Application under HnC Grounds while on a Visitors' Visa

[winchester]

Background:
My entire family is in Canada on PRs, citizenships, student visas, or PGP.
Except my mother.
(Her mother - PGP
Her brother - Citizen
Her nephew - Citizen
Her eldest child - PR
Her middle child - Student
Her youngest child - Student)

She is 52 and separated from her husband (who is in India and is not in touch with the family).She does not have enough work experience/ points to apply for a PR under the Express Entry program (or PNP, for that matter). I just arrived and I cannot apply for PGP for her for another three years (until I can provide income proof/ I don't have a job as yet). She is currently on a visitor visa which expires on March 2, 2019.

Question 1: I plan to apply for a PR for her on HnC grounds on the basis that she has no family left in India nor does she have a house to go back to. What are the odds of this getting approved?

Question 2: Should I apply for a TRV extension and the PR visa simultaneously? If yes, what happens when the TRV expires and we are still waiting for news on the PR visa. Is she allowed to stay till she receives a decision on the HnC application?

Question 3: We can't afford a lawyer, so we plan to do the application ourselves. Are there any resources to help us?

I'd be grateful for any insights you have on the matter, thank you very much in advance.

 

[scylla]

Background:
My entire family is in Canada on PRs, citizenships, student visas, or PGP.
Except my mother.
(Her mother - PGP
Her brother - Citizen
Her nephew - Citizen
Her eldest child - PR
Her middle child - Student
Her youngest child - Student)

She is 52 and separated from her husband (who is in India and is not in touch with the family).She does not have enough work experience/ points to apply for a PR under the Express Entry program (or PNP, for that matter). I just arrived and I cannot apply for PGP for her for another three years (until I can provide income proof/ I don't have a job as yet). She is currently on a visitor visa which expires on March 2, 2019.

Question 1: I plan to apply for a PR for her on HnC grounds on the basis that she has no family left in India nor does she have a house to go back to. What are the odds of this getting approved?

Question 2: Should I apply for a TRV extension and the PR visa simultaneously? If yes, what happens when the TRV expires and we are still waiting for news on the PR visa. Is she allowed to stay till she receives a decision on the HnC application?

Question 3: We can't afford a lawyer, so we plan to do the application ourselves. Are there any resources to help us?

I'd be grateful for any insights you have on the matter, thank you very much in advance.

1) It's hard to guess, but I would say her chances are on the lower side since two of her children are only here temporarily and since she is still relatively young.
2) Yes - I would apply to extend her stay in Canada. She should be able to remain in Canada until a decision is made in the H&C application. Note that if the H&C application is refused, it will likely be very difficult / impossible for her to return to Canada in the future as a visitor.
3) A lawyer is the best option for H&C applications. If hiring a lawyer isn't an option, then I would recommend that you read through the H&C application requirements in detail on the IRCC website and also search for historical discussions on this forum on this topic.

 

[winchester]

1) It's hard to guess, but I would say her chances are on the lower side since two of her children are only here temporarily and since she is still relatively young.
2) Yes - I would apply to extend her stay in Canada. She should be able to remain in Canada until a decision is made in the H&C application. Note that if the H&C application is refused, it will likely be very difficult / impossible for her to return to Canada in the future as a visitor.
3) A lawyer is the best option for H&C applications. If hiring a lawyer isn't an option, then I would recommend that you read through the H&C application requirements in detail on the IRCC website and also search for historical discussions on this forum on this topic.

Thank you for your time!
My siblings plan on staying here after their education and apply for PR themselves. They do not intend to go back. Does that make a difference at all?

 

[scylla]

Thank you for your time!
My siblings plan on staying here after their education and apply for PR themselves. They do not intend to go back. Does that make a difference at all?

I don't know if it will make a difference. They are only here temporarily at this time. I'm not sure their future intentions are relevant. Studying in Canada doesn't guarantee PR.

