Ok thanks , she will leave before sept , but my question is that if she wants to come back after few months will they allow her coz she still has supervisa .
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
If she leaves, you should assume she will have trouble returning until you are able to sponsor her for PR and her PR application has been approved.
Generally IRCC will cancel any valid TRV or super visa once an H&C application has been refused. So she may very well find that her super visa is no longer valid.
If she finds her super visa is still valid and wants to try to return, the strong recommendation would be that she remain outside of Canada for at least 6-8 months before attempting to come back.
Thanks
I think i did very wrong thing , even m surprised these consultants or lawyer dont tell these things before , m getting stressed now
Scylla is correct. I am not sure if the remainder of her visa will be cancelled or already cancelled. She will know that for sure at the time of boarding an aircraft bound for Canada for her next planned trip back from India to Canada.
Upon arrival in Canada, she will very likely be transferred to Secondary Inspection for further screening. You should also be prepared to convince the border officials to let her enter Canada while ensuring that she is not going to enter with the intent of applying for PR under H and C again or claim refugee status.
If you qualify for PGP sponsorship, then she can enter Canada as a PR under FC-4 Permanent resident immigration class. If she secures a FC-4 IV then she would have no trouble entering Canada since she would be entering as a new immigrant.
You will receive a written correspondence from the consulate, i.e. Canadian consulate in Chandigarh India in regards to your mom's situation and the officer's intent to cancel her visa as she no longer meets the requirements of the Immigration and Refugee Protection Act reserved for TRV visa considerations.
This will depend on how your mom initially applied for the visa and the contact information she provided. The email (if she provided an email to IRCC when she filed for her super visa) should read something like this:
Based on information found during an open source search, I have determined that you may not meet the requirements for a temporary resident. As such, your visa has been cancelled. You should not attempt to travel with this visa.
You applied for a visa in to travel to Canada for tourism. Foreign nationals who wish to remain permanently in Canada must apply for a permanent resident visa. Based on this information, I am not satisfied that you would be an genuine temporary resident who would depart Canada at the end of an authorized stay, and am therefore not satisfied that you meet the requirements for a Temporary Resident Visa.
I would like to give you an opportunity to respond to the concerns I have raised above. Please reply to this email within 10 days. If we do not receive a reply, the decision to cancel your visa will stand.
This will depend on how she applied and the contact information she provided and if the visa officer even bothered to send out a correspondence. They should on the basis of what is defined in the Act.
Again, you can even get in touch with the consular officials at the Canadian consulate in Chandigarh and ask for more information on your mom's file or wait until she boards an airplane bound for Canada.
If she makes it on a plane then you would know that her visa has not been canceled but she might face additional scrutiny upon landing in Canada. Then at that point, it will become your responsibility as her son to defend her and demonstrate how much you want her to be with you.
But one our known they also applied same got refused then went to india and then came back after month
You’re saying someone you know applied for PR through H and C and got subsequently refused - the individual then later returned to Canada on a visitors visa after a month?
It’s all dependent on what you’re comfortable with. You will have to make a decision that’s is in your family’s best interests.
There is no guarantee that she will be allowed in but then again it’s all dependent on what the visa officer added in her file.
Best of luck to you and your mom!
Covid aside a 65 year old is usually able to care for themselves in their home country and that is why this was not an H&C case. It sounds like you may not have been in Canada longterm. In general H&C is not a replacement for PGP. Unfortunately many encourage people to apply for H&C as a sure bet if a parent is widowed or it is in the best interest of the grandchild.
Does anyone know, due to CV19 how many days would it take to get the letter from Vancouver to Toronto? Can i request via webform to email me the copy of mailed letter?
Depends on the level of service you pay for and at what time of day you mail something. Pay for tracking. Receipt of your mail doesn’t get input into the system right away so it is unlikely that someone is going to keep an eye out for when your letter was received and email you. Attach your mail to your webform.
Thank you for your reply. I am waiting for the letter that was issued couple of weeks ago. At AIP, it states I need to response in 30 days. That's why I am bit worried.
If i am not mistaken the letter is going to travel all the way from Vancouver to Toronto, I know canada post is very slow due to CV19.
Should I contact them via webform and ask for a digital copy of the letter that was mail to me?
@canuck78 thinks even a 70 year old fella is young - so I wouldn't stress too much on what he's saying. Your H and C is refused because your documentation kind of showed that you might have been using this program to navigate around PGP sponsorship program and have no real basis for relief.
Best of luck to you and your mom in the future - what ever you do, do it in a manner that is well thought out is all I gotta say.
Every case is unique in its own ways so it’s all dependent on how exceptional your situation is. There is no clear cut checklist for H and C application.
Think about it like this - immigration application made under H and C are very much like a court case so winning it depends solely on the merit of your case and if you really need any kind of relief.
It is not just another way of applying for PR. My mom is 50 - 48 when she applied for H and C. We won the case because I put in so much effort into preparing the documentation and I grew up in Canada. Immigration officer saw this and called me before issuing an approval letter.
Like I said, decisions are made on a case by case basis and you can’t copy someone’s case and try to fit some of the elements into yours.