H&C Application as alternative to Sponsorship of Parents

[Amit Chandigarian]

This is far from a guarantee even if a parent is widowed. Not getting selected for PGP is why things like a supervisa exists. Canada has provided options for parents wanting to spend an extended time with their children while understanding that Canada can not absorb all the parents who would like to move to Canada as a PR. Canada has been pretty flexible about granting extensions during covid. That is not a reason for granting H&C. If he is refused H&C that could create problems getting a supervisa or TRV so you should decide if you are willing to take the risk.


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

Thank you so much for your valuable feedback. I have few doubts about the Super Visa application after getting H & C rejected. Officer might be reluctant to approve since he knows the intention to live permanently in Canada. I have gone through this decision and feel my case is bit stronger than this one.

- My Two boys are of 3 and 8 age group and very much attached to their grandpa. In fact the little one is just like his shadow.
- India's condition is very well know to everyone these days. Its running short of COVID-19 treatment.
-My father being 81 can catch this virus and there is nobody to look after him in India.
-He is hard of hearing and emotionally attached to me and my family.
-He is also a pensioner like the gentleman in this court decision ( Negative point )
-I am not able to get him super visa since I don't qualify income wise and I believe his you have Super Visa already, it's very difficult to get H & C approved.
-He lived in Canada since May 2017 and living continuously for 2 years.
-I have one real sister in Australia but in Indian culture, parents live with boy and he has always been living with me.
-He has established his ties to Canada as he runs a Yoga camp, give spiritual healing to senior people, teach astrology to kids of my friends. He volunteers in the Hindu Temple as well.
-He has history of surgeries where I have to travel all the way from Canada to India as there was nobody to look after him.

After looking at this facts, please advice if his case is H & C worthy or not.

-Amit

 

[k.h.p.]

Thank you so much for your valuable feedback. I have few doubts about the Super Visa application after getting H & C rejected. Officer might be reluctant to approve since he knows the intention to live permanently in Canada. I have gone through this decision and feel my case is bit stronger than this one.

- My Two boys are of 3 and 8 age group and very much attached to their grandpa. In fact the little one is just like his shadow.
- India's condition is very well know to everyone these days. Its running short of COVID-19 treatment.
-My father being 81 can catch this virus and there is nobody to look after him in India.
-He is hard of hearing and emotionally attached to me and my family.
-He is also a pensioner like the gentleman in this court decision ( Negative point )
-I am not able to get him super visa since I don't qualify income wise and I believe his you have Super Visa already, it's very difficult to get H & C approved.
-He lived in Canada since May 2017 and living continuously for 2 years.
-I have one real sister in Australia but in Indian culture, parents live with boy and he has always been living with me.
-He has established his ties to Canada as he runs a Yoga camp, give spiritual healing to senior people, teach astrology to kids of my friends. He volunteers in the Hindu Temple as well.
-He has history of surgeries where I have to travel all the way from Canada to India as there was nobody to look after him.

After looking at this facts, please advice if his case is H & C worthy or not.

-Amit

No one here can advise you if a last-ditch, inappropriate use of H&C to get a supervisa while acknowledging an intent to live in Canada is a good move. Hire a lawyer.

 

[YVR123]

-He has established his ties to Canada as he runs a Yoga camp, give spiritual healing to senior people, teach astrology to kids of my friends. He volunteers in the Hindu Temple as well.

I will be careful about this. Wouldn't running a Yoga camp be a job or a business or running a non-profit? I hope no one pay anything and he is taking up all the cost of the camp.

 

[Amit Chandigarian]

No one here can advise you if a last-ditch, inappropriate use of H&C to get a supervisa while acknowledging an intent to live in Canada is a good move. Hire a lawyer.

Thanks for your response.

 

[Amit Chandigarian]

I will be careful about this. Wouldn't running a Yoga camp be a job or a business or running a non-profit? I hope no one pay anything and he is taking up all the cost of the camp.

Thanks for your reply

 

[Bornlucky]

Thank you so much for your valuable feedback. I have few doubts about the Super Visa application after getting H & C rejected. Officer might be reluctant to approve since he knows the intention to live permanently in Canada. I have gone through this decision and feel my case is bit stronger than this one.

- My Two boys are of 3 and 8 age group and very much attached to their grandpa. In fact the little one is just like his shadow.
- India's condition is very well know to everyone these days. Its running short of COVID-19 treatment.
-My father being 81 can catch this virus and there is nobody to look after him in India.
-He is hard of hearing and emotionally attached to me and my family.
-He is also a pensioner like the gentleman in this court decision ( Negative point )
-I am not able to get him super visa since I don't qualify income wise and I believe his you have Super Visa already, it's very difficult to get H & C approved.
-He lived in Canada since May 2017 and living continuously for 2 years.
-I have one real sister in Australia but in Indian culture, parents live with boy and he has always been living with me.
-He has established his ties to Canada as he runs a Yoga camp, give spiritual healing to senior people, teach astrology to kids of my friends. He volunteers in the Hindu Temple as well.
-He has history of surgeries where I have to travel all the way from Canada to India as there was nobody to look after him.

