Can You Stay in Canada While Waiting for H&C Decision? Legal Facts

Published by: Can X Global Solutions Inc.

Applying for permanent residence through Humanitarian and Compassionate (H&C) grounds is often a last resort for individuals who do not qualify under other immigration programs but have compelling reasons to stay in Canada. Many applicants face the same urgent question:

Can you legally remain in Canada while waiting for a decision on your H&C application?

The answer is not always straightforward. This blog breaks down the rules, risks, and legal facts you need to know.

1. Filing an H&C Application Processing Time 2026 Does Not Give You Legal Status

Submitting an H&C Application Processing Time application does not automatically grant or extend temporary resident status in Canada. This means:

- If your work permit, study permit, or visitor visa has expired, you are technically out of status unless you restore it separately.
- You cannot assume that an H&C Application Processing Time alone allows you to remain in Canada legally.

This is a common misconception and one of the biggest risks for applicants.

2. Can You Stay in Canada While the H&C Application Processing Time Is in Process?

Yes, you can physically remain in Canada while waiting for a decision, but only under certain conditions:

- If you still have valid temporary status (for example, a valid work or study permit), you may stay lawfully.
- If your status has expired, you must either restore your status (if eligible) or remain without legal status, which carries serious risks.
- The H&C Application Processing Time itself does not stop removal proceedings if you are under a removal order.

In other words, being in Canada is allowed while your H&C is under review, but it does not guarantee legal protection unless you take additional steps.

3. What If You Have a Removal Order?

This is one of the most critical issues for H&C Application Processing Time applicants.

- If you already have a removal order, immigration enforcement (CBSA) can still remove you from Canada before your H&C is decided.
- However, if your H&C has passed the first-stage approval (meaning IRCC has accepted your case as eligible for processing), CBSA often holds off on removal.

It is important to remember that filing an H&C application does not automatically delay or cancel removal orders. You may need to request a deferral of removal or explore legal remedies with a lawyer if deportation is imminent.

4. Work and Study While Waiting for H&C

Another common question is whether H&C applicants can work or study while waiting.

- You may apply for an open work permit if your H&C has passed the first-stage approval.
- Before that, you cannot legally work or study unless you hold a valid permit.

This means that unless you already have legal authorization, you cannot take up employment or attend school simply because you have filed an H&C application.

5. Processing Times for H&C Applications

H&C Application Processing Time 2026 are complex and can take 18–24 months or longer to process, depending on the case and volume of applications.

This long waiting period often creates uncertainty for applicants, especially if they are without legal status. That is why maintaining valid status whenever possible is highly recommended.

6. Key Risks of Staying Without Legal Status

Remaining in Canada without valid temporary status while waiting for an H&C Application Processing Time decision can lead to:

- Detention and deportation by CBSA.
- Limited access to healthcare, work opportunities, and social benefits.
- A negative impact on your credibility if IRCC views you as non-compliant with immigration laws.

It is always better to restore your status or apply for another valid permit while your H&C is pending.

7. How to Protect Yourself During the Waiting Period

If you are waiting for an H&C Application Processing Time Decision, here are practical steps to protect yourself:

- Maintain or restore legal status in Canada whenever possible.
- Apply for a work permit after receiving first-stage H&C Application Processing Time approval.
- If facing removal, consult a lawyer immediately about filing a deferral request or judicial review.
- Keep your H&C application complete, updated, and well-documented with proof of hardship, establishment, and best interests of any children.

Final Word: Stay Prepared, Not Just Hopeful

Yes, you can remain in Canada while your H&C Application Processing Time is being processed, but only under certain legal conditions. Submitting an H&C application alone does not grant you the right to work, study, or stop deportation.

Your best approach is to maintain valid status, understand your rights under removal orders, and strengthen your application with strong supporting documents.

At Can X Global, we specialize in guiding applicants through complex H&C cases. If you are unsure about your legal status or need support preparing a strong application, our licensed professionals can help you build the right strategy. Contact us today to protect your stay in Canada and improve your chances of success with your H&C H&C Application Processing Time.

For skilled trades workers, increasing your Comprehensive Ranking System (CRS) score can feel impossible without a provincial nomination or a Canadian job offer. Many applicants ask the same critical question:

How can I get 50 CRS points in Express Entry legally and without employer sponsorship?

