Inquiry about Humanitarian and Compassionate grounds application (H&C)

[misstchopra23]

@scylla @canuck78 @canuck_in_uk @PMM @Leon @legalfalcon @Jaycejay @rajkamalmohanram @cansha and more....

Seeking some information here, thanks in advance:

My parents are separated (divorce not done yet). I'm a Canadian PR (single, in 30s) living in British Columbia. My mom is on supervisa (in 60s). Father and elder brother live in home country and we are not in touch with them. I'm recovering from car accident injuries, PTSD, anxiety, depression and concussion. Presently off work due to a related surgery. Can not apply for PGP for mother bcz I was off work for long periods on and off during last 2 years for my recovery... so, would not be eligible unless I wait for full return to work and then wait for 3 years to become eligible to meet the income criteria. Was receiving wage loss assistance/ temporary disability from the auto insurance company ICBC. Mom has been in Canada on a valid visa status to support me and help me deal with the ongoing health issues and mental support.

1. What are the chances of her getting approved through H&C?

2. What kind of supporting documents I should gather? Can arrange documents from GP, Occupational Therapist, Counselor or other medical professionals involved in my case.

3. What kind of funds I/ my mom need to show?

4. The wage loss assistance/ temporary disability income I received is non-taxable... since the insurance company deducts the taxes already and then calculate the amount they pay. This income is not reported on T4 and not a part of NOA bcz it is already non-taxable. It is a weird thing but CRA said I cannot report it on my NOA bcz I do not pay tax on it. Could this be a problem for the H&C application?

5. Any good H&C lawyer in British Columbia/ Ontario who has in-depth knowledge and experience?

6. Other things I should keep in mind before applying for H&C?

7. Lastly, is there a way to use this non-taxable wage loss assistance income for PGP? I mean can this be explained if I decide to pursue the PGP application instead? Would the CIC agent understand that this was income (even though non-taxable)?

The wage loss assistance/ temporary disability income I received is non-taxable... since the insurance company deducts the taxes already and then calculate the amount they pay. This income is not reported on T4 and not a part of NOA bcz it is already non-taxable. It is a weird thing but CRA said I cannot report it on my NOA bcz I do not pay tax on it. Could this be a problem for the H&C application?

8. Can both PGP and H&C applications be submitted at the same time?

 

[scylla]

@scylla @canuck78 @canuck_in_uk @PMM @Leon @legalfalcon @Jaycejay @rajkamalmohanram @cansha and more....

Seeking some information here, thanks in advance:

My parents are separated (divorce not done yet). I'm a Canadian PR (single, in 30s) living in British Columbia. My mom is on supervisa (in 60s). Father and elder brother live in home country and we are not in touch with them. I'm recovering from car accident injuries, PTSD, anxiety, depression and concussion. Presently off work due to a related surgery. Can not apply for PGP for mother bcz I was off work for long periods on and off during last 2 years for my recovery... so, would not be eligible unless I wait for full return to work and then wait for 3 years to become eligible to meet the income criteria. Was receiving wage loss assistance/ temporary disability from the auto insurance company ICBC. Mom has been in Canada on a valid visa status to support me and help me deal with the ongoing health issues and mental support.

1. What are the chances of her getting approved through H&C?

2. What kind of supporting documents I should gather? Can arrange documents from GP, Occupational Therapist, Counselor or other medical professionals involved in my case.

3. What kind of funds I/ my mom need to show?

4. The wage loss assistance/ temporary disability income I received is non-taxable... since the insurance company deducts the taxes already and then calculate the amount they pay. This income is not reported on T4 and not a part of NOA bcz it is already non-taxable. It is a weird thing but CRA said I cannot report it on my NOA bcz I do not pay tax on it. Could this be a problem for the H&C application?

5. Any good H&C lawyer in British Columbia/ Ontario who has in-depth knowledge and experience?

6. Other things I should keep in mind before applying for H&C?

7. Lastly, is there a way to use this non-taxable wage loss assistance income for PGP? I mean can this be explained if I decide to pursue the PGP application instead? Would the CIC agent understand that this was income (even though non-taxable)?

The wage loss assistance/ temporary disability income I received is non-taxable... since the insurance company deducts the taxes already and then calculate the amount they pay. This income is not reported on T4 and not a part of NOA bcz it is already non-taxable. It is a weird thing but CRA said I cannot report it on my NOA bcz I do not pay tax on it. Could this be a problem for the H&C application?

8. Can both PGP and H&C applications be submitted at the same time?

I'll help with a few questions.

