Possible H&C application? Please help

[Peaceful]

hi everyone,

hoping everyone is doing well. If someone can please share some advice/personal experiences on my situation, it would help me a lot. Sorry for the lengthy post, but I just wanted to explain my situation in detail to seek some help.

our family has gone through a very tough phase as my 23 year brother (only sibling) passed away about 6 months ago in India in a motor bike accident. My father passed away 3 years ago due to a sudden kidney failure. Due to these unfortunate turn of events, the only person left in my family is my mom. I'm a Canadian PR since 2014. I want her to stay with me here in Canada so I applied for her super visa and she got it within a week (when the normal processing time was around 80 days). She's currently in Canada staying with me but I'm worried about her on a long term basis. She's allowed to stay here for 2 years on her super visa as it's her first visit but I know she may not be able to stay for that long on subsequent visits.

it would be ideal to apply for her PR under parents sponsorship, which I qualify as well, but I have been trying my luck for the last two years on the lottery system but no luck yet. based on the facts, I may try under the lottery system forever and not get selected as they don't give any importance to eligible candidates or the ones who applied repeatedly in the last few years. Due to above circumstances, I'm thinking to apply for her PR based on H&C grounds. Our family really has no one left after my dad and brother's sudden passing away in the last three years and she's devastated, esp after what happened with my brother. I know that she's not that old (53 years) but I really can't keep here alone there in India. After my dad's passing away, she stayed with my brother and now that he's no more as well, I want her to stay with me.

but the most challenging part of H&C application is that if they reject you (which the chances are higher under this category) she has no means of getting a Canadian visa ever again. This is very scary as I can't possibly afford for my mom not to come here ever, which is what is holding me from applying right now. So pretty whoever has applied under H&C so far, does so knowing that they're taking a risk of being deported or never getting admitted to Canada ever again if app gets refused? I'm posting this to seek some advice from someone who has/had applied under this category? Or who has experience regarding this kind of application? Or anyone with some knowledge about this?

please help. thanks

 

[canuck78]

Her young age will likely be an issue. Does she have other family near her like brothers, sisters, parents, cousins, etc?

 

[Bornlucky]

hi everyone,

hoping everyone is doing well. If someone can please share some advice/personal experiences on my situation, it would help me a lot. Sorry for the lengthy post, but I just wanted to explain my situation in detail to seek some help.

our family has gone through a very tough phase as my 23 year brother (only sibling) passed away about 6 months ago in India in a motor bike accident. My father passed away 3 years ago due to a sudden kidney failure. Due to these unfortunate turn of events, the only person left in my family is my mom. I'm a Canadian PR since 2014. I want her to stay with me here in Canada so I applied for her super visa and she got it within a week (when the normal processing time was around 80 days). She's currently in Canada staying with me but I'm worried about her on a long term basis. She's allowed to stay here for 2 years on her super visa as it's her first visit but I know she may not be able to stay for that long on subsequent visits.

it would be ideal to apply for her PR under parents sponsorship, which I qualify as well, but I have been trying my luck for the last two years on the lottery system but no luck yet. based on the facts, I may try under the lottery system forever and not get selected as they don't give any importance to eligible candidates or the ones who applied repeatedly in the last few years. Due to above circumstances, I'm thinking to apply for her PR based on H&C grounds. Our family really has no one left after my dad and brother's sudden passing away in the last three years and she's devastated, esp after what happened with my brother. I know that she's not that old (53 years) but I really can't keep here alone there in India. After my dad's passing away, she stayed with my brother and now that he's no more as well, I want her to stay with me.

but the most challenging part of H&C application is that if they reject you (which the chances are higher under this category) she has no means of getting a Canadian visa ever again. This is very scary as I can't possibly afford for my mom not to come here ever, which is what is holding me from applying right now. So pretty whoever has applied under H&C so far, does so knowing that they're taking a risk of being deported or never getting admitted to Canada ever again if app gets refused? I'm posting this to seek some advice from someone who has/had applied under this category? Or who has experience regarding this kind of application? Or anyone with some knowledge about this?

please help. thanks

Hi - The H&C policy is meant to overcome the hardship someone would endure should they be required to apply outside of Canada, and it is supposed to entail exceptional circumstances - so, that's the purpose of the policy. This is a really broad discretionary authority and the decision-makers are required to be guided by established policies, for instance the best interests of the children (got any?) BIOC. You can search for the manual and find the factors but I recommend a reputable lawyer because any free legal advice isn't worth its actual price.

