Even if the target is raised to 40K, it is barely sufficient. There are over 100K in inventory for general H and C, and public policy and volume of backlog keep growing. Assuming the inventory remains the same, which is very unlikely, that would mean a 40% approval rate and 2.5 years processing time. Regarding 12-600 months, this is speculative processing time in theory. In reality, this will never happen. You often state economic immigration, and you seem to overlook that the great majority of applicants in H and C pathways are working-class people, who are essentially economic immigrants, and due to unfortunate circumstances (like age, for example), they did not qualify for express entry.
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
The law that allows for humanitarian considerations in processing applications is precisely aimed at reducing the rigidity of the law, and this has been proven by case law many times, both by the Federal Court and the Supreme Court. Humanitarian considerations are meant to lessen the rigidity of the Canadian immigration system, which has obviously become even more pronounced after Express Entry. So, this always needs to be taken into account. There’s no doubt that many applicants don’t have a specific situation and many just want to obtain permanent residence, and they use humanitarian considerations to achieve that. But that doesn’t eliminate the fact that there are genuine individuals who have contributed to Canada, who have children, who have lived here, paid taxes, incurred astronomical education fees, who work, have families, are active in their communities, and speak both official languages. We must not overlook this, and above all, these are people who risk serious harm if they return to their country of origin
So are you suggesting 40k less from the current economic immigration pathways and instead accept H&C applicants? This would just undermine the economic immigration system. There is fixed total PR target so you can’t just add 40k people which I think is what you are suggesting. Immigration in general is supposed to benefit Canada so it doesn’t make sense to accept a whole bunch or people in the 40s, 50s, 60s+ if the argument is they have been working for a few years in Canada. The one exception is for the top high earning talent which is unlikely to qualify for H&C.
What you have described is not an H&C situation. That essentially describes someone with no other pathway to remain in Canada via economic program. There needs to be another element to make it H&C case especially these days. There were a few years during Covid years when approval was slightly easier but that was immigration in general. If people risk serious harm in their home country that is what the asylum system has always been for.
H and C is special relief pathway for many types of applicants, including families who will face extreme hardship if removed, families who have children , particularly with medical condition or special needs. It is a safety valve for alot of people. When you have target of 6.5K in 2026 and possible backlog of more than 110K, this would undermines the very purpose of this program. I am not sure why there is quota in the first place for this program.
https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-25.html
So as I pointed out there has to be another element like medical needs that can’t be accessed abroad especially for children. There is a target for everything or else it would attract too many people coming to Canada in search of PR for issues like medical access. Canada and its infrastructure can only absorb so many people. We are currently living through proof that we accepted way too many people without the infrastructure and services to absorb them. Extreme hardship is very subjective. What many feel like would be extreme hardship for them is just the reality of living in a large portion of the world. A different standard of living and less opportunity is unlikely to be enough for most H&C cases.
Wow that was fast. Is the child Canadian? Was the other parent who passed away a Canadian citizen or PR?
The admin of that facebook group is a lawyer and he want to encourage clients to hire him. This was a post by admin himself.
So what is, in your view, a humanitarian and compassionate grounds application if what I mentioned does not qualify as such? I clearly specified that I was talking about people who risk suffering serious harm. However, I did not mention the risk of persecution or death, so your suggestion of applying for asylum does not apply ! In my comment, I specifically referred to people who are integrated, which relates to the establishment factor, along with the difficulty of returning, which addresses the factor of undue hardship. I also mentioned children, which can affect minors and therefore in some way relates to the best interests of the child, while specifying that I was talking about people who have no other means to become permanent residents so I believe I have addressed everything that IRCC regulations and case law provide for !
I therefore don’t understand why you think this does not meet humanitarian considerations, and on what basis and with what legitimacy you are grounding your point of view...
I’d like to remind you that during COVID you kept telling us that our chances of being accepted were extremely low because of the crisis, and afterward your argument was based on the crisis in Afghanistan and Ukraine in addition to the pandemic … Unfortunately I can’t find those posts anymore, the forum’s search tool doesn’t work! And now you’re telling us that back then it was easier to immigrate to Canada?
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Never said it was incredibly low because of Covid. Also was much easier to immigrate back then and would have said at the time that immigration policies didn’t make sense and there seemed to be minimal vetting. Turns out I was right. Chances of H&C were always relatively low but are likely to get lower if no reform. I did criticize the size of CUAET and Afghanistan program that went over the 40k target. I was not alone with this criticism. Bureaucrats at IRCC also agreed with me that the programs set dangerous precedents and that Canada can only absorb so many people at once. We are living through the consequences of immigration policies under Trudeau (except under the tail-end of Marc Miller) and will be for quite some time. Drastic action will likely need to be taken when it comes to immigration and government in general. A 600 month processing time is not functional. There has been precedent of government wiping out previous backlogs of immigration programs. We’ll have to wait and see how this Liberal government tries to address our mess of an immigration system. Hopefully Marc Miller gets shuffled back in to the minister role since he seems to have a much better grasp of the system and the problems than our current minister.
Listened to a podcasts from 2 immigration lawyers who essentially are also interpreting the situation with general H&C as I am. Very interesting if people have the time.
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That is what I predicted from the beginning. I mentioned since around June/July when Bill-C2 was introduced that the main purpose of this bill is to cancel the inventory backlog. Once bill C2 passes, it will empowers IRCC to likely do mass application cancellations. They will rationale this by stating it is in public interest and immigration pathways can not be viable with this huge backlog. I expect first parent/grandparent cases to be wiped out of the backlog because these are not eligible for H and C. Then, potentially any applicats from countries deemed safe and stable.
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Think many are counting on H&C and would really encourage people to have a plan B. If they have not applied yet would really discourage many people, especially visitors, from applying. Not trying to be mean but IRCC and immigration in Canada has become more strict and difficult but it will get worse for people. People need to be planning strategically for this. Start learning French, consider retraining in your home country in a sector in demand and then applying to immigrate, etc. Many also didn’t live in Canada in the late 80s and 90s when the economy was very bad and the government made significant cuts, housing tanked, etc. Sadly the previous government made some bad decisions and we need to course correct. The sad part is that this has lead to more anti-immigrant sentiment although not as strong as in some other countries. Canada will always need immigrants, especially younger people, but they will likely be more selective. Work the system don’t think the system will work for you.
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