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

[WellWell2021]

"the true humanitarian applicants have no other choice."

Well, not trying to put to fine a point on it, since all other avenues have failed, it would seem their situations aren't as desperate as you make them out. They could, actually leave.

When I talk about true humanitarian and compassionate (H&C) applicants, I’m referring to those who, as I mentioned, have no other option to become permanent residents of Canada, but also have strong arguments, particularly regarding the factor of unusual and undeserved or disproportionate hardship, which is a determining element in this type of application (I did refer to that.)

The immigration ministry took this factor into account one that is also linked to integration in Canada and, when applicable, to the best interests of the childin order to assess whether a person truly deserves this exception or not.

However, I don’t see any correlation between the fact that someone has no other means to become a permanent resident and the idea that they can simply leave. What exactly are you trying to connect with the exception provided for by the immigration ministry ??

 

[WellWell2021]

I understand and agree with your submission. However, nobody was created to be a humanitarian subject. We all had lives before we migrated to Canada. Some of us were engineers, doctors, nurses, etc. back home. Godforbid Canada cancels all pending PR applications across all pathways, that won’t be the end of the world. We as humans will always find other alternatives and survive.

I'd advise everyone to begin exploring other options, whether it's to learn a new skill to boost your chances. There are multiple paths to PR - you just have to be willing to go through the process. It's way better than being a sitting duck. We all agree it's no longer speculation; with the introduction of this bill, sweeping policy changes are on the horizon.

I have never considered the Humanitarian and Compassionate application as something guaranteed, and regarding Bill C-12, I prefer to wait and see what happens because things are not clear at all.
I don’t know whether the bill will pass or not, and I also don’t know if my application would be cancelled if it does.
I also have no idea how Quebec plans to handle the files, since right now the Quebec Ministry of Immigration is holding meetings to make some changes. (Legally speaking, Quebec has no authority over humanitarian, asylum, or sponsorship applications even though it recently tried to intervene in sponsorship matters even if its additional powers mainly concern economic immigration. But the current Quebec government tends to contradict the federal one...)
There are many variables I don’t know... Of course, I have a Plan B, even a Plan C, in case God decides that my application will be cancelled, but I can’t make any statement until I fully understand how this law will actually work.

 

[jadsk]

Hi, can anyone tell me if I were to add more information to my application using web form, would it keep the same place in line or move it back? Also, If I want to change my representative would that change my place in line? Thanks

 

[canuck78]

I don’t know how many times this needs to be repeated even though you may not be an expert in immigration law, you have certainly acquired enough knowledge here and there to understand that humanitarian applicants and I mean the true humanitarian applicants have no other choice. If they did, they would have chosen it instead of this much more complex and burdensome process.
A humanitarian and compassionate application is the last resort for people in highly critical situations who would face severe hardship if they were not granted this exceptional relief the possibility of becoming permanent residents on humanitarian grounds.
You keep reminding us of the importance of exploring other programs, but real applicants those who cannot leave Canada and have genuine humanitarian reasons have no alternative paths. Your suggestions apply only to those who mistakenly believe that the humanitarian stream is just another simple option, when in fact it is not.

Some people do have other options just not their preferred option and many have been misled that things like establishment in Canada or having children will be a relatively easy path to PR via H&C. They applied for H&C versus pursuing other options like learning French, returning home to study/work and trying applying for PR afterwards, etc. Plenty of examples of people’s WP expiring so they applied for H&C, parents not getting selected for PGP so applying for H&C, people visiting family and applying for H&C, people not having strong grounds for H&C but applying anyways, etc. There are certainly genuine applicants but just waiting to see what happens with general H&C is not a great plan for most general H&C applicants at the moment. People should start thinking about their plan b, c, d, etc. People also need to think about what is the best option for their children if H&C gets cancelled if they want their children to perhaps be able to come back to Canada in the future. Although people may not want to hear this provinces are already taking steps like having the DMV verify that you have legal status before getting a drivers license and there will likely be other steps that will make it harder to stay in Canada if you don’t have status. I’m not saying this is easy for people but people should be prepared for what are likely to be some pretty tough changes in Canada affecting immigration as well as many other things. People may want to get a consultation with a reputable immigration lawyer and consultant and potential pathways to PR that may or may not involve leaving Canada. We recently had some relatively young people posting about applying for H&C in 2025 having zero idea about the state of H&C. Their best option is likely to leave and work towards qualifying to come back.

