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What are some other differences between an H&C application and a refugee claim?

H&C Applications Refugee Claims
H&C applications Refugee claims An H&C applicant does not usually get an interview. IRCC almost always makes a decision based on the written application. A refugee claimant has the right to a hearing at the IRB unless their claim is not eligible.
Being well-established in Canada, with a work history and strong family relationships, increases an applicant’s chances of success. Being established in Canada is not relevant to a refugee claim.
IRCC must consider any H&C reasons an applicant should be allowed to stay. They cannot look at risks in the same way the IRB does when it decides a refugee claim. But a situation that puts someone at risk may also cause hardship and support an H&C application.

For example, a woman who is at risk because of an abusive spouse in her home country may be able to show H&C reasons she should not be forced to return.

The IRB only considers risks that fit into the “Convention refugee” and “person in need of protection” definitions..
IRCC must consider the best interests of any child under the age of 18 who could be directly affected by their decision. The IRB decides a claim based only on whether a claimant fits the definition of a Convention refugee or person in need of protection.
Making an H&C application does not give an applicant the right to stay in Canada until IRCC decides.

But if they are approved at the first stage, then they can stay while IRCC considers their application at the second stage.

A refugee claimant can stay in Canada until the IRB decides their claim.
An H&C applicant can apply for a work or study permit after their application is approved at the first stage.

An H&C applicant does not get health-care coverage through the Interim Federal Health Program (IFHP).

But they may be able to apply to IRCC and ask that the IFHP pay all or some of an urgent or essential health-care cost.

A refugee claimant who is waiting for the IRB to decide their claim, can apply for a work or study permit, or both.

A refugee claimant gets health-care coverage through the Interim Federal Health Program (IFHP).

An H&C applicant and their family members must meet all the conditions for permanent residence, at the second stage. These conditions include certain health standards and the ability to support themselves financially.

In some cases, they may need to ask IRCC to excuse them from a condition that they do not meet. For example, from the condition that they can support themselves financially.

A successful refugee claimant can apply for permanent residence as a protected person. In that category, they do not have to meet all the usual conditions to get permanent residence.

For example, they do not have to show that they can support themselves financially, that they meet the usual health standards, or that their family members meet these conditions.

An H&C applicant who is successful at both stages becomes a permanent resident. There are situations when a permanent resident can lose that status and be forced to leave Canada. For example, if they commit a crime that is considered serious under immigration law. A successful refugee claimant gets the status of a protected person and will, in most cases, also become a permanent resident. But if they lose their status as a permanent resident, they might not be forced to leave Canada. This is because they still have the status of a protected person. In most cases the law does not allow a protected person to be sent back to a country where they would be at risk.
A successful H&C applicant who becomes a permanent resident does not risk losing their permanent resident status only because they travel to or get a passport from their country of nationality. A person could lose their status as a protected person and permanent resident if they voluntarily go back under the protection of the country they claimed refugee protection against. This could happen if they travel to or get a passport from that country. They could then be forced to leave Canada.
An H&C applicant must pay a fee to apply.

An H&C applicant who is successful at the first stage pays an additional Right of Permanent Residence Fee.

There is no fee to make a refugee claim.

A protected person pays a processing fee to apply for permanent residence but does not pay a Right of Permanent Residence Fee.

There are more differences between an H&C application and a refugee claim. These differences can be important to a woman’s situation. It is important to get legal advice.

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