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PR on H& C grounds

mkoukis

Newbie
Mar 22, 2018
7
0
Hello, I live in Mississauga Ontario and would be appreciative if anyone on this forum know of a reliable immigration lawyer I can speak to regarding applying for PR on H&C grounds for my mother. I'd need a lawyer with a successful track record on similar applications of this nature.

Thank you.
 

mkoukis

Newbie
Mar 22, 2018
7
0
Hello, my senior mother is currently living with me in Canada for a year, since last March, after applying and successfully granted for a visa extension until July 2018. We are thinking of applying for PR on H & C grounds but can she leave Canada and return back while we have submitted her H & C application or is it advisable to return to Canada and then apply for PR on H & C grounds?

Thank you.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Hello, my senior mother is currently living with me in Canada for a year, since last March, after applying and successfully granted for a visa extension until July 2018. We are thinking of applying for PR on H & C grounds but can she leave Canada and return back while we have submitted her H & C application or is it advisable to return to Canada and then apply for PR on H & C grounds?

Thank you.
The whole basis of a H&C app is that it would be a danger or present unreasonable hardship should the applicant leave Canada back to their home country. So her leaving Canada voluntarily during the process shows H&C may not apply to her, and app would have a significantly higher chance to be rejected. So she should plan to stay in Canada for duration of process.

Note also that if H&C app is denied, this may present problems for her coming to Canada in future as a visitor since it shows she has a strong desire to stay in Canada permanently.
 

mkoukis

Newbie
Mar 22, 2018
7
0
The whole basis of a H&C app is that it would be a danger or present unreasonable hardship should the applicant leave Canada back to their home country. So her leaving Canada voluntarily during the process shows H&C may not apply to her, and app would have a significantly higher chance to be rejected. So she should plan to stay in Canada for duration of process.

Note also that if H&C app is denied, this may present problems for her coming to Canada in future as a visitor since it shows she has a strong desire to stay in Canada permanently.
The whole basis of a H&C app is that it would be a danger or present unreasonable hardship should the applicant leave Canada back to their home country. So her leaving Canada voluntarily during the process shows H&C may not apply to her, and app would have a significantly higher chance to be rejected. So she should plan to stay in Canada for duration of process.

Note also that if H&C app is denied, this may present problems for her coming to Canada in future as a visitor since it shows she has a strong desire to stay in Canada permanently.
Thank you so much for the advice!
 

kau

Star Member
Feb 7, 2015
105
16
Category........
Visa Office......
NDVO
NOC Code......
Family/Spousal Sponsorshp
Job Offer........
Pre-Assessed..
App. Filed.......
12 April 2016
AOR Received.
4 May 2016
Med's Done....
29 March 2016
Hi all,

I live in Ontario since last 3 years on PR and I sponsored my husband and he is here since Feb 2017. His parents are back home aged 71 and 65 years. As my husband cant file PR application(As he is only one year old in Canada) for them so we were considering H&C as an option.
1. Is it a good option to go with?
2. Is there any eligibility requirements?
3. Do they have to be in Canada throughout the process and the cant leave Canada?
4. Father-In-Law had stroke 2 times can it be a problem to be considered for PR application(But he got SuperVisa recently).
5. Can we file the application on emotion grounds? As they both are aged and alone there and their health is declining .



Thanks in advance!
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
Hi all,

I live in Ontario since last 3 years on PR and I sponsored my husband and he is here since Feb 2017. His parents are back home aged 71 and 65 years. As my husband cant file PR application(As he is only one year old in Canada) for them so we were considering H&C as an option.
1. Is it a good option to go with?
2. Is there any eligibility requirements?
3. Do they have to be in Canada throughout the process and the cant leave Canada?
4. Father-In-Law had stroke 2 times can it be a problem to be considered for PR application(But he got SuperVisa recently).
5. Can we file the application on emotion grounds? As they both are aged and alone there and their health is declining .



Thanks in advance!
You do not have an H&C case. Being unable to meet the income requirement is not grounds for H&C. His parents are still relatively young and they are not alone, as they are together, so you have no grounds there either.

Also, his father's health history could most definitely cause him to be declared medically inadmissible. Medicals for supervisas are evaluated differently, as visitors don't have free access to the healthcare system like PRs.
 

Buletruck

VIP Member
May 18, 2015
6,966
2,793
As stated above, H&C is not a short cut to sponsor your parents. If your income (you and your husband) meets LICO requirements, he can still sponsor them even if he has only been in Canada a year ( your income counts as well).
 

mkoukis

Newbie
Mar 22, 2018
7
0
The whole basis of a H&C app is that it would be a danger or present unreasonable hardship should the applicant leave Canada back to their home country. So her leaving Canada voluntarily during the process shows H&C may not apply to her, and app would have a significantly higher chance to be rejected. So she should plan to stay in Canada for duration of process.

Note also that if H&C app is denied, this may present problems for her coming to Canada in future as a visitor since it shows she has a strong desire to stay in Canada permanently.
My mother is 84 in good health condition,widow, with no relatives back home. All her siblings in home country have passed away. She lives for more than a year now with me (I am her onlychild) and my family. I have been in Canada for 2 years with PR status and my husband and my son are Canadians. Do you believe we have the grounds to go with H & C case?

Thank you
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
My mother is 84 in good health condition,widow, with no relatives back home. All her siblings in home country have passed away. She lives for more than a year now with me (I am her onlychild) and my family. I have been in Canada for 2 years with PR status and my husband and my son are Canadians. Do you believe we have the grounds to go with H & C case?

Thank you
Yes definitely grounds for a H&C app to be successful. Of course no guarantees, it will come down to discretion of visa officer reviewing her case.
 

canuck78

VIP Member
Jun 18, 2017
58,197
14,339
My mother is 84 in good health condition,widow, with no relatives back home. All her siblings in home country have passed away. She lives for more than a year now with me (I am her onlychild) and my family. I have been in Canada for 2 years with PR status and my husband and my son are Canadians. Do you believe we have the grounds to go with H & C case?

Thank you
My only concern would be where were you living previously? Were you living with or close to her 2 years ago?
 

mkoukis

Newbie
Mar 22, 2018
7
0
My only concern would be where were you living previously? Were you living with or close to her 2 years ago?
She was living with my father in her home country. After my father passed away she visited us here in Canada and have extended her visa. Back home we were living in the some town but not together.
 

canuck78

VIP Member
Jun 18, 2017
58,197
14,339
She was living with my father in her home country. After my father passed away she visited us here in Canada and have extended her visa. Back home we were living in the some town but not together.
My only concern is that you only recently moved away from your parents to go Canada knowing your parents were 82+ and had no family around. You didn't seem to have made any plans knowing that your parents (now mother) would need help.