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Parent's PR - Humanitarian and Compassionate

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smartin View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote smartin Quote  Post ReplyReply Direct Link To This Post Posted: 03 Oct 2010 at 12:18pm
could you please say when did you send your application?

Edited by smartin - 03 Oct 2010 at 12:19pm
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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: 03 Oct 2010 at 1:18pm
please read my earlier posts in this thread...
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smartin View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote smartin Quote  Post ReplyReply Direct Link To This Post Posted: 03 Oct 2010 at 3:11pm
Originally posted by pla1 pla1 wrote:

please read my earlier posts in this thread...


thank you for your reply, pla1. :)
we are in the same situation as you. we've just file 2nd TRV extension for our Mum and in a waiting status for decision.
I read all your thread and wish to thank you for having it started and keeping it updated. it's very informative for people in the similar situations.
on reading your posts I've come across some questions I would like to get more information about. would you mind me asking you for some clarification?
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smartin View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote smartin Quote  Post ReplyReply Direct Link To This Post Posted: 03 Oct 2010 at 3:16pm
Originally posted by pla1 pla1 wrote:

it sounds to me that she cannot apply for it while she has legal status in Canada as TRV.

we are planning to apply for our Mother's H&C application and she is in the implied status due to waiting period for her TRV extension.
is she still eligible to apply for H&C?
if they grand her extension, does it mean that she cannot apply for H&C and had to wait till her extension period is over?
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smartin View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote smartin Quote  Post ReplyReply Direct Link To This Post Posted: 03 Oct 2010 at 3:19pm
Originally posted by pla1 pla1 wrote:

Dear all:


I have been checking the status of the PR application online at CIC website, and it says that the application is in process.
 


what is the way to check the on-line status of H&C application? do they send an AOR letter and a file number somehow?

thank you in advance for all your help and inputs.

sending a good luck to you and your Mother! :)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pla1 Quote  Post ReplyReply Direct Link To This Post Posted: 03 Oct 2010 at 5:24pm
What I understand from the guideline for applying PR under H&C, as long as your mom is residing in Canada with a legal status (such as TRV) She cannot apply PR under H&C. May be in unusual situation, such as havoc (war, disintegration of the country, or ethnic violence, terrorism etc) back in your country creates situation in which your mom will no longer be able to return home, they may allow it... I am just guessing this scenarios. You will have to check with legal experts to see if you could apply PR under H&C if your mom is still under TRV status.

After applying for PR under H&C, we use the Client Number to check online for the status. The same Client Number applies from TRV to future application whether TRV or else (PR under H&C for my mom's case).
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smartin View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote smartin Quote  Post ReplyReply Direct Link To This Post Posted: 03 Oct 2010 at 11:40pm
thank you for your reply. :)

is it legal to apply for H&C being in the implied status - this way our Mom's TRV status will be uncertain as we haven't heard the decision yet?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mariner33 Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jan 2011 at 11:08pm
I am new to the forum and just joined as I was searching for information for applying on Humanitarian grounds. I need help. We are eligible for sponsoring my mother in law and have been persuading her to come to Canada since many years. She never wanted to come as she lived with her only son. Lately there is new development in our family. My mother in law came to visit us in August 2010 on vistors visa. She has one son and two married daughters living in Pakistan. Last month my brother in law got the US immigration under sposorship and will be leaving for US in March 2011. At the same time one of my sister in law and her family will be moving to Italy on a job and will be leaving this month. My elder sister in law who is widow will be joining her son who works in Saudi Arabia. Now that all of my mother in law's siblings will be leaving Pakistan and she, has no home to go back to Pakistan to live in. My mother in law is 70 years old and she is a widow. She as well as us are worried about her. I have now applied for sponsorship in November 2010 and I see there is atleast 6-7 years for sponsorship application to process. I read in this thread that there is an option to apply under humanitarian and compassionate grounds. What I am planning is to apply for vistor visa extension come February 2011 (her current visa will expire in April 2011) to gain some time and then apply for Temporary resident visa for the period her sponsorship application is processed. I read in this thread that I can apply for her PR while living in Canada. Can some one guide me in the right directions what shall I do to keep my mother in law in Canada as she has no home to go back to Pakistan.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pla1 Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jan 2011 at 11:47pm
What I understand from the guideline for applying PR under H&C, as long as your mom is residing in Canada with a legal status (such as TRV) She cannot apply PR under H&C. May be in unusual situation, such as havoc (war, disintegration of the country, or ethnic violence, terrorism etc) back in your country creates situation in which your mom will no longer be able to return home, they may allow it... I am just guessing this scenarios. You will have to check with legal experts to see if you could apply PR under H&C if your mom is still under TRV status.

Read carefully the guideline for H&C PR application, it clearly says as long as your mother-in-law is in valid TRV visa and living in Canada, she cannot apply for H&C.

Who may apply?

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

1. currently live in Canada;

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

and

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


Refrering The last bullet in Item 2 above, She can keep on applying for TRV... and as long as she eligible to apply TRV, she would not be able to apply for PR under H&C.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote greendragon75 Quote  Post ReplyReply Direct Link To This Post Posted: 16 Jan 2011 at 10:03am

i have one question :

Is it possible to aply under H&C and aply normal family class sponsorship TOGETHER ?
 
I mean in the end the result is the same - to have PR.
 
And both programms take a lot of time - so better be sure or its not possible?
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