H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
For writ of mandamus you will have to have longer processing time 18 months is very unlikely to be seen as excessive delays.It should not have affect on decision. If this affects decision making of officer than this law loses its importance and then it means we are living in the most unjust and unlawful country which I think is not true. Yes, you need a good lawyer to file this request and I think lawyers charge unreasonable amount for this requestyet, I will file it for my application as soon as it hits 18 months of processing times. I WILL NOT tolerate them to sit on my application and do not do any work cause if I do the same at my job I will be fired next day. Plus we are the "customer/clients" since we are the ones paying application processing fees that are part of their salaries....
There is zero proof that his mother will be denied a second supervisa if they leave or extensions. If anything many parents have been given generous extension and second TRVs. H&C is not the only option and to argue that will be disproven.
Given that you applied for PPRA and likely asylum it is understandable why some would question why you would now be able to return to your home country and why your life is no longer at risk. Optics are not great. May also be a question by CBSA but legally you are entitled to visit your home country.
I personally know 4 people who’s parents super visas were refused after they’ve used 1st 10 years of Super Visa. Refusal notes said the same thing… Im not convinced that they will leave Canada at the end of their stay. So yes, HC is only program people can use to seek PR for parents as there are no other programs available at this time.
My mother's Visitor record has been approved till Nov 2025. So she will not be out of status post April 2024. I have engaged psychotherapist for grief counselling. I will submit a webform with a letter from them stating that my mother needs her family and cannot be alone back in India. I am also thinking of engaging a psychologist. I'll do whatever I can to strength our application but I am ready to pull the plug on Canada as well. Just hope for a faster processing.
Demand your right to have parent next to you! They cannot have "priviliged citizens" who get opportunity to care for their elderly parents and spend last few years with them... while others have to suffer and go through hell daily thinking of their parents being alone and without a care. This is most unfair system once can have. Pure discrimination!
Demand where? In front of whom?
local MPs are supposedly our contact to government. But Immigration is a federal matter. IRCC can easily dismiss my case stating there is nothing stopping my mother to go back, and apply for another super visa.
The reviewing officer can reject the 2nd super visa the moment they see a rejected H&C application, since the intent is now to stay in Canada.
Only option is to do a class action lawsuit against IRCC. They had parent reunification, that's the reason I came to Canada on PR in 2018. then PGP stopped (freeze) in 2020. IRCC is mandating us to buy insurance on SV thus making Insurance company rich, at the same time doesn't want to foot the bill for OHIP for our parents. It all boils down this.
Perhaps they should have a private - public healthcare like in UK. But anyways, I don't have the vision, funds, time or patience to be a torch bearer. I'll go back.
Hello family,
I have a question,
As anyone here knw of anyone who's refugee appeal was approved along size wirh H&C? A friend's appeal was approved and she also has 18month H&C application still in process , My question is will her H&C be later treated , rejected ,decided, discontinued or approved?
I have a question,
As anyone here knw of anyone who's refugee appeal was approved along size wirh H&C? A friend's appeal was approved and she also has 18month H&C application still in process , My question is will her H&C be later treated , rejected ,decided, discontinued or approved?
I TOTALLY Agree with you! I would love have class action lawsuit against IRCC and seek justice! I personally have been trying to sponsor parents almost a decade since 2015. Either "cap" was met or I was never selected in lottery, now lottery is officially closed. Im not saying Program is closed, Im saying lottery is closed which is even worse! And you know what hurts the most? Seeing on IRCC news how thet open PR pathways for people from certain countries to be reunited with their Canadian children. These Priviliged Canadians can bring their parents, grandparents, children, spouses, sibling and even HALF sibling witing 6 months on PR status to be reunited with them in Canada! How is that fair to me as a Canadian citizen trying to sponsor my parents for a decade and still NO HOPE! This is NOT RIGHT!
Hi dear,
Based on my knowledge you can't have both applications in progress. So in this case your friend will have to withdraw her h&C application given that her refugee claim was approved.
Hope my answer was helpful.
Im going to start a separate group on this forum to gather people in our situation to file a class action law suit against IRCC for depriving us right to reunite while giving other Citizens opportunities to bring the whole dynasties here within months! We’ve been waiting for years and even decades.
https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/11/immigration-pathway-for-colombian-haitian-and-venezuelan-nationals-with-family-in-canada.html.
https://www.cicnews.com/2023/10/ukrainians-in-canada-may-now-be-eligible-for-permanent-resident-status-1040444.html/amp
I can't believe how horrible the Canadian immigration system is! Canada prefers to welcome what are supposedly skilled workers when they have no potential to integrate into society (many don't speak the language properly even though they got an A++++++ in the language tests, many just want to get a powerful passport and not because they're looking for a new homeland, not to mention the disrespectful backward people with a very bad behaviors that Canada warmly welcomes... ) , it reduces the number of foreign students and their spouses while letting many ungrateful people who refuse to integrate, applyg for asylum, it offers social assistance and benefits while many people are looking to work legally (even foreginers in Canada) and can't figure out how... The government pretends to have a humanitarian and compassionate system when all it does is agree to deport people who are well integrated into Canadian society, while creating programs to welcome people from nowhere who are victims of wars and political problems caused by major world powers like the allies of Canada... In short, a lot of contradictions, bullshit and hypocrisy, nastiness and dishonesty.
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But don’t wait for federal decision, you can apply H&C just after RAD decision
Hi @wello711 well said … I'm fully agree with every single word you write. the fact that, this old and slow immigration system is work with:
- No criteria: same file for the same family could be accepted from officer and rejected by another …. One file could take 3 month and same file could take 13 month or more with different officers.
- No reference, only the officers own discretion, opinion, convenience and satisfaction. Also, no timing reference.
- No fairness: some officers can see your case and grounds is very strong, others can see it as little weight. This immigration system is only pressuring people who is following the CBSA instructions and always connecting. But others is free due to no proper information about them.
How can the word humanity be the name of a program for applying for the PR and the method of implementation is completely devoid of humanity... Is this system in contact with the families that were deported to their country to know the impact of the deportation on those families ?
those families who being integrated, influential and productive families? to the Canadian community.