- You cannot apply for PGP and H&C at the same time. You have to pick one.
- None of us can tell you the chances of her H&C application being approved.
- Something to keep in mind if you go the H&C route is that if your mother is refused, she will be told to leave Canada and it will likely be difficult for her to get a temporary visa in the future.
- I don't have any experience with lawyers and cannot recommend one.
- Look at line 150 of your tax return. This is the income you can count for the purposes of the PGP program.

 

[misstchopra23]

I'll help with a few questions.

- You cannot apply for PGP and H&C at the same time. You have to pick one. OK
- None of us can tell you the chances of her H&C application being approved. OK
- Something to keep in mind if you go the H&C route is that if your mother is refused, she will be told to leave Canada and it will likely be difficult for her to get a temporary visa in the future. THAT'S FAIR, THANKS
- I don't have any experience with lawyers and cannot recommend one. NO PROBLEM
- Look at line 150 of your tax return. This is the income you can count for the purposes of the PGP. SO, AS MENTIONED, MY WAGE LOSS INCOME IS NOT ACCOUNTED FOR. CAN I NOT ATTACH THE PAYMENT STATEMENTS FROM ICBC AND A LETTER FROM ICBC STATING THAT THIS NON-TAXABLE WAGE LOSS ASSISTANCE THAT THEY HAVE PAID ME IS INCOME?

 

[misstchopra23]

I'll help with a few questions.

- You cannot apply for PGP and H&C at the same time. You have to pick one.
- None of us can tell you the chances of her H&C application being approved.
- Something to keep in mind if you go the H&C route is that if your mother is refused, she will be told to leave Canada and it will likely be difficult for her to get a temporary visa in the future.
- I don't have any experience with lawyers and cannot recommend one.
- Look at line 150 of your tax return. This is the income you can count for the purposes of the PGP program.

Thanks as always.. please see my response below.

 

[scylla]

Thanks as always.. please see my response below.

To answer your last question, no, what you are receiving won't be counted as income towards the PGP income requirement. As said, the income has to appear on line 150 of your return. The income must also be taxable. Your income does not count since it falls under a benefit category and is not taxable.

For the H&C application, your mother wants to show that she is financially independent. So she needs to show her own income / savings. Your mother should not be living off your income / benefits - this is something Canada gives you and is not for the purposes of supporting your mother. Your mother needs to show her own income or savings. It is possible to be refused H&C if IRCC feels someone does not have sufficient funds and may have to rely on government support. So You want to show that your mother is financially independent.

 

[canuck78]

@scylla @canuck78 @canuck_in_uk @PMM @Leon @legalfalcon @Jaycejay @rajkamalmohanram @cansha and more....

Seeking some information here, thanks in advance:

My parents are separated (divorce not done yet). I'm a Canadian PR (single, in 30s) living in British Columbia. My mom is on supervisa (in 60s). Father and elder brother live in home country and we are not in touch with them. I'm recovering from car accident injuries, PTSD, anxiety, depression and concussion. Presently off work due to a related surgery. Can not apply for PGP for mother bcz I was off work for long periods on and off during last 2 years for my recovery... so, would not be eligible unless I wait for full return to work and then wait for 3 years to become eligible to meet the income criteria. Was receiving wage loss assistance/ temporary disability from the auto insurance company ICBC. Mom has been in Canada on a valid visa status to support me and help me deal with the ongoing health issues and mental support.

1. What are the chances of her getting approved through H&C?

2. What kind of supporting documents I should gather? Can arrange documents from GP, Occupational Therapist, Counselor or other medical professionals involved in my case.

3. What kind of funds I/ my mom need to show?

4. The wage loss assistance/ temporary disability income I received is non-taxable... since the insurance company deducts the taxes already and then calculate the amount they pay. This income is not reported on T4 and not a part of NOA bcz it is already non-taxable. It is a weird thing but CRA said I cannot report it on my NOA bcz I do not pay tax on it. Could this be a problem for the H&C application?

5. Any good H&C lawyer in British Columbia/ Ontario who has in-depth knowledge and experience?

6. Other things I should keep in mind before applying for H&C?

7. Lastly, is there a way to use this non-taxable wage loss assistance income for PGP? I mean can this be explained if I decide to pursue the PGP application instead? Would the CIC agent understand that this was income (even though non-taxable)?

The wage loss assistance/ temporary disability income I received is non-taxable... since the insurance company deducts the taxes already and then calculate the amount they pay. This income is not reported on T4 and not a part of NOA bcz it is already non-taxable. It is a weird thing but CRA said I cannot report it on my NOA bcz I do not pay tax on it. Could this be a problem for the H&C application?

