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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: 16 Jan 2011 at 11:24am
Hi Greendragon75,

As per PR under H&C Guideline, the person you are sponsoring should be living in Canada. And while he/she is living in Canada, that person also should NOT BE eligible to apply PR for these classes - Spouse or Common-Law Partner, Live-in Caregiver, Protected Person or Temporary Resident Permit Holder.

Now if you have your parents currently living in Canada with Temporary Resident Visa, there's no way that you can apply for PR for that person under H&C. Because your parent(s) are still eligible to extend their visa. In this situation, you may start applying to sponsor them for PR as a normal case.

Therefore, you may proceed to apply to sponsor your parents for their PR as a normal family class at this time, but since the first step of processing to your sponsorship application might take long time - currently CIC website is showing 40 months, during that time, you would be extending your parents tourist visa several times. In that 40 months period you will be extending probably 5 times.. but they do not extend the tourist visa for more than 3 years..... therefore, at the end of that 40 months, your parents should be going back to their country. But if they don't want to go back and remain in Canada... only option is to apply for PR under H&C. Then both normal class and H&C application will overlap.

Decision is your to make... if you think there's war like situation, or impossible for your parents to go back to their country.... then you should be opting for H&C.. you might need a lawyer. I am not a lawyer.
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greendragon75 View Drop Down
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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 8:03pm
Hi. 
Ok. Thank You.
 
But if i invite my mother for 6 months with normal tourist visa, after 6 months i can start application under H&C and aply for normal sponsorship together isnt it ?
 
I mean she will be still with tourist visa not TRV so no restriction for both cases
 
Am i wrong?


Edited by greendragon75 - 16 Jan 2011 at 8:04pm
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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: 16 Jan 2011 at 10:16pm
TRV & tourist visa are the same. TRV stands for Temporary Residents Visa that includes tourism, guest and study.

Edited by smartin - 16 Jan 2011 at 10:19pm
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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: 18 Jan 2011 at 8:22pm
Hi Greendragon75...

I thought your mother is already in Canada. Since your Mom is outside Canada.....

1) you can start applying to sponsor her for Permanent Residence. It's has nothing to do with your mom, the applicant is you. This sponsorship application is to be sent to CIC-Missuasaga, and it will sit there for about 40 months (as per CIC website http://www.cic.gc.ca/english/information/times/perm-fc.asp). This is called the Step 1 - Assessment of Sponsor. If you are doing this right now.. then probability of getting tourist visa for her is very dim, and your mom will not be able to come to Canada for 40 months during this first step of prcoessing.. as well as when you are approved to sponsor, then she will have to apply for PR in the Step 2. The processing of Step 2 is dependent on which country you are applying and could take another 30 - 40 months. During this Step 2 also, there's a very slim chance to get tourist visa fro your mom.

2) Therefore, you better apply for tourist visa for your mom first. Let her come to Canada. But once she is here in Canada... she is not allowed to apply for PR under H&C, since she is still eligible to apply for Visa extension. However, after she arrived here, you can still apply for sponsorship... and that application goes to CIC-M and will sit there for 40 months !!

3) Else, you get here in Canada... extend her visa for several times until they refuse to extend the visa, and once that happens, then she can apply for PR under H&C, and until the decision is made for this application, she can stay in Canada by further extension of her Visa.


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Tamara View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tamara Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2011 at 10:12am

Hi pla1, we are in the same boat as you. We received a letter from CIC-V dated January 29, 2010 – our case was transferred to Mississauga. However we haven’t heard from that office since

 

I am confused with 2 steps…

My guess the 1st step is Vegreville and the 2nd step is your local office.

 

Correct me if I am wrong, we are now at the 2nd step of the process which takes 15 months…http://www.cic.gc.ca/english/information/times/perm-other.asp

 
thank you!
Originally posted by pla1 pla1 wrote:

Last Friday (Oct 1) we got a letter from CIC-V. It says that the file has been transferred to Calgary office.. and they will contact for interview or further information, if required.

So we just have to wait the corresponence from Calgary office. Don't know how long it will take before we can hear from Calgary.
 
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pla1 Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jan 2011 at 12:19pm

Hi Tamara,

We got letter from CIC-Calgary Center dated October 8, 2010. We had applied to Vegreville sometime in the end of January 2010. I am not really clear if moving the file from Vegreville to local centre-Calgary is considered as a STEP 1. But you are right, the STEP 2 shoudl take 15 months according to CIC website mentioned.