Your mother's age doesn't cry out for relief, but that's just one item out of a slew of considerations that competent counsel can present. Multiple deaths of a father and a son - that is a considerable factor for inclusion but it has to be filled out with meaning - living alone as a widowed woman who is still youthful could present issues (or not). The need to overcome her grief with her closest remaining family...

The thing is to put together a proper picture for a decision-maker whom you will likely never meet, and compel the person to exercise their authority and provide your mother this relief. There are technical, legal thresholds of decision-making as this is civil law so the decision must be reasonable or you can seek leave to appeal to the Federal Court if you don't receive a reasonable decision - I believe that it is the "balance of probabilities".

Regarding your mother and her current valid status as a visitor - that's good as plenty of these applications are from folks who do not enjoy legal status. As for limiting future visits should this application fail - maybe, but she's complying with the laws and applying for something that is on offer. What you are demonstrating objectively with the applications for the lottery, the H&C and your mother's lawful status is a son who is concerned about the welfare of his mother after a devastating set of deaths of her closest family, and a commitment to follow the laws of your adopted country, and, and...

Having a Member of Parliament on your side (maybe a nice letter) helps a lot, but there's plenty you and an experienced LAWYER could present if the evidence is there - time at the temple, letters of support from community, lessons in English if that's needed, a commitment to the community, blahibty blah, blah - you pile it on so the officer can point to things that they like when they approve it. Perhaps it won't fly, but you're not doing anything different than applying for the lottery even if it can be resented somehow. Stay in status and where is the foul?

You seem to wish to do all that you can but save money by hiring a good immigration lawyer, if this is what you decide to do. Let him or her quarterback the process and give you their honest view of the possibility success, or experiences with future visa application issues should it fail. Don't cheap out on your hired gun.., the really good ones hate losing.

Cheers and good luck

 

[Alien_walkingalone]

Hi - The H&C policy is meant to overcome the hardship someone would endure should they be required to apply outside of Canada, and it is supposed to entail exceptional circumstances - so, that's the purpose of the policy. This is a really broad discretionary authority and the decision-makers are required to be guided by established policies, for instance the best interests of the children (got any?) BIOC. You can search for the manual and find the factors but I recommend a reputable lawyer because any free legal advice isn't worth its actual price.

Your mother's age doesn't cry out for relief, but that's just one item out of a slew of considerations that competent counsel can present. Multiple deaths of a father and a son - that is a considerable factor for inclusion but it has to be filled out with meaning - living alone as a widowed woman who is still youthful could present issues (or not). The need to overcome her grief with her closest remaining family...

The thing is to put together a proper picture for a decision-maker whom you will likely never meet, and compel the person to exercise their authority and provide your mother this relief. There are technical, legal thresholds of decision-making as this is civil law so the decision must be reasonable or you can seek leave to appeal to the Federal Court if you don't receive a reasonable decision - I believe that it is the "balance of probabilities".

Regarding your mother and her current valid status as a visitor - that's good as plenty of these applications are from folks who do not enjoy legal status. As for limiting future visits should this application fail - maybe, but she's complying with the laws and applying for something that is on offer. What you are demonstrating objectively with the applications for the lottery, the H&C and your mother's lawful status is a son who is concerned about the welfare of his mother after a devastating set of deaths of her closest family, and a commitment to follow the laws of your adopted country, and, and...

Having a Member of Parliament on your side (maybe a nice letter) helps a lot, but there's plenty you and an experienced LAWYER could present if the evidence is there - time at the temple, letters of support from community, lessons in English if that's needed, a commitment to the community, blahibty blah, blah - you pile it on so the officer can point to things that they like when they approve it. Perhaps it won't fly, but you're not doing anything different than applying for the lottery even if it can be resented somehow. Stay in status and where is the foul?

You seem to wish to do all that you can but save money by hiring a good immigration lawyer, if this is what you decide to do. Let him or her quarterback the process and give you their honest view of the possibility success, or experiences with future visa application issues should it fail. Don't cheap out on your hired gun.., the really good ones hate losing.

