Humanitarian and Compassionate Application for my Mother.

[ersandee]

Hello Friends, I seek your advice on H&C visa application for my Mother. Here are few facts:-
- She is 69 year old.
- She is/will be by herself in home country as I lost my father last year 2022.
- She have enough property and pension in home country.
- We are Two brothers and both Canadian PR/Citizen with Families.
- She is currently in Canada on super visa, she had being here for few times earlier too, returned on time.
- We have being trying PGP for 5 year now.

Please let me know if these are good grounds for her to get Humanitarian and Compassionate application approved ?

 

[canuck78]

Hello Friends, I seek your advice on H&C visa application for my Mother. Here are few facts:-
- She is 69 year old.
- She is/will be by herself in home country as I lost my father last year 2022.
- She have enough property and pension in home country.
- We are Two brothers and both Canadian PR/Citizen with Families.
- She is currently in Canada on super visa, she had being here for few times earlier too, returned on time.
- We have being trying PGP for 5 year now.

Please let me know if these are good grounds for her to get Humanitarian and Compassionate application approved ?

Is she able to physically care for herself like shower and dress herself, prepare simple meals, etc.? Why could she not continue visiting on a supervisa? How is her case different than others hoping to get selected for PGP that would deem it an H&C case?

It looks like you may have only moved to Canada on 2018 is that correct? Did you start living in Canada permanently in Canada in 2018 and have you lived and worked in Canada since then? Did you start meeting LICO in 2018 or 2019? Do you have a spouse and had they lived and worked in Canada before you arrived in Canada? You may have only qualified to apply for PGP for 2 years.

 

[scylla]

Hello Friends, I seek your advice on H&C visa application for my Mother. Here are few facts:-
- She is 69 year old.
- She is/will be by herself in home country as I lost my father last year 2022.
- She have enough property and pension in home country.
- We are Two brothers and both Canadian PR/Citizen with Families.
- She is currently in Canada on super visa, she had being here for few times earlier too, returned on time.
- We have being trying PGP for 5 year now.

Please let me know if these are good grounds for her to get Humanitarian and Compassionate application approved ?

If you are her only two children, then you definitely have a shot at getting H&C approved. If she has other children, the chances will be quite a bit lower and it may not be worth the risk to apply.

Note that applying under H&C carries some risks in the application is refused. In that case, it may be difficult to return to Canada in the future as a visitor.

Also note that the wait time for H&C application processing can be 2-3 years.

Recommend you read through the H&C threads in the Asylum / Refugee section of the forum.

 

[ersandee]

If you are her only two children, then you definitely have a shot at getting H&C approved. If she has other children, the chances will be quite a bit lower and it may not be worth the risk to apply.

Note that applying under H&C carries some risks in the application is refused. In that case, it may be difficult to return to Canada in the future as a visitor.

Also note that the wait time for H&C application processing can be 2-3 years.

Recommend you read through the H&C threads in the Asylum / Refugee section of the forum.

Thank you for your reply, I have one sister she is australian citizen but here Canadian PR is in progress. I will check the suggested Threads.

 

[scylla]

Thank you for your reply, I have one sister she is australian citizen but here Canadian PR is in progress. I will check the suggested Threads.

Is that sister living in Canada now?

 

[ersandee]

Is she able to physically care for herself like shower and dress herself, prepare simple meals, etc.? Why could she not continue visiting on a supervisa? How is her case different than others hoping to get selected for PGP that would deem it an H&C case?

It looks like you may have only moved to Canada on 2018 is that correct? Did you start living in Canada permanently in Canada in 2018 and have you lived and worked in Canada since then? Did you start meeting LICO in 2018 or 2019? Do you have a spouse and had they lived and worked in Canada before you arrived in Canada? You may have only qualified to apply for PGP for 2 years.

