H&C grounds for elderly parents over 75

[vik999]

Hi,

I know H&C is case by case basis. I am only son, other siblings not living in India since last 10-15 years, my parents are over 75yrs old and father went through bye pass surgery and stable. presently. No one is there for them to take care in India. I applied under h&C. I tried in lottery for 2 years , but was not successful so applied in H&C.

Your suggestions how long will it take? Applied in Nov 2018.

 

[scylla]

Hi,

I know H&C is case by case basis. I am only son, other siblings not living in India since last 10-15 years, my parents are over 75yrs old and father went through bye pass surgery and stable. presently. No one is there for them to take care in India. I applied under h&C. I tried in lottery for 2 years , but was not successful so applied in H&C.

Your suggestions how long will it take? Applied in Nov 2018.

Right now first stage approval is generally taking over a year. So quite possible you may not hear anything about their case until 2020.

I would say your case is a bit weak since you aren't their only child.

 

[canuck78]

Many others have tried PGP for more tha 2 years. There is a process for bringing your parents to Canada. You only arrived in 2015 and were sponsored by your spouse so you were supposed to make plans for your parents knowing there was a good chance they could not move to Canada. Many who try to sppnsor parents via H&C get denied because there is an actual process to sponsor parents.

 

[Bs65]

One of the harsh realities of immigration unfortunately leaving parents behind and sure everyone thinks they have an H&C case but given the thousands upon thousands of people in similar situation realistically not everyone can come to Canada.

With the existence of other siblings and pre existing health condition although nobody here can do more than speculate the odds of success seem low . This is why many people go for a super visa which at least gives extended stays over a 10 year period.

As per Canuck the OP only arrived 4 years ago so assume parents were already in their 70s so this scenario should not have been something unplanned for unless immigration was on expectation parents could follow of course.

 

[vensak]

Hi,

I know H&C is case by case basis. I am only son, other siblings not living in India since last 10-15 years, my parents are over 75yrs old and father went through bye pass surgery and stable. presently. No one is there for them to take care in India. I applied under h&C. I tried in lottery for 2 years , but was not successful so applied in H&C.

Your suggestions how long will it take? Applied in Nov 2018.

Sorry Canada believes in equality. So their daughters (your sisters) have the same validity, rights and responsibilities like you.
If you applied for them still being in India, that case will be rejected, As they will have to be in Canada first.
However with what you have stated you do not really seem to have H&C case on hand.

 

[canuck78]

Sorry Canada believes in equality. So their daughters (your sisters) have the same validity, rights and responsibilities like you.
If you applied for them still being in India, that case will be rejected, As they will have to be in Canada first.
However with what you have stated you do not really seem to have H&C case on hand.

They’d have to be in Canada to apply. Assume they arrived on a TRV or Supervisa.

 

[vensak]

They’d have to be in Canada to apply. Assume they arrived on a TRV or Supervisa.

Not really, he can submitted application (post office will take the envelope as long as you pay the postal fee). He did not state exactly if his parents are now in Canada or not.

 

[zardoz]

Not really, he can submitted application (post office will take the envelope as long as you pay the postal fee). He did not state exactly if his parents are now in Canada or not.

They MUST be in Canada to apply. The eligibility criteria for H&C are applicable not just for application submission but for the full period of the application processing. They can't apply and then go home...

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html

Who may use this application?
You may use this application to apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:

• are a foreign national currently living in Canada;
• need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada;
• believe humanitarian and compassionate considerations justify granting the exemption(s) you need; and
• are not eligible to apply for permanent residence from within Canada in any of these classes:
  • Spouse or Common-Law Partner;
  • Live-in Caregiver;
  • Caregivers: caring for children or people with high medical needs;
  • Protected Person and Convention Refugees; and
  • Temporary Resident Permit Holder.

 

[vensak]

They MUST be in Canada to apply. The eligibility criteria for H&C are applicable not just for application submission but for the full period of the application processing. They can't apply and then go home...

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html

Who may use this application?
You may use this application to apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:

• are a foreign national currently living in Canada;
• need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada;
• believe humanitarian and compassionate considerations justify granting the exemption(s) you need; and
• are not eligible to apply for permanent residence from within Canada in any of these classes:
  • Spouse or Common-Law Partner;
  • Live-in Caregiver;
  • Caregivers: caring for children or people with high medical needs;
  • Protected Person and Convention Refugees; and
  • Temporary Resident Permit Holder.

I was merely stating, that nothing stops them from sending out application package (it is just a recommended letter). Of course if you apply for something you are not eligible to apply you would be rejected later on (based on not being eligible).
In the case above no details about parents current being was stated at all.