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

[canuck78]

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.

As already mentioned order GCMS notes. If I had to guess her age is likely a large factor. Assume she would able to care for herself if she had to return to her home country but will be interested to see the results. If not currently working with a lawyer you should be for your best chances of success.

 

[mantejd8]

Applied for h and c application inside canada for my mother in march 2024. AOR AND Biometrics was in apr 2024, since then no updates. applied from ontario, criminality is passed and eligibility and other assessments in progress. Anyone on the same boat. pls post or anyone recently got aip too pls post your timelines

 

[canuck78]

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!

We are seeing more H&C denials and we are going to see more that is just the current reality. It has become more difficult to become a PR in general. It costs a fortune to process H&C applications and processing of years does not benefit Canada and may not benefit the applicant. If reforms do happen and anyone. Involved in immigration will tell you they need to happen the goal will be to either prevent some people from qualifying for H&C or denying people very quickly. Nobody has to listen to me but they should be actively be trying to pursue other options and have a plan b, c, etc.

 

[canuck78]

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.

Decisions pending for what? Restoration or H&C? Was your visitor record denied?

 

[canuck78]

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.

The fact that people were able to apply for H&C many times without being removed is a failure of Canada’s immigration system but CBSA is now enforcing removals. You used to be able to put almost all removals on hold during H&C process but many are now being removed if the result of the H&C is not expected in the near future (I read the JRs). The previous H&C program can’t be compared to the current H&C program. Almost all immigration in Canada looks very different than it was over a year ago. It is now much harder to visit Canada, get a WP, get an SP, obtain PR, etc. That is why I encourage people to look at other countries options. Yes learning French may not be possible for everyone but for people who already speak French or who want to try and learn this may be a pathway to secure PR. Returning home to study or get a certain type of work experience may also be another option. H&C applicants need to think of other potential options because securing PR via H&C will likely be very difficult and you have little control over the outcome of an H&C application. Many who have no obvious route to PR are also considering these options.

 

[canuck78]

Applied for h and c application inside canada for my mother in march 2024. AOR AND Biometrics was in apr 2024, since then no updates. applied from ontario, criminality is passed and eligibility and other assessments in progress. Anyone on the same boat. pls post or anyone recently got aip too pls post your timelines

Most people are not hearing about AIP approval/refusal for over 2 years so your timeline is very normal.

 

[ibrahim0175]

You should be fine during the restoration period. The restoration is likely to be refused but will buy you more time. IRCC is stepping up their removals so if your mother is called to meet CBSA she should go to the meeting and if they do initiate the removal versus just checking in please consult a lawyer. If meeting CBSA your mother should highlight when she applied for H&C and whether she is close to receiving a response regarding AIP. Based on the JRs I have been reading trying to stay removals waiting for H&Cs if the response is expected soon JR is often awarded and removal put on hold. If CBSA still insists on removal contact a lawyer who will file a JR to try to stay the removal until she receives the outcome of the H&C.

Thanks,I appreciate your detailed advice.

 

[wiener]

The fact that people were able to apply for H&C many times without being removed is a failure of Canada’s immigration system but CBSA is now enforcing removals. You used to be able to put almost all removals on hold during H&C process but many are now being removed if the result of the H&C is not expected in the near future (I read the JRs). The previous H&C program can’t be compared to the current H&C program. Almost all immigration in Canada looks very different than it was over a year ago. It is now much harder to visit Canada, get a WP, get an SP, obtain PR, etc. That is why I encourage people to look at other countries options. Yes learning French may not be possible for everyone but for people who already speak French or who want to try and learn this may be a pathway to secure PR. Returning home to study or get a certain type of work experience may also be another option. H&C applicants need to think of other potential options because securing PR via H&C will likely be very difficult and you have little control over the outcome of an H&C application. Many who have no obvious route to PR are also considering these options.

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/528185/index.do
Have you read this JR and understand why some people from war torn countries are being refused H and C , and then JR is granted. This is one of the reasons for multiple applications.