After looking at this facts, please advice if his case is H & C worthy or not.

-Amit

Hi there,

H&Cs are unpredictable things and what you need is a reputable lawyer with a track record for this specific type of application. The reality is that Canada offers this application type in order to provide relief for people who may otherwise be inadmissible so there's no shame in applying for something that is offered.

You can look at the considerations that the decision-makers entertain here: https://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf

Not every country publishes their internal manuals so this is a very good resource even though it's daunting for anyone not exposed to the finer points of immigration policy, and their more salient points of concern.

In a nutshell, the requirement to make your case is the responsibility of the applicant, so a well articulated submission of information and documents addressing these principle points is the soul of a successful application. The decision is discretionary and not statutory so the officer needs to be convinced by your submissions. Experienced counsel should help you to decide whether or not you should even proceed down this road.

Will a negative decision have an impact on future TRV applications? Maybe. Will your father be permitted to remain in Canada while the process works its long journey to get before a decision maker? Maybe not, but they'll still make a decision even if he's no longer in Canada.

I don't have any recent experience in the ever changing, swirling world of immigration policies and legislation but the principles of H&C usually expand rather than contract. You get what you pay for when it comes to representation so if you are moving forward then shell out for a really experienced law firm that specializes in immigration law and can cite their H&C successes.

Having an undecided H&C application for a loved one is a stress inducing experience so prep yourself by expecting a negative decision and preparing for an alternative to him being in Canada should that happen - save resources, talk to your sibling abroad, or whomever may have to pick up the ball should it fail. If it then succeeds, buy yourself something nice for being a loving child.

Good luck with whatever may come

 

[canuck78]

Thank you so much for your valuable feedback. I have few doubts about the Super Visa application after getting H & C rejected. Officer might be reluctant to approve since he knows the intention to live permanently in Canada. I have gone through this decision and feel my case is bit stronger than this one.

- My Two boys are of 3 and 8 age group and very much attached to their grandpa. In fact the little one is just like his shadow.
- India's condition is very well know to everyone these days. Its running short of COVID-19 treatment.
-My father being 81 can catch this virus and there is nobody to look after him in India.
-He is hard of hearing and emotionally attached to me and my family.
-He is also a pensioner like the gentleman in this court decision ( Negative point )
-I am not able to get him super visa since I don't qualify income wise and I believe his you have Super Visa already, it's very difficult to get H & C approved.
-He lived in Canada since May 2017 and living continuously for 2 years.
-I have one real sister in Australia but in Indian culture, parents live with boy and he has always been living with me.
-He has established his ties to Canada as he runs a Yoga camp, give spiritual healing to senior people, teach astrology to kids of my friends. He volunteers in the Hindu Temple as well.
-He has history of surgeries where I have to travel all the way from Canada to India as there was nobody to look after him.

After looking at this facts, please advice if his case is H & C worthy or not.

-Amit

The situation in India is not a permanent situation so arguing that covid is the reason your father needs to remain in Canada is likely not a great argument but I am not your writing your H&C application. In terms of grandchildren being fond of their grandparents I think that is the case in most families. The Indian cultural norms of having to live with the elder son is not really a great argument since we live in Canada not India. He has also been visiting Canada for 2 years as is perfectly allowed and many parents are able to visit for extended periods. One of the H&C factors will be his ability to financially support himself or for you to financially support him without government support. If you have not been able to qualify for LICO that will likely be one of the issues that will come up in any H&C application. You obviously intend to go ahead with the H&C application and that is your prerogative but I would suggest you use the help of a good lawyer and you also make plans of what will happen if he is denied. In general you should be considering how your application is different than all the other parents visiting their children and how your father's case has humanitarian an compassionate reasons that makes him eligible to get PR via H&C versus everyone else working hard to meet LICO and applying numerous times to the PGP program.

Would add that it appears as if your father is working illegally. He can't operate a yoga camp, teach astrology or give spiritual healing. He can volunteer at the temple as long as he isn't doing something that a paid employee could do.

 

[canuck78]

I will be careful about this. Wouldn't running a Yoga camp be a job or a business or running a non-profit? I hope no one pay anything and he is taking up all the cost of the camp.

Even if n one is paying it would still be considered illegal work because others are offering this as a paid service.

 

[Katia Dimitroff]

Hello guys,
for those who face problems in meeting the requirements of the Sponsorship of Parents program or just simply are tired of waiting out the years of possessing times, you may consider the application for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) for your parents instead. (Your parent should be in Canada on the time of application)
http://www.cic.gc.ca/english/information/applications/guides/5291ETOC.asp

I can definitely say – it works. We filed the application to sponsor our Mother back in May 2010 and after 4 years of waiting our application was refused due to the error in calculation of our income with no right to appeal....

But we did not give up and next month we filed another application for our Mother based on humanitarian and compassionate grounds (H&C) and we've won!