One of the most powerful — and least understood — answers is a Certificate of Qualification in Canada.

Under the Federal Skilled Trades Program (FSTP), a properly issued and valid Certificate of Qualification (CoQ) can both make you eligible for Express Entry and provide up to 50 CRS points under the skill transferability factors. However, these points are awarded only when very specific conditions are met.

This guide explains what a Certificate of Qualification is, how to obtain it, and exactly how IRCC determines whether you receive the 50 CRS points.

What Is a certificate of qualification 50 points in Canada

A Certificate of Qualification is an official credential issued by a Canadian provincial, territorial, or federal authority that confirms you are fully qualified to practise a skilled trade in Canada.

It is not a training certificate or proof of education. Instead, it is a legal authorization to work independently in a regulated trade.

A valid Certificate of Qualification confirms that you:

Successfully passed the mandatory trade certification exam
Met all statutory and regulatory requirements for that trade
Had your education, work experience, and trade skills formally assessed
Are recognized by Canadian law as a journeyperson or equivalent

Because skilled trades are regulated, only authorized government bodies can issue this certificate.

Why a Certificate of Qualification Is Crucial for Express Entry (Skilled Trades)

Under IRCC rules, applicants under the Federal Skilled Trades Program must meet a threshold eligibility requirement before CRS points are even considered.

To be eligible, you must have one of the following:

A valid full-time job offer for at least one year from a Canadian employer, or
A Certificate of Qualification issued by a Canadian authority

This means the Certificate of Qualification can replace the job offer requirement entirely.

Why This Is a Major Advantage

If you hold a Certificate of Qualification:

You can qualify for Express Entry without employer sponsorship
You can apply from outside Canada
You are not tied to a specific employer
You gain access to CRS points that many trades workers cannot claim

For this reason, many tradespeople actively search for how to get 50 CRS points in Express Entry through trade certification.

How the Certificate of Qualification Assessment Process Works

There is no single national certification process in Canada.

Each province and territory regulates its own trades, which means each has its own:

Certification requirements
Assessment standards
Trade exams
Application procedures

You must apply to the trade authority in the province or territory where you plan to live and work.

What the Assessment May Involve

Depending on your trade and location, the authority may require:

A detailed review of your foreign education and apprenticeship
Proof of paid work experience in the trade
Technical interviews or skills assessments
Additional gap training or local experience
Travel to Canada to sit the certification exam

Only after successfully passing the final exam can the Certificate of Qualification be issued.

Who Is Authorized to Issue a Certificate of Qualification?

IRCC only accepts Certificates of Qualification issued by competent Canadian authorities, meaning organizations that are legally authorized by law to regulate trades.

These include:

Provincial or territorial skilled trades authorities
Statutory safety or technical regulators
Federal regulators (for federally regulated trades such as aircraft maintenance)

You must apply through the trade authority where you plan to live and work, such as:

Each authority assesses your education, trade experience, and skills to decide whether you are eligible to write the certification exam. Passing the exam leads to the certificate.

What Is NOT Accepted

IRCC does not recognize certificates issued by:

Trade associations
Private training companies
Manufacturers or suppliers
Industry groups or unions

Even if these organizations required exams or training, they do not have legal authority, and CRS points will be refused.

Language Requirement to Get 50 CRS Points

A Certificate of Qualification does not automatically give CRS points.

To receive any points, you must meet the minimum language threshold:

CLB 5 in reading, writing, listening, and speaking

If you meet CLB 5:

You may receive up to 50 CRS points

If you do not:

You may still be eligible for Express Entry
But your Certificate of Qualification will provide 0 CRS points

This is one of the most common misunderstandings in skilled trades applications.

Step-by-Step: How IRCC Awards 50 CRS Points for a Certificate of Qualification

IRCC applies a strict, sequential assessment. Failing any single step removes the points.

Step 1: Verify the Issuing Authority

IRCC first confirms that your certificate was issued by a legally authorized Canadian body.

The issuing organization must be empowered by federal, provincial, or territorial legislation to regulate the trade.

If the issuer lacks legal authority, CRS points are automatically refused, regardless of your experience or exam results.

Step 2: Confirm It Is a Final Trade Qualification

IRCC then evaluates what the certificate actually proves.