Did you start living in Canada permanently in Canada in 2018 and have you lived and worked in Canada since then? - Yes
Did you start meeting LICO in 2018 or 2019? - 2019
Do you have a spouse and had they lived and worked in Canada before you arrived in Canada? - No
You may have only qualified to apply for PGP for 2 years. - Yes
My brother is here for 10 years and He was applying PGP.
Have one sister her canadian PR is in progress.

Thoughts ?

 

[ersandee]

Is that sister living in Canada now?

No she is planing to move later in the year.

 

[scylla]

No she is planing to move later in the year.

In that case I would strongly recommend that you wait until your sister has PR and has moved to Canada before submitting the H&C application.

 

[canuck78]

Did you start living in Canada permanently in Canada in 2018 and have you lived and worked in Canada since then? - Yes
Did you start meeting LICO in 2018 or 2019? - 2019
Do you have a spouse and had they lived and worked in Canada before you arrived in Canada? - No
You may have only qualified to apply for PGP for 2 years. - Yes
My brother is here for 10 years and He was applying PGP.
Have one sister her canadian PR is in progress.

Thoughts ?

Has your brother applied for PGP every year for the past 10 years? You have yet to apply for PGP if your met LICO for the first time in 2019. You haven’t applied for PGP once so you personally haven’t been waiting for years. You haven’t mentioned whether your mother is able to care for herself. That is a major consideration when it comes to H&C applications. How is her situation unlike other families wanting to sponsor a parent? Why couldn’t she visit Canada on a supervisa while attempting to get selected for PGP? Parents being a widow or having all their children in Canada doesn’t ensure that a parent will get PR or should get priority over those also trying to sponsor a parent. Many grandparents don’t live in the same city as their grandchildren and visit up to a few times a year. What makes this an unusual situation where you couldn’t wait to get selected for PGP while your mother visited on a supervisa. You haven’t even applied once for PGP while many others in similar position have applied multiple times. What if she gets denied H&C? Then she would likely have difficulty visiting Canada. Both you and your brother should be able to apply for PGP soon. If your brother qualified in 2020 his chances of getting selected should have been pretty good and they may use the same EOI again this year. Did he qualify in 2020 and has he continued to meet LICO? H&C is really meant for exceptional circumstances. Compared to many other in similar circumstance you haven’t waited a long time to sponsor your parent. It’s unclear when your brother moved to Canada, when he got PR, how many years he has met LICO and whether he met LICO for 3-5/6 years in a row which is required for a PGP application.

Not exactly the same situation but in this case the parent had no family in India and one child and their family in Canada. There are certainly some cases that are approved but you could make similar arguments when it comes to your application.
https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/421303/index.do

 

[ivan95]

I need some advice @scylla. I am looking for some information for my dad. We are three children in total, me and one of my sisters are Canadian Citizens. I have another sister back but she is not mentally stable and is essentially in the care of my mother. My mother and father are separated (maybe divorced, not sure). My dad lives alone, he is 73 years old, and has been finding difficult to complete basic tasks like getting groceries, cleaning after himself and most importantly, taking his medication. I am really worried about him, especially considering that people back home tend to exploit and take advantage of the elderly and vulnerable. My father is completely alone, the sister I have back home is not even capable of taking care of herself let alone our father. We need to call him here, and this is one of the avenues we are exploring. We have applied for his Supervisa, but we need him here permanently not just for 5 years (it will be even harder for him to take care of himself in 5 years), and apparently the Supervisa insurance only covers emergency events. He needs to be able to visit a doctor (a specialist) and get a prescription. Is H&C application a valid option? Is having one of sisters there a problem, even if I provide an explanation of her medical condition? Any advice would be helpful.

