Humanitarian and compassionate ground - Apply within Canada

[redbulldz]

Hi,

We are planning to apply for the H&C for my mother-in-law. She entered Canada in August 2021 as a temporary resident and we applied for an extension in February, still no news.
Does the H&C grant a stay in Canada while the application is being processed?
We are concerned as she will have no help back home (father-in-law passed away in 2021) and her 2 daughters are in Canada.
If you have any advice I will gladly take it.

Thanks

 

[Copingwithlife]

Hi,

We are planning to apply for the H&C for my mother-in-law. She entered Canada in August 2021 as a temporary resident and we applied for an extension in February, still no news.
Does the H&C grant a stay in Canada while the application is being processed?
We are concerned as she will have no help back home (father-in-law passed away in 2021) and her 2 daughters are in Canada.
If you have any advice I will gladly take it.

Thanks

People get upset when individuals are doing things like this

https://www.canadavisa.com/canada-immigration-discussion-board/threads/parents-sponsorship-revenues-question.609456/#post-9492690

Circumventing the rules whenever they feel it suits them

 

[scylla]

Hi,

We are planning to apply for the H&C for my mother-in-law. She entered Canada in August 2021 as a temporary resident and we applied for an extension in February, still no news.
Does the H&C grant a stay in Canada while the application is being processed?
We are concerned as she will have no help back home (father-in-law passed away in 2021) and her 2 daughters are in Canada.
If you have any advice I will gladly take it.

Thanks

H&C does not guarantee someone can stay in Canada while the application is processed. The application does not grant status.

 

[redbulldz]

People get upset when individuals are doing things like this

https://www.canadavisa.com/canada-immigration-discussion-board/threads/parents-sponsorship-revenues-question.609456/#post-9492690

Circumventing the rules whenever they feel it suits them

LOL
Upset or not, I get things done and abide by the rules. So if you have an answer I'll gladly take your advice, otherwise let's stay focused and not distract the thread
Thank you

 

[Bornlucky]

Hi,

We are planning to apply for the H&C for my mother-in-law. She entered Canada in August 2021 as a temporary resident and we applied for an extension in February, still no news.
Does the H&C grant a stay in Canada while the application is being processed?
We are concerned as she will have no help back home (father-in-law passed away in 2021) and her 2 daughters are in Canada.
If you have any advice I will gladly take it.

Thanks

Hi,

H&C doesn't offer any Stays or status so you'll want to continue to apply for extensions to her visitor's status.

You'll want to build a good presentation and look at the online manual for the "factors" that are considered by the decision-maker. Interestingly, or perhaps not, H&C's in its earliest incarnation in the 1970s were commonly accessed by people who had a parent visiting and where the other parent passed away. Here's the link and it's the factors that should be your focus.

http://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf

If you'll entertain some thoughts, these applications are now frequently submitted by unsuccessful refugee claimants who have removal orders and these are given priority when they have accompanying PRRA applications. I mention this because you could wait a couple of years for a decision. H&Cs are a "living" application, meaning that you can submit updated information to the application while it moves lugubriously through the inventory of cases that they process.

So, perhaps your mom attends language classes, or volunteers somewhere within the community - these are important additions for the officer to entertain when they assess they application. Should it take so long that your mother has to leave then the application will still be decided no matter where she may be.

In my experience on this site there are lots of judgments made and some dig for details, but H&Cs have always had a better than 50% approval rate. Statistics are always more interesting beneath the surface numbers and failed refugee claimants who have been here for years and have children tend to have greater success. But these are decisions where there is as broad a level of discretion as you'll find within Canada's immigration system, so hope burns brightly for a well constructed application.

Good luck.

 

[canuck78]

Hi,

We are planning to apply for the H&C for my mother-in-law. She entered Canada in August 2021 as a temporary resident and we applied for an extension in February, still no news.
Does the H&C grant a stay in Canada while the application is being processed?
We are concerned as she will have no help back home (father-in-law passed away in 2021) and her 2 daughters are in Canada.
If you have any advice I will gladly take it.