Quite possible IRCC may say there are no H&C grounds and that your mother can apply for a super visa as soon as you have a job where you are earning enough income. The super visa was specifically introduced to provide parents with an opportunity to visit Canada for longer periods of time while they either wait for PGP to be processed or wait to qualify.

 

[canuck_in_uk]

Background:
My entire family is in Canada on PRs, citizenships, student visas, or PGP.
Except my mother.
(Her mother - PGP
Her brother - Citizen
Her nephew - Citizen
Her eldest child - PR
Her middle child - Student
Her youngest child - Student)

She is 52 and separated from her husband (who is in India and is not in touch with the family).She does not have enough work experience/ points to apply for a PR under the Express Entry program (or PNP, for that matter). I just arrived and I cannot apply for PGP for her for another three years (until I can provide income proof/ I don't have a job as yet). She is currently on a visitor visa which expires on March 2, 2019.

Question 1: I plan to apply for a PR for her on HnC grounds on the basis that she has no family left in India nor does she have a house to go back to. What are the odds of this getting approved?

Question 2: Should I apply for a TRV extension and the PR visa simultaneously? If yes, what happens when the TRV expires and we are still waiting for news on the PR visa. Is she allowed to stay till she receives a decision on the HnC application?

Question 3: We can't afford a lawyer, so we plan to do the application ourselves. Are there any resources to help us?

I'd be grateful for any insights you have on the matter, thank you very much in advance.

Be very careful with an H&C app. As scylla said, a failed H&C app virtually guarantees she will not be able to come to Canada as a visitor in future. The "lonely parent" argument can work when the parent is elderly and in need of care with no family around but that doesn't appear to be the situation here.

 

[Bryanna]

Thank you for your time!
My siblings plan on staying here after their education and apply for PR themselves. They do not intend to go back. Does that make a difference at all?

You may want to consider this:
1. Apply to extend her current stay on the TRV entry.

2. You would need at least one NOA + you must meet LICO + have a stable financial situation.... to be apply for her super visa. Also, she must apply for a super visa when she is in India.

3. Later, you can apply for PGP when you're eligible.

4. Given her circumstances, her age, etc applying for H&C is high-risk. If refused, she is unlikely to be granted any temporary residence visas in the future

5. No idea how she was able to demonstrate her strong ties to India + a good financial situation. Based on your post, IMO, she was pretty lucky to have been granted a TRV

 

[canuck78]

Her brother and his family have very little to do with her case. You just got PR and her her 2 children are student's in Canada. This wasn't a surprise that she would remain in India alone and you should have planned for this. Others wait for 3 years or more to sponsor parents who have not much family around. One of her children could also have gone to school in India and lived with her. Not sure why you feel that a 52 year old should get preferential treatment over other families. If she no longer has housing in India that will be viewed as her fault since she only came to Canada on a 6 month visa.

 

[Copingwithlife]

She elected to leave India, giving up her house , how that would fall under the H & C parameters is beyond me . And as well, everyone in the family decided to leave her there and come to Canada, question being is the family appears to not have put her well being before their needs, why should the Government of Canada do it now, if her own family never did it ?

 

[winchester]

I don't know if it will make a difference. They are only here temporarily at this time. I'm not sure their future intentions are relevant. Studying in Canada doesn't guarantee PR.

Quite possible IRCC may say there are no H&C grounds and that your mother can apply for a super visa as soon as you have a job where you are earning enough income. The super visa was specifically introduced to provide parents with an opportunity to visit Canada for longer periods of time while they either wait for PGP to be processed or wait to qualify.

Okay cool, thank you for your inputs

 

[winchester]

Be very careful with an H&C app. As scylla said, a failed H&C app virtually guarantees she will not be able to come to Canada as a visitor in future. The "lonely parent" argument can work when the parent is elderly and in need of care with no family around but that doesn't appear to be the situation here.

Yeah, the more I read about it, the more unlikely that this is going to happen..
Either way, thank you for your input

 

[winchester]

You may want to consider this:
1. Apply to extend her current stay on the TRV entry.

