H&C Ground

[hanney]

Hi,
Any one know how to apply H&C from oversea? I have 2 young daughters 9 &11 years old, They are Canadian. My Husband is Canadian, he passed away in 2016. He did not apply Pr for me yet. I am living in Indonesia. I was thinking to bring them to Canada so they life and study like the rest of Canadian children. However I don't have PR , and They can't go back to Canada and life there alone. They are too young. Can I apply PR under H&C ground for the benefit of Children from oversea. I dont meet EE nor PNP qualification too. I can not find the form for H&C ground application from oversea. Thank you for anyone who can help give answer.

 

[primaprime]

You can't apply on H&C grounds from outside of Canada. You would have to be in Canada already as a visitor or worker.

I'm far from an expert but you could have a case, as one of the factors they consider is the best interests of any children involved, which would be for them to attend school in Canada and live with you. Still, it's a lengthy process, and you will need a lot of documents and a lawyer.

 

[hanney]

You can't apply on H&C grounds from outside of Canada. You would have to be in Canada already as a visitor or worker.

I'm far from an expert but you could have a case, as one of the factors they consider is the best interests of any children involved, which would be for them to attend school in Canada and live with you. Still, it's a lengthy process, and you will need a lot of documents and a lawyer.

ic, thanks.

 

[scylla]

Hi,
Any one know how to apply H&C from oversea? I have 2 young daughters 9 &11 years old, They are Canadian. My Husband is Canadian, he passed away in 2016. He did not apply Pr for me yet. I am living in Indonesia. I was thinking to bring them to Canada so they life and study like the rest of Canadian children. However I don't have PR , and They can't go back to Canada and life there alone. They are too young. Can I apply PR under H&C ground for the benefit of Children from oversea. I dont meet EE nor PNP qualification too. I can not find the form for H&C ground application from oversea. Thank you for anyone who can help give answer.

Agreed with the advice provided above. You cannot apply for H&C from overseas. You would need to travel to Canada on a TRV (tourist visa) along with your children and then clain H&C once you arrive in Canada.

Note that the H&C process is quite long. It's taking around 2-3 years for most applications to be processed these days and you won't be able to work for most of that time. So something to consider if you pursue this route is how you will support yourself and your children in Canada for 2-3 years without working.

Is there a possibility that you might qualify for EE or PNP in a few years with more work experience / education? That may be the more realistic route to go.

 

[hanney]

Agreed with the advice provided above. You cannot apply for H&C from overseas. You would need to travel to Canada on a TRV (tourist visa) along with your children and then clain H&C once you arrive in Canada.

Note that the H&C process is quite long. It's taking around 2-3 years for most applications to be processed these days and you won't be able to work for most of that time. So something to consider if you pursue this route is how you will support yourself and your children in Canada for 2-3 years without working.

Is there a possibility that you might qualify for EE or PNP in a few years with more work experience / education? That may be the more realistic route to go.

Yes, I agreed with them too, probably i will go to take education to be able to get some work and go tp EE later on. Btw, if I am on TRV, will the children will get child benefit? Currently I am receiving CPP as a survivor and for dependent too. no much.

 

[scylla]

Yes, I agreed with them too, probably i will go to take education to be able to get some work and go tp EE later on. Btw, if I am on TRV, will the children will get child benefit? Currently I am receiving CPP as a survivor and for dependent too. no much.

If you are on a TRV, you will need to wait 18 months after you arrive in Canada before you will qualify to apply for the child benefit. So you won't be eligible to receive the child benefit for the first year and a half you are in Canada.

 

[hanney]

If you are on a TRV, you will need to wait 18 months after you arrive in Canada before you will qualify to apply for the child benefit. So you won't be eligible to receive the child benefit for the first year and a half you are in Canada.

IC. noted.

 

[RocketCity]

If you are on a TRV, you will need to wait 18 months after you arrive in Canada before you will qualify to apply for the child benefit. So you won't be eligible to receive the child benefit for the first year and a half you are in Canada.

Are the children Canadian citizens? If yes, would the answer to this question be different? Obviously, she wouldn't be eligible for benefits, but what about the children?

 

[scylla]

Are the children Canadian citizens? If yes, would the answer to this question be different? Obviously, she wouldn't be eligible for benefits, but what about the children?

To the best of my knowledge that doesn't change anything. If the parent is a temporary resident then the 18 month rule applies. But again, that's to the best of my knowledge...

 

[jddd]

Are the children Canadian citizens? If yes, would the answer to this question be different? Obviously, she wouldn't be eligible for benefits, but what about the children?

it looks like she won’t even be eligible after 18 months if she does not have a valid permit. Who knows when she will get a valid permit after applying for H&C?

from the official website:

Who can get the Canada child benefit
You must meet all of the following conditions:

• You live with a child who is under 18 years of age
• You are primarily responsible for the care and upbringing of the child
  See who is primarily responsible
• You are a resident of Canada for tax purposes
• You or your spouse or common-law partner must be any of the following:
  • a Canadian citizen
  • a permanent resident
  • a protected person
  • a temporary resident who has lived in Canada for the previous 18 months, and who has a valid permit in the 19th month
  • an Indigenous person who meets the definition of "Indian" under the Indian Act
    

 

[hanney]

Are the children Canadian citizens? If yes, would the answer to this question be different? Obviously, she wouldn't be eligible for benefits, but what about the children?

Yes, children are Canadian Citizens.

 

[hanney]

it looks like she won’t even be eligible after 18 months if she does not have a valid permit. Who knows when she will get a valid permit after applying for H&C?

from the official website:

Who can get the Canada child benefit
You must meet all of the following conditions:

• You live with a child who is under 18 years of age
• You are primarily responsible for the care and upbringing of the child
  See who is primarily responsible
• You are a resident of Canada for tax purposes
• You or your spouse or common-law partner must be any of the following:
  • a Canadian citizen
  • a permanent resident
  • a protected person
  • a temporary resident who has lived in Canada for the previous 18 months, and who has a valid permit in the 19th month
  • an Indigenous person who meets the definition of "Indian" under the Indian Act

I am the mother of the children, a survivor and who upbringing the children on my care till this date. I received CPP for me and them as dependent,and CPP is taxable. I had Canadian ITN.. Will this be considered category as primarily responsible?

 

[jddd]

I am the mother of the children, a survivor and who upbringing the children on my care till this date. I received CPP for me and them as dependent,and CPP is taxable. I had Canadian ITN.. Will this be considered category as primarily responsible?

You definitely are primarily responsible but if you stay here on a tourist visa, you still do not meet ALL the requirements to be eligible for CTB.

 

[hanney]

You definitely are primarily responsible but if you stay here on a tourist visa, you still do not meet ALL the requirements to be eligible for CTB.

IC. noted. Must life there and wait for 18 months?on temp residence? TRV is not a temporary residence? sorry to ask again. Thanks.

 

[jddd]

IC. noted. Must life there and wait for 18 months?on temp residence? TRV is not a temporary residence? sorry to ask again. Thanks.

You still need to have a valid permit for you to be eligible after 18 months. There is no guarantee you will have one by then.

I think you are overwhelming yourself. Your first problem is if you'll even be approved for a visitor's visa. Suggest you focus on that.