 

[canuck78]

Hi, can anyone tell me if I were to add more information to my application using web form, would it keep the same place in line or move it back? Also, If I want to change my representative would that change my place in line? Thanks

Neither would change processing of your application but I would suggest waiting a few weeks before making any changes to see if we get more clarity on the future of H&C.

 

[jadsk]

Neither would change processing of your application but I would suggest waiting a few weeks before making any changes.

Thanks

 

[WellWell2021]

Some people do have other options just not their preferred option and many have been misled that things like establishment in Canada or having children will be a relatively easy path to PR via H&C. They applied for H&C versus pursuing other options like learning French, returning home to study/work and trying applying for PR afterwards, etc. Plenty of examples of people’s WP expiring so they applied for H&C, parents not getting selected for PGP so applying for H&C, people visiting family and applying for H&C, people not having strong grounds for H&C but applying anyways, etc. There are certainly genuine applicants but just waiting to see what happens with general H&C is not a great plan for most general H&C applicants at the moment. People should start thinking about their plan b, c, d, etc. People also need to think about what is the best option for their children if H&C gets cancelled if they want their children to perhaps be able to come back to Canada in the future. Although people may not want to hear this provinces are already taking steps like having the DMV verify that you have legal status before getting a drivers license and there will likely be other steps that will make it harder to stay in Canada if you don’t have status. I’m not saying this is easy for people but people should be prepared for what are likely to be some pretty tough changes in Canada affecting immigration as well as many other things. People may want to get a consultation with a reputable immigration lawyer and consultant and potential pathways to PR that may or may not involve leaving Canada. We recently had some relatively young people posting about applying for H&C in 2025 having zero idea about the state of H&C. Their best option is likely to leave and work towards qualifying to come back.

I agree with several points you’ve made.
However, we shouldn’t downplay the existence of genuine applicants either! I feel like you focus a lot on fraudulent or weak cases, and rarely on those who are truly in exceptional situations.
Moreover, each case should be evaluated individually whether it’s someone who lived and worked legally in Canada before submitting a humanitarian application, or someone currently in the country as a visitor, the contexts are different.
Applying for permanent residence on humanitarian grounds simply because one’s home country is underdeveloped, or because one has worked in Canada for a few years without qualifying for an economic program, or because one couldn’t sponsor a parent that alone isn’t enough.
Still, we shouldn’t generalize. Each story deserves to be examined in its own depth, personal circumstances, life experience, vulnerability, and human connections all matter. It’s a delicate , and profoundly complexx process.
And I’ll insist once again it’s extremely foolish for someone who is eligible under another immigration category to choose to apply for humanitarian consideration instead. It’s a long and difficult process. But as I’ve explained, just because you don’t have another possible pathway to permanent residence doesn’t mean you have a real chance under humanitarian grounds. You need a solid and well-founded argument logical and valid reasons that align with the ministry’s main considerations : establishment, the best interests of the child, and above all, the hardship factor.

 

[wiener]

I understand and agree with your submission. However, nobody was created to be a humanitarian subject. We all had lives before we migrated to Canada. Some of us were engineers, doctors, nurses, etc. back home. Godforbid Canada cancels all pending PR applications across all pathways, that won’t be the end of the world. We as humans will always find other alternatives and survive.

I'd advise everyone to begin exploring other options, whether it's to learn a new skill to boost your chances. There are multiple paths to PR - you just have to be willing to go through the process. It's way better than being a sitting duck. We all agree it's no longer speculation; with the introduction of this bill, sweeping policy changes are on the horizon.

