humanitarian and compassionate application

[manjot26]

hi ,
i was thinking to apply for my parents on humanitarian and compassionate grounds . thr r both 57 years old , dad is heart patient with stunts , mother has other medical problems. I'm married and PR in canada . I'm the only child they have . no brother sisters . my parents came in canada on super visa a year ego then returned to home country . should we think about humanitarian basis ? if yes , they should be in canada on the time we apply apply for humanitarian or doesnt matter ?

thankyou

 

[scylla]

hi ,
i was thinking to apply for my parents on humanitarian and compassionate grounds . thr r both 57 years old , dad is heart patient with stunts , mother has other medical problems. I'm married and PR in canada . I'm the only child they have . no brother sisters . my parents came in canada on super visa a year ego then returned to home country . should we think about humanitarian basis ? if yes , they should be in canada on the time we apply apply for humanitarian or doesnt matter ?

thankyou

It's a hard call. Your parents are very young relatively speaking and I think you may have trouble convincing IRCC they cannot live on their own.

Yes - they need to be in Canada when you submit the H&C application and they should remain in Canada while the application is processed. Refusal rates are low and you should be aware that a refusal will likely make it more difficult for them to return in the future as visitors.

 

[canuck_in_uk]

hi ,
i was thinking to apply for my parents on humanitarian and compassionate grounds . thr r both 57 years old , dad is heart patient with stunts , mother has other medical problems. I'm married and PR in canada . I'm the only child they have . no brother sisters . my parents came in canada on super visa a year ego then returned to home country . should we think about humanitarian basis ? if yes , they should be in canada on the time we apply apply for humanitarian or doesnt matter ?

thankyou

I see no H&C grounds. Your parents are still relatively young, at an age when most people are still working. Having stents is fairly minor and doesn't prevent a person from working. You immigrated knowing that you are the only child and that you would be separated.

Focus on qualifying to sponsor them instead.

 

[Bornlucky]

hi ,
i was thinking to apply for my parents on humanitarian and compassionate grounds . thr r both 57 years old , dad is heart patient with stunts , mother has other medical problems. I'm married and PR in canada . I'm the only child they have . no brother sisters . my parents came in canada on super visa a year ego then returned to home country . should we think about humanitarian basis ? if yes , they should be in canada on the time we apply apply for humanitarian or doesnt matter ?

thankyou

Hi - the negatives just within your post are their young age, the fact that they have each other, and are you asserting that two potentially medical inadmissible applicants is a positive consideration? You cannot know the level of desperation in many H&C cases so something like this (as described) just doesn't reach the hardship level that this policy sees and looks to relieve.

There's a tightly run parental sponsorship option that you could try (like most everyone else) and access to, or the maintenance of their super visa.

You'll be rolling the dice and likely have to visit them in their 60s, 70s and on because the risk of this likely negative H&C decision is that any further temporary visa applications will be refused.

I wish you good luck, but you need a proper lawyer to explain what a negative outcome will actually look like.

 

[canuck78]

It's a hard call. Your parents are very young relatively speaking and I think you may have trouble convincing IRCC they cannot live on their own.

Yes - they need to be in Canada when you submit the H&C application and they should remain in Canada while the application is processed. Refusal rates are low and you should be aware that a refusal will likely make it more difficult for them to return in the future as visitors.

Think @scylla meant to say that refusal rates are high. You moved to Canada, recently it seems, and knew you were the only child. Given their age and the fact that they each other you’ll have a hard time explaining how this is H&C and why you can’t apply for PGP like everyone else.

 

[Sen88]

Is it a good choice to apply for H&C? How about the acceptance criteria? I don't have any medical conditions except psychological issues. But can prove other threats in home country. Can you tell me if H&C is strict or easygoing?

 

[Buletruck]

Is it a good choice to apply for H&C? How about the acceptance criteria? I don't have any medical conditions except psychological issues. But can prove other threats in home country. Can you tell me if H&C is strict or easygoing?

H&C is for exceptional circumstances. It’s not a regular immigration program, so there are specific criteria to meet for a successful application. It is not meant as an alternate means of immigration. Are you in Canada?

 

[Copingwithlife]

Is it a good choice to apply for H&C? How about the acceptance criteria? I don't have any medical conditions except psychological issues. But can prove other threats in home country. Can you tell me if H&C is strict or easygoing?

It would obviously be strict , because individuals turn to it as a method of last resort to stay in the country , when other routes have failed . So it’s kinda like the saying “ If you don’t first succeed, try, try ,try again. But the bar is high
Why would it be easy going ? You’re requesting a country to let you stay here permanently, and eventually apply and hold it’s passport. You have to have EXCEPTIONAL reasons , it’s not a program just so one can jump the que or deviate from the many programs already available. The ones everyone else already apply thru

 

[Matthew Iwama]

H&C approval rates, historically, are in the low single digits.

