H&C application for overseas parents

[aathar]

Hello
I am in a situation. My parents were in Pakistan when my father was with diagnosed Cancer around 8 months ago. I came back to take care of him and stayed since then. It is financially difficult for me to run 2 families (1 in Canada, 1 in Pakistan). My parents also have valid Visit Visa. Anyway, I wrote to my MP and asked for help.

Here is the reply I received from the MP office.

If you would like to apply based on humanitarian and compassionate reasons from outside of Canada, you may do so in writing.
Your letter must be accompanied with an application for permanent residence made in one of the existing three classes (family, economic or refugee).

For eligibility, you may visit: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/outside-canada/eligibility-submit-application-overseas-context.html

Eligibility to submit an H&C application in the overseas context - Canada.ca Foreign nationals who are inadmissible, or who do not meet the requirements of the Act or Regulations, may make a written request for consideration under A25(1).The Minister must examine an application for consideration on H&C grounds from a foreign national outside Canada except foreign nationals to whom any of the following apply: www.canada.ca

The application will be assessed for eligibility and a decision will be made whether or not to grant the requested exemptions. For details on the application process, please visit: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/outside-canada.html

Humanitarian and compassionate: processing applications from outside Canada - Canada.ca You must assess the eligibility of the applicant under one of the three immigration classes. If the applicant does not meet the requirements of the class in which the application was made, you may consider the H&C request, except in the case of Ministerial Instructions.. The decision maker assesses H&C grounds and decides, in light of all the circumstances of a case, whether or not to grant ... www.canada.ca

I hope this information is helpful to you, and please feel free to directly respond to this email should you have any questions.

I have 2 questions here:
1 - What is the difference between family/ Economic and refugee class? Does family class mean that I will be responsible for all medical expenses of my father treatment?

2 - Which forms should I fill? The CICwebsite says:

Submitting a request
In Canada: A request under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA) in Canada for an exemption based on humanitarian and compassionate (H&C) or public policy consideration (IMM 5283) must accompany an application for permanent residence in Canada (IMM 0008). The application must be submitted in accordance with the requirements specified in section R10 of the Immigration and Refugee Protection Regulations (IRPR).
Overseas: applicants must use one of the existing departmental application forms for the three immigration classes (family, economic or refugee) and provide additional written information in support of their request for consideration under subsection A25(1).

which "existing departmental application forms" are they referring to?

Can someone please guide me, so I can initiate the process

Thanks
V

 

[scylla]

Hello
I am in a situation. My parents were in Pakistan when my father was with diagnosed Cancer around 8 months ago. I came back to take care of him and stayed since then. It is financially difficult for me to run 2 families (1 in Canada, 1 in Pakistan). My parents also have valid Visit Visa. Anyway, I wrote to my MP and asked for help.

Here is the reply I received from the MP office.



I have 2 questions here:
1 - What is the difference between family/ Economic and refugee class? Does family class mean that I will be responsible for all medical expenses of my father treatment?

2 - Which forms should I fill? The CICwebsite says:


which "existing departmental application forms" are they referring to?

Can someone please guide me, so I can initiate the process

Thanks
V

The MP's office aren't immigration experts and I think they are giving you confusing information.

Applying through H&C is only be possible if your parents are physically in Canada. They cannot apply from outside of Canada. They would need to travel to Canada on their TRVs first and then apply for H&C once in Canada. A few risks / issues here are that they will be without health care coverage for some time (assume 1+ years) which means that they or you will need to pay for any health care required out of pocket. Also, there will certainly be a risk that their application may be refused on medical grounds. Having said that, you can certainly try.

To sponsor them through family class (parent / grandparent sponsorship), you would need to first meet the income requirements from a job in Canada. Then you would need to enter the parent / grandparent sponsorship lottery and be selected from all of the applicants in the pool. We expect the lottery to reopen later this year but don't know when. You need to be living and working in Canada to qualify and need to have met the income requirements for the last three years. If you sponsor them through this route, then there is once again going to be the potential risk of refusal on medical grounds.

Economic class is immigration programs like Express Entry where an applicant applies based on their age, skilled work experience, language scores, etc.

In all cases, once they have PR status officially, they will be covered by the provincial health care system.

 

[aathar]

The MP's office aren't immigration experts and I think they are giving you confusing information.

Applying through H&C is only be possible if your parents are physically in Canada. They cannot apply from outside of Canada. They would need to travel to Canada on their TRVs first and then apply for H&C once in Canada. A few risks / issues here are that they will be without health care coverage for some time (assume 1+ years) which means that they or you will need to pay for any health care required out of pocket. Also, there will certainly be a risk that their application may be refused on medical grounds. Having said that, you can certainly try.

To sponsor them through family class (parent / grandparent sponsorship), you would need to first meet the income requirements from a job in Canada. Then you would need to enter the parent / grandparent sponsorship lottery and be selected from all of the applicants in the pool. We expect the lottery to reopen later this year but don't know when. You need to be living and working in Canada to qualify and need to have met the income requirements for the last three years. If you sponsor them through this route, then there is once again going to be the potential risk of refusal on medical grounds.

Economic class is immigration programs like Express Entry where an applicant applies based on their age, skilled work experience, language scores, etc.

