Any chance my case can get thru humanitarian ground?

[alfonsol]

Hi, is there any way(s) that parents of a Canadian born child + parents + brothers + sisters (all Canadian PR) be able to obtain a PR to Canada to reunion with the rest of the family ?

 

[scylla]

Are you physically in Canada?

 

[alfonsol]

One of the parents is now in Canada, the other in Asia. The child will start university in USA this September; the rest of the family remain in Canada.

 

[scylla]

You aren't providing very many details - which makes it more difficult to speculate. But based on what you've said, chances sound pretty low. H&C applications aren't to be undertaken lightly. A refusal will complicate future visa approvals and potentially entries into the country.

I would wait until the child has completed their studies in the US and returned to Canada to live and work here. As of now - a bit difficult to make the H&C argument given the child doesn't even have plans to live in Canada in the short term.

 

[canadianwoman]

Humanitarian and compassionate grounds are usually based on the best interests of a child. Since the child is already an adult, or nearly so, this will not carry much weight with CIC. In addition, since the child is not even going to be in Canada, CIC is not going to see how the best interests of the child require that the parents live in Canada.

It might be better to wait until the child has worked for three years in Canada. If his or her income is enough, he or she can then sponsor the parents.

 

[alfonsol]

Thanks Scylla for your reply.

Yes that what I presumed too. Given that all the rest of the family are Canadian including the own child, thought it would give a strong Canadian tie to sustain the ground. At the same time, both the child & Canadian-tied parent are US citizen; hope that will not further weaken the intent.

 

[alfonsol]

Thanks Canadianwoman for your reply.

I fully understand that standpoint from CIC, while with the fact that the child will study in East Coast of US, while the parents wanted to be as close (1 hour flight) as possible to provide support throughout the course. Not sure if the rest of the family will serve any supporting ground in this case at all. No hasty appeal action should be taken to possibly jeopardize the record.

 

[mikeymyke]

Why don't one of the children sponsor the parents?

 

[BonManush]

I think it's the child that was only born in Canada. The parents of the "child" aren't Canadians. The grandparents, uncles and aunts are Canadian PR.

This doesn't look like a H+C case as most if not a significant number of people who are applying to immigrate are in similar cases with lots of family ties already in Canada. The child finishing school, then working in Canada and then applying for parents could take easily 10 years though.

 

[alfonsol]

Thanks BonManush, an easy 10 years sounds like a very realistic timeline schedule. In order to get family reunion by means of other immigration path to Canada; which the chance is almost equal to 0% nowadays.

Startup visa- looks like they're looking for people like Bill Gate or Steve Jobs only, applying to Silicon Valley is easier
OINP, BCPNP, MPNP - all for millionaires
Owner/operator - a broken path to PR, must thru EE
EE - meaningless without a job offer
LMIA helps stopping instead of helping applicants

The list goes on....well, becoming a domestic helper or refugee will make thing a lot easier these days. Sorry about the grievances.

 

[BonManush]

We've all been there and experienced it to some extent.

Another option might be supervisa for the parents once the kid finishes school and starts working. The good news is that it looks like they are able to at least travel in and out of Canada at the moment.

 

[alfonsol]

True, but kind of useless to those already be able to travel in & out; its always the PR that matters.