The general consensus in the immigration field is that people’s best plan is take proactive steps to put yourself in the best position if you want to get PR even if this requires leaving and then applying. If I had an active H&C case I would have already been learning French, working in an NOC in high demand in Canada, considering international online eduction that will be recognized by Canada (masters or NOC in demand) if Canadian further education is not possible, etc.
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
They cannot wipe out the entire backlog without Bill C2. However, I do not anticipate this bill passing in the foreseeable future. Also, cancelling genuine applications would be highly problematic, as this would trigger compensation lawsuits against IRCC versus targeting groups that are not eligible, such as parents/grandparents. I did read a lawyer's comment in the H and C FB group stating that Ukrainians in the inventory should be triaged to the refugee program. Not sure if IRCC can do that. I do not understand why many Ukrainians are applying for H and C (24K) in comparison to asylum. Most nationals of war-torn countries still apply for asylum and get approved. I strongly believe the Hong Kong pathway should not exist since it is a stable and prosperous country.
Ukrainians will prefer H and C over seeking assylum as assylum claim is approved ,they are not allowed to return to that country which they fled ,many may still have family in Ukraine to return to,if they decides to return in future to Ukraine and CBSA finds out,they will revoke the refugee status.
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I think you are underestimating the pressure on the government to do something about immigration. There may be court challenges if the bill passes but can’t see most conservatives being able to oppose the bill and many BQ would likely vote for the bill as well. The bigger issues is likely some more left leaning Liberals who may object. NDP & green likely won’t support but not a big number. I view the situation quite differently. Cancelling a whole backlog because the system is not functional may actually be easier to justify legally than trying to exclude some groups from the pool. Parents would be an easy target because they have other pathways but there would likely still be legal challenges for that as well. Not sure why you would think most would have grounds for compensation as temporary residents. PR through H&C was never guaranteed. Agree the HK pathway should never have existed. Should have offered a certain number of qualified candidates a 3 year H&C OWP and then they would have to compete for economic immigration. Think Canada was also too generous in creating too many H&C OWP programs. We didn’t even require proof that you were living in an area affected by the earthquake for the Turkey and Syria H&C OWP program. For the Ukrainians there was hope that the war would be short and many would return home. The backlog for asylum is already huge and you actually receive less benefits through H&C, there is no need for legal aid, lower cost of processing for the Ukraine H&C program than an asylum claim, etc. so setting up H&C was better for Canada. Also many do still have family in Ukraine especially fathers, spouses, brothers, grandfathers so H&C will not prevent them from visiting them while an asylum claim would for probably the next 10 years.
I would like to correct you on this. Temporary residents are entitled to many fundamental legal protections and due process as citizens. Canadian charter of rights applies to anyone physically present in Canada. If IRCC cancels or rejects files of genuine applicants without giving applicants fair chance to be heard (for example BIOC when a child is a Canadian citizen and has special needs), this will trigger lawsuits for significant compensation and there are a lot of lawyers who will win this for sure. Regarding Ukraine, the issue is that there are a large number of people from Ukraine (24K) applying for H and C, and the quota is quite small (only 2K in 2025), so the math does not math. Furthermore, applicants for H and C need to stay in Canada until they become PR; otherwise, arguments about hardship if removed and establishment are no longer valid. If they apply for asylum, they will get PR faster and also higher chance of being approved as there is no quota. I do not see any advantage of H and C over asylum in that case. The main problem in all H and C pathways is that the target admission quota does not match at all numbers in the inventory, even if IRCC wipe out entire backlog and start from the scratch with more stringent criteria and exclusion of parent/grandparent cases. I think there needs to be pressure by stakeholders (NGO, civil society, lawyers) on IRCC/parliament to increase quota. This is the most appropriate option.
As far as Bill C2 is concerned, I am not saying it may not pass eventually. I mentioned it will likely not pass the vote in its current form.
https://www.canada.ca/en/immigratio...5-05/humanitarian-compassionate-programs.html
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Given current economy and sentiment around immigration I don’t see any chance that there will be pressure to increase any form of immigration except the highly skilled category. Makes no sense why a US (especially under 45) can’t secure PR, why PhDs in STEM wouldn’t have an easier pathway to PR, etc. No matter what happens there may be lawsuits. Wouldn’t say people can expect a lot of compensation. Winning would likely mean gives them a chance at PR or secure PR. For many Ukrainians they still want the ability to return to Ukraine. Given backlogs processing it will still be long for asylum, may be expensive for them, comes with a lot of limitation in Canada and abroad and will likely take a long time to get to citizenship. Could easily take 10 years which is not a great option for many as well. As a taxpayer I don’t want more people applying for asylum if they have other options. The whole asylum/refugee complex is costing Canada a small fortune and support should at least be in line with what those who are on welfare or disability are receiving. No matter what drastic action needs to be taken which is why I encourage those on H&C to be working/studying so they have other options.
Asylum claims are down 34% this year. Furthermore, the approval rate for asylum claims is 86%, while for H and C it is around 35%. It is much easier to be accepted as refugees for nationals of war torn countries in Canada than it is for H and C. Given the limited quota and huge backlog of H and C, it would currently take 5 to 7 years at least to become PR through H and C. Applying through refugee in 7 years they will become citizens. I am not sure what do you mean by economic immigrants. How many MDs, nurses, and PhD holders are among the pool of H and C and refugees inside Canada. Why IRCC do not prioritize those highly skilled immigrants who are working in Canada and contributing to economy. The belief that skilled immigrants are only those outside of Canada is so inaccurate and reflects flawed understanding of immigration, talent and labor potential.
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