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Parent's PR - Humanitarian and Compassionate

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Family Class Sponsorship
Forum Description: A review of current sponsorship programs (permanent residence) promoting the reunion in Canada of close relatives from abroad.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=227
Printed Date: 23 Jul 2019 at 8:12pm


Topic: Parent's PR - Humanitarian and Compassionate
Posted By: pla1
Subject: Parent's PR - Humanitarian and Compassionate
Date Posted: 08 Dec 2009 at 2:20pm
My mother came to Canada with tourist visa in 2006 Nov just before my daughter was born.
 
In 2008 April, we applied at CIC-Missuasaga for sponsoring my mother for PR. This application will not even be opened up until after mid 2011 according to current processing waiting period of 32 months.
 
We have been extending her Temporary Resident Visitor Visa for 5 times... and now she has been here for exactly 3 years, and the last application for extension was refused. Which means now she has to immediately leave Canada.
 
My question is: Can we apply for PR on the "Humanitarian and Compassionate Considerations" basis, since she has no one back in her native country Burma?
 
She is a widow. Goind back means tremendous hardships to be dealt in that country, she's 72 but with very good health. During her three years stay in Canada never had to see a doctor. She herself used to be doctor back in her country. But she dosn't have earned anything much.. therefore, no savings at all. She raised me through her professional practice in Burma, supported me for everything and now I am here in Canada working full time, paying taxes and what not. It's only natural that now I want to support my mom and take care of her for her rest of the life.
 
Besides, if she goes back.. there's virtually no way for her to survive on her own... no social security, no pension (she practiced privately running clinic in her own small house), her passport will expire, and most probably she will not be able to get another passport given the nature of military government ruling Burma ruthlessly.
 
So, should we apply for PR based on "Humanitarian and Compassionate Consideration" ?
 
If applied, can she remain in Canada without having to leave during the processing period?
 
I heard that after the processing of this application begins, she is even eligible for health care. Is it true?
 
The website says that Vagreville process this type of application in 4 months, but once the processing begins, is it true that it may take 3-4 years?
 
Thanks a lot, if you could provide some answers to my above questions. Time is critical since we already received the rejection letter for temporary resident visa extension.
 
 
 



Replies:
Posted By: pla1
Date Posted: 09 Dec 2009 at 11:52am

Some new info I found.. it would be a good read of IP5 policy Manual before applying for H&C PR application.

 

CIC Update on IP5: Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds


Monday, November 30, 2009

CIC has recently published the new IP5: Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds. It is a complete revision and replaces the previous version. Any previous version of IP 5 should be discarded.

The Canadian Council for Refugees has identified a number of positive changes, including:

  • Best Interests of the Child: somewhat enlarged section. Officers must carefully identify and examine all factors related to the child’s life, are encouraged to do interview as "for some applicants it can be difficult to express themselves in writing", must give factors affecting children "substantial weight", and must take into account country conditions and their potential impact on the child.

  • Assessment of Hardship: The officer must now examine the actual hardship that the applicant would face if refused (as opposed to the hardship of supposedly having to leave Canada only temporarily to apply for a permanent resident visa). Thus, the fiction of a temporary departure from Canada, in case of refusal of the H&C, has been removed.

  • Prolonged stay in Canada has led to establishment: this section is marginally improved and now states that it could apply even after a moratorium on removals has been lifted.

http://www.cic.gc.ca/english/resources/manuals/ip/ip05-eng.pdf - Download IP5: Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds in PDF format .

http://www.cic.gc.ca/english/resources/manuals/ip/ip05-eng.pdf - http://www.cic.gc.ca/english/resources/manuals/ip/ip05-eng.pdf


Posted By: ralph dzegniuk
Date Posted: 09 Dec 2009 at 8:26pm
Yes, you can file an H&C application in situation such as yours.
I have dealt with a number of H&C's based on nearly indentical fact scenario (elderly parent unable or unwilling to return to home country due to lack of support over there and strong family ties in Canada) and they have been, by and large, successful... Even though they take a very long time to be finalized - 3 yrs. on the average, as you are probably already aware.
 
