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Parent's PR - Humanitarian and Compassionate

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pla1 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pla1 Quote  Post ReplyReply Direct Link To This Post Posted: 09 Dec 2009 at 11:52am

Some new info I found.. it would be a good read of IP5 policy Manual before applying for H&C PR application.

 

CIC Update on IP5: Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds


Monday, November 30, 2009

CIC has recently published the new IP5: Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds. It is a complete revision and replaces the previous version. Any previous version of IP 5 should be discarded.

The Canadian Council for Refugees has identified a number of positive changes, including:

  • Best Interests of the Child: somewhat enlarged section. Officers must carefully identify and examine all factors related to the child’s life, are encouraged to do interview as "for some applicants it can be difficult to express themselves in writing", must give factors affecting children "substantial weight", and must take into account country conditions and their potential impact on the child.

  • Assessment of Hardship: The officer must now examine the actual hardship that the applicant would face if refused (as opposed to the hardship of supposedly having to leave Canada only temporarily to apply for a permanent resident visa). Thus, the fiction of a temporary departure from Canada, in case of refusal of the H&C, has been removed.

  • Prolonged stay in Canada has led to establishment: this section is marginally improved and now states that it could apply even after a moratorium on removals has been lifted.

Download IP5: Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds in PDF format.

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pla1 View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote pla1 Quote  Post ReplyReply Direct Link To This Post Posted: 08 Dec 2009 at 2:20pm
My mother came to Canada with tourist visa in 2006 Nov just before my daughter was born.
 
In 2008 April, we applied at CIC-Missuasaga for sponsoring my mother for PR. This application will not even be opened up until after mid 2011 according to current processing waiting period of 32 months.
 
We have been extending her Temporary Resident Visitor Visa for 5 times... and now she has been here for exactly 3 years, and the last application for extension was refused. Which means now she has to immediately leave Canada.
 
My question is: Can we apply for PR on the "Humanitarian and Compassionate Considerations" basis, since she has no one back in her native country Burma?
 
She is a widow. Goind back means tremendous hardships to be dealt in that country, she's 72 but with very good health. During her three years stay in Canada never had to see a doctor. She herself used to be doctor back in her country. But she dosn't have earned anything much.. therefore, no savings at all. She raised me through her professional practice in Burma, supported me for everything and now I am here in Canada working full time, paying taxes and what not. It's only natural that now I want to support my mom and take care of her for her rest of the life.
 
Besides, if she goes back.. there's virtually no way for her to survive on her own... no social security, no pension (she practiced privately running clinic in her own small house), her passport will expire, and most probably she will not be able to get another passport given the nature of military government ruling Burma ruthlessly.
 
So, should we apply for PR based on "Humanitarian and Compassionate Consideration" ?
 
If applied, can she remain in Canada without having to leave during the processing period?
 
I heard that after the processing of this application begins, she is even eligible for health care. Is it true?
 
The website says that Vagreville process this type of application in 4 months, but once the processing begins, is it true that it may take 3-4 years?
 
Thanks a lot, if you could provide some answers to my above questions. Time is critical since we already received the rejection letter for temporary resident visa extension.
 
 
 
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