1. Get legal advice to decide which application to make

You cannot make a humanitarian and compassionate (H&C) application and a refugee claim at the same time. You must choose between the two. So it's important to get legal advice before you decide what to do.

It's important to get help from a lawyer or other licensed representative who knows both immigration and refugee law. They can help you decide whether to make an H&C application or a refugee claim.

They can tell you:

• if you can make a refugee claim because you meet the definition of a Convention refugee or person in need of protection
• if you can make an H&C application and if it can be successful
• how long it might take to get a decision
• if there are other legal issues that affect your situation. For example, you might be from a country that Canada is not sending people back to because of the human rights situation there.

If you're eligible and you make a refugee claim, you can stay in Canada while you're waiting for a decision.

But, if you make an H&C application, you do not have the right to stay in Canada until you get a decision. So you need to get legal advice about the risk of being forced to leave Canada while you wait for a decision.