Unusual, Undeserved, or Disproportionate. Plz Help!

[Arshan]

Hi everyone,

In application for PRTD on H&C reasons, the officer must see after the loss of status what unusual, undeserved or disproportionate circumstances would happen to the PR.

Would you give me any examples of each of these 3 categories to help me understand them?!!

Thank you in advance

 

[scylla]

Hi everyone,

In application for PRTD on H&C reasons, the officer must see after the loss of status what unusual, undeserved or disproportionate circumstances would happen to the PR.

Would you give me any examples of each of these 3 categories that help me understand them?!!

Thank you in advance

It's not that there are separate examples for each - it's that your H&C reason should meet all three of these requirements.

One example would be if you have an elderly parent in your home country who is very ill and needs someone to take care of them (and you have doctors letters to back this up). You are an only child - so there are no other children who can take care of your ill parent. Also - there are no other family members in the home country. That's an example of a situation that CIC will sometimes accept - provided you have the evidence.

 

[Arshan]

It's not that there are separate examples for each - it's that your H&C reason should meet all three of these requirements.

One example would be if you have an elderly parent in your home country who is very ill and needs someone to take care of them (and you have doctors letters to back this up). You are an only child - so there are no other children who can take care of your ill parent. Also - there are no other family members in the home country. That's an example of a situation that CIC will sometimes accept - provided you have the evidence.

Thank you for your prompt response. However these are meant to be the hardships as referred to, resulted by the loss of permanent residence in ENF23. It seems that these are not the circumstances that lead to living abroad:

Unusual and udesereved hardship:
The hardship (of losing permanent resident status) that the permanent resident would face should be, in most cases, unusual. In other words, a hardship not anticipated by the Act; and this hardship should be, in most cases, the result of circumstances beyond the permanent resident’s control.

Disproportionate hardship:
Humanitarian and compassionate grounds may exist in cases that would not meet the “unusual and undeserved” criteria but would be met where the hardship would have a disproportionate impact on the permanent resident due to personal circumstances.

You might want to read through this:
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf

 

[Bs65]

So out of interest what would be your definition of hardship in your circumstances that justifies keeping your PR status ?

Personal view but hardship in the context of H&C to me implies unecessary hardship would be inflicted on the applicant due to the fact their family is in Canada and they are in in home country through circumstances such as looking after a sick close relative. So unecessary hardship would occur if a family was not kept together, does this apply in your case ?

Reading some of your other posts seems the best option is still provide medical evidence of your mothers condition and the fact that no close relatives were available at the time hence the responsibility was yours.

If everything is now in place to support your mother then personal view would be the sooner you apply the better, especially given you started this discussion in 6/2017, but you do need to prepare with full documentation to support your case given any decision would be made on what evidence is in front of immigration at the time .

Above is a personal view only and should be read as such.

 

[Sabrina Naorin]

I got my PR visa for Canada last year December..But very unfortunately due to some unavoidable situation i could not able to enter here within given time..I heard that if i did not enter within fixed time my PR visa will expire and i will no longer able to enter Canada as Immigrant..My question is in future can i apply for a student visa or tourist visa ...? How much will be the chance for rejection of my future visa...????

 

[Arshan]

So out of interest what would be your definition of hardship in your circumstances that justifies keeping your PR status ?

Personal view but hardship in the context of H&C to me implies unecessary hardship would be inflicted on the applicant due to the fact their family is in Canada and they are in in home country through circumstances such as looking after a sick close relative. So unecessary hardship would occur if a family was not kept together, does this apply in your case ?

Reading some of your other posts seems the best option is still provide medical evidence of your mothers condition and the fact that no close relatives were available at the time hence the responsibility was yours.

If everything is now in place to support your mother then personal view would be the sooner you apply the better, especially given you started this discussion in 6/2017, but you do need to prepare with full documentation to support your case given any decision would be made on what evidence is in front of immigration at the time .

Above is a personal view only and should be read as such.

Dear bs65, thank you for your response,

The reason why I linger over my application is that in every step I find more demanding details inside the guidelines, like this one:
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf

Actually my supporting documents regarding the reasons why I had to live abroad (parent's illness) are complete and ready to submit. But when I learned about the importance of ties and linkages in Canada (as I just have cousins there), I started to wonder if it's ok to present the general hardships in my home country as unusual, undeserved, or disproportionate hardships?
Do I need to submit other justifications like my own depression/anxiety prescriptions that started exactly by the expiration date of my PR, as another proof of my hardship? or just the submission of documents for mother's illness would be enough?

 

[scylla]

Do I need to submit other justifications like my own depression/anxiety prescriptions that started exactly by the expiration date of my PR, as another proof of my hardship?

CIC will not view these as hardships. Focus on proving you had to remain outside of Canada to take care of your mother and there was no one else available to do this.

 

[canuck78]

I got my PR visa for Canada last year December..But very unfortunately due to some unavoidable situation i could not able to enter here within given time..I heard that if i did not enter within fixed time my PR visa will expire and i will no longer able to enter Canada as Immigrant..My question is in future can i apply for a student visa or tourist visa ...? How much will be the chance for rejection of my future visa...????

You can apply for PR again or apply for a TRV but you will likely have difficulty getting approved for a student permit based on the fact that it is clear that your true intentions are to immigrate.