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.
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