The only wrinkle in all this is that, in the interim, of course, your mother won't have any status in Canada. So, if she stays, she'll be here without status and will, sooner or later (and probably sooner rather than later) become subject of a section 44 report which could, in the long term, lead to a removal order. So, in reality, you will probably have to deal on two fronts - CIC with H&C and CBSA with deferral of removal pending the determination of the H&C application. I'd strongly urge you to seek professional (legal) advice on both fronts.
 
Don't hestitate to contact me should you have any questions or concerns,
 
regards,
 
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.)
Migration Law Chambers
82 Richmond Street East, Suite 305
Toronto, ON. M5C 1P1
Phone: (416) 548 9072
Fax: (416) 548 9092
http://www.migrate-2-canada.com/ - www.migrate-2-canada.com
mailto:ralph@migrate-2-canada.com - ralph@migrate-2-canada.com
mailto:ralphdzegniuk@hotmail.com - ralphdzegniuk@hotmail.com


Posted By: canadaturk
Date Posted: 09 Dec 2009 at 8:47pm
Here is our scenerio:
My partner (we are a same-sex couple) was approved for refugee status in 2005. We are applying for citizenship now.
Her mother is elderly (73) and has some health issues but nothing that cannot be controlled without proper care. She came to visit in 2007 and filed for refugee status but later withdrew the claim because her youngest son (age 37 and has hearing disability) was still in the country of origin and was constantly worrying about his well being. Despite us advising against going back she withdrew the claim.
We are thinking of filing an H&C application for both of them. We were told that we could sponsor the mother but not the son because he is over age 22. However he takes care of his mother and provides for all of her needs and she provides the financial support. Now my partner has visited a few times but it is very hard for her as she constantly has to conceal her sexual orientation on each visit and is very fearful each time. This places a severe hardship on her because she does worry about both of them but at the same time is taking a risk to just see them.
We cannot file a sponsorship at this time due to a bankruptcy and even if we did we could not include both of them.
Can an H&C even be filed if they aren't even here in Canada? We know they have a very low approval rate but this is the only application that seems to fit this situation. Any advice?


Posted By: ralph dzegniuk
Date Posted: 10 Dec 2009 at 10:12am
This is a rather complicated scenario.
So, to clarify, your partner's mother is here (in Canada) but her hearing impaired son is still back home, yes? If so, you have 2 options:
 
1) If her mother is really unable/unwilling to leave Canada, file for her an H&C as described above, but be prepared that in the meantime you will also have to deal with CBSA in order to have her removal order (which will be issued sooner rather than later given that she's here without status) deferred pending the decision on the H&C. CBSA likes to play "hardball" so it might be difficult to achieve it but with proper documentation it is not impossible. Given your bankrupt status and the fact that you are ineligible as sponsors at this point, De-Facto Family Member arguments will have to be included in the legal submissions as per the Manual.
 
At the same time, separately, you'd have to file an overseas Sponsorship with H&C request for the hearing impaired brother who's still back home. The Sponsorship is being filed only symbolically since he doesn't meet the definition of Family Class (given his age), you don't qualify as sponsors (for financial reasons) and, in addition, there might be medical inadmissibility issues due to "excessive demand" given his hearing impaired status (this is not necessarily the case but I have had cases before where hearing impaired people were rendered inadmissible due to excessive demand - this is really fact specific). So, in the legal submissions you would have to deal with all of these issues: De-Facto family member; excessive demand, Unusual, Undeserved and Disproportionate Hardship, etc.  It won't be easy, but it's not impossible. Again, follow the Manual very closely. Keep in mind that there are no specific H&C forms for overseas processing so you will be relying on the Sponsorship application kit.
 
2) File an overseas Sponsorship with H&C, as described above, for both of them. That way you don't have to file 2 separate applications . However, if an interview is scheduled back home in connection with this application, at that point your partner's mother would have to go back home to attend it. Be prepared for this eventuality.
 
Again, this is going to be a difficult and long process, however, if strong legal submissions and all encompassing documentation is filed in support of it, it is not impossible. On these applications VO's are afforded great amount of discretion so make sure you take that into account when preparing the legal submissions and supporting docs. Again, in as complicated of a situation as this one I'd advise you to have legal representation.
 
