H&C PR Eligibility for Elderly Parent on Super Visa

[solshi]

Hi everyone,

I’m seeking advice on whether my father’s situation might qualify for permanent residency under Humanitarian and Compassionate (H&C) grounds.

Here’s a summary of his case:

- He’s 67 and currently in Canada on a valid super visa, with 3 years remaining.
- He is a widower with no children or immediate family left in Bangladesh.
- He suffers from multiple chronic conditions, including diabetes, high blood pressure, and depression. His blood sugar drops unpredictably, and we’re genuinely concerned about the risks to his physical and mental health if he returns and live alone.
- My spouse and I are both Canadian citizens. I’m currently unemployed, but my spouse works full-time, and our household income is about $30,000 above the LICO threshold.
- He lives with us, and we also have paternal cousins nearby who are very caring and actively involved in his life.
- With the PGP program indefinitely closed, this seems to be the only viable path to permanent residency for him.

Do you think this could qualify as a valid H&C case? Would it be advisable to apply through an immigration lawyer?

Any insights or shared experiences would be deeply appreciated.

Thank you in advance!

 

[scylla]

Hi everyone,

I’m seeking advice on whether my father’s situation might qualify for permanent residency under Humanitarian and Compassionate (H&C) grounds.

Here’s a summary of his case:

- He’s 67 and currently in Canada on a valid super visa, with 3 years remaining.
- He is a widower with no children or immediate family left in Bangladesh.
- He suffers from multiple chronic conditions, including diabetes, high blood pressure, and depression. His blood sugar drops unpredictably, and we’re genuinely concerned about the risks to his physical and mental health if he returns and live alone.
- My spouse and I are both Canadian citizens. I’m currently unemployed, but my spouse works full-time, and our household income is about $30,000 above the LICO threshold.
- He lives with us, and we also have paternal cousins nearby who are very caring and actively involved in his life.
- With the PGP program indefinitely closed, this seems to be the only viable path to permanent residency for him.

Do you think this could qualify as a valid H&C case? Would it be advisable to apply through an immigration lawyer?

Any insights or shared experiences would be deeply appreciated.

Thank you in advance!

He is free to try applying for PR through H&C. Ultimately none of us can tell you if he will be successful. Processing times are quite long (years) and he needs to be prepared to remain in Canada without leaving from the time he applies to the time there is a decision in his application. If you are any only child that will work on his favour. Good luck.

 

[solshi]

He is free to try applying for PR through H&C. Ultimately none of us can tell you if he will be successful. Processing times are quite long (years) and he needs to be prepared to remain in Canada without leaving from the time he applies to the time there is a decision in his application. If you are any only child that will work on his favour. Good luck.

Many thanks. I did not know he has to remain in Canada until getting a decision.

 

[scylla]

Many thanks. I did not know he has to remain in Canada until getting a decision.

Technically he can leave Canada but this would substantially weaken the H&C application and he may not be allowed to reenter the country.

 

[solshi]

Technically he can leave Canada but this would substantially weaken the H&C application and he may not be allowed to reenter the country.

Makes sense

 

[scylla]

Makes sense

If he wants the flexibility to travel, H&C is a bad choice. IRCC will often cancel valid visitor visas and not approve new visitor visas once someone has submitted an H&C application.

Also be aware that a failed H&C apply typically makes it very difficult to be approved for any sort of temporary visa in the future.

 

[canuck78]

You also have to consider that you will need to try find care for his chronic health issues and pay for it out of pocket because they won’t be covered by supervisa insurance which is emergency coverage. If the emergency is related to a preexisting condition that may also not be covered. Processing is going to take many years and although you make over 30k over LICO that is tough to live on without adding extra expenses. For example if he needed longterm care you would have to help him pay the bed fee. It may be a reduced fee if he is considered extremely low income but not zero. Normal fee is currently around 2.5k/month. There are currently such a large volume of applicants for H&C with a small quota that is scheduled to be reduced over the next 3 years so tough changes will have to be made. I assume one of the possibilities will be to eliminate certain category of applicants. You can certainly apply but you should be aware of the potential implications and costs associated with filing an H&C. A few years ago you likely would have had a good chance at approval but not sure I could say that now.