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

[Naikash24]

Hi guys. I’m new to this thread. My husband submitted his application in December 2024. Myself & my kids are holding work permit & study permit until next March. Seeing all your threads, I assume it would take atleast 22+ months to receive update.
My question here is how do we need to proceed if we don’t receive the stage 1 approval by March 2026? Myself & my husband can’t extend work permit as we work for contract. What should I do for my kid to continue her studies? Is there a way I can apply for study permit extn? Please advice.

 

[canuck78]

“ This is justice system in Canada “
Who said you had to live in Canada for at least ten years to be accepted for H&C?


6] The applicant arrived in Canada from India on December 13, 2021
And her refusal on September 5, 2023

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/527702/index.do

It was appealed and it will be sent for determination. If H&C case approval rates have to be reduced approving cases like this are hard to justify. There is a safe home to return to and spent minimal time in Canada before applying for H&C. Certainly not an ideal case but will be interesting to see the outcome of the redetermination. The processing lengths make H&C processing much more difficult because people have much more time to establish ties.

 

[canuck78]

Hi guys. I’m new to this thread. My husband submitted his application in December 2024. Myself & my kids are holding work permit & study permit until next March. Seeing all your threads, I assume it would take atleast 22+ months to receive update.
My question here is how do we need to proceed if we don’t receive the stage 1 approval by March 2026? Myself & my husband can’t extend work permit as we work for contract. What should I do for my kid to continue her studies? Is there a way I can apply for study permit extn? Please advice.

You can apply for study permit and work permits now and It will be up to IRCC whether they approve them.

 

[FNU]

It was appealed and it will be sent for determination. If H&C case approval rates have to be reduced approving cases like this are hard to justify. There is a safe home to return to and spent minimal time in Canada before applying for H&C. Certainly not an ideal case but will be interesting to see the outcome of the redetermination. The processing lengths make H&C processing much more difficult because people have much more time to establish ties.

What happens if someone gets approved from PRRA instead of H&C? Is there any case like that have you ever seen?

 

[canuck78]

What happens if someone gets approved from PRRA instead of H&C? Is there any case like that have you ever seen?

There are a lot of different scenarios when it comes to outcomes of PPRA.

 

[FNU]

There are a lot of different scenarios when it comes to outcomes of PPRA.

Like after that you apply for PR, processing time will be 27 months like a refugee claim?

 

[FNU]

Hello @FNU
I did not receive still waiting.

It was like 3 weeks total for me.

 

[FNU]

There are a lot of different scenarios when it comes to outcomes of PPRA.

What do you think about new minister of immigration? Do you think they wait to process our applications because of this?

 

[Naikash24]

You can apply for study permit and work permits now and It will be up to IRCC whether they approve them.

Thanks @canuck78 . But should I just wait until September & then apply for Work permit. Is there anyone who applied for work permit & study permit before getting stage 1 approval?

 

[us in canada]

Hi guys. I’m new to this thread. My husband submitted his application in December 2024. Myself & my kids are holding work permit & study permit until next March. Seeing all your threads, I assume it would take atleast 22+ months to receive update.
My question here is how do we need to proceed if we don’t receive the stage 1 approval by March 2026? Myself & my husband can’t extend work permit as we work for contract. What should I do for my kid to continue her studies? Is there a way I can apply for study permit extn? Please advice.

You can apply now for work permit for you and your husband and study permit for your kids send the application mention you are waiting for H&C just because you have status now they probably issue you extended work permit if they don't give you the work permit before the one you have expired you have continue status under the same conditions until they make a decision on work permits / student and H&C you can also ask for interim work authorization so you can use that paper with your current work permit to continue using OHIP if not they not renew your OHIP

 

[Armaani]

Like after that you apply for PR, processing time will be 27 months like a refugee claim?

My understanding is that H&C and Prra will be decisioned at the same time but yes I wonder what the nest stage is if H&C is approved or if Prra is approved..

 

[idiris]

My understanding is that H&C and Prra will be decisioned at the same time but yes I wonder what the nest stage is if H&C is approved or if Prra is approved..

The two applications PRRA AND H&C have two different purposes. And assessed differently.

PRRA is to determine if an individual would face a real risk of torture, persecution, or other serious harm if returned to their home country.

If the PRRA is approved, the individual may be allowed to remain in Canada.

And you become a "protected person" and can then apply for permanent residence (PR) in Canada.

H&C you need to show that there are important reasons why you should be allowed to stay in Canada. Usually, H&C applications show things like how connected you and your family are to Canadian life or how children in your life would be affected if you had to leave Canada.

Keys to be considered
Severe Hardship in Home Country.
Medical Conditions.
Best Interests of the Child.
Family Separation.
Long-Term Establishment in Canada.

If the H&C application is approved, the individual may be granted permanent residence.

 

[FNU]

The two applications PRRA AND H&C have two different purposes. And assessed differently.

PRRA is to determine if an individual would face a real risk of torture, persecution, or other serious harm if returned to their home country.

If the PRRA is approved, the individual may be allowed to remain in Canada.

And you become a "protected person" and can then apply for permanent residence (PR) in Canada.

H&C you need to show that there are important reasons why you should be allowed to stay in Canada. Usually, H&C applications show things like how connected you and your family are to Canadian life or how children in your life would be affected if you had to leave Canada.

Keys to be considered
Severe Hardship in Home Country.
Medical Conditions.
Best Interests of the Child.
Family Separation.
Long-Term Establishment in Canada.

If the H&C application is approved, the individual may be granted permanent residence.

But as I understand, even PRRA approved, you can’t PR without overcoming inadmissibility. The only exception you can get it would be via H&C.

 

[Armaani]

The two applications PRRA AND H&C have two different purposes. And assessed differently.

PRRA is to determine if an individual would face a real risk of torture, persecution, or other serious harm if returned to their home country.

If the PRRA is approved, the individual may be allowed to remain in Canada.

And you become a "protected person" and can then apply for permanent residence (PR) in Canada.

H&C you need to show that there are important reasons why you should be allowed to stay in Canada. Usually, H&C applications show things like how connected you and your family are to Canadian life or how children in your life would be affected if you had to leave Canada.

Keys to be considered
Severe Hardship in Home Country.
Medical Conditions.
Best Interests of the Child.
Family Separation.
Long-Term Establishment in Canada.

If the H&C application is approved, the individual may be granted permanent residence.

Thanks for detailed confirmation bro!! The CBSA officer told me when we applied for H&C that the two officers will work together and H&C and Prra decision will be done together at the same time and if your approved for H&C then Prra is approved as well or if Prra is approved H&C is approved as well! I just want to know if H&C is approved do you go through the stages of AIP, Copr and then Pr? Or is the stages different ?

 

[idiris]

Thanks for detailed confirmation bro!! The CBSA officer told me when we applied for H&C that the two officers will work together and H&C and Prra decision will be done together at the same time and if your approved for H&C then Prra is approved as well or if Prra is approved H&C is approved as well! I just want to know if H&C is approved do you go through the stages of AIP, Copr and then Pr? Or is the stages different ?

Yes
You will under go through the stages.