Feel free to contact me directly if you wish to scheduule a  phone or personal consultation,
 
regards,
 
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.)
Migration Law Chambers
82 Richmond Street East, Suite 305
Toronto, ON. M5C 1P1
Phone: (416) 548 9072
Fax: (416) 548 9092
http://www.migrate-2-canada.com/ - www.migrate-2-canada.com
mailto:ralph@migrate-2-canada.com - ralph@migrate-2-canada.com
mailto:ralphdzegniuk@hotmail.com - ralphdzegniuk@hotmail.com


Posted By: canadaturk
Date Posted: 10 Dec 2009 at 8:44pm

Yes it is rather complicated but to clarify no my partner's mother is presently not in Canada as she withdrew her refugee claim and did return willingly to the home country. There were never any removal orders issued. Now it doesnt make sense to file a sponsorship (hence additional fees) if we know that we dont qualify as sponsors at this point. I really wish we could retain a lawyer but at this point we really cant. It is very unfortunate but we may have to go it alone.

Is it absolutely nessessary to file a sponsorship AND H&C for both? Cant we just file the H&C for both seperately? Is there not a way to do this? I will need to look at the manual more closely. Not sure what De-Facto member means. Now he is hearing impaired but he can hear at a relative normal level because he has already had the coclear transplant already. There are many angles and we have many valid arguments I am just not sure how to arrange it all.


Posted By: canadaturk
Date Posted: 10 Dec 2009 at 8:54pm
Sorry I do not understand #2 (file overseas sponsorship with H&C for both). This would then be two applications. From what I have read the only way we could do this would be to sponsor the mother and add the son as her dependant and then attach two H&C applications for both. Is this what you mean?


Posted By: smartin
Date Posted: 10 Dec 2009 at 11:20pm
is there any chance to get a single parent's application in priority processing? under what circumstances parent's case can be considered on a priority basis?
thank you


Posted By: arbaba
Date Posted: 11 Dec 2009 at 2:09am
Thanks for the information.

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http://www.netherlandings.com/strategic-consultancy - strategic consultancy
http://www.vouchercodes.net/vouchers/weightwatchers-promotion-code/ - Weightwatchers Promotion Code


Posted By: ralph dzegniuk
Date Posted: 11 Dec 2009 at 12:22pm
there's no such thing as priority processing of an H&C application.
that's exactly why during the course of processing most applicants face removal arrangements and must deal with CBSA, Deferral of Removals and Stay Motions at Federal Court.
Given the 3-year processing time this is the inevitable reality.
However, a single parent, particularly with Canadian-born children, usually has a pretty good argument both for the H&C and Deferral of Removal.
 
regards,
 
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.)
Migration Law Chambers
82 Richmond Street East, Suite 305
Toronto, ON. M5C 1P1
Phone: (416) 548 9072
Fax: (416) 548 9092
http://www.migrate-2-canada.com/ - www.migrate-2-canada.com
mailto:ralph@migrate-2-canada.com - ralph@migrate-2-canada.com
mailto:ralphdzegniuk@hotmail.com - ralphdzegniuk@hotmail.com


Posted By: Immigration Expert
Date 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


-------------
Immigration Expert
http://bilyk.ca

DISCLAIMER
Posts on this forum are provided for information purposes only and in no way are intended as legal or immigration advice.


Posted By: pla1
Date 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....

 


Posted By: Immigration Expert
Date 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
 
More info at: http://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdf - http://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdf
 

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 - 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.

 



-------------
Immigration Expert
http://bilyk.ca

DISCLAIMER
Posts on this forum are provided for information purposes only and in no way are intended as legal or immigration advice.


Posted By: Bulone
Date 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.


Posted By: pla1
Date 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.


Posted By: Immigration Expert
Date 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 - 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 


-------------
Immigration Expert
http://bilyk.ca

DISCLAIMER
Posts on this forum are provided for information purposes only and in no way are intended as legal or immigration advice.


Posted By: pla1
Date 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.


Posted By: Bulone
Date 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.





Posted By: pla1
Date 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...


