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

[SweetQueen]

Hi my friend! Hope you will get your Canadian citizenship soon

@wello711, my dear friend, thanks for your kind wishes. I also pray that God who did it for me will do it for you. Keep praying and have faith. You will receive positive answer sooner than later by the grace of God.

 

[Ad3y]

Hi senior members, i hope you all are doing well on this Christmas Day.

I'm new member in this forum.
I'm just confused about something that i couldn't understand how it could work.

Does anyone mind sharing your experiences or information with me about how you were able to continue working or obtain a work permit without facing deportation by CBSA while waiting for your H&C application to process for stage 1 approval?

Because from what I have read, when we apply for H&C, it means we are already out of status.
How can we renew our work permit if we are already out of status?
I've also read in this forum that some members have been waiting for 3 years for their H&C stage 1 approval.
How can they support themselves and their families if they are already out of status?

Thank you for time and have a good day.

Let me explain the possible timeline as best as I can. God willing you get a positive decision and don't have to worry about any of this. Worse case scenario, you get a negative decision of your refugee claim and then appeal the decision with RAD. If a negative decision is also reached there, you file for a judicial review ( at the federal court) this will buy you some time to pass the one year ban on applying for H&C if you don't qualify for any of the exemptions (a minor child under 18 for example).

Throughout this timeline, you keep renewing the original work permit issued to you at first, never let it expire. Apply for a renewal three months before the date even. If negative decision is also reached at federal level, CBSA may contact you to come in and offer a PRRA if you qualify. Which keeps deportation at bay and keeps you in status. IRCC will renew your work permit with a PRRA.

Hopefully you will remain in some kind of status until a positive decision is reached with one of these applications. Or the H&C if need be. With your work permit never expiring, you should be able to work and support yourself/family throughout the process.

 

[DaveAngel]

Let me explain the possible timeline as best as I can. God willing you get a positive decision and don't have to worry about any of this. Worse case scenario, you get a negative decision of your refugee claim and then appeal the decision with RAD. If a negative decision is also reached there, you file for a judicial review ( at the federal court) this will buy you some time to pass the one year ban on applying for H&C if you don't qualify for any of the exemptions (a minor child under 18 for example).

Throughout this timeline, you keep renewing the original work permit issued to you at first, never let it expire. Apply for a renewal three months before the date even. If negative decision is also reached at federal level, CBSA may contact you to come in and offer a PRRA if you qualify. Which keeps deportation at bay and keeps you in status. IRCC will renew your work permit with a PRRA.

Hopefully you will remain in some kind of status until a positive decision is reached with one of these applications. Or the H&C if need be. With your work permit never expiring, you should be able to work and support yourself/family throughout the process.

Hi @Ad3y,

Thanks a lot for breaking down the possible timeline.
I really appreciate your help and explaining all the steps. It gives me a much better idea of what might happen.

I'll definitely make sure to keep renewing my work permit and follow your advice to stay in status.
Your insights are super helpful, and I'm thankful for you sharing your experience.

Hoping for the best outcome, and I'll keep your words in mind as I go through this.
Thanks again for your support and guidance!

 

[tsam]

Good morning Everyone,

Please I need help urgent, I was given PRRA from the CBSA officer. Could you please advise how I can go about the form, what to include, writing a good story and any other the that will help in approving.

Also, shout out to everyone who has PR and keep coming back to this forum to assist the rest of us, we are grateful and thankful.

 

[Kuchbhi]

Want to get your opinion/feedback on the strength of our application. Do you think our case is strong?



Background: My wife and I moved to Canada on PR via FSW in 2018. We became citizens in 2022. I have 2 kids both born in Canada. 4 year and 1.5 years old.

My sister also moved to Canada on PR via FSW in 2019. She became a citizen last month.

My parents visited us in 2019 on SuperVisa and went back to India after staying 1.5 years. My father was diagnosed with blood cancer in Mar 2022. My parents visited us in May 2022 when we were expecting our 2nd kid.

I spent $60,000 on his treatment to the hospitals and additional $15,000 on home improvement, medical bed, stairlift etc.



H&C Case: we hired a lawyer who submitted application in Aug 2023 on the grounds of

Medical treatment and Care: Care provided by us, modifications done for accessibility, hardship of getting blood transfusion in India. We have letters from Doctors here advising against travel.

Family ties in Canada: Since my sister and I are the only siblings my parents are alone with no one to take care of them in India. They have siblings but they are also advanced in age and live in different cities.

Community involvement: We hosted a BBQ party and invited neighbours. We have photos etc.

Best interest of child: We argued that my parents impart cultural, linguistic and religious knowledge to my kids. Which my kids will be devoid or otherwise. Submitted photos of various festivities since 2019.

Letter of support: Our neighbours and friends who interacted with my parents wrote letter of support.

Letter of Financial support: I attached my NOA, my sister’s NOA. All the bills we paid out of pocket showing we can support our parents.