It is important to take focus on the key aspect of Section 25(1), which states:

Humanitarian and compassionate considerations — request of foreign national

• 25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

My experience has been that IRCC is looking primarily, these days, at these factors:

1. Unanticipated Hardship
2. Establishment in Canada by the Applicant
3. Best Interests of a Child directly affected by the removal of Applicant from Canada

I echo @canuck_in_uk in saying that I see no H&C grounds here.

 

[Bornlucky]

H&C approval rates, historically, are in the low single digits.

It is important to take focus on the key aspect of Section 25(1), which states:



My experience has been that IRCC is looking primarily, these days, at these factors:

1. Unanticipated Hardship
2. Establishment in Canada by the Applicant
3. Best Interests of a Child directly affected by the removal of Applicant from Canada

I echo @canuck_in_uk in saying that I see no H&C grounds here.

Hi there - where do you get your statistics for H&C approvals? I've had considerable exposure to this line of business over the years and they have never, ever been in single digits - ever. PRRA sees single digit positives, but not H&Cs.

You can see some stats here: https://www.bcimmigration.com/humanitarian-and-compassionate-statistics-from-canadian-immigration-do-not-leave-canada/

"The statistics revealed during the following years the chance of success from within Canada or from outside of Canada:"
In 2018 – from outside of Canada success was 3.8% and from within Canada 64.9%
In 2017 – from outside of Canada success was 1.7% and from within Canada 57.8%
In 2016 – from outside of Canada success was 2.5% and from within Canada 67.1%
In 2015 – from outside of Canada success was 0.5% and from within Canada 59.8%
In 2014 – from outside of Canada success was 0% and from within Canada 48.9%
In 2013 – from outside of Canada success was 0.6% and from within Canada 40.2%

If you have access to other statistics I'd be interested to see these single digit approval rates because I'd be very surprised to see them.

Thanks

 

[Matthew Iwama]

Hi there - where do you get your statistics for H&C approvals? I've had considerable exposure to this line of business over the years and they have never, ever been in single digits - ever. PRRA sees single digit positives, but not H&Cs.

You can see some stats here: https://www.bcimmigration.com/humanitarian-and-compassionate-statistics-from-canadian-immigration-do-not-leave-canada/

"The statistics revealed during the following years the chance of success from within Canada or from outside of Canada:"
In 2018 – from outside of Canada success was 3.8% and from within Canada 64.9%
In 2017 – from outside of Canada success was 1.7% and from within Canada 57.8%
In 2016 – from outside of Canada success was 2.5% and from within Canada 67.1%
In 2015 – from outside of Canada success was 0.5% and from within Canada 59.8%
In 2014 – from outside of Canada success was 0% and from within Canada 48.9%
In 2013 – from outside of Canada success was 0.6% and from within Canada 40.2%

If you have access to other statistics I'd be interested to see these single digit approval rates because I'd be very surprised to see them.

Thanks

I think you just provided those for me. Applicants are outside Canada. Low single digits.

 

[Bornlucky]

I think you just provided those for me. Applicants are outside Canada. Low single digits.

Apologies as i thought that it was an inland application, so I was wrong.

 

[Engineer43]

How about for widow mother, 60 years old, no one back home to look after, we are very very strong pay etc wise to apply for PGP but the time it will take to process where she will live, can this fact be highlighted that she is eligible for PGP and full fills all req but due to the time is taken and no one to look after her ... a genuine reason to apply for stay,

another question can PGP application be submitted during H&C?

 

[scylla]

How about for widow mother, 60 years old, no one back home to look after, we are very very strong pay etc wise to apply for PGP but the time it will take to process where she will live, can this fact be highlighted that she is eligible for PGP and full fills all req but due to the time is taken and no one to look after her ... a genuine reason to apply for stay,

another question can PGP application be submitted during H&C?

Are you an only child? Does she have any children living in her home country?

 

[Copingwithlife]

How about for widow mother, 60 years old, no one back home to look after, we are very very strong pay etc wise to apply for PGP but the time it will take to process where she will live, can this fact be highlighted that she is eligible for PGP and full fills all req but due to the time is taken and no one to look after her ... a genuine reason to apply for stay,

another question can PGP application be submitted during H&C?

Adding you only very very recently arrived into Canada , and it’s ill advised to attempt to use the H&C Program versus other available programs to have your mother visit you . When you recently moved here, you would have known she’d be left alone