Posted By: Bulone
Date 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.


Posted By: Alfa_Beta
Date Posted: 16 Dec 2009 at 2:38pm
Hi Pla1;
 
My father is in a similar situation as your mother, i have sponsored him since September 2003, since my mother died in 2004, i requested the embassy to consider his application on HNC ground, ever since that his application has been sitting at the embassy in Kenya, he is the only family member left doesn't have any pension or savings, i usually send him money from here, recently he started getting mugged as people in neighbourhood are aware he is alone and vulnerable, now he is here on temporary resident permit and i am planning to apply for HNC.  I am located in Edmonton, do u know any good lawers for this case in Alberta
 
Thanks
 
Abeed


Posted By: Immigration Expert
Date Posted: 16 Dec 2009 at 2:54pm
Hello Abeed,
 
Here is a list of immigration law firms in AB http://www.canadian-lawyers.ca/cl/immigration/Alberta/browse-by-city.html - http://www.canadian-lawyers.ca/cl/immigration/Alberta/browse-by-city.html  Please note that you don't have to retain a lawyer/CSIC member to prepare and file your father's H&C application. You can do it yourself. Please see http://www.cic.gc.ca/english/information/applications/handc.asp - http://www.cic.gc.ca/english/information/applications/handc.asp  However, if you feel like to have a legal representative on board, you can contact my office as well via mailto:russellbilyk@gmail.com - russellbilyk@gmail.com  and I will assess your father's chances under H&C.
 
Regards, 
 
Originally posted by Alfa_Beta Alfa_Beta wrote:

Hi Pla1;
 
My father is in a similar situation as your mother, i have sponsored him since September 2003, since my mother died in 2004, i requested the embassy to consider his application on HNC ground, ever since that his application has been sitting at the embassy in Kenya, he is the only family member left doesn't have any pension or savings, i usually send him money from here, recently he started getting mugged as people in neighborhood are aware he is alone and vulnerable, now he is here on temporary resident permit and i am planning to apply for HNC.  I am located in Edmonton, do u know any good lawers for this case in Alberta
 
Thanks
 
Abeed


-------------
Immigration Expert
http://bilyk.ca

DISCLAIMER
Posts on this forum are provided for information purposes only and in no way are intended as legal or immigration advice.


Posted By: Alfa_Beta
Date Posted: 16 Dec 2009 at 4:46pm
Thanks for support, i'll go ahead and file the immigration forms


Posted By: canadaturk
Date Posted: 20 Dec 2009 at 9:42pm
Please can someone clarify:
We have a parent with dependant defacto family member. We need to file an overseas sponsorship (only symbolic as we do not qualify for financial reasons) It has been suggested we will need to file an overseas sponsorship for the parent and add the other family member as dependant (defacto) along with 2 H&C applications.
What are the form numbers that we will need??? Does the H&C app include their PR application. We are thinking of doing this on our own but need to clarify which form numbers we will use.
Thanks
 


Posted By: MADZIBABA
Date Posted: 21 Dec 2009 at 6:38pm
hi guys,
 
I applied via the H&C route and got a Decision made status letter on the 1st of December...the letter came from Niagra CIC and they stated that I was approved, however in the letter it stated that it was a 2 step process and the rest  would be completed at the Scarborough office..the letter stated that it may take between 12 and 24 months for the process to be complete  ....My question is how long will the 2nd stage take? is the 12 - 24 months just a guide  and are there other things I can do to speed it up....I already have my criminal check certificates from all placed I have lived ..I have them in hands with me now  and can do medicals anytime.......What should I do and when can I anticipate to have this completed.....Would contacting a lawyer help in any way.....


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keep hop alive


Posted By: pla1
Date Posted: 06 Aug 2010 at 12:42pm

Dear all:

I have been a while away.. but I thought I should update the situation of my mother's case here.
 
We sent both i) application for PR under H&C [fees $500], and ii) Application for restoration of TRV [fees $200] in the same registered package via CanadaPost at the end of January 2010.
 
After 2 months, we got a letter from Vegreville with the TRV restoration paper. However, we never heard anything regarding the PR application under H&C.
 