Complication: My mother’s Indian passport was expiring in April 2024, so we get it renewed and the new one is valid until Nov 2025. We have already applied for her visitor record extension. Her current SuperVisa is valid until April 2024 – in line with her old passport.

My father passed away from his cancer in Sept 2023. Our lawyer feels that it strengthens our case. I, on the other hand believe that it weakens our case since a major argument of Medical treatment & Care now no longer applies. I am not sure how can I show that my mother will be lonely and in grief. PGP is closed since 2020.

Do you think our case has become stronger or weaker?

 

[scylla]

Want to get your opinion/feedback on the strength of our application. Do you think our case is strong?



Background: My wife and I moved to Canada on PR via FSW in 2018. We became citizens in 2022. I have 2 kids both born in Canada. 4 year and 1.5 years old.

My sister also moved to Canada on PR via FSW in 2019. She became a citizen last month.

My parents visited us in 2019 on SuperVisa and went back to India after staying 1.5 years. My father was diagnosed with blood cancer in Mar 2022. My parents visited us in May 2022 when we were expecting our 2nd kid.

I spent $60,000 on his treatment to the hospitals and additional $15,000 on home improvement, medical bed, stairlift etc.



H&C Case: we hired a lawyer who submitted application in Aug 2023 on the grounds of

Medical treatment and Care: Care provided by us, modifications done for accessibility, hardship of getting blood transfusion in India. We have letters from Doctors here advising against travel.

Family ties in Canada: Since my sister and I are the only siblings my parents are alone with no one to take care of them in India. They have siblings but they are also advanced in age and live in different cities.

Community involvement: We hosted a BBQ party and invited neighbours. We have photos etc.

Best interest of child: We argued that my parents impart cultural, linguistic and religious knowledge to my kids. Which my kids will be devoid or otherwise. Submitted photos of various festivities since 2019.

Letter of support: Our neighbours and friends who interacted with my parents wrote letter of support.

Letter of Financial support: I attached my NOA, my sister’s NOA. All the bills we paid out of pocket showing we can support our parents.



Complication: My mother’s Indian passport was expiring in April 2024, so we get it renewed and the new one is valid until Nov 2025. We have already applied for her visitor record extension. Her current SuperVisa is valid until April 2024 – in line with her old passport.

My father passed away from his cancer in Sept 2023. Our lawyer feels that it strengthens our case. I, on the other hand believe that it weakens our case since a major argument of Medical treatment & Care now no longer applies. I am not sure how can I show that my mother will be lonely and in grief. PGP is closed since 2020.

Do you think our case has become stronger or weaker?

I'm very sorry for the loss of your father.

It generally works in your favour if all of the children are living in Canada and there is no one left in the home country.

You don't have a community involvement argument. Hosting a BBQ doesn't show community involvement. To show this, your mother would have to (for example) be very actively involved in her local church and regularly have volunteered there since arriving in Canada.

The best interests of a child argument makes sense.

FYI - IRCC may not approve the extension since your mother has applied for H&C application. If that happens then she would just remain in Canada without status until there is a decision in her application.

Good luck!

 

[Kuchbhi]

I'm very sorry for the loss of your father.

It generally works in your favour if all of the children are living in Canada and there is no one left in the home country.

You don't have a community involvement argument. Hosting a BBQ doesn't show community involvement. To show this, your mother would have to (for example) be very actively involved in her local church and regularly have volunteered there since arriving in Canada.

The best interests of a child argument makes sense.

FYI - IRCC may not approve the extension since your mother has applied for H&C application. If that happens then she would just remain in Canada without status until there is a decision in her application.

Good luck!

Thanks @scylla . she did volunteer at a temple during festivals. we have photos and letter of support for it. but i know its not much. its just a tick in the box over lets say 10 years of weekly outings.
I will be surprised if IRCC doesnt approve her extension. why would they want her to ever be out of status? We dont ever want that to happen.
Our final argument was that, I cannot leave my mum to live her rest of days alone. if IRCC refuses her H&C I'll have to uproot our lives and move back which will rob my kids of healthcare, education and a future in Canada. I just feel that my dad's demise have significantly weaken our application.

 

[scylla]

Thanks @scylla . she did volunteer at a temple during festivals. we have photos and letter of support for it. but i know its not much. its just a tick in the box over lets say 10 years of weekly outings.
I will be surprised if IRCC doesnt approve her extension. why would they want her to ever be out of status? We dont ever want that to happen.
Our final argument was that, I cannot leave my mum to live her rest of days alone. if IRCC refuses her H&C I'll have to uproot our lives and move back which will rob my kids of healthcare, education and a future in Canada. I just feel that my dad's demise have significantly weaken our application.

I'm not sure your father's passing would weaken the application.

In many / most cases here visitor extensions are refused since they H&C application demonstrates an intent to remain in Canada long term. But of course it's possible she could also be approved.

 

[temmy-27]

a well-deserved holiday, Lol...

