H&C and Asylum

[mahamudnabi]

Hi, I have a question. I’ve been living in Vancouver since December 2018 and submitted my H&C application for my entire family, including my children, in August 2024. However, I haven’t received any updates from IRCC yet. I lost my status in Canada, and my 90-day restoration period will expire on April 14th. I’m planning to leave Canada at the end of March.





My question is: Can I apply for refugee/asylum while my H&C application is still being processed? Alternatively, can I withdraw my H&C application and apply for asylum instead? I understand that having an active H&C application may prevent me from applying for asylum at the same time. Can someone please clarify this?

 

[canuck78]

Hi, I have a question. I’ve been living in Vancouver since December 2018 and submitted my H&C application for my entire family, including my children, in August 2024. However, I haven’t received any updates from IRCC yet. I lost my status in Canada, and my 90-day restoration period will expire on April 14th. I’m planning to leave Canada at the end of March.






My question is: Can I apply for refugee/asylum while my H&C application is still being processed? Alternatively, can I withdraw my H&C application and apply for asylum instead? I understand that having an active H&C application may prevent me from applying for asylum at the same time. Can someone please clarify this?

Claiming asylum when you’ve been in Canada since 2018 probably not be a great idea although would consult a lawyer. Do you have proof of persecution or country condition changes? Hard to justify why your life would now be at risk and why you didn’t apply for asylum until you had no other options for permits/PR. Trying to restore your status to a visitor doesn’t help you much. If leaving in March why are you applying for anything?

 

[Buletruck]

Hi, I have a question. I’ve been living in Vancouver since December 2018 and submitted my H&C application for my entire family, including my children, in August 2024. However, I haven’t received any updates from IRCC yet. I lost my status in Canada, and my 90-day restoration period will expire on April 14th. I’m planning to leave Canada at the end of March.





My question is: Can I apply for refugee/asylum while my H&C application is still being processed? Alternatively, can I withdraw my H&C application and apply for asylum instead? I understand that having an active H&C application may prevent me from applying for asylum at the same time. Can someone please clarify this?

You won't be leaving Canada for quite some time if you apply for asylum.