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

[Copingwithlife]

The lottery was actually brought in because people petitioned to have a lottery and felt that it was the best system and the system is no longer a true lottery. There was one year where is was a FIFO system and immediate after those wanting to sponsor their parents petitioned to bring back the lottery. The current system prioritizes those who have qualified the longest although there does seem to be a few ways that people can exploit the system (applying before you qualify in the hopes that when you are selected you do qualify) which will hopefully be closed. Sadly if IRCC doesn’t verify incomes when the EOI is opened up again everyone is going to apply no matter whether or not they qualify. Canada can not afford and does not have the infrastructure to allow everyone to sponsor their parents and grandparents. Canada has an ageing population which is one of the reasons Canada has a high immigration and a points based system that favours younger immigrants. It is very difficult to immigrate after age 40 unless you are a spouse or a refugee. In terms of government sponsored refugees Canada still favours younger applicants. Canada is never going to have a policy where everyone can sponsor their parents and grandparents. it Is not feasible for a variety of reason and will add to our ageing population. Would add that many run into problems when sponsoring their parents and realize they can’t actually afford to support them. Here is an excellent example. This family will need to find around 2k per month for the most basic of typically shared rooms.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/parents-sponsorship-elderly-care-expense.830298/

“ I agree that Canada should be more open with the fact that parent sponsorship is not guaranteed and you should not move to Canada if you would be happy without living with your parents and grandparents”

Canuck it’s called simple research . If people can do the research on how to move to Canada , they can do the research on if they can bring their parents . And if they can’t , then dont immigrate . But knock off the bloody tantrums. I can just see some here clutching their pearls as they hit the exclamation key , again , and again , and again .
It’s miracle they still have a ! key .

Parents are treated like an after thought, and it’s Canada fault when they can’t all of a sudden bring them here to take advantage of a social safety net they’ve never contributed one cent to. And we’re all supposed to feel guilty about it as the system crumbles in front of us , and people are dying in ER rooms , or dying to see a specialist.
If your parents are so precious then leave. Planes go both ways . The way some go on wailing about them on here you’d think they are trying to sponsor Mary & Joseph, or the Mother Teresa herself .
And hate to break the news is that the majority of Canadians think the PGP should be cancelled outright. There’s no place for it , and more importantly we can’t bloody afford it

It’s like a version of the movie Home Alone.

 

[Simba112]

“ I agree that Canada should be more open with the fact that parent sponsorship is not guaranteed and you should not move to Canada if you would be happy without living with your parents and grandparents”

Canuck it’s called simple research . If people can do the research on how to move to Canada , they can do the research on if they can bring their parents . And if they can’t , then dont immigrate . But knock off the bloody tantrums. I can just see some here clutching their pearls as they hit the exclamation key , and again , and again .

Parents are treated like an after thought, and it’s Canada fault when they can’t all of a sudden bring them here to take advantage of a social safety net they’ve never contributed one cent to. And we’re all supposed to feel guilty about it .


It’s like a version of the movie Home Alone.

This Program should be scrapped entirely. Matter fact they cant even manage it properly...

 

[S H S]

You can certainly attempt to apply for a work permit on the grounds that you need to support your family (would highlight Canadian children) while waiting for the outcome of your H&C application and you would like to register your child for public school and assume you have proof that you can not afford to get a study permit and pay out of pocket. Would provide proof that you have started a business in Canada but due to your statuses you and your spouse are unable to work at the business. Trying to secure a WP shouldn’t hurt your case although I am not an immigration lawyer so I would verify with your immigration lawyer. Was starting a business a suggestion from your lawyer? This is a common loophole to be able to earn money without a SIN# and show establishment in Canada while also showing that you are contributing economically to Canada. Your chances of obtaining PR via H&C are good given your high level of education although it sounds like your PhD will be from your home country university not a Canadian university, business in Canada (Already providing employment to Canadians),1 Canadian children, being financially self-sufficient, proof of human rights violations in your home country (hard to comment without knowing the country but if you could provide proof of why you would be personally persecuted like being part of a minority group for example), etc. It is the whole picture that makes your application string because we have seen others who have a Canadian business, for example, still being denied. Many set-up businesses as a method to try and secure H&C so that is one of the reasons why having a business in Canada does not guarantee H&C. The only big issue is the fact that your home government sponsored your education in Canada with the expectation that you would return home. Many countries have these relationships with Canada and Canadian universities and students not returning home sours these relationships and programs and angers the home country who typically expect Canada to enforce the fact that students have agreed to return home as a condition of the study abroad. I assume you may have signed a contract agreeing to return in exchange for supporting your studies abroad. There have been other students who have managed to stay in Canada in similar situations. Staying in Canada can anger your home country so if you do come from a country with questionable human rights I would be cautious if you want to return home for a visit. Sadly some families members may also be pressured from your home country government when it becomes apparent that you will not return home. If that is the case that would help your H&C application or create the potential for an asylum application.

