Can you ask to stay in Canada as a visitor while you wait and H&C decision? In some cases, yes. This case study shows how it’s possible.
Our clients had applied for permanent residence on humanitarian and compassionate (H&C) grounds. Their young child was born in Canada and needed ongoing medical care. One parent was also pregnant with their second child. They wanted to stay together in Canada while their H&C application was in process, but they still needed permission to stay as visitors.
We applied to extend their visitor status using a TRP and Visitor Record application. Thankfully, both their TRPs and visitor record applications was approved.
Why did they need a visitor record?
An H&C application asks Immigration, Refugees and Citizenship Canada (IRCC) to consider a person's special circumstances when deciding a permanent residence application. Filing that application does not, by itself, extend a person's temporary status in Canada.
A visitor record is a document that lets a person remain in Canada as a visitor until the date shown on it. It is not a visa, and it does not guarantee re-entry if the person leaves Canada. A person who wants to stay longer should apply to extend their visitor status before their current authorized stay ends.
We also requested a temporary resident permit – in the same application.
Along with the visitor record request, we asked IRCC to consider a temporary resident permit, or TRP, if needed. A TRP is different from a visitor record. It is a special permit an officer may issue when a person is inadmissible or does not meet a requirement of Canada's immigration law, but there is a compelling reason to let them enter or remain temporarily. The decision is discretionary.
How did we explain the family's situation?
We gave IRCC a clear picture of the family's needs. We explained their child's medical care, the pregnancy, and the help they received from relatives in Canada. We included documents about the child's care, the pregnancy, their family ties, and the relatives' ability to support them.
We also addressed a question that can arise in these cases: How can someone seek permanent residence and ask to stay temporarily at the same time? Canadian immigration law allows a person to have both plans. This is called dual intent. The person must still meet the rules for a temporary stay, including leaving Canada when their authorized stay ends.
The visitor record decision did not decide the family's H&C application. The two requests have different purposes and are assessed separately.
What can other families learn?
An H&C application does not automatically stop a family from receiving a visitor record. It also does not automatically give them permission to stay. In this case, we explained the family's circumstances, provided supporting documents, and addressed the rules for a temporary stay. IRCC approved the visitor record request while the permanent residence application remained in progress.
Every application turns on its own facts. If your status may expire while you wait for an H&C decision, get advice before the expiry date so you can understand which temporary residence options may apply to you.
