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

[Kuchbhi]

Folks

I need advice please,my h and c application is in progress and temporary resident permit/visitor record extension application was refused today,does it mean a negative decision on my H and C application is on the way?the letter says to leave Canada immediately,but if I leave canada,it will jeopardize my H and C application,what should I do now?just sit ideal and do nothing or should apply for restoration of status?

Bangabandhu, I am sorry for the situation you are in. Unfortunately there are no easy answers here. If your mother leaves Canada before the H&C decision. I am pretty certain that H&C will be denied based on technicality.

Only suitable option, in my opinion, is that she continues to stay in Canada - albeit - out of status. Now this is high-risk high reward scenario. Think of it this way, if she leaves Canada, her H&C gets rejected then she will get flagged for any future visas. Doesn't matter if she was never out of status. So I'd suggest that she rather take the risk, be out of status and wait for H&C decision.

P.S - If you have to restart from scratch, I'd rather have her on Super Visa and then apply for H&C (in Canada). Assuming she has a normal visitor visa, the officer perhaps isn't liking her prolonged stays, visa extensions, since she is not behaving like a visitor. Hope it helps. Good luck

 

[FNU]

Folks

I need advice please,my h and c application is in progress and temporary resident permit/visitor record extension application was refused today,does it mean a negative decision on my H and C application is on the way?the letter says to leave Canada immediately,but if I leave canada,it will jeopardize my H and C application,what should I do now?just sit ideal and do nothing or should apply for restoration of status?

I have applied for my work permit extension today. We have same timeline. Sorry to hear that, try to ask for reconsideration if possible.

 

[us in canada]

Folks

I need advice please,my h and c application is in progress and temporary resident permit/visitor record extension application was refused today,does it mean a negative decision on my H and C application is on the way?the letter says to leave Canada immediately,but if I leave canada,it will jeopardize my H and C application,what should I do now?just sit ideal and do nothing or should apply for restoration of status?

Does a TRP or Visitor Record refusal mean your H&C will be refused too​

No, not necessarily
H&C and temporari resident status (like visitor records or TRPs) are two separate processes. Your H&C application can still continue even if your temporary status is refused.
IRCC may refuse extensions because H&C applicants are technically "out of status" — but this does not automatically mean your H&C will be rejected

What if the letter says to leave Canada​

This is standard in refusal letters. But leaving Canada can jeopardize your H&C application, because H&C is for people requesting to stay based on hardship if forced to leave. If you leave, you are showing that you're voluntarily departing — and this weakens your claim that you need to remain in Canada for humanitarian reasons.

What should you do now​

f you were previously in status (visitor, student, or worker) and you're within 90 days of losing that status, you can apply for
Restoration of Status, and
Another TRV/Visitor Record (or the correct status for your case)

Doing this shows IRCC that you're trying to remain compliant and engaged with your immigration process which can help your H&C case

 

[fagsey]

The Quota actually hasn't started. Someone posted in the H&C FB group that most likely they'll work Stage 2 from Jul - Nov. Otherwise if they work them in Q1, Q2 then they won't have any "progress" to show in Q3, Q4.

@Kuchbhi Wooow if this is true that means we have another month to wait for the ecopr. Can you put the fb link here please i will like to join

 

[ibrahim0175]

Bangabandhu, I am sorry for the situation you are in. Unfortunately there are no easy answers here. If your mother leaves Canada before the H&C decision. I am pretty certain that H&C will be denied based on technicality.

Only suitable option, in my opinion, is that she continues to stay in Canada - albeit - out of status. Now this is high-risk high reward scenario. Think of it this way, if she leaves Canada, her H&C gets rejected then she will get flagged for any future visas. Doesn't matter if she was never out of status. So I'd suggest that she rather take the risk, be out of status and wait for H&C decision.

P.S - If you have to restart from scratch, I'd rather have her on Super Visa and then apply for H&C (in Canada). Assuming she has a normal visitor visa, the officer perhaps isn't liking her prolonged stays, visa extensions, since she is not behaving like a visitor. Hope it helps. Good luck

Thanks

 

[fagsey]

I don’t even know what to do except just waiting and thinking about it, it’s been exactly nine months from the day I received AIP and almost 7 months from when I received address confirmation request and nothing else so far…

I highly doubt the 2025 quota is reached, if I remember correctly the person who got their address request on Oct 30 got the FD on 27 Oct and then by January first week ecopr, that’s the last person recived ecopr under h & c, after that I have not seen a single person on fb groups or here who received any more updates except address

@Kip4987 did you message the officer in charge of your file? Or send a web form to inquire about your application since your address confirmation?

 

[ibrahim0175]

Does a TRP or Visitor Record refusal mean your H&C will be refused too​

No, not necessarily
H&C and temporari resident status (like visitor records or TRPs) are two separate processes. Your H&C application can still continue even if your temporary status is refused.
IRCC may refuse extensions because H&C applicants are technically "out of status" — but this does not automatically mean your H&C will be rejected

What if the letter says to leave Canada​

This is standard in refusal letters. But leaving Canada can jeopardize your H&C application, because H&C is for people requesting to stay based on hardship if forced to leave. If you leave, you are showing that you're voluntarily departing — and this weakens your claim that you need to remain in Canada for humanitarian reasons.

