2. Learn about other reasons that affect your right to make an H&C
Question & Answer
I’m in Canada. Can I apply to stay permanently on H&C grounds?There are other reasons that you might not have the right to make a to Immigration, Refugees, and Citizenship Canada (IRCC).
If you apply for a Pre-Removal Risk Assessment
If you're going to be removed from Canada, you might be eligible for a Pre-Removal Risk Assessment (PRRA). A PRRA is a written application where you explain why you're afraid to return to your country and provide that helps to show why you're afraid.
If you were found ineligible to make a refugee claim and you applied for a PRRA instead, you cannot make an H&C application until you get a decision about your PRRA.
If you’re inadmissible for certain reasons
You cannot make an H&C application if you're for reasons such as:
- you're a danger to Canada's security
- you're suspected of being involved in terrorism, organized crime, or espionage
- you're suspected of committing human rights violations
If you’re a “designated foreign national”
A is someone who came to Canada in a group that the Minister of Public Safety decides is an “irregular arrival”. If you're a designated , you cannot make an H&C application until at least 5 years from the date that the Minister makes that decision.
The Minister can decide this when the group arrives or after they arrive in Canada.