Humanitarian Grounds PR - widow mother

[singh14]

Hi,
I am a Canada PR living in Canada. I have 2 sisters who also became PR last year. My widow mother has visited Canada before on tourist visa and visited USA before (when I lived in USA). MShe is a home maker and does not have any job.My question is - Can I apply for her PR based on Humanitarian and compassionate grounds.
If yes, are there any pros-cons of whether I should apply for her while she is in India or should I apply for her when she comes to Canada.
Any difference in processing time for applying from inside vs outside of Canada?
Does applying for super visa in parallel helps in the timeline?
Can she visit me in Canada while her application is in process?

 

[KBH]

Why not apply through the parent & grandparent sponsorship program? It doesn’t make sense to apply through H&C when there is an existing program to sponsor your mother through.

 

[Rob_TO]

H&C apps can NOT be submitted while the applicant is living outside Canada. She must already be in Canada.

Also the fact she can travel to and from her country so easily, would not bode well for a H&C app next time she is in Canada. The whole basis of a H&C app is that she would face some danger or extreme hardship should she return to her home country, so once she's here and the H&C claim is submitted she should plan on staying in Canada.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html

Does she have any other family living in her home country? Does she have a documented medical condition requiring assistance of family members? You will need to prove some actual H&C reason other than simply having family in Canada, to get a H&C app approved. Typically success rates here are very low.

If you qualify for actual PGP program to sponsor parents, that would be your better option.

 

[singh14]

Why not apply through the parent & grandparent sponsorship program? It doesn’t make sense to apply through H&C when there is an existing program to sponsor your mother through.

Yes, there is this program but issues with that - Its lottery/draw based and processing time takes several years while humanitarian ground case takes less than 2 years and sometimes less than a year.

 

[singh14]

H&C apps can NOT be submitted while the applicant is living outside Canada. She must already be in Canada.

Also the fact she can travel to and from her country so easily, would not bode well for a H&C app next time she is in Canada. The whole basis of a H&C app is that she would face some danger or extreme hardship should she return to her home country, so once she's here and the H&C claim is submitted she should plan on staying in Canada.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html

Does she have any other family living in her home country? Does she have a documented medical condition requiring assistance of family members? You will need to prove some actual H&C reason other than simply having family in Canada, to get a H&C app approved. Typically success rates here are very low.

If you qualify for actual PGP program to sponsor parents, that would be your better option.

Appreciate your response. No other family in India. Yes, she has a medical condition. I think I need to prepare for documentation stuff before I apply. Thanks.

 

[Miraclejj]

Appreciate your response. No other family in India. Yes, she has a medical condition. I think I need to prepare for documentation stuff before I apply. Thanks.

Well, maybe I sound like an ahole, but what you are looking for is try to cut corner and to abuse the H&C system. Not recommend it.

 

[Alien_walkingalone]

Appreciate your response. No other family in India. Yes, she has a medical condition. I think I need to prepare for documentation stuff before I apply. Thanks.

Hello did you apply ? Any updates?

 

[Bella245]

Don't waste your time on H&C grounds the success rate is 2-3 % AND in almost all cases unless the applicant has small children who live in Canada, the applications get denied.
Your best bet at this point is a super visa so that she can stay here for an extended period and at the same time apply to the parent/grand-parent sponsorship for her.
Good luck

 

[canuck78]

Both your sisters became PRs last year so your family created the situation. Had you been concerned about your mother being alone not all children had to immigrate. You have to think about how this situation was created. Asking for H&C given you recently created the issue will likely not be well received. Seems that most people seem think H&C is the way to go if you applied to PGP and didn't get accepted or you feel like it will be too long. Canada has created programs like PGP and supervisa for a purpose. Others are in a similar situation and are waiting their turn. You only just became eligible for PGP and your sisters may have a few years ago. You were aware of the programs as a family when your sisters moved to Canada last year. Yes your mother is a widow but a more general picture will be considered.

 

[Bornlucky]

Don't waste your time on H&C grounds the success rate is 2-3 % AND in almost all cases unless the applicant has small children who live in Canada, the applications get denied.
Your best bet at this point is a super visa so that she can stay here for an extended period and at the same time apply to the parent/grand-parent sponsorship for her.
Good luck

Hi - I'd appreciate learning where you get the statistics that you have mentioned regarding success rates of inland H&C applications, please. It would be also a benefit to know how the Best Interests of the Child (BIOC) is the lone factor that determines success or failure in an application?

Thanks as I cannot recall ever seeing this sort of statistical evidence and I suspect that it may be inaccurate. I don't doubt your advice with this specific posting, but others may read this who have other factors that are considered within the H&C inland decision-making process and be erroneously dissuaded from applying for something that they may merit. Establishment, risks not rising to the level of persecution, commitment to Canada are all factors for consideration and assuming that the H&C decision-makers simply refuse 97% of the applications - no, I don't thinks so.

 

[Skouks]

Any updates???