Cheers and good luck

Really nicely written explanation. That’s how I exactly did for mom while applying, I am her only daughter no family member in back home also she has been here for two years and suddenly ’ got critical illness for which she can’t live alone and being a daughter I am givinh her best care as possible , waiting for my decision .

 

[Bornlucky]

Really nicely written explanation. That’s how I exactly did for mom while applying, I am her only daughter no family member in back home also she has been here for two years and suddenly ’ got critical illness for which she can’t live alone and being a daughter I am givinh her best care as possible , waiting for my decision .

Thanks very much, and I wish you success and maybe you can let us know how you fair, ' cause you need not ever walk alone...

 

[vensak]

hi everyone,

hoping everyone is doing well. If someone can please share some advice/personal experiences on my situation, it would help me a lot. Sorry for the lengthy post, but I just wanted to explain my situation in detail to seek some help.

our family has gone through a very tough phase as my 23 year brother (only sibling) passed away about 6 months ago in India in a motor bike accident. My father passed away 3 years ago due to a sudden kidney failure. Due to these unfortunate turn of events, the only person left in my family is my mom. I'm a Canadian PR since 2014. I want her to stay with me here in Canada so I applied for her super visa and she got it within a week (when the normal processing time was around 80 days). She's currently in Canada staying with me but I'm worried about her on a long term basis. She's allowed to stay here for 2 years on her super visa as it's her first visit but I know she may not be able to stay for that long on subsequent visits.

it would be ideal to apply for her PR under parents sponsorship, which I qualify as well, but I have been trying my luck for the last two years on the lottery system but no luck yet. based on the facts, I may try under the lottery system forever and not get selected as they don't give any importance to eligible candidates or the ones who applied repeatedly in the last few years. Due to above circumstances, I'm thinking to apply for her PR based on H&C grounds. Our family really has no one left after my dad and brother's sudden passing away in the last three years and she's devastated, esp after what happened with my brother. I know that she's not that old (53 years) but I really can't keep here alone there in India. After my dad's passing away, she stayed with my brother and now that he's no more as well, I want her to stay with me.

but the most challenging part of H&C application is that if they reject you (which the chances are higher under this category) she has no means of getting a Canadian visa ever again. This is very scary as I can't possibly afford for my mom not to come here ever, which is what is holding me from applying right now. So pretty whoever has applied under H&C so far, does so knowing that they're taking a risk of being deported or never getting admitted to Canada ever again if app gets refused? I'm posting this to seek some advice from someone who has/had applied under this category? Or who has experience regarding this kind of application? Or anyone with some knowledge about this?

please help. thanks

So, from what you have said, the sudden death of your brother has nothing to do with your wish for your mother to immigrate to Canada. Why? Since you have mentioned, that you were trying to get the parent sponsorship, Because you would have to create your account somewhere by the end of last year, which is a bit more than 6 months before.
What did change of course, is that now you can claim, that she would be alone in India (also in such aspects her siblings or even brothers spouse if ever he was married would be considered a comparably close connections).
As was previously stated such H&C application would be checked from all angles. For now your case does not look really promising. (your mother can take care of herself for several years while you will be trying to get the sponsorship invitation just like everybody else). But then again you can try and see what the outcome shall be.

Be also aware, that an unsuccessful application will have impact on her future visa.

 

[Bornlucky]

So, from what you have said, the sudden death of your brother has nothing to do with your wish for your mother to immigrate to Canada. Why? Since you have mentioned, that you were trying to get the parent sponsorship, Because you would have to create your account somewhere by the end of last year, which is a bit more than 6 months before.
What did change of course, is that now you can claim, that she would be alone in India (also in such aspects her siblings or even brothers spouse if ever he was married would be considered a comparably close connections).
As was previously stated such H&C application would be checked from all angles. For now your case does not look really promising. (your mother can take care of herself for several years while you will be trying to get the sponsorship invitation just like everybody else). But then again you can try and see what the outcome shall be.

Be also aware, that an unsuccessful application will have impact on her future visa.

So, from what you have said, the sudden death of your brother has nothing to do with your wish for your mother to immigrate to Canada. Why? Since you have mentioned, that you were trying to get the parent sponsorship, Because you would have to create your account somewhere by the end of last year, which is a bit more than 6 months before.
What did change of course, is that now you can claim, that she would be alone in India (also in such aspects her siblings or even brothers spouse if ever he was married would be considered a comparably close connections).
As was previously stated such H&C application would be checked from all angles. For now your case does not look really promising. (your mother can take care of herself for several years while you will be trying to get the sponsorship invitation just like everybody else). But then again you can try and see what the outcome shall be.

