Permanent Residency on Humanitarian and compassionate grounds

[dsahota11]

Hi Everyone
I need some information regarding following.

I got my PR in October 2018. I am thinking about applying for permanent residence of my dad under Humanitarian and compassionate grounds. since, i am the only child and my dad is alone in India. My dad has a visitor visa as well so he comes to Canada for 3-4 months in a year (if this can help in supporting documents. I read somewhere that this might help because he usually does volunteer work in that time). I have already posted a question earlier about whether this is better choice and someone told me that it might be good choice only if I apply after, I get my PR. So, I was wondering if anyone can help me with this. I have following questions -

1. What supporting documents will be great to make a strong case while applying (If anyone has done it in the past a list of document will be really appreciated) ?

2. Is there any rule about salary (like in family sponsorship program) when applying under Humanitarian and compassionate grounds ?

Your time and effort is highly appreciated.

Regards,

 

[zardoz]

Hi Everyone
I need some information regarding following.

I got my PR in October 2018. I am thinking about applying for permanent residence of my dad under Humanitarian and compassionate grounds. since, i am the only child and my dad is alone in India. My dad has a visitor visa as well so he comes to Canada for 3-4 months in a year (if this can help in supporting documents. I read somewhere that this might help because he usually does volunteer work in that time). I have already posted a question earlier about whether this is better choice and someone told me that it might be good choice only if I apply after, I get my PR. So, I was wondering if anyone can help me with this. I have following questions -

1. What supporting documents will be great to make a strong case while applying (If anyone has done it in the past a list of document will be really appreciated) ?

2. Is there any rule about salary (like in family sponsorship program) when applying under Humanitarian and compassionate grounds ?

Your time and effort is highly appreciated.

Regards,

He can't apply under H&C unless he, the applicant, is already in Canada.
Personally, I suspect that this will be a complete waste of time and money. There is a PGP sponsorship path available and you are trying to bypass it.

 

[dsahota11]

Hi Zardoz
Thanks for taking the time to reply.
Does the person need to be in Canada throughout the process or They can apply while they are in Canada on a visitor visa as well?

 

[scylla]

Hi Zardoz
Thanks for taking the time to reply.
Does the person need to be in Canada throughout the process or They can apply while they are in Canada on a visitor visa as well?

The person should remain in Canada throughout the entire application process (which is around 2-3 years). If the person applies and then leaves Canada, this pretty much proves there are no H&C circumstances.

 

[dsahota11]

The person should remain in Canada throughout the entire application process (which is around 2-3 years). If the person applies and then leaves Canada, this pretty much proves there are no H&C circumstances.

So a person who has a visitor visa (which requires him to leave country after 5 months) can not apply under H&C circumstances. They can not even apply for H&C from outside canada?

 

[scylla]

So a person who has a visitor visa (which requires him to leave country after 5 months) can not apply under H&C circumstances. They can not even apply for H&C from outside canada?

No - that's not what we are saying.

The person comes to Canada as a visitor and then applies for H&C. They should then remain in Canada until a decision is made in the H&C application.

They can apply to extend their visitor status in Canada without leaving.

 

[dsahota11]

No - that's not what we are saying.

The person comes to Canada as a visitor and then applies for H&C. They should then remain in Canada until a decision is made in the H&C application.

They can apply to extend their visitor status in Canada without leaving.

is it easier to extend the visitor visa when you applied for H&C application?

 

[scylla]

is it easier to extend the visitor visa when you applied for H&C application?

No - not necessarily. At some point it's possible your father may be refused and fall out of status in Canada. If that happens, he'll end up waiting for the results of the H&C application without status.

 

[dsahota11]

No - not necessarily. At some point it's possible your father may be refused and fall out of status in Canada. If that happens, he'll end up waiting for the results of the H&C application without status.

When you say "fall out of status in Canada". Do you mean he might loose his visitor status as well? if that happen and H&C application gets rejected do you think it will make situation more complex if later I apply using sponsorship program?

 

[scylla]

When you say "fall out of status in Canada". Do you mean he might loose his visitor status as well? if that happen and H&C application gets rejected do you think it will make situation more complex if later I apply using sponsorship program?

It should not make the PR sponsorship application more complex.

However it will make visiting much more difficult in the future and will likely mean that parent will have to remain outside of Canada with no possibility of visiting until PR is granted.

 

[dsahota11]

It should not make the PR sponsorship application more complex.

However it will make visiting much more difficult in the future and will likely mean that parent will have to remain outside of Canada with no possibility of visiting until PR is granted.

Thanks for your help really appreciate it.

so that means if He applies under H&C application when he next visits me. he can apply for extension if given then great otherwise he will need stay without status until the results of H&C application. If results are good then great otherwise he will need to return to India and then he can only come back when he gets the PR by other means.

Right?

 

[scylla]

Thanks for your help really appreciate it.

so that means if He applies under H&C application when he next visits me. he can apply for extension if given then great otherwise he will need stay without status until the results of H&C application. If results are good then great otherwise he will need to return to India and then he can only come back when he gets the PR by other means.

Right?

Yes - that's basically it.

 

[dsahota11]

Yes - that's basically it.

Hi so coming to my original questions do you thing my dad has a chance to get approved under H&C grounds? and what supporting documents will make his case even stronger ?

 

[Buletruck]

Your dad seems capable of travelling back and forth without too much problem. What exceptional circumstances, other than you being an only child, do you have? IMO, your chances of approval seem slim.

 

[dsahota11]

Hi Me and my dad is the only family just 2 persons and I am here. His brothers and their whole family is also here. Does this not make a strong case for his health and care. He is 54 years old.