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H&C Application for aged parents

whatamess

Newbie
May 1, 2018
2
0
Hi all,

I wanted some guidance on whether it would be feasible for my parents to apply for PR under H&C grounds. The situation is as follows:
1. My mother is 71 and father is 79 years old.
2. I am the only child and immigrated in 2018.
3. I still do not have the requisite 3 years of NOA to be able to sponsor them under the PGP program.
4. We do not have any friends or family back home who would be able to take care of them.
5. My parents are extremely attached to my only child, their only grandchild. My child too is very attached to them.
6. My parents do not have any serious medical conditions except the ones that come with age. Also those conditions are stable with medication for a very long time,
7. My parents are currently in Canada with me since the end of 2019 and we decided to extend their Visitor visa because of covid. Now we are still apprehensive of the situation and fear for their safety. Also given that they are here for over a year now, I think it would be very difficult for them to pick up their lives alone when they go back.

I have read through some threads on this forum as well as others discussing H&C applications, but did not find a case similar to this. If it makes sense for us to apply on H&C grounds from within Canada, I am not sure whether the application should be from me as a sponsor or should my parents directly apply with supporting letters and documents from me.

I appreciate any help and thoughts on this.
 

canuck78

VIP Member
Jun 18, 2017
53,253
12,855
Hi all,

I wanted some guidance on whether it would be feasible for my parents to apply for PR under H&C grounds. The situation is as follows:
1. My mother is 71 and father is 79 years old.
2. I am the only child and immigrated in 2018.
3. I still do not have the requisite 3 years of NOA to be able to sponsor them under the PGP program.
4. We do not have any friends or family back home who would be able to take care of them.
5. My parents are extremely attached to my only child, their only grandchild. My child too is very attached to them.
6. My parents do not have any serious medical conditions except the ones that come with age. Also those conditions are stable with medication for a very long time,
7. My parents are currently in Canada with me since the end of 2019 and we decided to extend their Visitor visa because of covid. Now we are still apprehensive of the situation and fear for their safety. Also given that they are here for over a year now, I think it would be very difficult for them to pick up their lives alone when they go back.

I have read through some threads on this forum as well as others discussing H&C applications, but did not find a case similar to this. If it makes sense for us to apply on H&C grounds from within Canada, I am not sure whether the application should be from me as a sponsor or should my parents directly apply with supporting letters and documents from me.

I appreciate any help and thoughts on this.
H&C is for exceptional circumstances. Your parents are able to see their grandchild via a supervisa. They were always on a visitor visa and never should have expected for their stay in Canada to be permanent. H&C is not a way to secure PR for parents because you don't want to wait or haven't been selected for PGP. Parents get denied for H&C and if they are denied their supervisa could get cancelled. Once it is clear they want to remain in Canada getting approved for any form of visitor visa will be difficult. H&C comes with that risk. Your parents are able to care for themselves and have the ability to visit their grandchild so it is very unclear what H&C circumstances are involved. PGP exists exactly for situation like yours and due to Canada's ageing demographic Canada can only accept a certain amount of parents and grandparents each year. It is very clear to those assessing H&C cases that some are unwilling to wait their turn to be selected and apply for H&C often without any H&C reasons which is why many are denied. You are required to show ties to your home country when applying for a supervisa because you are expected to return home.

Here is a good example of an appeal (judicial review) of a negative H&C getting denied and this was for a widow. H&C is not easy to get and there must actually be exceptional circumstances.
https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/421303/index.do
 
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