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Parent's PR - Humanitarian and Compassionate

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Immigration Expert View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Immigration  Expert Quote  Post ReplyReply Direct Link To This Post Posted: 12 Dec 2009 at 9:13am
Hi there,
 
After applying for H&C you may try to restore your mom's TRS (withing 90 days). I had several clients in the past who, based on their ongoing H&C, were successful to restore their TRS. You can review and use the following case law: Stanislavsky v. Canada (Minister of Citizenship and Immigration), [2003] F.C. and Patel v. Canada (Minister of Citizenship and Immigration) [2006] F.C. 224
 
Good luck to you!Smile


Edited by Immigration Expert - 12 Dec 2009 at 9:14am
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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: 12 Dec 2009 at 12:38pm
Dear Ralph and Immigration Expert:
 
Thanks for the valuable information. We are in Calgary. If we were in Toronto areas  we would have sought your legal assistance in filing H&C to CIC-V.
 
1. The last temporary resident visa (visitor) of my mother was valid until Sep 30, 2009.
2. We applied for extension (this was the 5th time) on August 25, 2009.
3. But CIC-V takes 2-3 months to process. They always asked her to stay until she hears their decision. Finally, on Dec 02, 2009, they wrote a letter informing that the request for TRV was denied and leave as soon as possible. By the time we received the letter now she is already Out-of-Status living in Canada.
4. Now we will be applying for H&C immigration for her.
5. The application (IMM 1249) for restoring the temporary resident status (TRS) needs to filed within 90 days from the last visa expiry date. Problem is since CIC-V sent their decision later and therefore there's not enough time left to apply IMM 1249 to restore the TRS. Out of 90 days, they burned up 68 days.
 
Anyways, we will be applying within two weeks to meet that 90 days requirement for TRS, to be in safe side, as well as along with that we will be sending H&C application. As per Page 8 of IP5 guideline, there's a table showing which forma are required, had i not look into this one I would have missed IMM 1249.
 
So after applying all the following forms and documents, Can she continue staying in Canada until she hears the decision on IMM 1249?
 

3.1. Forms required

·         Application to change conditions, extend my stay or remain in Canada IMM 1249

·         Application for permanent residence from within Canada - Humanitarian and compassionate considerations IMM 5001

·         Supplementary information – Humanitarian and compassionate considerations IMM 5283

·         Document checklist – Humanitarian and compassionate considerations IMM 5280

·         Instruction guide – Applying for permanent residence from within Canada – Humanitarian and compassionate considerations IMM 5291

·         Application to sponsor and undertaking IMM 1344A

·         Document checklist – Sponsor IMM 5287

·         Use of a representative IMM 5476

·         Authority to release personal information to a designated individual IMM 5475

·         Request for screening action IMM 0703B

Thanks..... Thanks....

 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Immigration  Expert Quote  Post ReplyReply Direct Link To This Post Posted: 12 Dec 2009 at 5:55pm
Hello there,
 
Thank you for your warm words.  Based on what you said earlier, you mom's TRS was refused on Dec. 2, 2009.  It means that from September 30, 2009 until Dec. 2, 2009 she was in implied status in Canada and, therefore, resided here legally. It also means, that she has 90 days, starting Dec. 2, 2009, to apply for restoration on her TRS. I believe it should make you happy and give you more time to properly prepare your mom's file. 
 
I would also advise you to take legal advice from a lawyer/CSIC member located in Calgary to make sure that you understand the H&C & TRS application procedures.
 
Good luck!Smile
 
 

A temporary resident must apply to extend their period of authorized stay before it ends. If they

have done so, their period of authorized stay as a temporary resident is extended by law until a

decision is made [R183(5)]. Such a person is considered to have implied status as a temporary

resident during that period. If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the

same conditions pending a determination of their application for renewal) apply only as long as

the person remains in Canada.

 

More info at: http://www.cic.gc.ca/english/resources/manuals/ip/ip06-eng.pdf

 

If a visitor, worker or student has lost their status, they may apply to reinstate or restore their

status in accordance with R182. This regulation only applies if the temporary resident has not

been out of status for more than 90 days, and they have not failed to comply with the specified

conditions.

 

If an applicant applies to renew their visitor status, or their work or study permit, after their

temporary resident status has expired, but within the 90-day restoration period, CPC-Vegreville

will inform them that they must also apply for restoration of their status, if they have not already

done so. The applicant will then have 90 days from the date of notification to submit their

restoration application and the corresponding fee, which is presently $200 [R306].

Restoration of status cannot be granted at the POE. Individuals who have failed to comply with

the conditions imposed under R185 need to apply in Canada for restoration of their status. If they

leave Canada, they will be deemed to be seeking a new entry on their return.

 

Note: A person must still satisfy the officer that they are a genuine temporary resident and meet all the

requirements of the Act, in order to qualify for restoration.

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bulone Quote  Post ReplyReply Direct Link To This Post Posted: 13 Dec 2009 at 9:00am
Hi Pla1,
I'm in the same boat as you are but, one difference being, I'm the applicant. I've filed my application last year and, in this month, it's been almost two years now.  When I made an enquiry with respect to my application couple months back, I was told that it would take another 36 months to finalize. I was devastated mainly because my lawyer lied to me that it would take around 6 months when I hired her.  But what could I do even she had told me the actual processing time; I had to apply it anyway for I was warned by CIC that they would not grant another extension for my TRV unless I lodge H&C application.

