 suggested, if there was abuse, you might qualify for VOWP. That's pretty much it.

 

[TacticalPolarBird]

You perhaps qualify for a VOWP if you have proof of exploitation from an employer but that’s about it. Even if you had 1 year of work experience that doesn’t guarantee PR.

But the 1 year of experience will grant you a certain amount of points. Can you at least request those points to be added to your profile?

 

[TacticalPolarBird]

You want to make sure you have sufficient savings to live without working for the 1+ years it takes to get first stage approval to qualify for an open work permit.

That's where it gets tricky for me. If I stay with family in the US until October, and then make the H&C application in October, I will have enough savings for the next 1 year. However if I continue staying in Canada, I will be financially worse off.

 

[TacticalPolarBird]

Danger to life is grounds for asylum. Wrongful termination is a civil matter and you might be awarded damages if you sue the employer but it will very likely have no affect on immigration.

As @canuck78 suggested, if there was abuse, you might qualify for VOWP. That's pretty much it.

So under what circumstances do people make H&C applications? When I see the page for it online, it says that it is made in situations where someone will face torture or risk-to-life if they return to their home country.

 

[TacticalPolarBird]

Your savings. If you are going to the US for many months, you are not eligible for H&C. Being terminated is not a reason. Don’t leave Canada if H&C is your plan. Get a good lawyer.

But isn't it possible to apply for H&C from outside Canada as well? What are the different dynamics at play when it comes to applying for H&C from inside Canada versus applying from it outside Canada? Which one has a better chance of succeeding and why?

 

[Naturgrl]

But isn't it possible to apply for H&C from outside Canada as well? What are the different dynamics at play when it comes to applying for H&C from inside Canada versus applying from it outside Canada? Which one has a better chance of succeeding and why?

No, You don’t apply outside. How are you even eligible for H&C?

 

[scylla]

But isn't it possible to apply for H&C from outside Canada as well? What are the different dynamics at play when it comes to applying for H&C from inside Canada versus applying from it outside Canada? Which one has a better chance of succeeding and why?

No, it's not possible to apply for H&C from outside of Canada. The only option is to apply from inside of Canada.

 

[scylla]

That's where it gets tricky for me. If I stay with family in the US until October, and then make the H&C application in October, I will have enough savings for the next 1 year. However if I continue staying in Canada, I will be financially worse off.

Ultimately your call. All we can tell you is that leaving will very significantly weaken your H&C case.

 

[scylla]

But the 1 year of experience will grant you a certain amount of points. Can you at least request those points to be added to your profile?

Are you asking if IRCC will grant you 1 year of work experience points even though you worked less than 12 months? If so, the answer is no. They will not.

 

[canuck78]

So under what circumstances do people make H&C applications? When I see the page for it online, it says that it is made in situations where someone will face torture or risk-to-life if they return to their home country.

That sounds more like an asylum claim. If that was the case you should have applied for asylum on arrival. Assume you have proof of the risk to your life and no safe region of your home country as well.

 

[canuck78]

But the 1 year of experience will grant you a certain amount of points. Can you at least request those points to be added to your profile?

1 year of work is never guaranteed with any WP neither is PR. No you can't claim time that you worked if you didn’t actually work. If there was a wrongful termination you should have contacted a labour lawyer. What is your definition of wrongful termination and how did you get this job? Was there any payment involved?

 

[TacticalPolarBird]

1 year of work is never guaranteed with any WP neither is PR. No you can't claim time that you worked if you didn’t actually work. If there was a wrongful termination you should have contacted a labour lawyer. What is your definition of wrongful termination and how did you get this job? Was there any payment involved?

This is not my exact situation, it was just a relatable example. Yeah 1 year of work is never guaranteed, but can you make the argument that you were put through unfair circumstances and had your rights violated? I thought H&C stream is for unique situations like that.

One opposing argument that I hear is "What if a company shuts down before someone finishes 1 year of work. They can't be eligible". But in that case, the worker's rights were not violated.

 

[scylla]

This is not my exact situation, it was just a relatable example. Yeah 1 year of work is never guaranteed, but can you make the argument that you were put through unfair circumstances and had your rights violated? I thought H&C stream is for unique situations like that.

One opposing argument that I hear is "What if a company shuts down before someone finishes 1 year of work. They can't be eligible". But in that case, the worker's rights were not violated.

You can try applying. Nothing stopping you from doing that. I assume you only had a one year PGWP and this is why you can't get the 1 year of work experience to qualify for CEC.

IMO you need more to make a strong H&C case and as said before, that case will be weakened of you leave Canada. But again, ultimately your decision.

 

[TacticalPolarBird]

You can try applying. Nothing stopping you from doing that. I assume you only had a one year PGWP and this is why you can't get the 1 year of work experience to qualify for CEC.

IMO you need more to make a strong H&C case and as said before, that case will be weakened of you leave Canada. But again, ultimately your decision.

Not really, I had enough time on my permit.

Without getting too specific (due to privacy concerns), my rights were violated by a company. And if I was put through a fair process, I would probably would have been eligible for CEC.

I'm just having a hard time understanding what is the basis on which PR is granted in H&C. I've learnt that the danger-to-life scenario is only meant for asyulm seekers.

So how do they decide whether to grant PR in H&C? Is it granted in situations where the applicant has a dependency relationship to Canada (Eg: They have a child in Canada, or there is a specific healthcare service they need which is only available in Canada)? I don't have any such dependency. My argument is more along the lines of "Having worked hard to build a life here and being put through an unfair process".