3. Get legal advice
Question & AnswerI’m in Canada. Can I apply to stay permanently on H&C grounds?
Get legal advice if you need help to know whether you have the right to make a to Immigration, Refugees, and Citizenship Canada (IRCC).
A lawyer who knows immigration law can tell you whether:
- you’re eligible to apply
- there’s a chance that your H&C application will be successful
- you have other options
Depending on your situation, there may be other ways for you to apply for permanent residence in Canada. For example, if your reasons for making an H&C application might also be the basis for making a refugee claim, a lawyer can help you decide which option is best for you.
If you’re inadmissible to Canada
If you’re , a lawyer can tell you what your options are. Making an H&C application might not be the best thing for you to do.
And if you make an H&C application, you have to ask IRCC to accept your application, even though you’re inadmissible. A lawyer can help you do this.
It might be a good idea to include an application for a Temporary Resident Permit with your H&C application. But you need legal advice to find out if you should do this.
Risk of being removed or detained
Making an H&C application does not give you the right to stay in Canada until you get a decision. A lawyer who knows immigration law can tell you if you’re at risk of being removed from Canada.
If you don’t have a risk of being detained after making an H&C application.