I have been checking the status of the PR application online at CIC website, and it says that the application is in process. Then we got police clearance certificate from Malaysia,,, which we forwarded to Vegreville. After a few days, CIC displayed that "they recieved this document" information on the online status.
 
But we never received any formal letter from CIC-Vegreville that the PR application is under processing. The only source for us to check is CIC online status site.
 
Now we have no clue how long the processing of this PR processing will take. But in the temporary visa paper, they did mention that at the time of applying next extension, the passport needs renewal.. becasue the passport expiry date is coming up soon.
 
Thanks everyone here in this forum for valuable information provided in this journey. The waiting game is still ON.
 


Posted By: scylla
Date Posted: 06 Aug 2010 at 1:32pm
Thanks for keeping all of us updated. Good luck with the next steps!!

-------------
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


Posted By: jsalar
Date Posted: 23 Aug 2010 at 4:16pm
Hi pla1,

How's your mom's application go? I have been following your posts for Topic: Parent's PR - Humanitarian and Compassionate because my mother is in a similar situation. We are applying for her 3rd visitor extension, and they only approved for 6 months (total of 12 mo) for the previous 2 extensions despite that we asked for 1 year for each extension. She was alone in her country (my father separated with her and permanently immigrated to a third country). She would experience alot difficulties in live if sent back to her country, and we have 2 infant babies (both under 2yr) need her care. We are thinking the steps to take, if the extension is declined. It seems CIC left us in a position with no other options but to apply under Humanitarian ground if the worst happens.

According to the CIC processing time in Canada page, Humanitarian and Compassionate Cases now take 6-7 months to process, and is processed up to January 9, 2010. I have also heard from others the H&C cases take a few years to finalize, so actual processing time is 6-7 months or a few years? Have you received result or any notice from CIC? I am eager to learn the status of your mom' application. All the best to your mom and your family.

[I have sent a PM to you, in case you don't see my reply here. Also I gave my email in the PM you can contact me any time. Thank you and best to your mom.]



Posted By: pla1
Date Posted: 23 Aug 2010 at 7:53pm
Hi Jsalar:

In my mom's case, CIC gave  about 5 extensions to the TRV (temporary residence visa) application. Once the 3 year period reached, they declined the 6th extension application. That's when we had no other option but to go for PR application under H&C.

I thought of applying for PR under H&C earlier... but it sounds to me that she cannot apply for it while she has legal status in Canada as TRV.

I sent the application of PR under H&C around 25th January 2010... so the online status only tells that the application is being process. Apart from that there's no other status message. My guess would be, they have not even opened up the pplication for processing.. the January 9 thing is about "starting the processing" of the application.


Posted By: pla1
Date Posted: 03 Oct 2010 at 11:59am
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.


Posted By: smartin
Date Posted: 03 Oct 2010 at 12:18pm
could you please say when did you send your application?


Posted By: pla1
Date Posted: 03 Oct 2010 at 1:18pm
please read my earlier posts in this thread...


Posted By: smartin
Date 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?


Posted By: smartin
Date 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?


Posted By: smartin
Date 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! :)


Posted By: pla1
Date 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).


Posted By: smartin
Date 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?


Posted By: mariner33
Date 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.


Posted By: pla1
Date 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.


Posted By: greendragon75
Date 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?


Posted By: pla1
Date 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.


Posted By: greendragon75
Date 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?


Posted By: smartin
Date 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.


Posted By: pla1
Date 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.




Posted By: Tamara
Date 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.
 
 


Posted By: pla1
Date 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)



Posted By: smartin
Date Posted: 26 Jan 2011 at 1:38pm
2017! Wow! Does it mean that you can legally stay in Canada till 2017?


Posted By: pla1
Date 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."


Posted By: smartin
Date 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?


Posted By: mariner33
Date 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 - 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.
 


Posted By: Tamara
Date Posted: 28 Jan 2011 at 10:24am

Hi pla1!