 

[Taweda]

May I know when did they issue your AIP ? Was it in Vancouver office or Niagara falls ? I forgot

It was Niagara falls

 

[Ceegirl]

You should be fine during the restoration period. The restoration is likely to be refused but will buy you more time. IRCC is stepping up their removals so if your mother is called to meet CBSA she should go to the meeting and if they do initiate the removal versus just checking in please consult a lawyer. If meeting CBSA your mother should highlight when she applied for H&C and whether she is close to receiving a response regarding AIP. Based on the JRs I have been reading trying to stay removals waiting for H&Cs if the response is expected soon JR is often awarded and removal put on hold. If CBSA still insists on removal contact a lawyer who will file a JR to try to stay the removal until she receives the outcome of the H&C.

Hello Canuck, thanks for your replies. I am still in awe to what happened to mine cos I filed for a stay of removal as well pending the outcome of my H&C but it was refused!! Why wasn’t mine put on hold? I am just so curious….

 

[scylla]

Hello Canuck, thanks for your replies. I am still in awe to what happened to mine cos I filed for a stay of removal as well pending the outcome of my H&C but it was refused!! Why wasn’t mine put on hold? I am just so curious….

Based on the PRRA appeals I have seen, having an H&C application in progress is generally not a reason for a stay of removal unless a decision in that application is imminent.

 

[WellWell2021]

Don't panic about this, the CBSA is busy and has other priorities, so don't worry about it.
There are tens of thousands of people like you in Canada, if not hundreds of thousands, and they've been like this for years...
But you should apply for restoration before the delay of 90 days with good arguments

@bella12 I'm @wello711, this is my new account because I forgot the password of the old one

 

[WellWell2021]

@bella12 did you apply for your citizenship ?

 

[bella12]

@bella12 I'm @wello711, this is my new account because I forgot the password of the old one

Hello @WellWell2021 and rest of the members of this this forum... I greet you all.

Sorry I have not been active on this forum for years due to work. Time is extremely tight for me. Hence the reason you rarely see me here.

But first, allow me to introduce myself as I can see there are lot of new members in this forum. Some of the old members would recognize me tho.

I was once in most of y'all situation years. I came as student. Did not renew my visa. Remain in Canada for about 7yrs without status. Continued with my university education till I graduated. That's when I put in a H and C application and it got approved. Keep in mind I did it myself. Some of the old members like @WellWell2021 can attest to my claim and testimony.

Also, I have jkm like to give a shout to all the old members in this forum ( can't remember most of their names). This guys are immigration wizards. Even an immigration lawyer is NOTHING compare to this guys..

During my time, I have learnt a lot about h and c and can proudly say I am also a wizard in it.

Keep in mind before I join this forum, I use a lawyer and my application for refused. I almost tried and second lawyer. That lawyer almost scammed me of my money. I have wasted thousands using different lawyers. It got to the point I developed the confidence to do the application myself which for approved within 8month.

I have been a PR going to 3 years now. At the end of this year's, I will be applying for my Canadian citizenship to be a citizen.

I have also help some of the old members in this forum who today are now a PR. Shout out to @tony ( I hope I got his name correctly ). There are so many of them who I can't remember their names. All the advice I gave worked like magic....@WellWell2021 can also attest to this claim since he is an old member in this forum and was present during my time.

I decided to write this post because I notice @WellWell2021 recognized my presence in the forum today. I don't know how...but am glad he did. It been over years now. My greetings to you sir. Hope you have for your PR ?

Mostly importantly , the second reason for my write is because after reading the ordeal of so many of y'all new members in this forum, it is evident to me a lot of guys are NOT doing h&c the correctly . Also, it is evident to me that so many new members do NOT know the purpose of hand c application. They just use because it is available to them.

The core part that really for my attention the most when I read a lot of y'all comments is that a lot of you guys do not know how to approach a NEW h and c application after a previous refusal. I see lot of wrong advice on this forum which I know is a hit or miss or more guaranteed to get a new refusal.

When I see some people give wrong advice, it really saddens me because you are playing with the future of someone who is venerable.

Am free all day today. Pls, feel free to ask my any questions about h and c. I will do my best to respond .

Hope to hear from y'all..


Glad to see myself in this forum after about 5 yrs of absence.

 

[bella12]

@bella12 did you apply for your citizenship ?

This year ( 2025) is when I will complete my 3 yrs of PR residency in Canada. This means , I will become eligible to apply for my citizenship January 2026.