In all cases, once they have PR status officially, they will be covered by the provincial health care system.

@scylla Thanks for the reply. I actually got somewhat same reply from IRCC minister Honorable Marco's office as well. They too mentioned to apply for H&C, based on what I told them - I told them everything honestly, regarding my father's illness and my reason of not being able to return back to Canada. At the moment, I am risking my job, my married life, my savings and my own health, just because we weren't selected in the lottery system. I DO meet the income requirements.

Do you know why they would refuse on Medical grounds when they themselves have asked me to apply for it? can you provide any link so I can look at it?

Also, I heard that if H&C is refused, it gets difficult to travel on TRV, as the officer sees it and can refuse entry - doubting that the person wouldn't leave the country since he applied for H&C PR.

How true is that?

 

[scylla]

@scylla Thanks for the reply. I actually got somewhat same reply from IRCC minister Honorable Marco's office as well. They too mentioned to apply for H&C, based on what I told them - I told them everything honestly, regarding my father's illness and my reason of not being able to return back to Canada. At the moment, I am risking my job, my married life, my savings and my own health, just because we weren't selected in the lottery system. I DO meet the income requirements.

Do you know why they would refuse on Medical grounds when they themselves have asked me to apply for it? can you provide any link so I can look at it?

Also, I heard that if H&C is refused, it gets difficult to travel on TRV, as the officer sees it and can refuse entry - doubting that the person wouldn't leave the country since he applied for H&C PR.

How true is that?

Yes, if H&C is refused, it generally becomes much more difficult to travel to Canada in the future as a visitor since the person with the failed H&C application has demonstrated a strong intent to remain in Canada long term. Sponsoring them through the parent / grandparent program is still certainly possible in that case.

I'm not sure I understand your first question about why they themselves have asked you to apply for it. I'm not sure who you are referring to. If you are referring to IRCC / minister's office, then they are simply letting you know what your options are. This doesn't mean the application is going to be successful or be approved. You can find information about medical inadmissibility in the links below:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/refusals-inadmissibility.html

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/refusals-inadmissibility/excessive-demand-on-health-social-services.html

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility/medical-inadmissibility-a38-1.html

 

[canuck78]

Would add that currently there is quite a large backlog when it comes to medical care due to covid and those with provincial healthcare will always be prioritized. If you are considering coming to Canada and trying to pay for treatment out of pocket I would make enquiries about whether the cancer care centre in your region will accept him as a patient and what types of costs you can expect to have to pay and whether there is an initial deposit. Are there outpatient medication costs in addition to the hospital costs. I imagine the cost of nursing care may be more reasonable in Pakistan. Have you considered paying for nursing care for your father in Pakistan so you can return to Canada for a while?

 

[aathar]

Would add that currently there is quite a large backlog when it comes to medical care due to covid and those with provincial healthcare will always be prioritized. If you are considering coming to Canada and trying to pay for treatment out of pocket I would make enquiries about whether the cancer care centre in your region will accept him as a patient and what types of costs you can expect to have to pay and whether there is an initial deposit. Are there outpatient medication costs in addition to the hospital costs. I imagine the cost of nursing care may be more reasonable in Pakistan. Have you considered paying for nursing care for your father in Pakistan so you can return to Canada for a while?

My father is not comfortable with anyone else touching him , other than me. I help in "some" of the daily activities which include bathing, changing clothes, cleaning up after him, financial management, medicine etc. Therefore, a nursing staff is out of question. That is why I can not travel back to Canada and want him to come with me so I can take better care of him wherever I am.
But, If there is a high chance of getting rejected in the H&C, then I should probably not apply at all. I do not want him further stress out. If I chose to bring him to Canada on visit, and the immigration officer refuses him at the airport. It will be too much stress for him at that time.

 

[canuck78]

My father is not comfortable with anyone else touching him , other than me. I help in "some" of the daily activities which include bathing, changing clothes, cleaning up after him, financial management, medicine etc. Therefore, a nursing staff is out of question. That is why I can not travel back to Canada and want him to come with me so I can take better care of him wherever I am.
But, If there is a high chance of getting rejected in the H&C, then I should probably not apply at all. I do not want him further stress out. If I chose to bring him to Canada on visit, and the immigration officer refuses him at the airport. It will be too much stress for him at that time.

Then perhaps moving your family to Pakistan temporarily is a better solution for your family. For obvious reasons Canada does not want to accept people who will place an excessive demands on our health system and hospitals must prioritize those who qualify for provincial healthcare. With covid, getting him ongoing treatment may be difficult and expensive. Yes there is a risk that he could be denied entry if you can’t show how you will cover his ,medical costs while in Canada and there is no guarantee he would be approved for H&C either. Although your father may prefer that you care for him would that create H&C reasons for him to get PR in Canada. When it comes to H&C applications there are never any guarantees.

You are only one person so it isn’t possible for you to be a full-time care giver, work full-time to support 2 families, be in Canada and Pakistan at the same time, etc. You may have to make some tough choices if you want to remain your father’s caregiver. Although your father may want you yo be his primary caregiver I am sure he would also understand that you need to support your family as well so you may need additional caregivers.