I have been extending my TRV since I arrived here and never let it expired. But, let me tell you one thing, don't get frustrate over the time taken to process extension. In first couple of extension, they usually respond before it get expire. But, after that, it takes very long. They might not respond you two to three months after it expire. In my case, at one time, I was on expired TRV for over a year while I was waiting for the extension; when I made an enquiry, officer told me not to worry and my status was still legit. He went on said I would be given enough time to appeal if for any reason my application were refused.

As a final note, I'd like to tell you that you mom application may be processed faster than mine on the ground that you are in Calgary. The city I live in is known for high rate of backlog. So, if I may, I like to suggest you to lodge your application and wait for the result. I wish your mom best of luck.


Edited by Bulone - 13 Dec 2009 at 9:11am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pla1 Quote  Post ReplyReply Direct Link To This Post Posted: 13 Dec 2009 at 10:36am
One Again thanks a lot "Immigration Expert" for all those information. Now the things have become much clearer. Now I can convince my mom that she's not "out of status" until Dec 2 2009. And now although she's technically "out of status" after that day, still 90-day is available for applying "restoration of her TR status" and "PR under H&C grounds".
 
Just wondering, should we sent the H&C application first, and then after a few days send the application for "restoration of TRS" giving the reason that PR (H&C) application has been already filed and therefore would like to restore the TRS pending the decision on the PR application? Indeed, the case of Stanislavsky v. Canada (Minister of Citizenship and Immigration), [2003] was quite a read and helped me immensely to understand the technicalities of the issues.
 
THANKS.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Immigration  Expert Quote  Post ReplyReply Direct Link To This Post Posted: 13 Dec 2009 at 11:10am

All pleasure is mine! The current time frame for the processing of TRS extensions/restorations is 95 days and H&C processing times “First Stage Approval only” 4-5 months.  More info http://www.cic.gc.ca/english/information/times/canada/process-in.asp You can file them simultaneously or the way you described earlier.

Good luck!Smile 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pla1 Quote  Post ReplyReply Direct Link To This Post Posted: 13 Dec 2009 at 11:14am
Hi Bulone:
 
Thanks for your words here to encourage me. I have heard that it may take several years to finalize on H&C PR application, I understand that. So during that entire period the applicant is on her own for health care or do they allow provincial helath care? Luckily, my mom is in good health... and so far never had to go and see the doctor in last three years of her stay here with us in Calgary. She's a retired doctor from Burma... but as I mentioned earlier never had any savings from her practice.. that's Burma, as you all know.
 
There's a burmese buddist monk in Calgary, who also applied for H&C PR or under some other category (probably protected/religious people).. for him it's already been 5 years, no verdict yet.
 
Sponsoring her is not a problem at all.. I have a permanent job an engineer at The City... and my wife also works at The City, so far she's still temporary employee.
 
Regards/Thanks.
 
 
Originally posted by Bulone Bulone wrote:

Hi Pla1,
I'm in the same boat as you are but, one difference being, I'm the applicant. I've filed my application last year and, in this month, it's been almost two years now.  When I made an enquiry with respect to my application couple months back, I was told that it would take another 36 months to finalize. I was devastated mainly because my lawyer lied to me that it would take around 6 months when I hired her.  But what could I do even she had told me the actual processing time; I ..........
 
, I'd like to tell you that you mom application may be processed faster than mine on the ground that you are in Calgary. The city I live in is known for high rate of backlog. So, if I may, I like to suggest you to lodge your application and wait for the result. I wish your mom best of luck.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bulone Quote  Post ReplyReply Direct Link To This Post Posted: 13 Dec 2009 at 11:38am
@PLA1
Don't mention it. To answer your health care question, OHIP doesn't cover those who don't have permanent residency status. At least he/she needs to be approved of protected person status. There is one exception though. I'm not sure what the name of the system is but it's not OHIP; there's a system that pays medical care for refugee applicants. If a person apply for H&C application after he/she being refused of protected status then their medical care will be continued to cover by that system until he/she gain PR. In our cases, we are on our own because we weren't refugee applicant before we apply H&C. So, no, that would be from on own pocket.





Edited by Bulone - 13 Dec 2009 at 12:27pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pla1 Quote  Post ReplyReply Direct Link To This Post Posted: 14 Dec 2009 at 9:24pm
Dear Bulone:
 
I think I understood which Federal health care program you are indicating... that's only applicable to refugee applicants.
 
In that case are you buying certain type of insurance for health coverage? I have no clue.. and we have not bought even "emergency medical insurance" which covers nothing but only applicable when emergency accident occurs...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bulone Quote  Post ReplyReply Direct Link To This Post Posted: 15 Dec 2009 at 5:02pm
Although I'm in perfect shape,I did inquire about health insurance at local banks soon after I arrived here just to be on the safe side. Surprisingly, they had no clue whatsoever as to the insurance that covers foreigner like me. They didn't even know where to look for when I asked. After some research, I found out that there were private companies that offer those products. Sorry, I can't recall what their names are as it's been long time now. So, anyway, I changed my mind and didn't buy it. I thought and still think it is pointless to buy coverage when I'm pretty healthy.(had been no cold for as long as I can remember). I know it's risky and how expensive health care cost can be. I had a taste of it when I visit to walk-in clinic to make sure my HpB immunization was still in effect. I was charge for like $120 just to see the doctor to ask him to prescribe blood test for that matter. But I don't feel it's worth to spend around $80 a month for health care at my age. In your case, I strongly suggest to buy one as your mom is around 70 and it would be too much risky to stay without it.
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