The document must confirm that you are fully qualified to practise the trade independently in Canada.

Accepted documents include:

Certificate of Qualification
Journeyperson Certificate
Red Seal–endorsed certificate
Federally issued licence for regulated trades

Not accepted:

Apprenticeship or trainee certificates
Operator-in-training licences
Trade school diplomas or degrees
Manufacturer or supplier certificates

These documents show training, not legal qualification.

Step 3: Confirm the Trade Is Eligible

Only certain trades qualify for CRS points under the Certificate of Qualification category.

IRCC checks whether your occupation appears on the eligible NOC list.

Important clarifications:

Being on the list does not guarantee points
You do not need work experience in that NOC
The certificate alone is assessed for this factor

Step 4: Check Certificate Validity Dates

Your Certificate of Qualification must be valid on two key dates:

The date you receive your Invitation to Apply (ITA)
The date IRCC receives your permanent residence application

If the certificate is expired or suspended on either date, the 50 CRS points are removed.

Step 5: CRS Recalculation and A11.2 Refusal Risk

If IRCC removes the CRS points and your revised score falls below the invitation cutoff, your application may be refused under section A11.2 of the Immigration and Refugee Protection Act.

This refusal occurs even if all other documents are correct.

What a Certificate of Qualification Does NOT Do

Despite its importance, a Certificate of Qualification:

Does not provide 600 CRS points
Is not a provincial nomination
Does not automatically provide arranged employment points
Does not waive language testing

Understanding these limitations is critical to avoiding misrepresentation.

What If Your Trade Is Not Certified by a Province or Territory?

If the province or territory where you plan to live does not issue Certificates of Qualification for your trade, you must have a valid job offer to qualify under the Federal Skilled Trades Program.

In this case:

The job offer replaces the certificate for eligibility
CRS points are assessed differently

Federally Regulated Trades and Express Entry CRS Points

Some trades are regulated at the federal level, such as aircraft maintenance engineers.

For these trades:

Certification is handled by a federal authority
The licence may still be used to claim up to 50 CRS points, provided all other conditions are met

List of Occupations Eligible for 50 CRS Points (Certificate of Qualification)

Not all skilled trades qualify for CRS points under the Certificate of Qualification category. IRCC awards up to 50 CRS points only if your trade appears on the official eligible NOC list tied to the Federal Skilled Trades Program.