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



Posted By: pla1
Date Posted: 28 Jan 2011 at 4:41pm
As I said earlier, I would like to be 2011 rather than 2017 February. February is coming soon.. gong to wait until then to see if we get some letter from CIC. If they really meant 2017, then it would be really depressing for my mother-in-law (applicant) and to us as well. So my wife suggested not to call CIC to inquire to see if it's really 2017 or 2011. At least until Feb 2011, our hope will remain alive. 


Posted By: pla1
Date Posted: 28 Jan 2011 at 5:17pm

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.




Posted By: Tamara
Date Posted: 07 Mar 2011 at 4:07pm
Hey pla1! do you have news? We still havent heard anything...


Posted By: pla1
Date Posted: 07 Mar 2011 at 7:44pm
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.


Posted By: smartin
Date Posted: 15 Apr 2011 at 12:15am
Hello Pla1, how is the situation now? Has you received any news from cic? have your Mom's stay been extended?


Posted By: pla1
Date Posted: 15 Apr 2011 at 7:53pm
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..


Posted By: mariner33
Date Posted: 16 Apr 2011 at 9:09am
Hi everyone, I applied for TRV extension and mentioned that my mother-in-law will remain in Canada until October 2011 i.e. extension of six months but when I got the approval it was extended until April 2013 and have been asked that my mother-in-law to have medical exam.


Posted By: smartin
Date Posted: 16 Apr 2011 at 2:34pm
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!


Posted By: Shine
Date Posted: 18 Apr 2011 at 12:27am
Hi, everybody, I am in the same boat, on my mom's passport  last TRV date is oct 2011,which was

 issued in april 2010,on this multiple visa she keeps visiting off and on,now she is coming in June,

 I want to extend her TRV after expiring the current TRV, my concern is her visa will expire in Oct

 2011

 how should I count her 6 months and when should I apply for an extension.


I lost my father last year, my mother's age is 52,she is alone in her home country,there is no one to

look after her but she has enough funds. I want to apply for her sponsorship soon, I am just

 wondering what reason should I  give to CIC in order to extend her TRV and when should I apply

 for an extension.


I appreciate any help


Posted By: zainj
Date 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


Posted By: xperia
Date Posted: 08 May 2011 at 6:59am
 


Posted By: xperia
Date 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:
 


Posted By: pla1
Date 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?


Posted By: Juzar
Date 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.



Posted By: scylla
Date 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


Posted By: Juzar
Date 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.


Posted By: pla1
Date 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.





Posted By: Juzar
Date 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.


Posted By: mam2011
Date 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



Posted By: pmm
Date Posted: 26 Oct 2011 at 1:37pm
Hi

Originally posted by Juzar Juzar wrote:

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.


If you can't be separated from your mother, maybe you should reconsider emigrating?

-------------
PMM


Posted By: pla1
Date Posted: 26 Oct 2011 at 3:55pm
As per recent talks by Jason Kenny, Canada is going to discourage non-economic immigrants (such as parents and grandparents) who do not contribute much to Canada as the tax-payers. This is not good news for immigrants who want to bring their parents/grandparents to Canada. Therefore, do not plan your future assuming that you will be able to easily bring your parents/grandparents as immigrants to Canada. Things are changing, and toughening.


Posted By: mam2011
Date Posted: 26 Oct 2011 at 7:54pm

Correction, 2 June 2012



Posted By: goal80
Date Posted: 03 Nov 2011 at 12:41pm

Have a quick question please :

The claimant of H&C can have medical care during the application process ?
 
Thanks a lot


Posted By: pla1
Date Posted: 03 Nov 2011 at 12:44pm
No, cannot.


Posted By: Juzar
Date Posted: 01 Dec 2011 at 2:52am

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 and no employment.

 

I have got permanent residence visa and become a PR on 3rd 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 on work permit in canada and has no intention of coming back to Kenya.

 

My mother is staying with me currently staying alone in Kenya and i had to come back to Kenya since no one to look after her. 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 and i really want to start a new life in Canada. I will pay any fees if a lawyer can take up my case and fight for me. I read in CIC Website that you can apply for Visa on humanitarian ground. This is taken from CIC website.