It looks like our timeline is one of the fastest for the H&R applications posted as it took the CIC just 11 months to finalize it.

Here it is:
Application sent on March 24 2014
AIP (1st stage approval) July 31 2014
Medicals and Police certificate request December 9 2014
Decision Made February 18 2015
Landing interview February 24 2015

It has taken exactly 11 months! Our Mom is a Permanent Resident now and we can finally relax.

Thank you for the hint Suin,

Please specify after indicating with a check mark in the sponsorship application for H&C should I fill and attach IMM5283 form

 

[joefe]

Hi.... My parents are 77 & 79 years old, and they have been with me in Canada for the last 7 years on a visitor visa. I kept extending their stay and it was granted all this time. I and my brother are both in Canada and as a result, they don't have anyone to take care of them back home.

I have been trying for the PGP program since 2019 and since 2020 we have 2 "interest to sponsor" in the lottery pool (one by my brother and one be me), but to our bad luck, their lottery was never picked since the last 4 year (although the same pool was used for the last 4 years).

In Dec 2022, I filed for an H&C application for my parents, on the basis that they are close to their grandchildren and they have no support or help in India. But just last week, their H&C case was REFUSED. The lawyer suggests we can appeal. What are the chances that an H&C appeal will be successful?

Please appreciate your guidance and advise.

 

[scylla]

Hi.... My parents are 77 & 79 years old, and they have been with me in Canada for the last 7 years on a visitor visa. I kept extending their stay and it was granted all this time. I and my brother are both in Canada and as a result, they don't have anyone to take care of them back home.

I have been trying for the PGP program since 2019 and since 2020 we have 2 "interest to sponsor" in the lottery pool (one by my brother and one be me), but to our bad luck, their lottery was never picked since the last 4 year (although the same pool was used for the last 4 years).

In Dec 2022, I filed for an H&C application for my parents, on the basis that they are close to their grandchildren and they have no support or help in India. But just last week, their H&C case was REFUSED. The lawyer suggests we can appeal. What are the chances that an H&C appeal will be successful?

Please appreciate your guidance and advise.

It's hard for us to comment without knowing the details of the application and their profile. For example, whether you are an only child or have siblings living elsewhere. You also haven't indicated the refusal reasons or what evidence you submitted to support their case, such as BIOC.

Ultimately no one here will be able to tell you the chances of approval.

You may want to join the large H&C thread in the Refugee / Asylum section of the forum and ask further questions there.

 

[joefe]

It's hard for us to comment without knowing the details of the application and their profile. For example, whether you are an only child or have siblings living elsewhere. You also haven't indicated the refusal reasons or what evidence you submitted to support their case, such as BIOC.

Ultimately no one here will be able to tell you the chances of approval.

You may want to join the large H&C thread in the Refugee / Asylum section of the forum and ask further questions there.

My brother and I are the only children they have who are in Canadian citizens.

The officer has not provided any reason for refusal.

The H&C was applied on the pretext that both children are in Canada, and the grandparents have been assisting with the grandchildren who are very close to the grandparents. In 7 years the the grandparents have now established a life in Canada.

 

[scylla]

My brother and I are the only children they have who are in Canadian citizens.

The officer has not provided any reason for refusal.

The H&C was applied on the pretext that both children are in Canada, and the grandparents have been assisting with the grandchildren who are very close to the grandparents. In 7 years the the grandparents have now established a life in Canada.

Did you order GCMS notes yet?

What was the list of evidence you provided to show the established life in Canada and relationships with the grandchildren?

 

[canuck78]

Did you order GCMS notes yet?

What was the list of evidence you provided to show the established life in Canada and relationships with the grandchildren?

There seems to be shift where more parents attempting to get PR not through PGP are being refused because such a large volume are applying for H&C. H&C was really meant for exceptional cases and there is a quota for parent sponsorship for a reason. There is a good chance that H&C policies may be tightening as volume of applicants increases. For a long time H&C has been quite generous with their approvals which has lead to many more people viewing H&C as a somewhat easy pathway to PR when there are no other options. The supervisa program and the ability to get extensions relatively easily has given people the false impression that parents can move to Canada and will be able to remain in Canada permanently. Parent sponsorship was never guaranteed. We can’t care for our current seniors, many of them immigrants, who have worked and paid into the system for decades. Many Canadian grandparents only see their grandchildren infrequently even when they live in Canada.

Would add the fact that both your parents are alive would mean they would not be alone if they returned to their home country. If they have been able to extend their visit and secure supervisa insurance it would also likely mean they are in good/decent health. Applying for PGP since 2019 means you only applied twice. It is not uncommon for people to wait 5-10+ years to get selected for PGP. IRCC gives the false impression that after 3 years meeting LICO parent sponsorship should be easy to secure or that it is almost guaranteed which is not the case. It would be much better for IRCC to be upfront so people could make immigration decisions knowing parent sponsorship may not be an option or may take a very long time.