 

[canuck78]

Hi Guys

i applied for my fathers H&C in canada! i received this letter with he below information and processing times, contact them if any changes etc and their office contact information!

is this an AOR

Dear ……..

This letter confirms that your application for permanent residence under humanitarian and compassionate considerations was received by Immigration, Refugees and Citizenship Canada (IRCC) at the Humanitarian Migration Office in Vancouver on 2023-11-24

following by processing times and contract info etc

C&I Services Assistant
office name

Looks like you only got sponsored to come to Canada in 2022 and given that there are specific programs to sponsor parents or for them to visit longterm you will have to show exceptional circumstances and that he is not able to care for himself yet is can also pass a medical to get approved for H&C. If the H&C is denied then your father may have difficulty visiting Canada in the future. H&C processing time can take 2 years these days with no guarantee of being able to remain in Canada during the processing. Make sure to keep paying for emergency travel medical insurance or supervisa insurance to try to limit possible medical debt.

 

[canuck78]

Thanks @scylla . she did volunteer at a temple during festivals. we have photos and letter of support for it. but i know its not much. its just a tick in the box over lets say 10 years of weekly outings.
I will be surprised if IRCC doesnt approve her extension. why would they want her to ever be out of status? We dont ever want that to happen.
Our final argument was that, I cannot leave my mum to live her rest of days alone. if IRCC refuses her H&C I'll have to uproot our lives and move back which will rob my kids of healthcare, education and a future in Canada. I just feel that my dad's demise have significantly weaken our application.

The big issue is that PR isn’t guaranteed and Canada has provided option like supervisa which would likely be fine for your mother. Parents are not included in PR applications so people should be making preparations for having to live separately knowing parent sponsorship is not guaranteed. Canada sets a quota for parent sponsorship because Canada has an ageing population and infrastructure like HC is very stretched. It was actually very lucky that your father was accepted as a private patient even if you were able to pay. Due to waitlist many hospitals will not accept private patients or visitors for ongoing care. One of the reason for the increase H&C processing times is that many people have filed applications for their parents because PGP has been closed. It’s impossible to tell whether your mother’s application will be accepted but I expect IRCC is going to have to take a firmer stance when it comes to people not waiting to qualify for PGP and applying for H&C. In general the government needs to reinforce the message that parent sponsorship is not guaranteed and there is no timetable for acceptance if you want to try to sponsor your parents and that H&C was not meant to circumvent the parent specific programs. You wouldn’t have qualified for PGP2020 unless you lived in Quebec while many others in very similar situation than your mother have been waiting years for PR while applying each year for PGP. As already noted if your mother’s TRV is denied you will have to decide whether you want to risk her overstaying her visa. H&C processing will continue in and out of Canada.

 

[Zahra97]

The big issue is that PR isn’t guaranteed and Canada has provided option like supervisa which would likely be fine for your mother. Parents are not included in PR applications so people should be making preparations for having to live separately knowing parent sponsorship is not guaranteed. Canada sets a quota for parent sponsorship because Canada has an ageing population and infrastructure like HC is very stretched. It was actually very lucky that your father was accepted as a private patient even if you were able to pay. Due to waitlist many hospitals will not accept private patients or visitors for ongoing care. One of the reason for the increase H&C processing times is that many people have filed applications for their parents because PGP has been closed. It’s impossible to tell whether your mother’s application will be accepted but I expect IRCC is going to have to take a firmer stance when it comes to people not waiting to qualify for PGP and applying for H&C. In general the government needs to reinforce the message that parent sponsorship is not guaranteed and there is no timetable for acceptance if you want to try to sponsor your parents and that H&C was not meant to circumvent the parent specific programs. You wouldn’t have qualified for PGP2020 unless you lived in Quebec while many others in very similar situation than your mother have been waiting years for PR while applying each year for PGP. As already noted if your mother’s TRV is denied you will have to decide whether you want to risk her overstaying her visa. H&C processing will continue in and out of Canada.

Can I request to get an exemption section A39 IRPA?

 

[Ad3y]

Can I request to get an exemption section A39 IRPA?

On what grounds?

 

[canuck78]

To be honest I’m still having doubt why she told me like that
She was a white blonde most famous Canadian lawyer in the city

Not sure what her skin colour has to do with this. She was likely saying that ODSP is better than welfare but neither are great to qualify for H&C. Proof that you are financially self-sufficient and will not be depending on the government to support your family would give your the best chance of being approved for H&C.

 

[canuck78]

As I said it’s hard to believe but this was happened multiple times.
By the way I have requested to expedite my file and MP office is doing on behalf me.

Given the volume of applicants it is still incredibly rare to have a response after 3 months and there is a good chance that most of the fast responses are the people applying for a second H&C which tends to have faster processing times because all that is being assessed is any changes to the application. When the wait times were closer to a year the chances of faster responses also were higher. Given that processing times are now around 2 years most applications don’t even get started until the second year.