The new bill will not pass easily and very unlikely without amendnments. I have predicted the faith of original bill C2 in June when bill was first introduced. Remember Bill C12 not only gives IRCC the power to cancel pending immigration applications, but also grant them with authority to amend and abandon immigration documents if it is in public interest. These kind of bills will not solve immigration crisis and it would certainly create further issues by transferring huge backlog of immigration applications from IRCC to PRRA and the federal courts.
https://www.ctvnews.ca/politics/art...ounds-alarm-on-federal-governments-bill-c-12/

 

[wiener]

Some people do have other options just not their preferred option and many have been misled that things like establishment in Canada or having children will be a relatively easy path to PR via H&C. They applied for H&C versus pursuing other options like learning French, returning home to study/work and trying applying for PR afterwards, etc. Plenty of examples of people’s WP expiring so they applied for H&C, parents not getting selected for PGP so applying for H&C, people visiting family and applying for H&C, people not having strong grounds for H&C but applying anyways, etc. There are certainly genuine applicants but just waiting to see what happens with general H&C is not a great plan for most general H&C applicants at the moment. People should start thinking about their plan b, c, d, etc. People also need to think about what is the best option for their children if H&C gets cancelled if they want their children to perhaps be able to come back to Canada in the future. Although people may not want to hear this provinces are already taking steps like having the DMV verify that you have legal status before getting a drivers license and there will likely be other steps that will make it harder to stay in Canada if you don’t have status. I’m not saying this is easy for people but people should be prepared for what are likely to be some pretty tough changes in Canada affecting immigration as well as many other things. People may want to get a consultation with a reputable immigration lawyer and consultant and potential pathways to PR that may or may not involve leaving Canada. We recently had some relatively young people posting about applying for H&C in 2025 having zero idea about the state of H&C. Their best option is likely to leave and work towards qualifying to come back.

H and C is unique pathway that was created to address the rigidity in immigration law by allowing the minister to grant PR for people who otherwise could not qualify under other PR pathways and who will face severe hardship if removed from Canada, and for applications involving BIOC. Unfortunately, Marc Miller before he was removed as immigration minister set unusual precedence by introducing annual targets for H and C, which is a disastrous policy that should never happened. Furthermore, H and C is safety valve for thousands of people from war torn countries who are living in Canada on temporary permits and failed refugee claimants from those countries, particularly those with children. I believe the most feasible solution going forward is remove the annual cap on H and C applications and treating them like asylum claims where there is no quota. The other option would be to increase quota to levels sufficient to achieve processing time of 24-36 months as before.

 

[Viking007]

The new bill will not pass easily and very unlikely without amendnments. I have predicted the faith of original bill C2 in June when bill was first introduced. Remember Bill C12 not only gives IRCC the power to cancel pending immigration applications, but also grant them with authority to amend and abandon immigration documents if it is in public interest. These kind of bills will not solve immigration crisis and it would certainly create further issues by transferring huge backlog of immigration applications from IRCC to PRRA and the federal courts.
https://www.ctvnews.ca/politics/art...ounds-alarm-on-federal-governments-bill-c-12/

Well the Bill C-12 has passed 2nd reading. Are you aware of this?

 

[canuck78]

The new bill will not pass easily and very unlikely without amendnments. I have predicted the faith of original bill C2 in June when bill was first introduced. Remember Bill C12 not only gives IRCC the power to cancel pending immigration applications, but also grant them with authority to amend and abandon immigration documents if it is in public interest. These kind of bills will not solve immigration crisis and it would certainly create further issues by transferring huge backlog of immigration applications from IRCC to PRRA and the federal courts.
https://www.ctvnews.ca/politics/art...ounds-alarm-on-federal-governments-bill-c-12/

Bill c2 became bill c-12 primarily due to privacy concerns related to the bill not immigration. Notice how some immigration lawyers are the ones objecting not MPs.

