Parent's PR - Humanitarian and Compassionate

Hi pla1!

February 2017! Wow! There must be a typo. Have you called Calgary center about it?

Edited by Tamara - 28 Jan 2011 at 10:25am

Hi Mariner,

Don't get confused with Temporary Resident Permit, which does not even apply to your mother-in-law. Your mother-in-law is already in Canada with Temporary Resident Visa (TRV) which is actually in more general term nothing but a tourist visa (visitor visa). Your mother-in-law should satisfy following three points as per the guide to be able to apply for Permanent  Residence under H&C as in-Canada application.

Who may apply?

You (your mother-in-law) may apply for permanent residence on humanitarian and compassionate grounds if you:

1. currently live in Canada; (this does apply to her.. so it's OK)

and

2. are not eligible to apply for permanent residence from within Canada in any of these classes:

• Spouse or Common-Law Partner;
• Live-in Caregiver;
• Protected Person; or
• Temporary Resident Permit Holder

   (She cannot apply for Permanent Residence in any of the above 4 categories. Temporary Resident Permit holder is very special category, the person may be from warzone or for some other reason, that person may came to Canada with this permit and he may not even have a passport. Such as refugees. Once they come here with this permit, they certainly can apply for PR within Canada. You should forget about OP11 - this is a manual for the consular/visa officer in making decision to approve TRV or TRP.  So this Conidtion no. 2 is also good for your mom)

and

3. believe you would experience unusual and undeserved or disproportionate hardship if you were required to leave Canada.

(Condition 3 is the main one since your mother-in-law is 100% OK with previous two conditions. This 3 will either make or break your application, where you have to prove hardships yada yada.)

Problem is, if you apply now for PR under H&C, and they decide unfavorably, then she will have to leave Canada no matter what. This is why in our case, we kept on extending her TRV 5 times, so that she could stay with us as long as possible. But, in the sixth application for extending her TRV was rejected. As soon as that happend, she had no visa to remain in Canada but in the implied-status. when that happens, you could still remain in Canada for 90 days (called implied status) and do something about it.

The only option left is to apply for PR under H&C. But along with that you also have to apply for Restoration of the TRV. CIC accepted PR under H&C application as well as approved the restoration of TRV.

Now until the decision is made on PR application, we have to keep on applying for extension of the TRV. Just recently we applied for the first extension after restoring the TRV, we are still waiting for the result.

Nope.... February 2011 is in the past.. March has just begun, and we have not heard from CIC-Calgary as of today. In a few weeks we are planning to call the CIC-centre to see if they really meant Feb 2017 in the last letter. If it's really true, then we will have to make a move accordingly.. we cannot wait for such a long long time... may be time to leave Canada... if only I can find job in USA or somewhere I will not have trouble taking mother as well.

What's the point of staying in Canada and both of us (husband and wife) working hard, playing thousands of dollars in taxes (almost $34K per year) and yet they don't allow my one mom to stay with us? This is bullsh*t trap for us to bear.

The situation is still status quo.. no letter nothing from CIC....

Regarding TRV extension, we applied on Dec 04 2010. According to CIC website, it's taking 145 days to be processes, and currently they are processing application recieved up to Nov 15, 2010.

Regarding PR under H&C, since the file was moved to CIC-Calgary on Sept 27, 2010... have not heard anything... they are saying on the wibsite that they are processing application received up to June 15, 2010. I don't know how to understand this June 15 2010.. because we applied on Jan 29, 2010... and then the file got transferred to CIC-Calgary in Sept 2010.... therefore, it's not clear if they are processing our application or not... it's very confusing..

congratulations mariner33! just wander if they has changed the rules for extension of stay or you had a special conditions for such a long stay?

we really need advise as we are planning on extending stay for our Mom too, but not sure to extend or apply on Humanitarian grounds?

does anyone knows how long H&C takes for people living in Ontario?

thank you very much in advance for all your inputs!