4. Learn more about differences between refugee claims and H&C applications
Question and answer
What’s the difference between a refugee claim and an H&C application?Here are some of the differences between a refugee claim or a .
| Making an H&C application | Making a refugee claim |
|---|---|
| Decisions are almost always based on your written application. You are not likely to get an interview. | If your claim is eligible, you have the right to a refugee hearing. |
| It helps if you are well-established in Canada, with work history and strong family and community relationships. | Being established in Canada does not matter. |
| Almost anything that makes others feel compassion and want to help can be the basis for a successful H&C application. This includes that you would experience hardship if you had to return to your country. | All that matters is whether you meet the definition of or . |
| The decision-maker must consider the child’s best interests if there's a child who would be directly affected if you had to leave Canada. | |
| Making an H&C application does not give you the right to stay in Canada while you wait for a decision. | You can stay in Canada until your claim is decided. |
| You and your family members must not be . For example, you must meet all health standards and show that you can support yourself financially. But you can ask for an exception. | If your refugee claim is accepted, you can apply for status. You and your family members do not have to meet all the usual requirements. For example, all the usual health standards or the ability to support yourself financially. |
| If your H&C application is accepted and you become a permanent resident, you can lose that status and be forced to leave Canada for certain reasons. For example, if you're convicted of a . | If your refugee claim is accepted, you're a and you can usually become a permanent resident. A protected person usually cannot be sent back to a country where they would be at risk. |
| If you become a permanent resident, you will not lose that status only because you travel to or get a passport from another country. | You can lose your protected person and permanent resident status if you voluntarily do something that's considered going back under the protection of the country you claimed refugee protection against. For example, this could happen if you travel to or apply for a passport from that country. You could then be forced to leave Canada. |
| The fees are $635 for each adult and $175 for each dependent child who's included in the application. If you're successful, you must also pay the Right of Permanent Residence fee of $575 for each adult. | You do not have to pay a fee to make a refugee claim. But you must pay fees if your claim is accepted and you apply for permanent residence. The fees are $635 for each adult and $175 for each who's included in the application. You do not have to pay the Right of Permanent Residence fee. |
| If your H&C application is successful, you cannot sponsor your until after you receive permanent resident status. | If your refugee claim is successful, you can include your or dependent children in your application for permanent residence whether they're inside or outside Canada. |