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

[Naim.]

Interesting. How long you have been reporting?

2 years

 

[ibrahim0175]

How ridiculous is that? and Feds want to tell me after these facts that we, Canadian citizens are all treated equally? No! Family reunification is simplified as much as possible for certain groups and for others it should be a dream (which never comes true). Discrimination of their own citizens based on
the country of origin

Did you try contacting amnesty international about this discriminatory practice of the Government?I heard sometimes they help to solve Governments discriminatory policy

And how this is fair:

https://www.cbc.ca/amp/1.5157683

How can they just offer 70 spot to the people who threatened them with lawsuits?

 

[ashkhullar]

**********URGENT *********
Hi everyone, my mother got refusal for her H & C application yesterday -applied in 2023 March and in the letter mentioned to leave canada immediately as she has no status at the moment . we are thinking if she goes back to India and renew her passport as it is also expiring on Jan 31st and then apply for super visa again so she can come back to Canada -is this right thinking ?Can anyone advise as per their experience

 

[YVR123]

**********URGENT *********
Hi everyone, my mother got refusal for her H & C application yesterday -applied in 2023 March and in the letter mentioned to leave canada immediately as she has no status at the moment . we are thinking if she goes back to India and renew her passport as it is also expiring on Jan 31st and then apply for super visa again so she can come back to Canada -is this right thinking ?Can anyone advise as per their experience

The chance of getting any visitor visa is lower since she claimed H&C and that shows she isn't visiting.

 

[ibrahim0175]

**********URGENT *********
Hi everyone, my mother got refusal for her H & C application yesterday -applied in 2023 March and in the letter mentioned to leave canada immediately as she has no status at the moment . we are thinking if she goes back to India and renew her passport as it is also expiring on Jan 31st and then apply for super visa again so she can come back to Canada -is this right thinking ?Can anyone advise as per their experience

Did you try applying for reconsideration?your chances of getting supervisa is extremely low since she already showed the intent to stay here permanently,so I would say apply for reconsideration,if that doesnt work,go for Judicial review,hopefully it will work out,consult with your lawyer before taking any steps.

 

[ashkhullar]

The chance of getting any visitor visa is lower since she claimed H&C and that shows she isn't visiting.

she has no active status as of now, what can we do, no visitor,no supervisa
?- if we apply for TRP then also her passport is expiring as of jan 31st and passport will not be renewed by that time and the chances of TRP are also very less

 

[ashkhullar]

Did you try applying for reconsideration?

on what grounds we can apply for reconsideration , immigration consultant said no active status is the main reason for rejection

 

[YVR123]

she has no active status as of now, what can we do, no visitor,no supervisa
?- if we apply for TRP then also her passport is expiring as of jan 31st and passport will not be renewed by that time and the chances of TRP are also very less

I don't have an answer for you.
Previous post mentioned reconsideration. And she will need a valid passport going forward for any visa process.

 

[ibrahim0175]

on what grounds we can apply for reconsideration , immigration consultant said no active status is the main reason for rejection

This claim is vogus,so many people lose their status while waiting for H and C decision,if your lawyer didnt recommend you to apply for reconsideration then I have serious doubt about his credibility,I would say go to a different lawyer who is specialized in handling H and C rejections,and reconsideration doesnt need any ground,so what the lawyers do is they gather the immigration officers rejection notes and try to present counterargument for each rejection points,if that fails,then they go to federal court for judicial review.

 

[Kate_20]

This claim is vogus,so many people lose their status while waiting for H and C decision,if your lawyer didnt recommend you to apply for reconsideration then I have serious doubt about his credibility,I would say go to a different lawyer who is specialized in handling H and C rejections,and reconsideration doesnt need any ground,so what the lawyers do is they gather the immigration officers rejection notes and try to present counterargument for each rejection points,if that fails,then they go to federal court for judicial review.

