Fourth visitor extension or quick trip to US for mum? Applying for h&c

[EFK123]

Hi,

I am just under discussion with my lawyer to file h&c case for my mum. She was living and working in the Middle East and her job let her remain due to covid (she could go back eventually) so she has 3 extensions-last one due to medical issues that came up too last summer. Her job is not there anymore, and she has nothing to go back to anymore. Until the last extension, she was still employed.
She cannot go to Pakistan (her home country) as she hasnt lived there in over 40 years and not able to go back..her life was all in the Middle East but there is noone and nothing left there either..all her children are Canadian prs/citizens.
Now her current (third) visitor record gets over mid April...so should we extend it once again in country?(this time her employment will not be there) or should she go to the US for a week or so. She cant stay out too long as we will need to file her h&c asap and she cant really be alone there...we have cousins and the max she can br with them is a few weeks.
The lawyer suggested to cross the border as she still has a valid TRV and they have no reason to stop her re-entry as she followed all rules and never overstayed....but she has been here since Feb 2020 so im worried if she gets out once and they feel like she is just leaving the country for another extension, not sure if they will let her in...
The h&c will only be filed sometime in May due to paperwork etc... and i dont want to risk her being out of the country then.
Can anyone suggest what is the safest route at this point?
I thought i will apply for extension and remaim on implied status, but I really do not want her to be out of status..even if we do have an ongoing h&c at that point...want to keep her with valid status as long as possible.

 

[canuck78]

Hi,

I am just under discussion with my lawyer to file h&c case for my mum. She was living and working in the Middle East and her job let her remain due to covid (she could go back eventually) so she has 3 extensions-last one due to medical issues that came up too last summer. Her job is not there anymore, and she has nothing to go back to anymore. Until the last extension, she was still employed.
She cannot go to Pakistan (her home country) as she hasnt lived there in over 40 years and not able to go back..her life was all in the Middle East but there is noone and nothing left there either..all her children are Canadian prs/citizens.
Now her current (third) visitor record gets over mid April...so should we extend it once again in country?(this time her employment will not be there) or should she go to the US for a week or so. She cant stay out too long as we will need to file her h&c asap and she cant really be alone there...we have cousins and the max she can br with them is a few weeks.
The lawyer suggested to cross the border as she still has a valid TRV and they have no reason to stop her re-entry as she followed all rules and never overstayed....but she has been here since Feb 2020 so im worried if she gets out once and they feel like she is just leaving the country for another extension, not sure if they will let her in...
The h&c will only be filed sometime in May due to paperwork etc... and i dont want to risk her being out of the country then.
Can anyone suggest what is the safest route at this point?
I thought i will apply for extension and remaim on implied status, but I really do not want her to be out of status..even if we do have an ongoing h&c at that point...want to keep her with valid status as long as possible.

Get rid of this lawyer. They are providing bad advice. Your mother risks not being able to reenter Canada if she leaves since she’s had numerous extensions. After 2 years and the fact that the world has opened again there is a high chance of refusal. If she applies for an extension while in Canada she can wait in Canada for the response.

 

[scylla]

Hi,

I am just under discussion with my lawyer to file h&c case for my mum. She was living and working in the Middle East and her job let her remain due to covid (she could go back eventually) so she has 3 extensions-last one due to medical issues that came up too last summer. Her job is not there anymore, and she has nothing to go back to anymore. Until the last extension, she was still employed.
She cannot go to Pakistan (her home country) as she hasnt lived there in over 40 years and not able to go back..her life was all in the Middle East but there is noone and nothing left there either..all her children are Canadian prs/citizens.
Now her current (third) visitor record gets over mid April...so should we extend it once again in country?(this time her employment will not be there) or should she go to the US for a week or so. She cant stay out too long as we will need to file her h&c asap and she cant really be alone there...we have cousins and the max she can br with them is a few weeks.
The lawyer suggested to cross the border as she still has a valid TRV and they have no reason to stop her re-entry as she followed all rules and never overstayed....but she has been here since Feb 2020 so im worried if she gets out once and they feel like she is just leaving the country for another extension, not sure if they will let her in...
The h&c will only be filed sometime in May due to paperwork etc... and i dont want to risk her being out of the country then.
Can anyone suggest what is the safest route at this point?
I thought i will apply for extension and remaim on implied status, but I really do not want her to be out of status..even if we do have an ongoing h&c at that point...want to keep her with valid status as long as possible.

I've given my opinion on this previously. The border run is very risky. There is no guarantee she will be readmitted into Canada. If she is not readmitted, then she will have no choice but to return to her home country. Ultimately your call.

 

[EFK123]

I agree with the above as well..but my family feels that applying for a fourth extension is also risky and will be refused too..my point is that it will buy us time atleast....assume the 4th extension is refused once an h&c is filed, should we apply for restoration of status on the ground that h&c is in process? Or do we jjst ask to defer the removal until the h&c response....also, if it is finally refused and we need to reapply for h&c, can we do it immediately after the refusal so that she still wont have to leave?(since a 2nd attempt will now be under process)

 

[canuck78]

I agree with the above as well..but my family feels that applying for a fourth extension is also risky and will be refused too..my point is that it will buy us time atleast....assume the 4th extension is refused once an h&c is filed, should we apply for restoration of status on the ground that h&c is in process? Or do we jjst ask to defer the removal until the h&c response....also, if it is finally refused and we need to reapply for h&c, can we do it immediately after the refusal so that she still wont have to leave?(since a 2nd attempt will now be under process)

There is a good chance that the fourth extension will be denied. You can try to apply for restoration but there’s a good chance that that won’t be approved. You are a deportable under a humanitarian and compassionate application. Normally you can convince CBSA to put deportation on hold if they tried to deport her. If she is denied humanitarian and compassionate grounds it will be much harder not to get deported on the second application if CBSA wants to deport her. If you reapply right away her circumstances wouldn’t have changed.

 

[EFK123]

Can you explain this part pls "If you reapply right away her circumstances would’ve changed."

 

[canuck78]

Can you explain this part pls "If you reapply right away her circumstances would’ve changed."

Sorry should have said Wouldn’t have

 

[EFK123]

So where does that leave us? Lol..i guess the first choice is definitely applying for an extension..do i mention h&c? That will be contrary to intent to reside temporarily right...so we continue how we asked the previous ones?

 

[canuck78]

So where does that leave us? Lol..i guess the first choice is definitely applying for an extension..do i mention h&c? That will be contrary to intent to reside temporarily right...so we continue how we asked the previous ones?

No I would not mention H&C in your extension request. Filing H&C will essentially lead to a denial of a visitor extension because you are declaring that you want to remain longterm in Canada. Whatever your reason for a visitor extension. If it has to do with Covid you have less of an argument as the world has opened up. As a visitor you need to show that you have ties elsewhere to return to.

 

[scylla]

So where does that leave us? Lol..i guess the first choice is definitely applying for an extension..do i mention h&c? That will be contrary to intent to reside temporarily right...so we continue how we asked the previous ones?

Apply for an extension first without mentioning the H&C application. An H&C application indicates an intent to remain in Canada permanently and will result in the extension being refused.

Then apply for H&C.

At some point during the H&C application your mother will end up falling out of status due to an extenion being refused. You could apply for restoration but that's almost guaranteed to be refused as well. You have to get comfortable with the fact that if you go the H&C route, there will be a point where your mother falls out of status in Canada and then remains in Canada out of status for a prolonged period of time until a decision in the H&C application is made (hopefully positive).

 

[canuck78]

Would recommend that your mother get medical travel insurance asap. You can include that proof in her extension request. If she gets sick it could be extremely expensive.