I applied in December 2016 got first stage approval December 2017 and then I applied for my work permit
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
Thanks so much for your quick responses.Please is it ok for me to pm you as I'm about to make my H&C application and will need guidance from someone who has been successful.
Thanks in advance
Hello,
My dad is the last member of the family who lives in India. My mother passed away long time ago. I have 2 sisters, one is settled in USA and other in Australia. I was wondering if I am eligible to apply for my dad's immigration under Humanitarian and compassionate grounds. I filled out the expression of Interest Form on January 28th but could not get in the quota. Your response will be much appreciated.
Thanks
My dad is the last member of the family who lives in India. My mother passed away long time ago. I have 2 sisters, one is settled in USA and other in Australia. I was wondering if I am eligible to apply for my dad's immigration under Humanitarian and compassionate grounds. I filled out the expression of Interest Form on January 28th but could not get in the quota. Your response will be much appreciated.
Thanks
What is preventing you from applying for PGP? H&C isn’t an alternate means to gain Permenent residence if you don’t qualify or aren’t lucky enough to be chosen for PGP. It is meant for and requires exceptional circumstances. He would also need to be in Canada to apply.
When all the siblings were immigrating you all knew this would be an issue H&C is not a way to get around PGP. He can come visit you on a supervisa.
Thank you canuck78, I appreciate your response. I will really appreciate if others can respond to my query as well.
Hello, I gather that your father is outside of Canada and so I would be pessimistic about your chances of success because outland H&Cs seldom receive positive decisions. You can look for statistics but ensure that they are not mixed in with the inland H&C line of business where the stat's are actually pretty encouraging if the application is well put together.
There is nothing unusual in wanting aging parents close by for their care and it was far easier years ago than it is today. I don't know what your chances with a Super Visa for your dad might be, but it might be a better place for your energy and resources to be placed.
Good luck with whatever you try
Agree with canuck78 and Bornlucky. You might want to give the super visa option some serious thought. It might not be easy as his family ties to Canada will outweigh those to India. But, with a solid super visa application, it is worth trying especially if he does not have any medical conditions.
While he is on a super visa, you can again try for a PGP. If chosen, you dad can continue to extend his stay on a super visa entry as dual intent (PR application + temporary resident visitor status) is allowed
Not sure that H&C cases for parents have a great success rate. Unfortunately many have decided that they will try an H&C application if they don't get selected for PGP. The government has created programs especially for parents so people are expected to use them. In the case that all the children move away from a parent it isn't a surprise that the parent is alone. It is something that the family had to consider when deciding all immigrate to various countries and that will be one of the government's arguments. H&C approval rates are not great to begin with.
I am not sure about approval rates for parents either, however I am certain that if the Government offers programs such as H&C then they aren't resenting people who apply for this consideration.
Outland, yes the H&C statistics aren't likely to register any positive decisions, inland is a very different matter and one where I know the stat's have been posted on this site and where they demonstrate that application decisions may not be so lopsided - 40 percent plus approvals. If you have other stat's then please, let's finally see them because I know that I have posted these in an earlier thread that you were following.
Maybe you see governmental programs differently than the government does, but simply because they have tailored processes for parents this doesn't exclude them from applying for H&C at all, doesn't come with caveats excluding parents and was established under the Act prior to IRPA where widowed parents were common, and the H&C process was not only maintained but inarguably strengthened by moving H&C from policy into the IRPA itself.
The government is pretty good at dissuading applications through exclusions of classes of people, but there isn't one here and there's no reason for anyone to resist making any application that the department invites, considers and decides. If they didn't want them then they shouldn't offer them.
To say that it is "unfortunate" that people look to access what is offered - why is this unfortunate, and for who?
H&C cases are taking longer and longer because of the volume of people applying. Many use it to delay removal if they have failed to secure other programs not true H&C reasons. Last year we saw postings from many people who didn't qualify for PGP so applied for H&C. Their case was no different than other parents. Same as people who have not researched how to qualify for asylum, pgwp, etc. H&C has become the default for everyone no matter whether they actually have any basis to their claims. Processing claims is not free. It takes a resources to apply and while wait people may be receiving lots of services. That is unfortunate.
You are at odds with the policy then, and H&Cs have always seen loads of unsuccessful refugee claimants applying so this is nothing new and it is cheaper than escorted removals. Each H&C application relies upon the individual circumstances of the applicant so to say that they are no different is simply wrong. H&C is intended to entertain applications from people who may not otherwise qualify for PR, and you list the other means that they didn't qualify for as reasons used to apply for H&C - that's right.
It is condescending to mention that processing claims isn't free - not a revelation to me, thanks - and unravelling your final point, if you resent the resources applied to this specific program over another then that's your prerogative but it is only unfortunate for you and not to those who apply, their families, employers, etc. It is a component of the "generous" part of "Canada's reputation for generosity" on immigration matters after all.
I am going to drop it now because A25(1) isn't going anywhere. https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-25.html
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