Thanks

As others have pointed out there is a program to sponsor parents and H&C is not meant to provide a way to sponsor parents if you don’t get selected for PGP. There are also serious risks to applying for H&C. If denied your MIL will have difficulty visiting Canada because she would have declared her desire to remain in Canada longterm and not leave. Given that supervisa length has been increased you have even less of an argument for H&C since she is free to visit for up to 5 years. I’ve included a example of a single parent getting denied for H&C. The fact that you haven’t qualified for PGP yet for your MIL and only managed to qualify for your mother because you got really lucky and not meeting your RO will also factor into the decision. You have not attempted to use the PGP program to sponsor your MIL while many others have spent years trying to get selected while they would also like their parent to immigrate to Canada.


https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/421303/index.do

 

[canuck78]

Hi,

H&C doesn't offer any Stays or status so you'll want to continue to apply for extensions to her visitor's status.

You'll want to build a good presentation and look at the online manual for the "factors" that are considered by the decision-maker. Interestingly, or perhaps not, H&C's in its earliest incarnation in the 1970s were commonly accessed by people who had a parent visiting and where the other parent passed away. Here's the link and it's the factors that should be your focus.

http://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf

If you'll entertain some thoughts, these applications are now frequently submitted by unsuccessful refugee claimants who have removal orders and these are given priority when they have accompanying PRRA applications. I mention this because you could wait a couple of years for a decision. H&Cs are a "living" application, meaning that you can submit updated information to the application while it moves lugubriously through the inventory of cases that they process.

So, perhaps your mom attends language classes, or volunteers somewhere within the community - these are important additions for the officer to entertain when they assess they application. Should it take so long that your mother has to leave then the application will still be decided no matter where she may be.

In my experience on this site there are lots of judgments made and some dig for details, but H&Cs have always had a better than 50% approval rate. Statistics are always more interesting beneath the surface numbers and failed refugee claimants who have been here for years and have children tend to have greater success. But these are decisions where there is as broad a level of discretion as you'll find within Canada's immigration system, so hope burns brightly for a well constructed application.

Good luck.

Seniors H&C applications are treated very differently when it comes to H&C applications. When it comes to H&C application approval for failed asylum seekers being financially self-sufficient and having a longterm history of working in Canada is a major factor in getting approval so is having a minor Canadian child. When it comes to your advice to get involved in your local community for any H&C applicant that is in addition to working. Just volunteering is not going to be enough to get H&C approval. For seniors to get H&C approval a senior has to be too frail to care for themselves but not sick enough to put too much demand on the healthcare system. Not have the ability to care for themselves and have no family, friends or other ability to help them and provide care in their home country.

 

[Bornlucky]

Seniors H&C applications are treated very differently when it comes to H&C applications. When it comes to H&C application approval for failed asylum seekers being financially self-sufficient and having a longterm history of working in Canada is a major factor in getting approval so is having a minor Canadian child. When it comes to your advice to get involved in your local community for any H&C applicant that is in addition to working. Just volunteering is not going to be enough to get H&C approval. For seniors to get H&C approval a senior has to be too frail to care for themselves but not sick enough to put too much demand on the healthcare system. Not have the ability to care for themselves and have no family, friends or other ability to help them and provide care in their home country.

So, you've predicted an outcome for this H&C application?

Why are you mentioning failed claimants? I made reference to them as it relates to Departmental priorities so I do not understand at all why you'd waste my energy discussing them. It simply isn't relevant to this discussion how failed claimants build establishment.

If you have to be employed for any volunteering to have merit then I think you're simply wrong.

Frail - but not too frail? You're making stuff up now.

Simply put - every case is assessed on its own merits. You don't know the merits of this or any other briefly outlined H&C case discussed on an open forum. Neither do I, but I don't see the need to discourage people who seek to access what is being offered by the powers that be?

Will the person be able to get a TRV? You do not know that they won't.

In short, take a hike.

 

[canuck78]

So, you've predicted an outcome for this H&C application?