Be also aware, that an unsuccessful application will have impact on her future visa.

These comparable relatives that you mention would need to be identified and the relationships explained, but comparing an in-law to a son is not a satisfactory measure of familial relationships so if that's included in the decision, off to the Federal Court of Canada with an unreasonable conclusion based upon the equal weight placed upon these very different relationships.

The timing of the application might be important but the point you're making evades me, but nevertheless timing could be as practical as affording the process that's being undertaken.

My question to you though is, why are you dissuading this person when there isn't nearly enough information to predict how the application might be decided without a professionally prepared application?

"Your case doesn't look promising..." that's because we are on a website and there are only a few paragraphs regarding the generalities of what are individual decisions based upon very broad factors. As for being aware that applying in-status for H&C as a reflexive negative for future considerations, it was mentioned that it is possible, but future visa decisions for this person would also consider that she also complies with the laws and comes when permitted and leaves when she's required to leave. Again, having your local MP aware of your immigration matters never hurts and could support future visa applications should this fail (they can write a little letter to accompany applications if they're willing).

Hire a professional, get their opinion, act as you see fit after becoming well informed. These are important and highly personal decisions and sometimes you do everything you can for those that you love even if the odds are slender - that's life.

It has been a while since I was in the H&C environment, but when I was in that environment, I had a pretty good view. What I can tell you is this with certainty, having good counsel makes a significant difference and decision-makers need it laid out for them.

 

[canuck78]

These comparable relatives that you mention would need to be identified and the relationships explained, but comparing an in-law to a son is not a satisfactory measure of familial relationships so if that's included in the decision, off to the Federal Court of Canada with an unreasonable conclusion based upon the equal weight placed upon these very different relationships.

The timing of the application might be important but the point you're making evades me, but nevertheless timing could be as practical as affording the process that's being undertaken.

My question to you though is, why are you dissuading this person when there isn't nearly enough information to predict how the application might be decided without a professionally prepared application?

"Your case doesn't look promising..." that's because we are on a website and there are only a few paragraphs regarding the generalities of what are individual decisions based upon very broad factors. As for being aware that applying in-status for H&C as a reflexive negative for future considerations, it was mentioned that it is possible, but future visa decisions for this person would also consider that she also complies with the laws and comes when permitted and leaves when she's required to leave. Again, having your local MP aware of your immigration matters never hurts and could support future visa applications should this fail (they can write a little letter to accompany applications if they're willing).

Hire a professional, get their opinion, act as you see fit after becoming well informed. These are important and highly personal decisions and sometimes you do everything you can for those that you love even if the odds are slender - that's life.

It has been a while since I was in the H&C environment, but when I was in that environment, I had a pretty good view. What I can tell you is this with certainty, having good counsel makes a significant difference and decision-makers need it laid out for them.

Just wanted to clarify that MP doesn't have the ability to change outcomes. I'm sure in other countries a government official would have much more say in the outcome. Doesn't hurt to include an MP letter.

 

[Bornlucky]

Just wanted to clarify that MP doesn't have the ability to change outcomes. I'm sure in other countries a government official would have much more say in the outcome. Doesn't hurt to include an MP letter.

Yes, the MP has priority for case inquiries, for example, and they may add credibility to the application, and can even assist to establish facts, if they're available to the MP. Of course a Canadian MP won't have the sort of say that an elected member in a corrupt country (government official reference you've made) but I presumptuously assumed this understanding.

On the other hand, MP's in Canada aren't alien to writing directly to the Minister on behalf of a constituent and the minister sends this correspondence on down the line - I will presume that everyone understands the priority given to the Minister's Office when they articulate an interest in a specific case.

It won't necessarily win a positive outcome for the application, but the application will continue to be highlighted as it moves forward.

Of course your MP may take no interest in it either, but you don't know that without engaging them.

Have a great day

 

[Bryanna]

I had helped the OP to prepare his/her mom's super visa application.

The younger brother passed away in January this year. The OP's mom has two siblings in India + the mom's dad and other relatives.

