Are there any situations when the 'one-year bar' does not apply?
Yes. The one-year bar will not apply if removing the claimant from Canada:
- would not be in the best interests of a child directly affected, or
- would put the life of the claimant or one of their dependants at risk because they would not be able to get the health or medical care that they need in their country.
An applicant who believes the one-year bar should not apply to them for one of the above reasons should:
- get legal advice right away
- make their H&C application as soon as possible
If they wait too long, they could be forced to leave Canada before they apply.
Making an H&C application does not give them the right to remain in Canada until the application is decided. But if they have applied, they may be able to ask the Federal Court for an order allowing them to stay in Canada while they wait for a decision.