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

canuck78

VIP Member
Jun 18, 2017
53,062
12,799
You are 100% lying and ur info it’s not correct you know why?
Cause I’m out of status I have only valid RPCD and OWP and I’m H&C claimant got approved for ODSP so yea
Do you have children? Only reason would likely be destitution. If children are involved you can typically attempt to get WP or in your case ODSP. They are not guaranteed.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,799
Do you think mental issue is considered as a serious illness? But this mental issue was approved by ODSP
Depends on the mental health issue and presentation. ODSP is very lenient and it is more dependent on doctor’s willingness to submit ODSP claims so would not base anything on whether ODSP was approved. Sadly many doctors will write a note as long as they get paid which actually creates conflicts between physicians. When it comes to H&C applications financial self-sufficiency is quite important. ODSP is better than being on welfare because you are saying a person can‘t work but being on ODSP still isn’t great for an H&C application. If on welfare chances of H&C are very low. Slightly better on ODSP especially if you come from a country where it is difficult or not possible to access healthcare. Based on your post healthcare seems accessible in your home country. In terms of severe mental health that qualify for ODSP where in the world you have family support is often a factor especially if you have children. Most with severe mental health issues that should qualify for ODSP are often not able to care for their children adequately for at least some periods of time. Nobody wants your children to end up in foster care because you are too sick to care for them so where your support system/family members are located is often a factor. Typically having family actively involved with children of parents with severe mental health issues leads to children with a lot less mental illness themselves, prevents them from being young caregivers, prevents them from having to leave school early to care for an ill parent or to work, reduces the chances of the children ending up in foster care and provides opportunities for kinship care if children are removed. You seem to be quite competent and are able to put a lot of tine and effort into dealing with your immigration cases so in the age of remote work at home and the potential to set one’s own hours there are job opportunities that are available. Have you ever worked in Canada or have you been reliant on welfare and ODSP? For how long? A history of only being on welfare or ODSP creates concerns that if granted PR you will always be dependent on government support, put pressure on programs like public housing, food banks, etc. A large percentage of H&C applicants are failed refugees and those who have not been able to qualify for PR after working in Canada but are financially self-sufficient, relatively young and will continue will live in Canada and add to the economy. H&C program is not like an asylum program where your ability to financially support yourself and your use of resources are not a factor.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,799
Send a private message and I will explain in details to you.
Thanks
Were you a failed asylum claimant? How did you come to Canada and what status have you had. A large proportion of those applying for H&C are failed asylum claimants so would not qualify to apply for HSWB.
 

Zahra97

Star Member
Dec 16, 2023
78
14
Do you have children? Only reason would likely be destitution. If children are involved you can typically attempt to get WP or in your case ODSP. They are not guaranteed.
No children.
It’s not about attempt to get WP it’s law in CBSA website check it nations from TSR/ADR can get WP or SP
 

Zahra97

Star Member
Dec 16, 2023
78
14
Depends on the mental health issue and presentation. ODSP is very lenient and it is more dependent on doctor’s willingness to submit ODSP claims so would not base anything on whether ODSP was approved. Sadly many doctors will write a note as long as they get paid which actually creates conflicts between physicians. When it comes to H&C applications financial self-sufficiency is quite important. ODSP is better than being on welfare because you are saying a person can‘t work but being on ODSP still isn’t great for an H&C application. If on welfare chances of H&C are very low. Slightly better on ODSP especially if you come from a country where it is difficult or not possible to access healthcare. Based on your post healthcare seems accessible in your home country. In terms of severe mental health that qualify for ODSP where in the world you have family support is often a factor especially if you have children. Most with severe mental health issues that should qualify for ODSP are often not able to care for their children adequately for at least some periods of time. Nobody wants your children to end up in foster care because you are too sick to care for them so where your support system/family members are located is often a factor. Typically having family actively involved with children of parents with severe mental health issues leads to children with a lot less mental illness themselves, prevents them from being young caregivers, prevents them from having to leave school early to care for an ill parent or to work, reduces the chances of the children ending up in foster care and provides opportunities for kinship care if children are removed. You seem to be quite competent and are able to put a lot of tine and effort into dealing with your immigration cases so in the age of remote work at home and the potential to set one’s own hours there are job opportunities that are available. Have you ever worked in Canada or have you been reliant on welfare and ODSP? For how long? A history of only being on welfare or ODSP creates concerns that if granted PR you will always be dependent on government support, put pressure on programs like public housing, food banks, etc. A large percentage of H&C applicants are failed refugees and those who have not been able to qualify for PR after working in Canada but are financially self-sufficient, relatively young and will continue will live in Canada and add to the economy. H&C program is not like an asylum program where your ability to financially support yourself and your use of resources are not a factor.
It’s already approved I’m on it for almost one year but they mentioned on their decision will review my medical it in 5 years.
Yes of course healthcare is accessible in my home country.
No family no children
My parents are in Italy.
yes I worked hard in Canada that’s why I got sick
I have welfare history
For sure I have applied almost all housing subsidies region in Ontario I have a big hope to get housing in Sarnia or Chatham -Kent
And Ofc if they grant me pr I will continue to get all benefits or I have plan to go to Qatar for work
 