I would recommend straight JR, reconsiderations are very very difficult to win. If you had a strong case and HC factors you should go for JR. My parents’ first HC was refused after 7 months, I applied for reconsideration, they refused to open the case to review. I applied for 2nd HC and waiting already 20 months. This was a big mistake, I should have done JR.

Fact that your mom lost status and consultant said you cannot file for reconsideration is wrong. You can still apply but approval is very slim with reconsiderations.

you can apply for second HC after receiving refusal reasons and see if you can strengthen the case but you will need to wait for at least 2. yrs to hear back. IRCC is very slow these days. And I think officers are told not to give PR to parents though HC even if they have strong case.

Also make sure to immediately send email
and request refusal reasons from
officer, do not lose time.

was your mom on 10 yr super visa? did you try inland extensions? Restoration of status?

I understand lots of people on this forum and legal experts argue that approval of super visa after HC is slim but regulation does not specifically say parents on super visa cannot apply for lottery or HC. Lets say if parents are on super visa they can apply for pr through lottery right? They have right .. so you can argue same about HC since both lottery and HC are requesting same status.. if you decide to file super visa you should specifically explain to officer that your mom didn’t violate immigration law by requesting PR status through HC since parents CAN apply for PR while on super visas… PR is a PR you apply through lottery or HC. also lottery is not available past 5 years and it’s never a guarantee so that program is a total failure…simply to say IRCC shouldn’t punish parents of Canadian citizens just because they are applying for HC.. HC stands for Humanitarian so if someone applies for this program clearly they have issues or at leasts some factors so they shouldn’t punish or ban parents for super visas just because they applied for HC.

 

[Kate_20]

Did you try contacting amnesty international about this discriminatory practice of the Government?I heard sometimes they help to solve Governments discriminatory policy

And how this is fair:

https://www.cbc.ca/amp/1.5157683

How can they just offer 70 spot to the people who threatened them with lawsuits?

Thanks for sharing, I will take a look. I think we need to demand our rights as Canadian citizens… everyone should be treated equally when it comes to family reunification.. our government cannot discriminate people and grant family reunification to Canadians based on their country of origin or fed’s preference… how is it fair that my neighbour can have all his family here within 6 months while Im waiting for longer than a decade and now ircc is sending me a letter saying my mom needs to leave immediately as extension was not granted!

 

[ibrahim0175]

Thanks for sharing, I will take a look. I think we need to demand our rights as Canadian citizens… everyone should be treated equally when it comes to family reunification.. our government cannot discriminate people and grant family reunification to Canadians based on their country of origin or fed’s preference… how is it fair that my neighbour can have all his family here within 6 months while Im waiting for longer than a decade and now ircc is sending me a letter saying my mom needs to leave immediately as extension was not granted!

So sorry to hear that,I hope your mom finds a way to stay here with you,I am on your boat,for me my mom’s H and C application and extension request both in process,but probably they will reject her applications like how they are refusing H and C request and extension request for others parents,I am so frustrated,sometimes cant sleep at night by thinking that what I will do since my mom has no one to take care of her in her home country,
let me know if there is anything I can do to raise our voice against this discriminatory practice of Government.

 

[Scotian2012]

Applied H&C February -2023
Received AIP November- 4th ‘24
Submitted requested documents-Dec 4th ‘24
Medical request- January 3rd ‘25

Just posting for information purposes, will update when stage 2 is complete, by Gods grace.

 

[Aujla1313]

Hello , I’m helping one my friend to file his H & C application on online PR portal. We already made self explanatory/ supplementary submission letter .please guide me where we can upload this self explanatory submission , evidence/ proof & support letters from community ?? If you submitted H & C application on online PR portal. Thank you in advance!!

 

[NickNick22]

Applied H&C February -2023
Received AIP November- 4th ‘24
Submitted requested documents-Dec 4th ‘24
Medical request- January 3rd ‘25

Just posting for information purposes, will update when stage 2 is complete, by Gods grace.

Did you complete medical ever before.
Mine medical just passed 10 days after AIP