H&C Humanitarian Ground with/or Without Failed refugee claim

[Kate_20]

That is such a small fraction of cases the majority of IRCC workers do their jobs and process their files. Applications fee you pay cover a small fraction of the actual processing costs for an H&C application. Taxpayers subsidize all IRCC applications.

I am sorry but I disagree with you. Officers do very poor job especially when they review the H&C applications. Most of the refusal reasons I have seen are the copy pasted from one file to another. They lack judgment and analysis. Few quotes from Federal judges to senior immigration officers:

[31] In my view, the Officer’s decision lacks the requisite degree of justification, intelligibility and transparency, and is therefore unreasonable (Vavilov at para 100). A bulk of the Officer’s reasons are simply a regurgitation of the Applicants’ evidence, followed by a brief conclusion on the weight to be given to the evidence in the overall assessment.

"The reasoning amounts to little more than a robotic assessment of a checklist of factors (Salde v Canada (Citizenship and Immigration), 2019 FC 386 at para 23)."

 

[Kate_20]

The Ukranian program allows you to get a WP not PR. The only program that is allowing people to bring in extended family for PR is the recently announced 11k for family members from Haiti, Venezuela and Nicaragua (think I got the countries right). Blame people applying for H&C for their parents when there is a process for your parents to visit or immigrate which are supervisa and PGP. Parent sponsorship is not guaranteed and given the healthcare crisis it’s amazing you can sponsor any parent or grandparent. Yes most will likely be denied and it will cost the government a fortune to process the H&C claims and the wait times for H&C will increase dramatically so people will end up waiting 3 years for their H&C probably.

Ukrainian refugees can now sponsor their family members including parents, grandparents, children, spouses, siblings and half siblings since Oct 2023.

"IRCC is now launching a new permanent residence pathway to help keep families together and allow Ukrainian nationals to build their lives in Canada with the support of their family. The pathway is now open and people have one year, until October 22, 2024, to submit an application. "

You can apply to immigrate under this policy if you meet the following conditions.

You must :

be a Ukrainian national
be a family member of a Canadian citizen or permanent resident including their:
spouse or common-law partner
child (regardless of age)
grandchild
parent
grandparent, or
sibling (or half-sibling)

 

[Thuvakarsn]

Yes. Nov 10 2023. Officer send medical extension request to Ottawa health emigration approval. And Incase Ottawa not approve for extension then officer will send me medical request and Incase Ottawa approvals extension then save time

 

[canuck78]

Can anyone explain why processing time takes 20 months? I mean, people build 50-storey buildings in 20 months. If anyone really knows the reason for this situation, can they write it down? Thanks.

H&C is a small department meant for exceptional cases but due to delays in the asylum process, H&C become more well known and many people feeling that their situation is exception when it isn’t (for example people wanting to sponsor their parents but don’t want to wait to get selected or use the supervisa program and feel like their situation is somehow different than the other people hoping to sponsor their parents). The asylum systems is so backlogged and we have had an increase number people claiming asylum in Canada so many asylum claimants spend 5+ years in the system even if being denying at each step but after 5 years they can apply for H&C because they have likely created a lot of ties to Canada. It is also very difficult to deport people from Canada so many have applied for H&C numerous times. If denied H&C may apply again. Recently there was a case who had applied 5 times. In general it is supply and demand so more cases means longer wait times and there is more investigation that goes into determining whether a case warrants H&C. If there are any medical irregularities those have to be investigated and the IRCC medical team needs to review the case and ask for additional test or information many times. Unless denied in the first 6 months the majority of cases go relatively untouched for at least the first year. With good building standards you can’t build a 50 story building in 20 months. There is also likely years that go into building a 50 story building before the start of construction.

 

[Kate_20]

H&C is a small department meant for exceptional cases but due to delays in the asylum process, H&C become more well known and many people feeling that their situation is exception when it isn’t (for example people wanting to sponsor their parents but don’t want to wait to get selected or use the supervisa program and feel like their situation is somehow different than the other people hoping to sponsor their parents). The asylum systems is so backlogged and we have had an increase number people claiming asylum in Canada so many asylum claimants spend 5+ years in the system even if being denying at each step but after 5 years they can apply for H&C because they have likely created a lot of ties to Canada. It is also very difficult to deport people from Canada so many have applied for H&C numerous times. If denied H&C may apply again. Recently there was a case who had applied 5 times. In general it is supply and demand so more cases means longer wait times and there is more investigation that goes into determining whether a case warrants H&C. If there are any medical irregularities those have to be investigated and the IRCC medical team needs to review the case and ask for additional test or information many times. Unless denied in the first 6 months the majority of cases go relatively untouched for at least the first year. With good building standards you can’t build a 50 story building in 20 months. There is also likely years that go into building a 50 story building before the start of construction.