I would not advise an H&C in this case

 

[canuck78]

Yes, the MP has priority for case inquiries, for example, and they may add credibility to the application, and can even assist to establish facts, if they're available to the MP. Of course a Canadian MP won't have the sort of say that an elected member in a corrupt country (government official reference you've made) but I presumptuously assumed this understanding.

On the other hand, MP's in Canada aren't alien to writing directly to the Minister on behalf of a constituent and the minister sends this correspondence on down the line - I will presume that everyone understands the priority given to the Minister's Office when they articulate an interest in a specific case.

It won't necessarily win a positive outcome for the application, but the application will continue to be highlighted as it moves forward.

Of course your MP may take no interest in it either, but you don't know that without engaging them.

Have a great day

MPs usually offer to write a letter on your behalf and make inquiries about your file status but the cases are rarely highlighted because it is so common. They are supposed to represent their constituents so their offices probably rarely refuse to write a letter. What really counts is the case.

 

[canuck78]

I had helped the OP to prepare his/her mom's super visa application.

The younger brother passed away in January this year. The OP's mom has two siblings in India

This is a sad case but unfortunately not necessarily unusual. There are other widows with no children living in their country who have been trying qualify for PGP. In this case the son passed away which is very unfortunate but not sure if it will qualify for H&C. Seems like the mother does have family support from her siblings, she is young and able to care for herself and the fact that you had already applied for PGP before the accident muddies the water a bit. Your family will have to decide how you want to proceed.

 

[Bornlucky]

I had helped the OP to prepare his/her mom's super visa application.

The younger brother passed away in January this year. The OP's mom has two siblings in India + the mom's dad and other relatives.

I would not advise an H&C in this case

You obviously know more about this person's family matters then what we can see presented here, so you are best positioned to offer your opinion to this person. One point though, the applicant lost her son and I mention this with respect. The "younger brother" somehow makes this look like his application for her to remain.

This is the internet and while it would be much more fun to be in a boardroom haranguing the issue, nobody should make their decisions based upon what is said here without doing their own homework with a qualified expert. That must be you, and if you do lots of H&C's then this person is wise to listen to you.

 

[Bornlucky]

I brought my parents under supervisa here and I know at least 10 others in my area who did. Super visa is almost a lifetime visa, you can renew it and after 2 yearss, you can extend stay or exit/enter. The main CIC accepting H&C grounds for supervisa holder are following:
1. The main reason supervisa holder apply under H&C is medical benefit. super visa person need to have insurance every year.
2. Often family pay their own PR holder's parents 10000-16000 checque for their child care cost. Then the parents do tax return with low income and gets all the benefit and tax return and family who pay their parents claim 16k child care cost in their tax return and get a sweet return. Thats why they like to be their parents as PR than supervisa holder.

CIC understands everything. They might not say/do anything because of the law. But they take action in between .

Hopefully they also understand the compassionate part of Humanitarian and Compassionate grounds applications as well. Not everyone loses a child and a spouse just to get a medical card or a baby-sitting gig.

 

[Peaceful]

Thanks everyone for all your valuable inputs.

Yes, as @Bryanna mentioned, she has other siblings and relatives and her young age perhaps won't help our case. @Bryanna knows this since he was very helpful in preparing for my mom's super visa application.

Let me make this clear, I have no intention of sponsoring her to get medical benefits or child care (I wasn't even aware of this one). I guess this is what happens when system gets abused.

My mom is perfectly fine in terms of physical health, it's more mentally that I'm worried about. From what she has been through, she can't be kept alone to live or else she would get mentally disturbed, I would leave it at that.

TBH I don't even mind her coming here on a supervisa and I can keep paying for the insurance. But the problem with super visa is, (what I heared so far), it doesn't allow you to stay for 2 years on subsequent visits. This to me is so bizarre as what's the point of going through a super visa application if its only beneficial for the first visit. I thought the whole point of creating this category was to provide parents with an option to stay for longer duration as the Parent sponsorship takes longer due to CIC backlogs or lottery system. I can't have her go back to India every six months due to this, 2 years is doable.

Bottom line is, I don't think I can take the risk of applying under H&C knowing a refusal would mean she could never get a visa extension or entry or face severe scrutiny. I will still keep searching for a suitable option.