In terms of your MP there is little they can actually do. Your application seems to be being processed in a normal time frame so your MP will likely be told that you need to be patient. You also should check with your local school board and see if they are a sanctuary school board. There are certain school boards that register children for public school irregardless of their immigration status.

Thank you for the comprehensive guidance you provided. In the research program, I held a visiting professor position, and there was no governmental agreement obligating my return. I also submitted evidence highlighting our status as special minorities facing human rights violations. Notably, the absence of diplomatic relations between my country and the government of Canada adds complexity to the situation.

Regarding the work permit application, should I submit it by mail and detail my circumstances? Is there a possibility to be referred to the same officer? Or I have to apply via webform attach my work permit application to the same process?

I'm curious about the timeline for work permit approval compared to the first stage decision, as it has been approximately 2 to 3 months since the criminality is passed. Is the work permit application likely to yield results more quickly, or is there a potential 6-month wait with no immediate benefits?

The forum discussions have been silent for about two months for new approval cases. I wonder if the approval capacity for 2023 has been exhausted, and there's a plan to defer remaining cases to the next year. Is it plausible that more information about approved cases will emerge starting January, based on your experience in previous years?

 

[Rashpal094]

Hello guys,
Happy new year !
I got my PR card in mail.
Finally it’s done.

Thanks everyone!

 

[Mandy08]

Hello guys,
Happy new year !
I got my PR card in mail.
Finally it’s done.

Thanks everyone!

Congratulations

 

[Kuchbhi]

Kuchbhi this message was not meant for you it was meant for canuck. And please Do NOt blame yourself for not playing lottery.. we should not have this idiotic lottery system to win parents at all… this is the most inhumane system one can have in civilized world… and as Canadian Tax payers and citizens we should completely get rid of this lottery system and demand our government to allow family reunification if we qualify as a Sponsor!

Hi @Kate_20 @canuck78

I appreciate your responses. I am emotionally with you that my tax dollars should rather benefit my family than family reunification of refugees elsewhere. However, I really don't have a say in public policy barring election or standing in one with my own manifesto. Sure lottery is not a great system, few years ago it was a FIFO which was scrapped as people complained that the slots were filled under 10 mins. The online FIFO was disadvantageous to people having disability or who aren't well versed with using a computer.
Anyways, as strongly as we feel one way or another about public policy my question was specific to my case. What can I do to make her H&C case stronger?

Here are the facts.
My parents had SuperVisa.
I make $200,000 a year. Pay $60,000 in tax/year. My household (me, wife and sister) contributes over $100,000 / year in tax alone.
my mother is here on SuperVisa - expiring in Apr 2024 along with her old Indian passport.
She got her new Passport valid for 2 years. We have applied for her visiting record. We don't ever want her to be out of status anywhere
My kids are 4 and 1.5. Both born in Canada.
I paid $70,000 out of pocket for my dad's treatment. I had given an undertaking to IRCC during their supervise , and to hospital that I'll be financially responsible for them. So i continued paying the hospital bills that I received even after my dad passed away.

In the end,
I chose to come to Canada from US in 2018. I applied for PR in 2017 because family unification was important to me. Back then the PGP had a FIFO program. Currently, we are not even in a pool. and I chose not to wait. Average life expectancy is 80 years. my dad passed away at 70. my mom is 72. I don't want to spend her remaining years in separation from us.
I have option of moving back to US, but I'll move back to India with her. it's pretty clear in my mind.

Again, my question was to welcome any suggestion on how can I make her H&C stronger. I am aware of what ifs, chances etc.

 

[scylla]

Hi @Kate_20 @canuck78

I appreciate your responses. I am emotionally with you that my tax dollars should rather benefit my family than family reunification of refugees elsewhere. However, I really don't have a say in public policy barring election or standing in one with my own manifesto. Sure lottery is not a great system, few years ago it was a FIFO which was scrapped as people complained that the slots were filled under 10 mins. The online FIFO was disadvantageous to people having disability or who aren't well versed with using a computer.
Anyways, as strongly as we feel one way or another about public policy my question was specific to my case. What can I do to make her H&C case stronger?

Here are the facts.
My parents had SuperVisa.
I make $200,000 a year. Pay $60,000 in tax/year. My household (me, wife and sister) contributes over $100,000 / year in tax alone.
my mother is here on SuperVisa - expiring in Apr 2024 along with her old Indian passport.
She got her new Passport valid for 2 years. We have applied for her visiting record. We don't ever want her to be out of status anywhere
My kids are 4 and 1.5. Both born in Canada.
I paid $70,000 out of pocket for my dad's treatment. I had given an undertaking to IRCC during their supervise , and to hospital that I'll be financially responsible for them. So i continued paying the hospital bills that I received even after my dad passed away.