Why are you mentioning failed claimants? I made reference to them as it relates to Departmental priorities so I do not understand at all why you'd waste my energy discussing them. It simply isn't relevant to this discussion how failed claimants build establishment.

If you have to be employed for any volunteering to have merit then I think you're simply wrong.

Frail - but not too frail? You're making stuff up now.

Simply put - every case is assessed on its own merits. You don't know the merits of this or any other briefly outlined H&C case discussed on an open forum. Neither do I, but I don't see the need to discourage people who seek to access what is being offered by the powers that be?

Will the person be able to get a TRV? You do not know that they won't.

In short, take a hike.

You are the one who brought up that a large percentage of H&C applicants are failed refugee claimants. It is actually quite important to hear what usually makes these applicants successful and why seniors are very different. When it comes to H&C application for parents volunteering is not going to help secure H&C approval. Have read enough approval and refusal H&C results from senior parents to see a trend although approval rates do vary by member. Members are very aware that parents and grandparents should be pursuing PGP if they want to immigrate to Canada and that H&C is not to be used if one does not want to wait to get selected. Whether they are unable to care for themselves (cooking, getting dressed, etc.) and have no family in their home country that is considered. Being a single parent doesn’t guarantee H&C approval and fact that many Canadians often don’t live in the same city as their senior parents and visit them annually, or more if possible, is also considered. There is no requirement that a parent must live with their child. There is no difference when it comes to parents that live abroad, they are usually able to visit through a TRV or supervisa. There are also negative consequences if supervisa is denied which most people applying for their parents aren’t aware of. Most figure that if denied they’ll just continue visiting. Their current TRV or supervisa cqn be cancelled d it will be much more difficult to secure another visitor visa. Age, health status, impact on the healthcare system, access to treatment in a home country, etc. are all major factors for approval/refusal. Whether you chose to believe me is up to you. Never guaranted the result of an H&C application but there are there is false information that circulates in many communities that single parents get H&C easily, that parents in general will easily get H&C, that you can’t get deported during H&C application, that you can continue visiting if your H&C is denied, etc. The fact that someone has only moved to Canada in the past 5 years will also be considered. People are expected to have a plan for their parents given that PR in Canada wasn’t guaranteed and PGP certainly isn’t guaranteed the first time you apply.

 

[Bornlucky]

You are the one who brought up that a large percentage of H&C applicants are failed refugee claimants. It is actually quite important to hear what usually makes these applicants successful and why seniors are very different. When it comes to H&C application for parents volunteering is not going to help secure H&C approval. Have read enough approval and refusal H&C results from senior parents to see a trend although approval rates do vary by member. Members are very aware that parents and grandparents should be pursuing PGP if they want to immigrate to Canada and that H&C is not to be used if one does not want to wait to get selected. Whether they are unable to care for themselves (cooking, getting dressed, etc.) and have no family in their home country that is considered. Being a single parent doesn’t guarantee H&C approval and fact that many Canadians often don’t live in the same city as their senior parents and visit them annually, or more if possible, is also considered. There is no requirement that a parent must live with their child. There is no difference when it comes to parents that live abroad, they are usually able to visit through a TRV or supervisa. There are also negative consequences if supervisa is denied which most people applying for their parents aren’t aware of. Most figure that if denied they’ll just continue visiting. Their current TRV or supervisa cqn be cancelled d it will be much more difficult to secure another visitor visa. Age, health status, impact on the healthcare system, access to treatment in a home country, etc. are all major factors for approval/refusal. Whether you chose to believe me is up to you. Never guaranted the result of an H&C application but there are there is false information that circulates in many communities that single parents get H&C easily, that parents in general will easily get H&C, that you can’t get deported during H&C application, that you can continue visiting if your H&C is denied, etc. The fact that someone has only moved to Canada in the past 5 years will also be considered. People are expected to have a plan for their parents given that PR in Canada wasn’t guaranteed and PGP certainly isn’t guaranteed the first time you apply.

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