 

[canuck78]

I agree with several points you’ve made.
However, we shouldn’t downplay the existence of genuine applicants either! I feel like you focus a lot on fraudulent or weak cases, and rarely on those who are truly in exceptional situations.
Moreover, each case should be evaluated individually whether it’s someone who lived and worked legally in Canada before submitting a humanitarian application, or someone currently in the country as a visitor, the contexts are different.
Applying for permanent residence on humanitarian grounds simply because one’s home country is underdeveloped, or because one has worked in Canada for a few years without qualifying for an economic program, or because one couldn’t sponsor a parent that alone isn’t enough.
Still, we shouldn’t generalize. Each story deserves to be examined in its own depth, personal circumstances, life experience, vulnerability, and human connections all matter. It’s a delicate , and profoundly complexx process.
And I’ll insist once again it’s extremely foolish for someone who is eligible under another immigration category to choose to apply for humanitarian consideration instead. It’s a long and difficult process. But as I’ve explained, just because you don’t have another possible pathway to permanent residence doesn’t mean you have a real chance under humanitarian grounds. You need a solid and well-founded argument logical and valid reasons that align with the ministry’s main considerations : establishment, the best interests of the child, and above all, the hardship factor.

Although there are certainly genuine H&C claims I don’t see a way to weed out potential genuine cases while also addressing the totally dysfunctional general H&C program. There are around 50k applications! What is more likely is cancelling the whole thing and potentially creating a new program with much stricter criteria. I have no doubt that some genuine claims will be negatively impacted but I don’t believe what you’re suggesting is feasible. There will be many temporary residents and people without status who will want to remain in Canada who will not be able to. That is just the reality of the situation.

 

[canuck78]

H and C is unique pathway that was created to address the rigidity in immigration law by allowing the minister to grant PR for people who otherwise could not qualify under other PR pathways and who will face severe hardship if removed from Canada, and for applications involving BIOC. Unfortunately, Marc Miller before he was removed as immigration minister set unusual precedence by introducing annual targets for H and C, which is a disastrous policy that should never happened. Furthermore, H and C is safety valve for thousands of people from war torn countries who are living in Canada on temporary permits and failed refugee claimants from those countries, particularly those with children. I believe the most feasible solution going forward is remove the annual cap on H and C applications and treating them like asylum claims where there is no quota. The other option would be to increase quota to levels sufficient to achieve processing time of 24-36 months as before.

H&C used to be a relatively small program but always had a quota just like there has always been PR targets for refugees/protected people. The processing times for refugees/protected people has gotten much longer and will continue getting longer because they do have a yearly PR quota. Canada is trying to reduce the volume of temporary residents and ppl without status as well as decrease the yearly PR quota. There is no additional PR quota to allocate to general H&C and the new PR targets may be even less than Marc Miller’s. If there is extra PR quota it would likely go to economic immigration programs. There are many more people wanting to apply than the number of available PR spots for every program.

 

[Ezio3000]

H&C used to be a relatively small program but always had a quota just like there has always been PR targets for refugees/protected people. The processing times for refugees/protected people has gotten much longer and will continue getting longer because they do have a yearly PR quota. Canada is trying to reduce the volume of temporary residents and ppl without status as well as decrease the yearly PR quota. There is no additional PR quota to allocate to general H&C and the new PR targets may be even less than Marc Miller’s. If there is extra PR quota it would likely go to economic immigration programs. There are many more people wanting to apply than the number of available PR spots for every program.

But there shouldn't be a quota for humanitarian causes in the first place, its pure logic, you can put an estimate for logistic purposes but you can't put a quota for people who are already here. It's just pure politics at this point, something to blame for the downfall of the economy.

 

[canuck78]

Would add that suing the government likely remains an option for people if H&C gets cancelled. Can’t guarantee what costs would be, how long it may take, what the chance of success would be and that CBSA wouldn’t remove you during the case. Something to discuss with a lawyer if bill c-12 is made law.