H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
H&C is not PGP. We are seeing parents being denied H&C fairly regularly and if denied she will have difficulty visiting you. She appears to be able to care for herself and has the option to visit on a supervisa so tough to make an H&C argument. There is also a fairly good chance parents may get banned from H&C because way too many families are using this program as PGP. Processing may take 5-7+ years unless there are reforms because there is a very limited quota and a huge volume of applicants. Applying for H&C also does not prevent removal. Knowing parent sponsorship isn’t guaranteed wasn’t this something your family discussed and planned for before all children moved to Canada?
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Do not apply for H and C. Your application will most likely be refused. H and C program is currently overwhelmed with parent/grandparent cases and given the small quota, It is possible that IRCC will first target those cases for quick refusal or filter them out of the backlog. This program is for people facing exceptional hardship if removed from Canada (extreme hardship in country of origin) and who are working in Canada, and have children with special medical conditions. This is not program for parents/grandparents.
Hello,
The sentiments, timelines and the overall landscape of people in this forum have shifted significantly in recent times. H&C is an open canvas, thus very subjective. Doesn't matter what random people on internet forum (me included) believe. What matters is what you believe. If you believe it's a strong case, then present the best arguments and supporting evidence.
Only two people whose opinion matters is 1) Yours, reflected in the arguments and evidence you present 2) the Visa officer reviewing your mother's application
Some pointers.
Western culture is based on freedom and individuality. Parents except kids to leave home at 18 and move themselves to retirement communities / old age home when the time comes. Eastern culture is based on co-living.
Focus on what documents, photographs etc. you can use to demonstrate that your mother can't take care of herself at her home country by herself. What facilities she has access to here in Canada, and how your presence helps her. Keep your application logical. some broad themes usually are Hardship, Inadmissibility (for other programs), Best interest of Child. Support each argument with solid and genuine corroborating evidence
One idea is that you can contrast her living in her home country vs here. But you'll have to do deep research into news articles, similar cases accepted to IRCC in past (legal precedent). Usually H&C cases need an external circumstance - things that happened which are beyond one's control. Something like an illness, or series of incidents (like fleeing war zone), or could be something very personal (like a personal loss).
In my personal opinion (which is just that - an opinion), it's a weak case. While your mother will get favourable points for family ties, there is a lack of external circumstance. IRCC can very well argue that she can stay with you for extended period of time on a Supervisa.
P.S - See H&C quotas as limited resource. There are more applicants than slots, in such a resource scarce environment people have become bitter and have strong opinions. Don't get deterred, keep your spirits up. All the best.
P.P.S - H&C is an open canvas, the program is not designed to target any specific demography or category. People are entitled to their opinion, but the program isn't designed only for folks having a kid, or who have paid XYZ taxes etc. Best to get opinions from 4-5 different lawyers - but keep in mind that lawyers and consultant will encourage you to apply as they get money upfront.
Your original post made it seem like she is living outside of Canada. If she is in Canada, then she can by all means apply. I don't think it's possible for any of us to guess if this will end in approval or refusal. She needs to avoid leaving Canada once she applies for PR and remain in Canada until there is a decision.
She is here on a work permit.. meaning, she has the option to obtain PR through a working stream. H&C is a last resort for people who have exhausted their options. Someone that is here on a work permit has not exhausted their options. Its a verk weak case. She has better luck expiring her status, and kayaking into canada from the US to claim asylum like one gentleman did not too long ago.
i just got GCMS notes, what is meaning of " file pending " at specific stage, in term of pending is that mean already initiated/commence or waiting in the queue to be start ?
when you call automated phone system update, does it say " we are processing your background check we will let you know if we need more information " ?
your application is considered non-routine file the reason why ?
its because initial application was refused then reopened means the standard processing time does not apply for your application.
are you sure, security and info sharing are passed and complete as well in the ATIP notes ?
The question is will they slow down approvals until the end of the year and what categories are the extra PRs coming from.
Are you kidding? For 70 years old?
Me on work permit for more then 3 years, never used to work in Canada and got AIP
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