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

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 Does Not Give You Legal Status

Submitting an H&C 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 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 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 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 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 applications 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 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 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 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 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 application.