For more legal information, visit the CLEO website and Your Legal Rights

Change font size:

Zoom

  • Increase
  • Decrease
  • Normal

Current Zoom: 100%

Can a refugee claimant who is not accepted make an H&C application?

An unsuccessful refugee claimant cannot make an H&C application until at least one year from the date their claim is finally:

  • refused,
  • abandoned, or
  • withdrawn after evidence was presented at the hearing.

This is often called the "one-year bar". Many claimants will be forced to leave Canada within that one-year period.

If the claimant is a "designated foreign national", the waiting period is at least five years from the date of the designation.



Last updated: Apr 13, 2016

submenu

All taxonomy terms:

All taxonomy terms: Letters

All taxonomy terms: Forms

All taxonomy terms: Fees

All taxonomy terms: Timelines

All taxonomy terms: Inadmissibility

All taxonomy terms: Proof of identity

All taxonomy terms: Applying for OHIP

All taxonomy terms: Special hearings