Families applying for H&C have valid reasons. Especially if parents already used 10 year Super visa and they are maxed out and tried multiple extensions... and have special circumstances while PGP program is NOT available. You cannot tell them to apply for something that is NOT available. As such, they can use alternative program H&C...if they have strong case and special circumstances.

Federal Judge to Senior Immigration Officer and IRCC.

[16] The Officer’s only suggested alternative to permanent residence is through the parent sponsorship program. This is currently not available to applicant or her family and it is unclear whether it will be or when. The other suggestion that she can continue to apply for extensions of her visitor visa record is not a substitute for permanent residence. The nature of temporary status is insecure; the outcome of an application is certainly not in the Officer’s control or applicant’s control. In these circumstances, the Officer’s heavy reliance on alternatives that are currently not available to her or temporary in nature was unreasonable (See Polinovskaia v Canada (Citizenship and Immigration), 2022 FC 696 at paras 28 and 29); Akinkugbe v Canada (Citizenship and Immigration), 2022 FC 819 at paras 12-15; Antoun v Canada (Citizenship and Immigration), 2022 FC 612 at para 13; Bernabe v Canada (Citizenship and Immigration), 2022 FC 295 at paras 4 and 33 (citing Rocha v Canada (Citizenship and Immigration), 2022 FC 84 at para 31); Greene v Canada (Citizenship and Immigration), 2014 FC 18 at paras 9-10).

 

[canuck78]

Ukrainian refugees can now sponsor their family members including parents, grandparents, children, spouses, siblings and half siblings since Oct 2023.

"IRCC is now launching a new permanent residence pathway to help keep families together and allow Ukrainian nationals to build their lives in Canada with the support of their family. The pathway is now open and people have one year, until October 22, 2024, to submit an application. "

You can apply to immigrate under this policy if you meet the following conditions.

You must :

be a Ukrainian national
be a family member of a Canadian citizen or permanent resident including their:
spouse or common-law partner
child (regardless of age)
grandchild
parent
grandparent, or
sibling (or half-sibling)

I hadn’t realized the program had opened given that all the people applying would have likely been granted protected person status if they had claimed asylum this just prevents more stress on the asylum system and costs the Canadian taxpayers significantly less. Asylum claimants who come from countries experiencing war are almost all granted protected person status and then get PR. They even get expedited processing and many are being approved without a hearing. The majority of Ukranians coming to Canada are young people and thanks to a large diaspora in Canada and many who also knew English or French plus high education levels a large percentage are now working. You seem to have moved from Turkey. People affected by the earthquake were also able to get a WP so Canada responds based on the situation. The earthquake did not affect the whole country and homes can be rebuilt so it would not make sense to offer the same program as offered to the Ukranians. If war continues in Sudan for at least another year then family members from Sudan who were granted WPs, like the Ukranians, will likely qualify for a similar program. If a program doesn’t exist they will just apply for asylum adding to the asylum claim backlog and processing an asylum application will cost then Canadian taxpayers significantly more for the same result.

 

[FNU]

H&C is a small department meant for exceptional cases but due to delays in the asylum process, H&C become more well known and many people feeling that their situation is exception when it isn’t (for example people wanting to sponsor their parents but don’t want to wait to get selected or use the supervisa program and feel like their situation is somehow different than the other people hoping to sponsor their parents). The asylum systems is so backlogged and we have had an increase number people claiming asylum in Canada so many asylum claimants spend 5+ years in the system even if being denying at each step but after 5 years they can apply for H&C because they have likely created a lot of ties to Canada. It is also very difficult to deport people from Canada so many have applied for H&C numerous times. If denied H&C may apply again. Recently there was a case who had applied 5 times. In general it is supply and demand so more cases means longer wait times and there is more investigation that goes into determining whether a case warrants H&C. If there are any medical irregularities those have to be investigated and the IRCC medical team needs to review the case and ask for additional test or information many times. Unless denied in the first 6 months the majority of cases go relatively untouched for at least the first year. With good building standards you can’t build a 50 story building in 20 months. There is also likely years that go into building a 50 story building before the start of construction.

I understand your point very well, but it still doesn't explain why the processing time is 20 months. I understand that every case is unique, but %90 more less same. If H&C was something that was just starting out and was receiving applications for these cases for the first time, maybe what you said would be true. Thanks for the explanation.

 

[canuck78]

Families applying for H&C have valid reasons. Especially if parents already used 10 year Super visa and they are maxed out and tried multiple extensions... and have special circumstances while PGP program is NOT available. You cannot tell them to apply for something that is NOT available. As such, they can use alternative program H&C...if they have strong case and special circumstances.

Federal Judge to Senior Immigration Officer and IRCC.