In the end,
I chose to come to Canada from US in 2018. I applied for PR in 2017 because family unification was important to me. Back then the PGP had a FIFO program. Currently, we are not even in a pool. and I chose not to wait. Average life expectancy is 80 years. my dad passed away at 70. my mom is 72. I don't want to spend her remaining years in separation from us.
I have option of moving back to US, but I'll move back to India with her. it's pretty clear in my mind.

Again, my question was to welcome any suggestion on how can I make her H&C stronger. I am aware of what ifs, chances etc.

IMO you have a strong case since all of your mother's children live here. However just be prepared for the possibility that she may have to fall out of status while she waits for a decision. Good luck.

 

[Bornlucky]

Hi - have you been through the manual?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing.html

You're mother is looking for "factors" for consideration to be presented as consistent with the Immigration department's
policies. These key factors are listed but aren't exhaustive as anything can be considered for an H&C application.

Remember always that is her application but a part of that would be intersections with you like your financial & emotional support. Pretty much everything requires some sort of evidence to establish it as fact.

It's an undergrad essay with plenty of bulleted points, footnotes of the supporting evidence and a narrative to sew it all together.

Best Interest of the Children (BIOC) is a headliner: Children at impressionable age receiving the limited time available with grandma who takes them to temple and instills the traditions of work, faith and family to another generation. Maybe a community leader (temple/politics/whatever you got) would support the value of this.

Bereavement/continuation of family support from illness through the following emotional fatigue.

Letters of support - crimping samosas for charity at the temple - I'm spit-balling here, so no offence is intended.

Write down the factors and start listing what you've got, and what you can get, and start fashioning a concise and orderly application like a 3rd year university project.

Time - it will likely take years to be decided. You can add material over time & any applicant should constantly add positive considerations right up until a decision is made. These application types have no priority in the vast inventory of undecided H&C applications.

Does you mother take the bus, integrating and communicating with other Canadians and adapting to this life-style of freely venturing out even as a senior lady? Language lessons?

My point here is that there's no leaf left un-turned in this project. I'd get letters of support from everywhere that she goes - the market, community events, neighbours and friends - bus drivers..,

Good luck and since you have resources, there are proven hot shot law firms out there who aren't cheap but are effective in the dark science of administrated compassion.

 

[canuck78]

Thank you for the comprehensive guidance you provided. In the research program, I held a visiting professor position, and there was no governmental agreement obligating my return. I also submitted evidence highlighting our status as special minorities facing human rights violations. Notably, the absence of diplomatic relations between my country and the government of Canada adds complexity to the situation.

Regarding the work permit application, should I submit it by mail and detail my circumstances? Is there a possibility to be referred to the same officer? Or I have to apply via webform attach my work permit application to the same process?

I'm curious about the timeline for work permit approval compared to the first stage decision, as it has been approximately 2 to 3 months since the criminality is passed. Is the work permit application likely to yield results more quickly, or is there a potential 6-month wait with no immediate benefits?

The forum discussions have been silent for about two months for new approval cases. I wonder if the approval capacity for 2023 has been exhausted, and there's a plan to defer remaining cases to the next year. Is it plausible that more information about approved cases will emerge starting January, based on your experience in previous years?

Would suggest looking up what office is dealing with your H&C file and forwarding any updates about your file to the appropriate office. It’s unclear how long processing for a WP may take but certainly worth a shot even if you are able to work for a few months before you get the results of AIP. If you get a positive AIP I believe that gives you access to a WP. The end of the year is always a quiet period due to the holidays. People posting only represent a very small fraction of actual applications. The system in general is very very overwhelmed and Mark Miller seems to be initiating tons of new programs and eliminating screening elsewhere so hard to tell what is truly going on.

 

[canuck78]

Hi @Kate_20 @canuck78

I appreciate your responses. I am emotionally with you that my tax dollars should rather benefit my family than family reunification of refugees elsewhere. However, I really don't have a say in public policy barring election or standing in one with my own manifesto. Sure lottery is not a great system, few years ago it was a FIFO which was scrapped as people complained that the slots were filled under 10 mins. The online FIFO was disadvantageous to people having disability or who aren't well versed with using a computer.
Anyways, as strongly as we feel one way or another about public policy my question was specific to my case. What can I do to make her H&C case stronger?

