Hello, I have a question about HC&G. I am an only child. I have a 7 yo daughter. Her dad is in custody and we don't know yet how long he will stay in custody. I am separated from my husband and will file for divorce. We have no other family here in Canada and I would like my mom to be sponsored under HC&G. I am undergoing therapy for depression and anxiety. My mom is a big support for me especially when I go back to work full time. She and my daughter are very close.
Would we have a chance at a successful HC&G? She has been here on visitor visa and I just keep renewing it. She has brother and sister in Philippines but they both suffer from stroke. My mom is 73 yo.
Thank you for your help.
Hi there, and sorry about all of your troubles.
It's not possible to predict the outcome of an inland H&C application, but the risks are pretty clear.
1. these take a long time to process to a decision. In the meantime you have to maintain your status and if the visitor status is not extended then you're faced with leaving Canada with the H&C still undecided.
2. an unsuccessful H&C will likely lead to this being the last TRV the applicant ever receives. It's hard to sponsor parents but still possible and running around that process with an inland H&C application can backfire horribly.
3. you really need an experienced lawyer and a pile of cash in order to have a knowledgeable person translate your situation into the policies inherent to the Immigration H&C considerations like Best Interests of the Children (BIOC), undue hardship and/or establishment, etc.
You won't be the applicant of course, and so your story will only mean so much juxtaposed with the applicant's stated grounds.
You have to establish that an extraordinary set of circumstances exist that reasonably prevents the applicant from applying from outside of Canada. It's a challenge and failure holds real consequences that are unlikely to change the next time it's asserted that your mother would return home after a visit to Canada.