The Immigration and Refugee Protection Act and its regulations provide authority to visa officers to use their discretion in evaluating situations in which there may be compelling humanitarian and compassionate considerations. Applicants who wish to have any particular circumstances of a humanitarian and compassionate nature taken into account by the visa officer should attach a written submission to the application, describing the situation. If a temporary resident permit is approved under these circumstances, an additional fee is payable.

I am willing to pay any amount of fees if a lawyer can take up my case and fight for me.
 
Please help. I read that the minister annouced immigration to give parents 10year visa. My case is geniune.


Posted By: pla1
Date Posted: 01 Dec 2011 at 3:54pm
Hi Juzar,
 
CIC Canada has recently announced that for comign two years Canada will not accpet sponsorship PR application for parents/grandparents.
 
Good news is, they are implementing Super Visa for parents/grans parents instead.
 
Parents and grandparents of Canadian citizens and permanent residents have a new option for visiting Canada. As of December 1, 2011, you may be eligible to apply for the http://www.cic.gc.ca/english/visit/supervisa.asp - Parent and Grandparent Super Visa and enjoy visits to Canada of up to two years without the need to renew your status.
 
As of November 5, 2011, no new applications to sponsor parents or grandparents will be accepted for processing for up to 24 months. This temporary pause will allow us to focus on those applicants already awaiting a decision and reduce the backlog in the parents and grandparents category. This does not affect sponsorship applications for spouses, partners, dependent or adopted children and other eligible relatives. New applications received on or after November 5, 2011, will be returned to the applicant, including fees.
 
 
Therefore, you Sister who is living in Canada should apply for your mom's Super Visa. Or you can come back to Canada and do it by yourself too. But they might look for your income (LICO - Low Income Cut Off) the minimum income that you should have for you and your mom and your wife as welll as your kids, if you have any. Since you are recently landed in Canada... it's better for your sister to apply the Super Visa, since your sister ight already have several years income in Canada.


Posted By: Torrie
Date Posted: 03 Jan 2012 at 5:53am
hi pla1,
 
Can you tell me that in case if somebody entered in Canada from US without any Visa will be eligible to apply for H&C.
 
Thanx
 
Torrie  


Posted By: pla1
Date Posted: 03 Jan 2012 at 12:56pm
Hi Torrie,
 
It's not clear when you say "somebody entered Canada from USA without Visa". Did you mean that the person in question is the citizen of the country (USA, Singapore, UK, Australia etc.)  who does not require visa to enter Canada?


Posted By: ckhehra1
Date Posted: 21 Jan 2012 at 11:43am
What documents would the parent require from the home country? I saw that one is police clearance, are there any others?


Posted By: pla1
Date Posted: 22 Jan 2012 at 2:01pm
documents requirements depends on for which visa you are applying. are you talking about "Super Visa" or PR application or the H&C PR application?


Posted By: smartin
Date Posted: 28 Jan 2012 at 1:21pm
any updates? has anyone had any decision made on their applications?


Posted By: ysk
Date Posted: 24 Feb 2012 at 4:54pm
Hi, I am new in this forum and topic, and considering H&C for my mom.

Is extension of TRV(visitor visa) is also condsider as TRP as the extension letter states is as permit?


My case is as follows:

My wife is Canadian Citizen, I am PR since 2007 and we have 4yrs old canadian born son. 
My mother visited us in 2008 on visitor visa for 3months but she extended it for 2 times (once due to problem with flight) so she stayed her for almost 11months then. 
Next time she got rejected for visitor visa.
Last time she applied again and got multiple entry visa for 5years in Sept 2011.
My elder brother (single/unmarried) passed away in Jan2012 in India.
Now I am her only child left and no one is available in India to take care of her.

She came back with me in feb2012  in Canada as I can not left her alone there.

As I can not apply for PR due to 2years hold. And she can't left Canada every six month alone as she have no one other then us to visit/take care.

Can I apply for H&C PR application right now as she is here in Canada with us on her multi entry visitor visa?





Posted By: Tamara
Date Posted: 20 Mar 2012 at 2:54pm
Hey pla1, have you had any decision made on your applications?
 