[16] The Officer’s only suggested alternative to permanent residence is through the parent sponsorship program. This is currently not available to applicant or her family and it is unclear whether it will be or when. The other suggestion that she can continue to apply for extensions of her visitor visa record is not a substitute for permanent residence. The nature of temporary status is insecure; the outcome of an application is certainly not in the Officer’s control or applicant’s control. In these circumstances, the Officer’s heavy reliance on alternatives that are currently not available to her or temporary in nature was unreasonable (See Polinovskaia v Canada (Citizenship and Immigration), 2022 FC 696 at paras 28 and 29); Akinkugbe v Canada (Citizenship and Immigration), 2022 FC 819 at paras 12-15; Antoun v Canada (Citizenship and Immigration), 2022 FC 612 at para 13; Bernabe v Canada (Citizenship and Immigration), 2022 FC 295 at paras 4 and 33 (citing Rocha v Canada (Citizenship and Immigration), 2022 FC 84 at para 31); Greene v Canada (Citizenship and Immigration), 2014 FC 18 at paras 9-10).

Parent sponsorship is not gauranteed. Most people wanting to sponsor their parents have similar profiles. There are some exceptions but the H&C program is not supposed to circumvent the PGP and supervisa program because the quotas for PGP have been set based on how many more seniors that can be absorbed into Canada’s ageing population. If you asked anyone working in healthcare and most politicians they would tell you that we can’t absorb any extra seniors. There are equally judgements that say that H&C is not a replacement for PGP and that there is nothing guaranteeing that a grandparent needs to see their grandchildren everyday since harm to child is often one of the reasons stated in H&C applications.

 

[canuck78]

I understand your point very well, but it still doesn't explain why the processing time is 20 months. I understand that every case is unique, but %90 more less same. If H&C was something that was just starting out and was receiving applications for these cases for the first time, maybe what you said would be true. Thanks for the explanation.

Not sure why you think that 90% of cases are the same? They may have similarities like being asylum claimants that were denied but H&C applications are dependent on the specifics of each case. For example for asylum claimants who have been denied have they been working, do they volunteer, are they financially self-sufficient, do they have children, are any of the children Canadian, do they have any medical issues, etc.? Then you must look into the situation in their home country if medical needs will be met, will the children have access to schooling, whether there will be other hardships mentioned in the application, etc. Then you have to go through the application and any extra documents submitted and do follow-up. Then of course there are both medical and background checks.

 

[Kate_20]

Parent sponsorship is not gauranteed. Most people wanting to sponsor their parents have similar profiles. There are some exceptions but the H&C program is not supposed to circumvent the PGP and supervisa program because the quotas for PGP have been set based on how many more seniors that can be absorbed into Canada’s ageing population. If you asked anyone working in healthcare and most politicians they would tell you that we can’t absorb any extra seniors. There are equally judgements that say that H&C is not a replacement for PGP and that there is nothing guaranteeing that a grandparent needs to see their grandchildren everyday since harm to child is often one of the reasons stated in H&C applications.

Federal judge and court knows whats right and wrong and whats legal.... so... it's obvious based on court filings that H&C applications are adjudicated unfairly..... thats all. Im not here to argue with you. Im here to seek help. Thanks for your messages and opinions.

 

[karnan1969]

Hi everyone I have a question I receive my ecopr today how long will it take to receive my PR CaRd

 

[fagsey]

Federal judge and court knows whats right and wrong and whats legal.... so... it's obvious based on court filings that H&C applications are adjudicated unfairly..... thats all. Im not here to argue with you. Im here to seek help. Thanks for your messages and opinions.

@Kate_20 i second this, i also notice of late that officers are not fair with their judgement of H$C applications. Not even sure they have any criteria anymore they just do what they feel like and leave people to suffer for their poor judgement. I hope they do something about it because in the end Canada keep loosing valuable people day by day to this.

 

[Simar@23]

Hi I have applied for H&c application on November 2022
Got AOR in Feb 2023 but since then no update till now. Any leads on this please.
My case is based on hardship. I am 24 years old my passed spouse away at the age of 25 on July 2022. I am in canada from last 6 years.

 

[fagsey]

Hi I have applied for H&c application on November 2022
Got AOR in Feb 2023 but since then no update till now. Can you please tell me any leads.

@Simar@23 this has been the order of the day now, some people on this forum have been waiting since 2021 without any update, mine was february 2022 and still waiting i guess you can give them a call to ask about your file but doesnt do much so we just have to keep waiting, or better still maybe @canuck 78 can give more details or suggest a better option since he knows a lot about processing time

 

[Simar@23]

@Simar@23 this has been the order of the day now, some people on this forum have been waiting since 2021 without any update, mine was february 2022 and still waiting i guess you can give them a call to ask about your file but doesnt do much so we just have to keep waiting, or better still maybe @canuck 78 can give more details or suggest a better option since he knows a lot about processing time

Thanks for replying. I have told my Consultant to put an inquiry about my file. But she said it depends on the officer whether to reply or not about the inquiry.
My case is based on hardship. I am 24 years old my passed spouse away at the age of 25 on July 2022. I am in canada from last 6 years.