8. Can both PGP and H&C applications be submitted at the same time?

When applying for H&C you should be able to show why your mother can’t continue supporting you a visitor. You also seem to be suggesting that you will be able to return to work so this is not a permanent disability so you aren’t in need of lifelong care. As already mentioned your mother should be able to show that she can support herself financially. She still has a child in her home country so is no alone in her home country. If she is refused it could be quite a long time before you can get selected for PGP so if she is unable to visit that could mean a long time until she can visit. When it comes to LICO Canada wants to show proof of a stable income that is not derived from benefits. Line 150 is the best estimate of your income but you still need to subtract things like EI for unemployment for example.

 

[misstchopra23]

To answer your last question, no, what you are receiving won't be counted as income towards the PGP income requirement. As said, the income has to appear on line 150 of your return. The income must also be taxable. Your income does not count since it falls under a benefit category and is not taxable.

For the H&C application, your mother wants to show that she is financially independent. So she needs to show her own income / savings. Your mother should not be living off your income / benefits - this is something Canada gives you and is not for the purposes of supporting your mother. Your mother needs to show her own income or savings. It is possible to be refused H&C if IRCC feels someone does not have sufficient funds and may have to rely on government support. So You want to show that your mother is financially independent.

Thanks for your reply.

So, does my mother need to show that she has funds? Or that she has regular income? How is financial independence defined?

From what I understand, these are two different things. For funds, how much should she show in her bank account?

She has sufficient funds independently (roughly $22K+). She also has pension and rental income from her property in the home country.. a meagre amount in CAD but atleast some monthly income. Plus I have my independent savings too. So, unless CIC requires someone to have like $100K sitting in their account for H&C application, funds-wise my mother should be fine.

 

[misstchopra23]

When applying for H&C you should be able to show why your mother can’t continue supporting you a visitor. You also seem to be suggesting that you will be able to return to work so this is not a permanent disability so you aren’t in need of lifelong care. As already mentioned your mother should be able to show that she can support herself financially. She still has a child in her home country so is no alone in her home country. If she is refused it could be quite a long time before you can get selected for PGP so if she is unable to visit that could mean a long time until she can visit. When it comes to LICO Canada wants to show proof of a stable income that is not derived from benefits. Line 150 is the best estimate of your income but you still need to subtract things like EI for unemployment for example.

So, for the financial part, I have understood what you guys mean. I have replied to your and Scylla's question about the funds above. Please share your thoughts on it, if any.

As far as the other two things are concerned, she has no link with my brother. So, she does not have any one who could take care of her if she has to return for a long duration. About my state of health, I am hoping to return to work in the next 3-4 months, but it would be a gradual return whenever it happens. My therapies are bound to continue for a longer period even if I return to work because I have had surgeries done and have ongoing physiological and psychological issues. So, my full recovery may take this whole year if not later.

At this point, I am super stressed and depressed because these accidents changed my life and disrupted my plans beyond what I could imagine. I met the LICO for 2019 because my income was above it, but lost last two years because of these injuries and being off work. Else I would have easily met LICO for all three years without a doubt. I know PGP is lottery and based on luck, but atleast I would have qualified to apply and be in the queue. Anyway, my situation is what it is. No one can change it. But yes, through some information/ guidance via this platform, I am hopeful that I should be able to plan my way forward.

@scylla and others like you on this group are always helpful.

 

[scylla]

Thanks for your reply.

So, does my mother need to show that she has funds? Or that she has regular income? How is financial independence defined?

From what I understand, these are two different things. For funds, how much should she show in her bank account?

She has sufficient funds independently (roughly $22K+). She also has pension and rental income from her property in the home country.. a meagre amount in CAD but atleast some monthly income. Plus I have my independent savings too. So, unless CIC requires someone to have like $100K sitting in their account for H&C application, funds-wise my mother should be fine.

Any money is good money to show.

 

[canuck78]

Thanks for your reply.

So, does my mother need to show that she has funds? Or that she has regular income? How is financial independence defined?

From what I understand, these are two different things. For funds, how much should she show in her bank account?

She has sufficient funds independently (roughly $22K+). She also has pension and rental income from her property in the home country.. a meagre amount in CAD but atleast some monthly income. Plus I have my independent savings too. So, unless CIC requires someone to have like $100K sitting in their account for H&C application, funds-wise my mother should be fine.

For H&C they usually want you to show that you can support yourself while in Canada without government support. If she is in her early 60s likely that she will be able to go out and work and support herself since 22k will not go far in Canada. As previously noted she should be able to support herself financially without depending on your insurance support payments. You seem preoccupied with the fact that you will have to wait 3 years to qualify for PGP but that isn’t a valid reason to apply for H&C.