S H S

Full Member
Aug 18, 2023
44
35
Do you have children? Only reason would likely be destitution. If children are involved you can typically attempt to get WP or in your case ODSP. They are not guaranteed.
How might applying for a work permit after being in the queue for about 15 months affect my personal support, particularly given my financial investment in the business? Relying solely on profits may not be enough to cover all costs unless I actively participate in the business rather than hiring a worker. Additionally, I have two children, and I need to enroll the older one in school by February 1st for starting next September.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,799
No children.
It’s not about attempt to get WP it’s law in CBSA website check it nations from TSR/ADR can get WP or SP
That is in cases of asylum claims. There is no guarantee of WP if you make an H&C claim. Had you not applied for asylum before applying for H&C then you would not be guaranteed WP, be eligible for OW/OSDP, etc.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,799
How might applying for a work permit after being in the queue for about 15 months affect my personal support, particularly given my financial investment in the business? Relying solely on profits may not be enough to cover all costs unless I actively participate in the business rather than hiring a worker. Additionally, I have two children, and I need to enroll the older one in school by February 1st for starting next September.
What is your history in Canada and have you applied for any other immigration programs before applying for H&C? What about your children? How long have you been in Canada? What about your children? How old are they and were they born in Canada? Have they previously applied for any other immigration program in Canada? What is the basis of the H&C claim? Did the whole family apply for H&C?
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,799
It’s already approved I’m on it for almost one year but they mentioned on their decision will review my medical it in 5 years.
Yes of course healthcare is accessible in my home country.
No family no children
My parents are in Italy.
yes I worked hard in Canada that’s why I got sick
I have welfare history
For sure I have applied almost all housing subsidies region in Ontario I have a big hope to get housing in Sarnia or Chatham -Kent
And Ofc if they grant me pr I will continue to get all benefits or I have plan to go to Qatar for work
If you are able to work in Qatar you should be able to work in Canada. One of the things that is considered for H&C applications is financial self-sufficiency. If you are talking about being on welfare and then on ODSP and applying for public housing throughout Ontario it is going to be hard to prove that you will provide a benefit to Canada if granted PR or that you need to be in Canada because there is no healthcare available in your home country. If your goal is to remain in Canada and you have stated that you are able to work then I would start working asap because you have to overcome a long period of being dependent on governent programs.
 

S H S

Full Member
Aug 18, 2023
44
35
What is your history in Canada and have you applied for any other immigration programs before applying for H&C? What about your children? How long have you been in Canada? What about your children? How old are they and were they born in Canada? Have they previously applied for any other immigration program in Canada? What is the basis of the H&C claim? Did the whole family apply for H&C?
Residing in Canada for over four years, I spent two years on a work permit engaged in a research project financially supported by a university of my home country, with no employer-employee relationship in Canada, validated by a PhD certificate. The subsequent two years were spent out of status, with approximately 1.5 years dedicated to an in-process Humanitarian and Compassionate (H&C) application, without a refugee claim. I have two children, the older one aged 5 and the youngest, a 3-year-old Canadian citizen. Demonstrating strong community ties, both my wife and I have volunteered extensively, obtained non-academic Canadian certificates, and have successfully operated our own business for around two years. My H&C application is grounded in the best interests of our children, establishment in Canada, and the challenges of returning due to numerous formal reports citing Human Rights Violations in our home country.
 

msingh113

Star Member
Jan 11, 2022
76
26
Any ideas for successful h&c i returned back home deported spouse Pr already application based on hardship family ties establishment
 

Kate_20

Star Member
Aug 13, 2011
93
51
Canada is distributing PRs to extended families of multiple countries… they keep increasing the country list every month… South American countries, Afghanistan, Sudan, Ukraine, Gaza so on and so on.. extended families mean Parents Grandparents, Siblings, Half Siblings….if we, hard working Canadian citizens pay taxes and are not allowed to bring our elderly parents to Canada why we have to support the whole dynasty of extended families of above mentioned countries and let our parents live and die alone? How is it fair to us??? Family reunification is family reunification and it has to be for everyone or NO ONE!! It’s NOT my obligation as a tax payer to support other people’s extended families while not be able to reunite with my own parents!! Either stop this family reunification for everyone or make it available for everyone!!! when you compare our immigration system to Australia and go all the way to different continents why dont you compare it to our neighbour USA? Do you know that in US you can be reunited with your parents moment you get your citizenship and have stable income?? Do you know that our neighbours Do Not have lottery system for parents? It is crystal clear that you do not want immigrants’ parents in this country and consider our parents as burden to Canada but I do the same… if you want me to work and pay taxes and support extended families of other Canadians then I want my parents here!!!


Thanks @canuck78 for your objective outlook. I agree that PR isn't guaranteed and Canada has Supervisa and PGP in place for family reunification. However, PGP hasn't opened since 2020. I still blame myself for not entering the pool when it was open in 2020 (I was eligible, but I made an error during currency conversion and thought I didn't meet the financial criteria in 2018 when I clearly did). Right now, my mom doesn't have the option to enter the pool. Only other option left is SuperVisa which she already has. Tragically though since the Visa is linked to her passport both are expiring in Apr 2024. Life is fragile and cannot wait for an unknown to work in our favour. I am not alone in saying that our parents need us now. No one has seen tomorrow.

I agree that H&C is not meant to circumvent parent specific programs. Canada does have a decision to make. Either allow family reunifications or be ready to accept that high tax paying individuals (top 5%) will leave Canada. Canada needs to stop treating immigrants as cash cows.