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Parent's PR - Humanitarian and Compassionate

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zainj View Drop Down
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Joined: 01 May 2011
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Post Options Post Options   Thanks (0) Thanks(0)   Quote zainj Quote  Post ReplyReply Direct Link To This Post Posted: 01 May 2011 at 5:16pm

I am new to the forum and my parents case is very similar to pla1.
 
Question: In 2007,I applied at CIC-Missisuasaga for sponsoring my Parents for PR. This application hasn't open yet and current processing time is 43 or more months.I have extending their TRV Visa.Can I apply on Humanitarian grounds for my parents as they are already here in canada with their pending case of sponsorship at CIC-Missuasaga.Also do we have to withdraw parent's sponsorship case first from CIC-Missisuasaga and then filed their Humanitarian Grounds case here in Canda,I need help.

I also have some confusion on IMM 1344A : APPLICATION TO SPONSOR AND UNDERTAKING Section C Question 5 on Page 3
"Have you submitted a previous sponsorship application in respect of which a final decision has not been made for any of the persons named in this section?"
select Yes or No.
As I already signed APPLICATION TO SPONSOR AND UNDERTAKING form for my parents sponsorship in 2007 and now it is the same 1344A form which I have to sign as a sponsor to filed their case on Humanitarian grounds,so here I want to know can I consider both (1344A) undertaking forms are seprate in both cases.(Parent sponsorship/Humanitarian Grounds)

Thanks very much,any help will be appreciated.

ZainJ
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xperia View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote xperia Quote  Post ReplyReply Direct Link To This Post Posted: 08 May 2011 at 6:59am
 


Edited by xperia - 08 May 2011 at 7:04am
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xperia View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote xperia Quote  Post ReplyReply Direct Link To This Post Posted: 08 May 2011 at 7:03am
Dear all,
first of all, i have read most of post in this H&C topic and i really appreciate those sharing experiences. however, i did not come across any story similar to mine.
I am married to a permanent resident (my wife and she will apply for canadian citizen later this year) in early 2010 and have a son just 5 month-old. till now, i could not figure out a best way to apply for canadian permanent resident. i think my best choice is the H&C. let me tell you my story:
i was a international student in U.S. and i involved in a sham marriage in 2001. I went to court in 2007 and asked for volunteery departure 2008 and i left in march 2008. my history background shows in the FBI Record the date i was received and immigration law violation. I think the H&C is my best choice but i am still not sure whether my history background in this H&C process would be less severe to my future H&C case.
I try to make this story short and i will try to explore some other stories of the H&C.
my questions are that:
I couldn't wait 5 years to do rehabilitation and another 5 to apply for permanent resident, since i now feel so lonely without my wife and my new born son around.     
will my U.S. history background affect my case? if so, how? whether i would go through this process with my criminal history record?
could anyone, please, give me the best advice. Thank you so much and i will be back. 
from xperia:
 
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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: 08 May 2011 at 11:10am
Hi Zainj,

Yes, as per http://www.cic.gc.ca/english/information/times/perm-fc.asp the processing time for 1st Step for parents Sponshorship application is 43 months. According to that website, currently CIC-M is processing the applications to Sponsor parents/grandparents received up to Sept 7, 2007. As you said you applied this application in 2007 (month not clear), therefore, in about 1-3 months you application will be processed. I don't think you will have to go to the extent of applying for PR under H&C. You are already there at the doorstep.

The best option for these couple of months to come for you is to wait a letter from CIC-M. Till then keep on extending the TRV of your parents who are already in Canada. They extend the TRV at least up to 3 years from the date of entry. When did they arrive in Canada?
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Juzar View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Juzar Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2011 at 8:23am
Please Assist,
 

My mother has been to Canada on a temporary visa of six months and my sister had extended her visa and she has lived in Canada for two years before coming back to Kenya. After that we had applied for a temporary visa twice and they rejected and live in caregiver once which they also rejected. The reason for rejecting the temporary visa was Close family ties in Canada.

 

I have got permanent residence visa and am suppose to report in Canada before 7th October 2011. My sister is settled in Canada and she is a Canadian residence. She has sponsored my mother one and half year ago but they say it will still require three and half years before the sponsorship can be complete. My younger brother is in Canada studying to student visa and has no intention of coming back to Kenya.

 

My mother is staying with me currently and the problem is that there is no one to look after her if i migrate to Canada. I wanted assistance on how i can also take my mother together with me so that we can all go and settle in Canada. I cant just leave my mother alone in Kenya.

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scylla View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2011 at 12:36pm
Unfortunately your options are very limited.

Your mother could try applying for a visit visa again. However given she was rejected before, she has a PR application in the works and all of her children will now been in Canada, it seems unlikely she will be approved.

If she can't obtain a visit visa and doesn't qualify to immigrate independently (i.e. as a nanny, skilled worker, etc.) - then she really has no choice but to remain in Kenya until your sister's application to sponsor her has been completed.

If she can't be left alone in Kenya, then one of you will have to make the difficult choice to return/remain in Kenya with her.
Outland Spousal (Buffalo):
App recd: 05/28/2010
Sponsor approved: 06/28/2010
Processing started: 08/19/2010
Passport request: 10/01/2010
Landed: 10/05/2010
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Juzar View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Juzar Quote  Post ReplyReply Direct Link To This Post Posted: 29 May 2011 at 7:03am
Thank you very much for your advice. Cant apply on humanitarian grounds? I really want to come and start a new life in canada. I am willing to try anyway.
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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: 29 May 2011 at 10:25am
Hi Juzar,

PR application under Humanatarian and Compassionate Considerations is for persons in Canada who would suffer excessive hardship if they had to return to their home country to apply for permanent residence in Canada.

Since your Mother is in Kenya, H&C application will not work.

You can come to Canada in Oct 2011, and then once your get your PR card, you may return Kenya to live with your Mom time to time.

******

Keeping your permanent resident status

Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period.

******

Hopefully, by then the sponsorship application of your sister will be processed... in any case, your mom will have to remain in Kenya alone for a while.  Let's hope that once you become landed permanent in Oct 2011, your mom's PR application will be completed by 5 years.





Edited by pla1 - 29 May 2011 at 10:37am
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Juzar View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Juzar Quote  Post ReplyReply Direct Link To This Post Posted: 30 May 2011 at 1:36am
Thank you guys for your advice. I guess Canadian Laws are very tough. If there is no options for me then i will have to do that. Come to canada in october get my PR card and go and live in Kenya for 3 years with my mom. I will be three years wasted of my life.
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mam2011 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mam2011 Quote  Post ReplyReply Direct Link To This Post Posted: 26 Oct 2011 at 9:36am

Dear All,

Im new in this forum, i have almost similar case of Juzar. I have to be in Canada (land/first land) in 2 June 2011. I am heading to Alberta first.

I think living with the mother (look after her) is not waste of time Juzar.

thank you all for the useful information

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