Here are the facts.
My parents had SuperVisa.
I make $200,000 a year. Pay $60,000 in tax/year. My household (me, wife and sister) contributes over $100,000 / year in tax alone.
my mother is here on SuperVisa - expiring in Apr 2024 along with her old Indian passport.
She got her new Passport valid for 2 years. We have applied for her visiting record. We don't ever want her to be out of status anywhere
My kids are 4 and 1.5. Both born in Canada.
I paid $70,000 out of pocket for my dad's treatment. I had given an undertaking to IRCC during their supervise , and to hospital that I'll be financially responsible for them. So i continued paying the hospital bills that I received even after my dad passed away.

In the end,
I chose to come to Canada from US in 2018. I applied for PR in 2017 because family unification was important to me. Back then the PGP had a FIFO program. Currently, we are not even in a pool. and I chose not to wait. Average life expectancy is 80 years. my dad passed away at 70. my mom is 72. I don't want to spend her remaining years in separation from us.
I have option of moving back to US, but I'll move back to India with her. it's pretty clear in my mind.

Again, my question was to welcome any suggestion on how can I make her H&C stronger. I am aware of what ifs, chances etc.

As you are aware paying 60k in taxes for 3 years doesn’t cover a significant amount of healthcare and taxes do not only cover healthcare. Unless you paid significantly more in taxes you couldn’t justify saying that you would be covering you and you wife’s lifetime healthcare needs and your children’s until they are working age as well as your mother’s. Hopefully you are healthy for life but sadly most encounter some form of medical issues especially as we agel In terms of H&C. Probably 50/50. Fifo was in place for one year so was never a guarantee that it would continue. There was strong opposition as soon as it took place. Assume you move to Canada was likely related to the long wait for citizenship for Indian citizens like many other Indian citizens who also move to Canada from the US on work permits. Given the huge demand for spots and healthcare system that can’t deal with current seniors and residents something has to be done about parents and grandparents sponsorship. People applying for H&C when they don’t get selected is not a viable option especially when people are applying for H&C for their parents soon after arrival. Sadly some will decide to leave but the current system doesn’t work either. I’ve attached an example of another case of a parent who did get denied and tried to appeal. There are similar examples when a parent did get approved. There is a lot of luck involved which also shouldn’t be the case. There should be consistent rulings. Just another issue with IRCC to address.

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/421303/index.do

 

[Thuvakarsn]

Any body received email from Niagara Falls office ? Regarding updated or pr portal ?

 

[Kuchbhi]

Hi - have you been through the manual?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing.html

You're mother is looking for "factors" for consideration to be presented as consistent with the Immigration department's
policies. These key factors are listed but aren't exhaustive as anything can be considered for an H&C application.

Remember always that is her application but a part of that would be intersections with you like your financial & emotional support. Pretty much everything requires some sort of evidence to establish it as fact.

It's an undergrad essay with plenty of bulleted points, footnotes of the supporting evidence and a narrative to sew it all together.

Best Interest of the Children (BIOC) is a headliner: Children at impressionable age receiving the limited time available with grandma who takes them to temple and instills the traditions of work, faith and family to another generation. Maybe a community leader (temple/politics/whatever you got) would support the value of this.

Bereavement/continuation of family support from illness through the following emotional fatigue.

Letters of support - crimping samosas for charity at the temple - I'm spit-balling here, so no offence is intended.

Write down the factors and start listing what you've got, and what you can get, and start fashioning a concise and orderly application like a 3rd year university project.

Time - it will likely take years to be decided. You can add material over time & any applicant should constantly add positive considerations right up until a decision is made. These application types have no priority in the vast inventory of undecided H&C applications.

Does you mother take the bus, integrating and communicating with other Canadians and adapting to this life-style of freely venturing out even as a senior lady? Language lessons?

My point here is that there's no leaf left un-turned in this project. I'd get letters of support from everywhere that she goes - the market, community events, neighbours and friends - bus drivers..,

Good luck and since you have resources, there are proven hot shot law firms out there who aren't cheap but are effective in the dark science of administrated compassion.

Yes, we have done all of it. Application was submitted in Aug 2023. Only point that we are working towards now is Bereavement.

 

[FNU]

Hello guys,
Happy new year !
I got my PR card in mail.
Finally it’s done.

Thanks everyone!

Congratulations!
Can you tell us what is your application number roughly?
For example between 78100 - 78300 etc.
Thanks in advance and congrats again.

 

[annamanjk]

As any1 here gone through a second appeal redetermination process here ? If so pls share how long it took IRB to redetermine your appeal
thanks.

 

[jayjay118]

Hi @jayjay118,

If you don't mind, may I ask how you obtained a work permit while waiting for 24 months? thank you.

I just applied to renew my existing work permit and it got approved.