 

[Naturgrl]

I need some advice @scylla. I am looking for some information for my dad. We are three children in total, me and one of my sisters are Canadian Citizens. I have another sister back but she is not mentally stable and is essentially in the care of my mother. My mother and father are separated (maybe divorced, not sure). My dad lives alone, he is 73 years old, and has been finding difficult to complete basic tasks like getting groceries, cleaning after himself and most importantly, taking his medication. I am really worried about him, especially considering that people back home tend to exploit and take advantage of the elderly and vulnerable. My father is completely alone, the sister I have back home is not even capable of taking care of herself let alone our father. We need to call him here, and this is one of the avenues we are exploring. We have applied for his Supervisa, but we need him here permanently not just for 5 years (it will be even harder for him to take care of himself in 5 years), and apparently the Supervisa insurance only covers emergency events. He needs to be able to visit a doctor (a specialist) and get a prescription. Is H&C application a valid option? Is having one of sisters there a problem, even if I provide an explanation of her medical condition? Any advice would be helpful.

When did he arrive in Canada to claim H&C. What are his long term ties to Canada to show H&C?. He has family in home country so chances are low. H&C applications take years so he needs to pay out of pocket for all healthcare. So he needs private insurance too.

 

[ivan95]

When did he arrive in Canada to claim H&C. What are his long term ties to Canada to show H&C?. He has family in home country so chances are low. H&C applications take years so he needs to pay out of pocket for all healthcare. So he needs private insurance too.

He hasn't arrived yet. My sister is the only real family he has, and as I mentioned she is not capable of providing him care, I could probably get her doctors notes. Healthcare out of pocket initially is something we could try. So, from what I can tell, H&C denial would spoil his chances to re enter Canada through Supervisa?

 

[canuck78]

I need some advice @scylla. I am looking for some information for my dad. We are three children in total, me and one of my sisters are Canadian Citizens. I have another sister back but she is not mentally stable and is essentially in the care of my mother. My mother and father are separated (maybe divorced, not sure). My dad lives alone, he is 73 years old, and has been finding difficult to complete basic tasks like getting groceries, cleaning after himself and most importantly, taking his medication. I am really worried about him, especially considering that people back home tend to exploit and take advantage of the elderly and vulnerable. My father is completely alone, the sister I have back home is not even capable of taking care of herself let alone our father. We need to call him here, and this is one of the avenues we are exploring. We have applied for his Supervisa, but we need him here permanently not just for 5 years (it will be even harder for him to take care of himself in 5 years), and apparently the Supervisa insurance only covers emergency events. He needs to be able to visit a doctor (a specialist) and get a prescription. Is H&C application a valid option? Is having one of sisters there a problem, even if I provide an explanation of her medical condition? Any advice would be helpful.

You first have to figure out if your parents are divorced or not. How long have they lived apart? Is hiring help not an option? Access to routine healthcare may be very difficult if not impossible for some specialists. Those with provincial insurance have priority and they are already experiencing long backlogs. H&C is not a replacement for PGP so even if he applied for H&C it is not guaranteed and make take many years to get a result of the application. Private non-supervisa insurance will not cover most preexisting conditions.

 

[canuck78]

He hasn't arrived yet. My sister is the only real family he has, and as I mentioned she is not capable of providing him care, I could probably get her doctors notes. Healthcare out of pocket initially is something we could try. So, from what I can tell, H&C denial would spoil his chances to re enter Canada through Supervisa?

What type of health issue are we talking about? Supervisa may not even be an option.

 

[Naturgrl]

He hasn't arrived yet. My sister is the only real family he has, and as I mentioned she is not capable of providing him care, I could probably get her doctors notes. Healthcare out of pocket initially is something we could try. So, from what I can tell, H&C denial would spoil his chances to re enter Canada through Supervisa?

So H&C is not even an option as he is not even in Canada. Supervisa is only option for long term stay and he needs to pass a medical. If not divorce then that will factor in because he has a wife. He has family in home country so he is not alone.

Read through requirements for H&C because taking care of him is not necessarily a reason. He wants to set up strong ties to Canada like community/church involvement. Plus it will take years for a response so he will have to pay out of pocket for most care, and pre-existing conditions will not be covered so if on medication, as an example, cost it out of pocket. Also he will have to rely on walk in clinics and hospitals for care and will be expected to pay up front. He will not have access to specialists until H&C is approved and becomes PR.