What should you do now​

f you were previously in status (visitor, student, or worker) and you're within 90 days of losing that status, you can apply for
Restoration of Status, and
Another TRV/Visitor Record (or the correct status for your case)

Doing this shows IRCC that you're trying to remain compliant and engaged with your immigration process which can help your H&C case

Thanks

 

[ibrahim0175]

I have applied for my work permit extension today. We have same timeline. Sorry to hear that, try to ask for reconsideration if possible.

Thanks

 

[Mahisharm]

@Kip4987 did you message the officer in charge of your file? Or send a web form to inquire about your application since your address confirmation?

I sent them the mail, but got the same reply that this type of file takes time. But I don’t understand what they’re waiting for, as everything in my file is complete

 

[wiener]

Did I ever say they weren’t entitled to apply? If from a war torn country they should have had their asylum claim approved. Not sure why PGP would be only group that you would exclude. For example if you claimed asylum and were refused as well as refused RAD and JR you are in a similar position as parents and grandparents in that you had a category dedicated to asylum seekers. The current system has encouraged many people who don’t have clear grounds for an asylum claim to claim asylum and exhaust all the options and the file an H&C claim. In many cases the goal is really to claim H&C but the asylum claims allows a person to remain in Canada for an extended period of time and gives someone the chance to establish themself. Same issue for international students they have access to the economic immigration pathways. It would be impossible to accept all applicants who have established lives in Canada and may face hardship if they return home. As international students there was never a guaranteed pathway to remain in Canada and receive PR. There are of course exceptions. For example if a family member is facing a serious health issue and there is no available treatment in their home country that would represent exceptional circumstances that couldn’t have been anticipated. Given the small yearly allocation for H&C which is for all H&C programs including H&C for Sudanese, Ukranians, Colombia/Nicaragua/Venezuela, etc. it would be impossible to approve anyone who has not qualified for asylum or other PR programs. Processing time of many years which is going to get much longer also does not benefit the applicants or Canada. We will have to wait and see how IRCC tackles the H&C program but it is no working under the current system and many have come to see this as a catch all for anyone who has not been able to secure PR which was never the purpose of the program. Canada is trying to reduce the volume of temporary workers and decrease the number of annual PRs so there will be likely be changes that people will feel is unfair. There is also a huge number of asylum claimants and many will get l denied which will lead to more pressure on the H&C program unless there are reforms. It is unclear what these reforms will look like but the volume of H&C applicants needs to decrease. The cost of processing is also a major issue. People should be working toward a plan B and start leaning French during their H&C processing learning French for example.

Not all people from war torn countries were approved for refugee. I personally know many who were denied and later approved on H and C grounds, some of them after multiple H and C applications. Learning french is not feasible option for many and will not gurantee PR if age of the candidate is old in express entry. I think there will be likley new pathways to transition temporaty residents and undocumented immigrants who are established here to PR rather than bringing people from outside of Canada.

 

[Scotian2012]

Nothing stopping you from hitting ignore on my posts. Many don’t realize that nothing happens to H&C files after AOR for 1-1.5 years so there is no point in tracking applications like for other forms of PR. For example in spousal sponsorship there are somewhat regular updates and movement of an application which makes tracking from the date you apply worthwhile. Currently there is very little movement when it comes to H&C applications in general.

No matter how many times you preach about quotas and reforms you alone can’t deter people from applying. Due process is there for a reason. If ircc deems an application to not be suitable then they will deny it, we can only advise by providing information to the best of our knowledge. You could have just explained that to the person that asked instead of being snarky. I pray IRCC starts working soon so we hear less and less of your opinions on IRCC standards. Amen!

 

[tstarhash]

Hello everyone my lawyer is not sending me refusal notes. i am appealing judicial review from same lawyer. Should i apply my own. So how i can apply please let me know thanks.
or may be he is trying to delay for a reason so i should not apply my self.

 

[YVR123]

This is just some information to show how H&C been impacted. New public policies have been added in the past couple of years and they all fall under the H&C and Misc quota. Because of the volume of H&C and public policies applications, it was communicated that people under Hong Kong pathway will likely need to wait 4 years or more for them to be grant PR. So I would expect the quota will impact all routes of H&C.

https://www.canada.ca/en/immigratio...puty-minister-2024/humanitarian-programs.html


These are the current public policies:

https://www.canada.ca/en/immigratio...-instructions-agreements/public-policies.html

 

[mahamudnabi]

Folks

I need advice please,my h and c application is in progress and temporary resident permit/visitor record extension application was refused today,does it mean a negative decision on my H and C application is on the way?the letter says to leave Canada immediately,but if I leave canada,it will jeopardize my H and C application,what should I do now?just sit ideal and do nothing or should apply for restoration of status?

This is so sad to know that your visitor record application was refused. would you mind to let know when did you apply for H&C? did you apply through lawyer or yourself? you alone or with your family and child? I am asking as I have applied in August 2024 as family with child, also applied for visitor record to restoration my status! I received my AOR, Biometric was done after two weeks and my ATIP report says decision is pending. After seeing your post, i am worried too.

 

[Trailblazer89]

Hi all. H&C for my mother was refused today. She is a 65 year old widow, all her adult children and grandkids are Canadian citizens or permanent residents. Applied in Jan 2023 and received refusal today.

Some questions

a. How to apply for reasons for refusal?

b.Should I file for reconsideration or file new application?

She has been in Canada since 2022 and has visitor status till November.