Originally posted by pla1 pla1 wrote:

H&C PR application


Posted By: zainj
Date Posted: 01 Apr 2012 at 11:37pm
Hi Everyone,

Have any body got any updates for H&C case from cic-Vancouver.
My parents time line as follows:
Applied received at cic-Vancouver : May 2011
Online status says: Application is in process Feb 2012

If anyone got the approval from cic-Vancouver please share your time line.

Thanks,

ZainJ


Posted By: smartin
Date Posted: 04 Jul 2013 at 6:01pm
Any updates?


Posted By: user828
Date Posted: 05 Jul 2013 at 2:40am
I applied 6 years ago, got refused - its a very tough category, but they never got refused for visit visa

Keep doing Supervisa guys and extend

I applied for sponsorship 63 months ago, on last stage in New Delhi - will get PR anytime now
Very Very tough this whole ordeal


Posted By: smartin
Date Posted: 10 Jul 2013 at 1:04pm
Hi, is it possible to apply for H&C for a parent whose ponsorship aplication is still pending?


Posted By: pla1
Date Posted: 11 Jul 2013 at 11:35pm
Yes, it's possible, and we did this way...

We applied to sponsor in 2008 April,  didn't hear nothing for CIC.

My mother continued living in Canada, with several TRV extension, and finally they refused any mor extesion becasue she had already lived in Canada for 3 years on TRV. That would require her to leave Canada. Therefore, only way for her to remain in Canada would be then to apply for Humanatarian and Compassionate Permanent Residence. We applied in Dec 2009. And until the final decision is made in this category, she could keep on living in Canada. Then CIC started again extending her tourist visa all the way until her PR sponsorship applicaion (not the H&C application). became successful in Feb 2013.


Posted By: smartin
Date Posted: 11 Jul 2013 at 11:48pm
Originally posted by pla1 pla1 wrote:

Yes, it's possible, and we did this way...
We applied to sponsor in 2008 April,  didn't hear nothing for CIC.
My mother continued living in Canada, with several TRV extension, and finally they refused any mor extesion becasue she had already lived in Canada for 3 years on TRV. That would require her to leave Canada. Therefore, only way for her to remain in Canada would be then to apply for Humanatarian and Compassionate Permanent Residence. We applied in Dec 2009. And until the final decision is made in this category, she could keep on living in Canada. Then CIC started again extending her tourist visa all the way until her PR sponsorship applicaion (not the H&C application). became successful in Feb 2013.


Thank you for your reply. Did you act as a sponsor for your mother both for H&C application and the parental sponsorship? What did you do with H&C application after your parental sponsorship was approved?


Posted By: umeralikhan
Date Posted: 15 Apr 2016 at 3:14pm

Can some one help me in this scenario:


I want to sponsor my mother and circumstances and factual data is as follows:


Mother : Almost 70 years old

Widowed

I am settled in Canada (Permanent Resident, in Mississauga) for over two years and earning handsome amount : fulfills LICO

total 6 siblings : 3 sisters live back home (Pakistan) in their own homes, One brother lives in nairobi and Other lives in States

Mother has multiple entry visa till Aug-2017

I have two kids (Mother is very much attached with my elder one and he is also very attached with her)

Mother has been visiting Canada for 3-4 times in last 5-8 years

Mother has her younger brother settled in Mississauga for over 10 years


I want to sponsor her for PR so that she does not have to travel a lot and back home there is no one to take care of her and support her. He is high blood pressure and Sugar patient for last couple of years and can't live on her own.


My mother is going to visit me in a month and I want her to sponsor.


Questions:

1. Can I apply her PR sponsor application while she is here? on Humanitarian or any other grounds?

2. Any obligation if I apply her under Humanitarian and Compassionate grounds? 



Posted By: dpunj2
Date Posted: 01 Sep 2018 at 7:17pm

Topic - Parent's PR - Humanitarian and Compassionate

Hi Team,

I want to apply H&C ground visa for my mother in law. Details as below.

She is living with us since June 01,2018

She is widow and wife is only child (survivor) 

She is 60 years old no body  left behind in parent country to take care.

She need smedical support,emotional support in order to survive

Just wondering would it possible her case be consider on humanitarian ground.

Please advice what should i do in this case. 





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