Overstayed!!!

[acrux]

Hi there,

Here is a scenario.

A woman who is around 50+ and never married. Her brothers and sister are in Canada, wanted her to live with them as their parents passed away and other sisters are back home and they are all married, kids, busy with their life.

So, she applied a visitor visa in 2001 but denied, she then got minister permit and came here but she went back within the time frame. She then again try to get visa in 2005 and denied, again she got minister permit and she came here but this time she did not go back and stayed. That's what her brothers/sister wanted too.

She has no one at back home who can take care of her and she has some medical issues too. She is afraid to be alone so someone has to be with her. With the medical issues, not sure, if she can pass any medical examinations. so what do you say? be the way it is or should she try to get legal status?

 

[helios]

She may want to seek some professional help to apply under H&C.

 

[Suin]

what is minister permit? how long is it usually granted for?

 

[acrux]

any Fed minister can overruled VO decison and grant applicant minister permit. minister permit dont have validity but when applicant arrive port of entry, immig.off. decide how long one should stay, same as any visitor visa.

 

[Suin]

thank you for your reply, acrux.
you mean Fed minister in Canada? can you give a link, or other source to get that info? thank you in advance.

 

[Leon]

what is minister permit? how long is it usually granted for?

Ministers permit is the same as a TRP = Temporary Residence Permit. They are usually issued to people who are otherwise inadmissible or don't qualify for a TRV. I suppose they are often granted for 6 months, same as a TRV but it can be extended. If somebody manages to extend a TRP long enough to stay in Canada for 3 years, they can apply for PR, see http://www.cic.gc.ca/english/information/applications/guides/5527E.asp

 

[Suin]

for me it sounds a bit confusing. if one is denied visitor's visa in local embassy just on the reason of lack of funds, how Ministers permit can help it and from where it should be applied from overseas or in Canada?

 

[tgchi13]

Ministers permit is the same as a TRP = Temporary Residence Permit. They are usually issued to people who are otherwise inadmissible or don't qualify for a TRV. I suppose they are often granted for 6 months, same as a TRV but it can be extended. If somebody manages to extend a TRP long enough to stay in Canada for 3 years, they can apply for PR, see http://www.cic.gc.ca/english/information/applications/guides/5527E.asp

Yup, that's how our ex-lawyer explained the Ministerial Permit. We were going to apply for one for my partner to return here after the 'allowed to return" but since it's not an easy thing to get (heck, even getting a Minister's attention is near impossible) that is a last resort we count on not needing!

 

[tgchi13]

She may want to seek some professional help to apply under H&C.

Would not the lady be able to leave Canada and then apply rather than go the H&C route?

 

[Suin]

can somebody apply for H&C while sponsorship is in process?

 

[acrux]

Would not the lady be able to leave Canada and then apply rather than go the H&C route?

i dont think so she would want to do that because there is risk of not getting back to Canada ever.

 

[tgchi13]

i dont think so she would want to do that because there is risk of not getting back to Canada ever.

I apologize for my ignorance, but why not? If she was granted a ministerial permit to stay (twice!) why would she necessarily not receive a PR status via family class sponsorship?

 

[acrux]

because she is over 50+ and there is a age limit if her brother/sisters want to sponsor her. she can get PR status if apply under H&C risking to get deported if denied.