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Humanitarian and Compassionate

ajj_777

Member
May 25, 2014
12
0
I am a permanent resident, Recently got my pr in CEC, Unfortunately my mom passed away recently leaving my brother who is 18 years of age right now, my bother is orphan as both my parents have passed away, Can I sponsor him on the basis of Humanitarian and Compassionate grounds what are my options to get my brother to Canada.
 

scylla

VIP Member
Jun 8, 2010
97,412
23,201
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Do you have a spouse / common law partner? Do you have children?

Do you have any other family in Canada? (Aunts, uncles, etc.)
 
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scylla

VIP Member
Jun 8, 2010
97,412
23,201
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Then you should be able to sponsor him as an "other eligible relative". The process overview is here:

http://www.cic.gc.ca/english/immigrate/sponsor/relatives.asp

The eligibilty criteria is here:

http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

Do this rather than H&C. I think H&C has an extremely low chance of success.
 

ajj_777

Member
May 25, 2014
12
0
Thanks for the reply but its says he should be under my problem is my brother is 18 right now. Its says who are under 18

Who you can sponsor
You can sponsor:

brothers, sisters, nephews, nieces, or grandchildren who are orphaned, are under 18 and do not have a spouse or common-law partner,
relatives of the above (for example, spouse, partner and dependent children) who will come with them to Canada, or
You can sponsor one relative of any age or relationship, but only if you do not have one of these living relatives who could be sponsored as a member of the family class:

spouse or common-law partner,
conjugal partner,
son or daughter,
parent,
grandparent,
sibling, or
uncle, aunt, nephew or niece, and
you do not have any relative who is a:

Canadian citizen,
permanent resident or
registered Indian under the Indian Act.
 

scylla

VIP Member
Jun 8, 2010
97,412
23,201
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
The part that applies to your brother is bolded below:

brothers, sisters, nephews, nieces, or grandchildren who are orphaned, are under 18 and do not have a spouse or common-law partner,
relatives of the above (for example, spouse, partner and dependent children) who will come with them to Canada, or
You can sponsor one relative of any age or relationship, but only if you do not have one of these living relatives who could be sponsored as a member of the family class:

spouse or common-law partner,
conjugal partner,
son or daughter,
parent,
grandparent,
sibling, or
uncle, aunt, nephew or niece, and
you do not have any relative who is a:

Canadian citizen,
permanent resident or
registered Indian under the Indian Act.
 

scylla

VIP Member
Jun 8, 2010
97,412
23,201
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
http://www.cic.gc.ca/english/information/times/perm/fc-other.asp
 

ajj_777

Member
May 25, 2014
12
0
Hi, I was reading on cic and i found this

You cannot sponsor other relatives, such as brothers and sisters over 18, or adult children who support themselves financially. If they apply to immigrate under the Skilled Worker Class, they may get extra points for having a relative in Canada.


Does it apply in my case. My brother is 18 but still studying le me know about it thanks
 

Starview

Member
Nov 18, 2017
17
0
Hi there I need some info regarding my mother. She is currently in Canada with a supervisa. The problem is that she can't live alone back home since there is no other family member there to take care of her. My dad passed away and me and my sister live in Canada. I don't have the income required to sponsor her. Neither my sister. I was told to apply for H & C but not sure.
If she does apply will she lose the visitor visa in the meantime, can she still use her visa??
 

scylla

VIP Member
Jun 8, 2010
97,412
23,201
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi there I need some info regarding my mother. She is currently in Canada with a supervisa. The problem is that she can't live alone back home since there is no other family member there to take care of her. My dad passed away and me and my sister live in Canada. I don't have the income required to sponsor her. Neither my sister. I was told to apply for H & C but not sure.
If she does apply will she lose the visitor visa in the meantime, can she still use her visa??
If your mother wants to try applying through H&C, then she should really remain in Canada while the application is processed. It will take approximately 2 years for application processing.

If the H&C application is refused and she has to leave Canada, she will most likely have issues returning to Canada in the future as a visitor since the H&C application will have demonstrated that she has an intent to remain long term.

You would be better off waiting until the parent / grandparent sponsorship process re-opens in January and applying through this program - assuming you meet the income requirements and are selected.
 

Starview

Member
Nov 18, 2017
17
0
If your mother wants to try applying through H&C, then she should really remain in Canada while the application is processed. It will take approximately 2 years for application processing.

If the H&C application is refused and she has to leave Canada, she will most likely have issues returning to Canada in the future as a visitor since the H&C application will have demonstrated that she has an intent to remain long term.

You would be better off waiting until the parent / grandparent sponsorship process re-opens in January and applying through this program - assuming you meet the income requirements and are selected.
Thank you for replying and for your informations. I was just wondering if she can cross the border since her visa is multiple entry and probably still valid. We trying to get some time off heading to the states next year, but we can't leave her alone.
 

canuck78

VIP Member
Jun 18, 2017
58,578
14,462
Thank you for replying and for your informations. I was just wondering if she can cross the border since her visa is multiple entry and probably still valid. We trying to get some time off heading to the states next year, but we can't leave her alone.[/QUOTE

Looks like you only received sponsorship and moved to Canada around a year ago. You knew you were planning on moving to Canada and should have made arrangements for your mother. If she is healthy enough to live on her own this is not an H&C case this is a case about being inpatient. Your family must have met LICO last year to qualify for a supervisa. You are taking a huge risk. What if your mother gets refused and is denied visitor visas like a supervisas for the next decades or more? There are many grandparents who get denied. There is a program called PGP for this exact purpose and many parents are in the exact same situation as your mother. They all wait until they qualify.
 

scylla

VIP Member
Jun 8, 2010
97,412
23,201
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for replying and for your informations. I was just wondering if she can cross the border since her visa is multiple entry and probably still valid. We trying to get some time off heading to the states next year, but we can't leave her alone.
She should remain in Canada and avoid leaving if she wants to go the H&C route. Forget the visit to the US if you really can't leave her alone. No guarantee she will be allowed back into Canada which would force her to return home and likely be there alone for a significant period of time. A valid multiple entry TRV does not guarantee re-entry.

If she wants the ability to travel, forget about H&C and apply through the regular parent / grandparent sponsorship route.
 

Copingwithlife

VIP Member
Jul 29, 2018
4,742
2,442
Earth
Hi there I need some info regarding my mother. She is currently in Canada with a supervisa. The problem is that she can't live alone back home since there is no other family member there to take care of her. My dad passed away and me and my sister live in Canada. I don't have the income required to sponsor her. Neither my sister. I was told to apply for H & C but not sure.
If she does apply will she lose the visitor visa in the meantime, can she still use her visa??
I’m confused , so you and your sister knew she’d be left alone when you and your sister moved to Canada , if that’s the case why’d you move ?
As mentioned , this isn’t a H/C case , it’s a case of Supervisa abuse, poor planning and being impatient
And if it’s gets refused ? What’s your plan b ?
The IRCC sees many of these situations where people want to jump the que and not apply thru the P&G process, and use the Supervisa to attempt to do so