5-Digit NOC Code	NOC Title
22114	Landscape and horticulture technicians and specialists
22212	Drafting technologists and technicians
22311	Electronic service technicians (household and business equipment)
22312	Industrial instrument technicians and mechanics
62200	Chefs
63200	Cooks
63201	Butchers – retail and wholesale
63202	Bakers
63210	Hairstylists and barbers
72010	Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations
72011	Contractors and supervisors, electrical trades and telecommunications occupations
72012	Contractors and supervisors, pipefitting trades
72013	Contractors and supervisors, carpentry trades
72014	Contractors and supervisors, other construction trades, installers, repairers and servicers
72020	Contractors and supervisors, mechanic trades
72021	Contractors and supervisors, heavy equipment operator crews
72022	Supervisors, printing and related occupations
72023	Supervisors, railway transport operations
72024	Supervisors, motor transport and other ground transit operators
72025	Supervisors, mail and message distribution occupations
72100	Machinists and machining and tooling inspectors
72101	Tool and die makers
72102	Sheet metal workers
72103	Boilermakers
72104	Structural metal and platework fabricators and fitters
72105	Ironworkers
72106	Welders and related machine operators
72200	Electricians (except industrial and power system)
72201	Industrial electricians
72202	Power system electricians
72203	Electrical power line and cable workers
72204	Telecommunications line and cable installers and repairers
72205	Telecommunications equipment installation and cable television service technicians
72300	Plumbers
72301	Steamfitters, pipefitters and sprinkler system installers
72302	Gas fitters
72310	Carpenters
72311	Cabinetmakers
72320	Bricklayers
72321	Insulators
72400	Construction millwrights and industrial mechanics
72401	Heavy-duty equipment mechanics
72402	Heating, refrigeration and air conditioning mechanics
72403	Railway carmen/women
72404	Aircraft mechanics and aircraft inspectors
72405	Machine fitters
72406	Elevator constructors and mechanics
72410	Automotive service technicians, truck and bus mechanics and mechanical repairers
72411	Auto body collision, refinishing and glass technicians and damage repair estimators
72420	Oil and solid fuel heating mechanics
72421	Appliance servicers and repairers
72422	Electrical mechanics
72423	Motorcycle, all-terrain vehicle and other related mechanics
72429	Other small engine and small equipment repairers
72500	Crane operators
72501	Water well drillers
72999	Other technical trades and related occupations
73100	Concrete finishers
73101	Tilesetters
73102	Plasterers, drywall installers and finishers and lathers
73110	Roofers and shinglers
73111	Glaziers
73112	Painters and decorators (except interior decorators)
73113	Floor covering installers
73200	Residential and commercial installers and servicers
73201	General building maintenance workers and building superintendents
73202	Pest controllers and fumigators
73209	Other repairers and servicers
73310	Railway and yard locomotive engineers
73311	Railway conductors and brakemen/women
73400	Heavy equipment operators
73401	Printing press operators
73402	Drillers and blasters – surface mining, quarrying and construction
82010	Supervisors, logging and forestry
82020	Supervisors, mining and quarrying
82021	Contractors and supervisors, oil and gas drilling and services
82030	Agricultural service contractors and farm supervisors
82031	Contractors and supervisors, landscaping, grounds maintenance and horticulture services
83100	Underground production and development miners
83101	Oil and gas well drillers, servicers, testers and related workers
83110	Logging machinery operators
83120	Fishing masters and officers
83121	Fishermen/women
92010	Supervisors, mineral and metal processing
92011	Supervisors, petroleum, gas and chemical processing and utilities
92012	Supervisors, food and beverage processing
92013	Supervisors, plastic and rubber products manufacturing
92014	Supervisors, forest products processing
92015	Supervisors, textile, fabric, fur and leather products processing and manufacturing
92020	Supervisors, motor vehicle assembling
92021	Supervisors, electronics and electrical products manufacturing
92022	Supervisors, furniture and fixtures manufacturing
92023	Supervisors, other mechanical and metal products manufacturing
92024	Supervisors, other products manufacturing and assembly
92100	Power engineers and power systems operators
92101	Water and waste treatment plant operators
93100	Central control and process operators, mineral and metal processing
93101	Central control and process operators, petroleum, gas and chemical processing
93102	Pulping, papermaking and coating control operators

Note: Some occupations may be eligible for CRS skill transferability points for a Certificate of Qualification even though they do not qualify for eligibility under the Federal Skilled Trades Program (FST). Eligibility for CRS points and eligibility for the FST program are assessed separately.

Final Conclusion: Is a Certificate of Qualification Worth It?

For skilled trades workers, a Certificate of Qualification is one of the strongest and most reliable ways to increase Express Entry competitiveness.

When used correctly, it allows you to:

Meet Express Entry eligibility without a job offer
Earn up to 50 CRS points legally
Reduce dependence on employers or provincial nominations

If you are searching for how to get 50 CRS points in Express Entry, understanding — and correctly claiming — a Certificate of Qualification can be the decisive factor between receiving an ITA or facing refusal.

How Can X Global Helps

This moment requires clarity — not panic.

Can X Global has been helping people succeed in Canada for more than a decade, navigating major policy resets, program closures, sudden eligibility changes, and complex transitions like the one many skilled workers are facing today.

We help you:

Assess realistic permanent residence pathways
Determine whether a Certificate of Qualification can improve eligibility or CRS score
Plan status extensions or restorations
Avoid undocumented or out-of-status outcomes
Make informed, strategic decisions — even if leaving Canada is the right option

Our approach is honest, compliant, and human, because immigration decisions affect real lives, not just files.

If your work permit or status is expiring in 2026, don’t wait until options disappear. Early planning creates choices; delay removes them.

Connect with Can X Global to get a clear, lawful plan before pathways close.

Helping people succeed in Canada for more than a decade.

Get a Consultation I Trusted by Clients from 30+ Countries

Subscribe to Our Blog

Ready to Start Your Canadian Work Journey?

Want to know more about the easiest jobs for Express Entry or need help with your application? Contact us at Can X Global today!

Get a Consultation I Trusted by Clients from 30+ Countries

[astra_custom_layout id=17355]