2. You would need at least one NOA + you must meet LICO + have a stable financial situation.... to be apply for her super visa. Also, she must apply for a super visa when she is in India.

3. Later, you can apply for PGP when you're eligible.

4. Given her circumstances, her age, etc applying for H&C is high-risk. If refused, she is unlikely to be granted any temporary residence visas in the future

5. No idea how she was able to demonstrate her strong ties to India + a good financial situation. Based on your post, IMO, she was pretty lucky to have been granted a TRV

Looks like this is the route I will have to take. Just that PGP looks like it will take a while and she is too young to be sitting at home and twiddling thumbs on a super visa. But yeah, that's something we have to deal with.

Yeah, I agree. She was lucky. She was refused initially, but she was granted on the basis that my siblings are undergrads (18, 19) and first time in a new country, so they needed help setting up.

Thank you for your input!

 

[winchester]

Her brother and his family have very little to do with her case. You just got PR and her her 2 children are student's in Canada. This wasn't a surprise that she would remain in India alone and you should have planned for this. Others wait for 3 years or more to sponsor parents who have not much family around. One of her children could also have gone to school in India and lived with her. Not sure why you feel that a 52 year old should get preferential treatment over other families. If she no longer has housing in India that will be viewed as her fault since she only came to Canada on a 6 month visa.

Not sure where you are getting the "preferential treatment" bit from but please think twice about being harsh about something you know not more than a few sentences about. It is not like there is a dearth of visas and one is being snatched away from someone else and handed to my mother who is "less deserving"?

As for having planned for this, HnC is quite literally the last resort, we have thought of pretty much everything else; her case is difficult because she's stuck at that age where she's too old for some things and too young for others.
She's had a tough life and given up everything to get us to where we are. So maybe it's a child's folly for not wanting their mother packed and sent back to where she literally has no support system, even if it is for a year or so. Sorry that you feel this is a very mean thing to do.

Either way, thank you for your input.

 

[winchester]

She elected to leave India, giving up her house , how that would fall under the H & C parameters is beyond me . And as well, everyone in the family decided to leave her there and come to Canada, question being is the family appears to not have put her well being before their needs, why should the Government of Canada do it now, if her own family never did it ?

She left India because her teen children were going to literally the other end of the Earth for the first time in their lives, having secured admission in a course that would probably help them have great careers. As far as the house goes, do you believe in unforeseen circumstances maybe?

And this post is one of the ways her family is figuring out how to secure her welfare.

In a world where we can be anything, literally anything, how about we choose to be kind?
Happy new year.

Thank you for your input.

 

[canuck78]

Not sure where you are getting the "preferential treatment" bit from but please think twice about being harsh about something you know not more than a few sentences about. It is not like there is a dearth of visas and one is being snatched away from someone else and handed to my mother who is "less deserving"?

As for having planned for this, HnC is quite literally the last resort, we have thought of pretty much everything else; her case is difficult because she's stuck at that age where she's too old for some things and too young for others.
She's had a tough life and given up everything to get us to where we are. So maybe it's a child's folly for not wanting their mother packed and sent back to where she literally has no support system, even if it is for a year or so. Sorry that you feel this is a very mean thing to do.

Either way, thank you for your input.

By selecting H&C you essentially are saying that you deserve to skip the PGP that others use so yes you are asking for your mother to have preferential treatment. Your family has planned for all of the children to move or study in Canada knowing that there was no way for your mother to remain in Canada. You could have remained in India, your siblings could have studied in India. There are plenty of options just not the one you want.

 

[winchester]

By selecting H&C you essentially are saying that you deserve to skip the PGP that others use so yes you are asking for your mother to have preferential treatment. Your family has planned for all of the children to move or study in Canada knowing that there was no way for your mother to remain in Canada. You could have remained in India, your siblings could have studied in India. There are plenty of options just not the one you want.

Yeah, we all should have remained in India. Definitely.
Thank you very much for pointing that out.