humanitarian and compassionate ground.

[Sarim]

Hello Everyone,

I would like to discuss the case of my orphan sisters, We lost our mom and dad with in 7 months. Mom passed away in dec 2022 and father just passed away last week. I am a Canadian Citizen living in Canada at present I am in Pakistan and like to get some information about H&C ground my sisters age is 31 and 41 years old single I am willing to apply for them as they are now alone in Pakistan and the country situation is not good they are not able to struggle alone due to country situation is very bad.
Before they were the caretakers of my parents as they were sick for a long time.

Can Anyone explain me in details If this is a H & C case.

Best Regards,

Sarim

 

[scylla]

Hello Everyone,

I would like to discuss the case of my orphan sisters, We lost our mom and dad with in 7 months. Mom passed away in dec 2022 and father just passed away last week. I am a Canadian Citizen living in Canada at present I am in Pakistan and like to get some information about H&C ground my sisters age is 31 and 41 years old single I am willing to apply for them as they are now alone in Pakistan and the country situation is not good they are not able to struggle alone due to country situation is very bad.
Before they were the caretakers of my parents as they were sick for a long time.

Can Anyone explain me in details If this is a H & C case.

Best Regards,

Sarim

First you should be aware that they cannot submit an H&C application while outside of Canada. They can only apply if they are physically in Canada.

The reasons you have stated above are not strong arguments for an H&C application. I think they would have difficulty being approved. Given their ages, they are not classified as orphans. They are independent adults.

 

[Copingwithlife]

Hello Everyone,

I would like to discuss the case of my orphan sisters, We lost our mom and dad with in 7 months. Mom passed away in dec 2022 and father just passed away last week. I am a Canadian Citizen living in Canada at present I am in Pakistan and like to get some information about H&C ground my sisters age is 31 and 41 years old single I am willing to apply for them as they are now alone in Pakistan and the country situation is not good they are not able to struggle alone due to country situation is very bad.
Before they were the caretakers of my parents as they were sick for a long time.

Can Anyone explain me in details If this is a H & C case.

Best Regards,

Sarim

They are not classified as orphans . Orphans are children whose parents have passed

 

[Sarim]

They are not classified as orphans . Orphans are children whose parents have passed

The word orphan has expanded broadly over time, so it can be used to describe anyone who has lost their biological parents. The term 'adult orphan' is commonly used to describe someone who has lost both parents in adulthood.

 

[YVR123]

The word orphan has expanded broadly over time, so it can be used to describe anyone who has lost their biological parents. The term 'adult orphan' is commonly used to describe someone who has lost both parents in adulthood.

Maybe so in other parts of the world. But in IRCC terminology it's for children only.

If you have NO living relatives, may be you can sponsor ONE of them under lonely Canadian stream. (other relatives)
But you need to have no spouse, no children and no other direct relatives that are Canadian or PR of Canada.

 

[Naturgrl]

The word orphan has expanded broadly over time, so it can be used to describe anyone who has lost their biological parents. The term 'adult orphan' is commonly used to describe someone who has lost both parents in adulthood.

But an adult orphan is not a Canadian immigration term. They can immigrate on their own merit, get a job offer with approved LMIA with a closed work permit or apply for a TRV and see if approved. They can apply for H&C once in Canada but don’t really meet the requirements. While they wait (years), they have no access to Canadian health and social services, and cannot work. If refused, then chances of visiting Canada again are close to nil.

To get a TRV, they apply separately and show their own funds, travel history, ties to home country and reasons to travel.

 

[scylla]

The word orphan has exptianded broadly over time, so it can be used to describe anyone who has lost their biological parents. The term 'adult orphan' is commonly used to describe someone who has lost both parents in adulthood.

IRCC will not classify them as orphans. All that matters for the purposes of immigration is how IRCC defines these terms.

Based on the information you have provided, their H&C case would be very weak. Having said that, if you want to try applying, the first step is to bring both of them to Canada on a TRV.

 

[hawk39]

The word orphan has expanded broadly over time, so it can be used to describe anyone who has lost their biological parents. The term 'adult orphan' is commonly used to describe someone who has lost both parents in adulthood.

Per the IRCC website:

Orphaned brother, sister, nephew, niece or grandchild
You can sponsor an orphaned brother, sister, nephew, niece or grandchild only if they meet all of these conditions:

• they’re related to you by blood or adoption
• both their mother and father passed away
• they’re under 18 years of age
• they’re single (not married or in a common-law or conjugal relationship)

I agree with @scylla and @Naturgrl that if they were to apply for H&C that they would have a very weak case. If there are other relatives in Pakistan, then IRCC would say that they already have an established support system there. Unless they fit the definition of a refugee because of war or discrimination, having a hard life isn't a reason for IRCC to grant H&C.

 

[Sarim]

Thanks everyone for your answers

 

[Sarim]

Per the IRCC website:

Orphaned brother, sister, nephew, niece or grandchild
You can sponsor an orphaned brother, sister, nephew, niece or grandchild only if they meet all of these conditions:

• they’re related to you by blood or adoption
• both their mother and father passed away
• they’re under 18 years of age
• they’re single (not married or in a common-law or conjugal relationship)

I agree with @scylla and @Naturgrl that if they were to apply for H&C that they would have a very weak case. If there are other relatives in Pakistan, then IRCC would say that they already have an established support system there. Unless they fit the definition of a refugee because of war or discrimination, having a hard life isn't a reason for IRCC to grant H&C.

I know but this explanation for sponsor family members with condition, However H&C is totally a different category where they process the files case to case basis and acceptance ration is very low. Its hard but not impossible.

 

[scylla]

I know but this explanation for sponsor family members with condition, However H&C is totally a different category where they process the files case to case basis and acceptance ration is very low. Its hard but not impossible.

H&C is a different category but the same family definitions still apply. Your sisters will not be classified as orphans by IRCC (this includes for the purposes of an H&C application). The fact their parents are deceased is not grounds for H&C.

H&C acceptance rates are not necessarily that low. However they would be low in your sisters' case - meaning your sisters specifically have very weak applications based on their profiles.

For H&C to be successful, they will need to show their hardships are exceptional in nature and provide supporting evidence in their application to show the following:

• the hardship you anticipate,
• whether the hardship would be faced in all areas of the country of origin or country of habitual residence,
• whether you ever sought assistance from the authorities, including police or non-governmental organizations, to change or improve your situation in your country, and
• if you have not sought assistance from within your country, you must provide reasons why you have not done so.

As mentioned previously, the H&C application can only be filed from within Canada so both of them must first travel to Canada under a TRV in order to submit the H&C application (if that is your intent). They must remain in Canada while the H&C application is being process (approximately 2 years). You'll need to suppor them during this time (or they will need to bring enough money to support themselves) since they won't qualify to work or qualify for any benefits (such as health care). You should also be aware that in the event they apply for H&C and are refused, they will need to leave Canada and it will be difficult to return again in the future.