Humanitarian and compasionate case
- Thread starter Kaca
- Start date
You would be overstaying your visa. Yes you could remain but it could have negative consequences in thr future when in comes to travel abroad and in Canda if H&C is denied.
Yes - you can remain in Canada while you wait for the outcomes of the H&C application.
We are applying for H&C for permanent residency for my parents. Both my sister and I live in Canada. My parents have 5 grandkids. They are in Canada since June 2017. Every time we extended their visitor status. They are still in Canada, we submit another visitor record extension for my parents until October 2020. But my concern was what will happen if they reject this time visitor record, we have extended it in the past 3 times. Also I prefer to have my parents stay in Canada while waiting on a decision from H&C, because they might request more info and also afraid if send them back home they might not come back to Canada because of the borders being closed due to COVID 19. Hoping this won’t cause issues if they overstay in Canada while waiting on decision from H&C? Any other solution? Was thinking of restoration of the status, can this help? Also my brother is in the H&C aplication, he came to Canada as an international student, just graduated and he got great job in his field. Will update H&C officer about my brother. Thank you for your advice.
If the visitor extension is refused, then your parents can try applying to restore their status. If restoration is also refused, then they will need to remain in Canada without status while waiting for the results of the H&C application. There's really no other solution.
When was the H&C application submitted? Processing times are currently around 3 years.
We submited H&C application August 2019. This is the second time we are doing H&C application. They havent started looking application yet. First time we submited H&C application in August 2018, they asked for the medicals to be done, we submited everything and they refused us after 9 months.Reason not enough sufficient factors for PR to be granted. This is what the wrote in the letter. So we decided to try again and submit another H&C application.
I'm assuming you submitted much stronger evidence of H&C with the second application.
At this point there's really nothing you can do but wait. Based on experiences on this forum, it's most likely going to be August 2021 at the earliest before you hear anything.
Your family got very lucky and still received visitor extensions after the H&C refusal. Not sure why your brother is also applying for H&C. If he studied in Canada and now has a job there are much better ways to secure PR. H&C is a last resort option and has low sucess rate. Having all of your family members in Canada does not guarantee H&C. I assume your previous refusal indicated that the PGP program was created for people to sponsor their parents.
Why should they go the regular routes available everyone else does to live in Canada , when they have the H&C route at their disposal ?
Obviously the end goal is to have the whole family live in Canada together , without going thru the many routes to apply , and possibly be refused, as they already were once
Obviously the end goal is to have the whole family live in Canada together , without going thru the many routes to apply , and possibly be refused, as they already were once
Now that it had come out that your parents have been denied H&C in 2019, I think there is pretty high chances that and further extensions will be refused.
We included my brother in the H&C application because he was 21 at a time when we applied, he depended on his parents. Yes I am happy that they approved visitor record extension for my parents even thou they rejected H&C application. My hope is that this time will be different and that immigration officer will be fair as a previous one just said there is not enough grounds for PR to be granted.We want all my family to reunite and have my parents be with their grandchildren. I trust in the Lord and pray for a miracle.
So he has now been removed from their H&C application. Your brother doesn’t have any H&C situation. There is programs to reunite family members which are the PGP or supervisa. You have to show that there is an exceptional reason why they can’t return home and you can’t wait until your qualify for PGP. If your brother is around 21, your parents are likely relatively young. Perhaps in they 50s/60s and they should be able to care for themselves in their home country and they aren’t alone since they are together and may have other extended family around them in their home couthey. I assume these are some of the reasons they were denied H&C the first time.
if the only h&c reason you have is you WANT to reunite, then the officer was extremely fair. your brother, upon graduation and acquiring a pgwp has a good chance to acquire pr on his own so long as he continues to pursue that path.
This is one of many of them we included. For my brother, that is true as long as he contine to pursue that path he will eventually get PR.