However, The letter dated Oct 8, 2010 CIC-Calgary says really funny thing. It says

"As you are aware, the Case Processing Centre in Vegreville referred your application to the Calgary office for review. You may have been advised that case would take a minimum of 7 months for review. Unfortunately, due to other departmental priorities and high volumes we are unable to process your case within this time frame orginally communicated to you. What follows are the  anticipated time frames: Cases received October 2010 are estimated to be reviewed Febrauary 2017. The estimated review is based on the current situation, however remiedial measures have been put in place in an effort to reduce the estimated review time"

My head is still spinning at seeing the new date they gave in the letter, which is February 2017. I hope they mistakenly wrote 2017 instead of 2011. And also, I still think that our application is in STEP 1, because the letter says the application was sent to CIC-Calgary for review. Not sure, but to me "review" means STEP 1 (Initial Assessment)

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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: 26 Jan 2011 at 1:38pm
2017! Wow! Does it mean that you can legally stay in Canada till 2017?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pla1 Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jan 2011 at 5:24pm
well, as I said, I do not want to believe February 2017. And I really want to believe that they have made a mistake and they meant 2011. The logic behind why it should be February 2011 is that if it's that far in year 2017, they would not even quote the month  - February for year 2017. The only reason they quoted "February" month is because their review is coming nearer, but it is not happening sooner than the seven months they conveyed.
 
My mom can stay here until the decision on PR under H&C is made.. all she needs to do is keep on applying for extending her TRV (temporary resident visa or toursit visa). Boy it would be heck lot of extensions to her visa if she has to really wait until Feb 2017.
 
They also advised in the letter that she cannot leave Canada (almost prisoner) during the processing of her PR application, and if she does there's no guarantee that she would be allowed to return to Canada. Something like this:
 
"Please note if you leave Canada, there is no guarantee that you will be re-admitted so that you can continue with this application."
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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: 26 Jan 2011 at 8:42pm
thank you for your reply. have you tried to extend your mother's visa? if yes, how, did you word it? is there a good chance that they would extend her stay?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mariner33 Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jan 2011 at 11:49pm
Thanks "Pla1" for your reply of 5th Jan2011 explaining that I can not apply for PR on Humanitarian and Compassionate grounds for my mother in law whereas you quoted the section from the guideline emphasising on the last point i.e. "Temeporary Resident Permit Holder" saying that as long as my mother-in-law is in valid TRV visa and living in Canada, she cannot apply for H&C. I was doing bit of research and read Chapter OP11" Temporary Residents" which gives in great details on Temporary Residents. I make out that TRV and TRP is not one and the same thing. Under section 23 on page 23 it distinguishes between the two

23. Procedure: Applicants for temporary residence with in-Canada applications

for permanent residence in progress

The Immigration and Refugee Protection Act and its Regulations permit certain foreign nationals to apply for permanent residence from within Canada. Given that processing times for in-Canada applications can be lengthy, in some instances, an applicant may voluntarily and temporarily leave Canada during the processing of their application.

When processing applications for temporary resident visas for foreign nationals with an application for permanent residence in Canada in progress, officers should take into consideration whether approval in principle (first-stage approval) has been granted. It is consistent with IRPA, and in the best interests of both CIC and the applicant, to facilitate the re-entry of these applicants as temporary residents in order to continue processing their application for permanent residence from within Canada.

Note: Officers should note that issuing a temporary resident visa (TRV) to facilitate return will permit these applicants to be granted permanent residence from within Canada. A temporary resident permit (TRP) will not.

All in-Canada class applicants, except those in the spouse and common-law partner in Canada class (IP 8) and the permit holder class, must not be inadmissible at the time of their PR application. Therefore, if these TRV applicants return to Canada on temporary resident permits (TRP), they are, by definition, inadmissible and their applications for permanent residence from within Canada will be refused under R72(1)(e)(i), regardless of how close to finalization the application is at the CPC-V or at an inland CIC office. In-Canada officers have no option but to refuse these applications.

Please see text above in RED.
 
Where possible, visa officers should counsel applicants of the importance of maintaining their legal immigration status in Canada until becoming permanent residents and advise them of the need to apply through the CPC-V for an extension should the PR case processing not be finalized prior to expiry of the period authorized for their stay in Canada. As well, applicants should be advised that if their application for permanent residence is refused, they would have to leave Canada.
 
The same OP11 at page 24 as mentioned above advise to maintain legal status in Canada as highlighted in RED above. Correct me if I am wrong that it means that PR on Huminatartian grounds can be applied while on TRV but not on TRP as is the condtion mentioned in the guidelines.
 
I also saw on another forum canadavisa.com that some one explained the difference as follows:
TRV = visitor visa
TRP = permit (used to called minister's permit) is issued to a person who is inadmissible to Canada.

http://www.canadavisa.com/canada-immigration-discussion-board/trv-vs-trp-t9185.0.html
 
Can someone add to the above that my understanding is correct.
 
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