Humanitarian & Compassionate Grounds PR (H&C)

[Nch0608]

Hello people!

Seeking information about experience of people with H&C applications. My situation:

• I'm 65+, retired school teacher from India. Have decent funds in my name and a small property (current residence in India). Have no income source at this point other than savings in bank account.
• My daughter is Canadian PR, about to be a citizen. She is unmarried but may settle down in the next year or so. She too has good funds in her accounts.
• My husband and son (adult) live in India- both are working. We three were previously living at our residence together; however, due to marital discord, we are not living together anymore. Both husband and son moved out recently and live at another address nearby. They have major issue with our daughter living alone in Canada on PR, but I have stood by my daughter's side. Both of them have not visited her in Canada even once.
• I've a valid TRV (visitors). My supervisa recently got stamped. I'm visiting my daughter on my visitors visa. Once I return to India this time, I' plan to come back next time on supervisa. My husband may try his best to stop me from returning though, as has been the case previously.
• My husband has asked for divorce verbally, which I haven't yet said a yes to. However, I'm thinking of considering it since my life is already in shambles and I want to support my daughter and live with her in Canada. It might mean ending ties with my husband and eventually my son, but I don't have a way to reconcile at this point.
• My daughter is currently on temporary disability (since last 2 years). She has been in 2 car accidents, in both of these she was a passenger. She is actively attending treatment and is not medically cleared for return to work yet. Hence, she can't try for PGP. If she returns to work in early/ mid 2022, she will have to build income for 2022, 2023 and 2024 to be even eligible to apply. This will take way longer for my settlement considering my marital issues and no family ties left in India now.
• In the first car accident 2 years ago, I too was a passenger. I too am attending treatment in India and Canada.

My questions:

• What are my chances if I decide to submit a H&C application? Will the divorce papers strengthen my case?
• What can be the possible reasons for rejection in my case or cases similar to mine?
• I have read that success chances are usually low. Like how low?
• Anything else I should be aware of?
• Is PGP my only option? It is a tough phase that I am going through.

Thanks everyone. Much appreciate all replies.

 

[scylla]

Hello people!

Seeking information about experience of people with H&C applications. My situation:

• I'm 65+, retired school teacher from India. Have decent funds in my name and a small property (current residence in India). Have no income source at this point other than savings in bank account.
• My daughter is Canadian PR, about to be a citizen. She is unmarried but may settle down in the next year or so. She too has good funds in her accounts.
• My husband and son (adult) live in India- both are working. We three were previously living at our residence together; however, due to marital discord, we are not living together anymore. Both husband and son moved out recently and live at another address nearby. They have major issue with our daughter living alone in Canada on PR, but I have stood by my daughter's side. Both of them have not visited her in Canada even once.
• I've a valid TRV (visitors). My supervisa recently got stamped. I'm visiting my daughter on my visitors visa. Once I return to India this time, I' plan to come back next time on supervisa. My husband may try his best to stop me from returning though, as has been the case previously.
• My husband has asked for divorce verbally, which I haven't yet said a yes to. However, I'm thinking of considering it since my life is already in shambles and I want to support my daughter and live with her in Canada. It might mean ending ties with my husband and eventually my son, but I don't have a way to reconcile at this point.
• My daughter is currently on temporary disability (since last 2 years). She has been in 2 car accidents, in both of these she was a passenger. She is actively attending treatment and is not medically cleared for return to work yet. Hence, she can't try for PGP. If she returns to work in early/ mid 2022, she will have to build income for 2022, 2023 and 2024 to be even eligible to apply. This will take way longer for my settlement considering my marital issues and no family ties left in India now.
• In the first car accident 2 years ago, I too was a passenger. I too am attending treatment in India and Canada.

My questions:

• What are my chances if I decide to submit a H&C application? Will the divorce papers strengthen my case?
• What can be the possible reasons for rejection in my case or cases similar to mine?
• I have read that success chances are usually low. Like how low?
• Anything else I should be aware of?
• Is PGP my only option? It is a tough phase that I am going through.

Thanks everyone. Much appreciate all replies.

- IMO your chances of a successful application are low.
- What are the H&C arguments to plan on making to support your application? Normally parent H&C applications only work in situations where there is only a single child and that child lives in Canada. But you have a son in India so that won't work for you and you can't make that argument.
- No one can tell you how low.
- If you apply for H&C and H&C is refused, you may find it much more difficult to be allowed to visit Canada in the future on either a visitor visa or super visa. IRCC will often cancel a visitor visa or super visa that is still valid once H&C is refused.
- PGP is the most realistic option. The other options would be for you to qualify for PR on your own through an economic immigration stream.

 

[Nch0608]

- IMO your chances of a successful application are low.

- IMO your chances of a successful application are low.

"OK"

- What are the H&C arguments to plan on making to support your application? Normally parent H&C applications only work in situations where there is only a single child and that child lives in Canada. But you have a son in India so that won't work for you and you can't make that argument.
"The very fact that my son or husband have not cared for once to visit my daughter. Once I'm divorced, I'd technically have a single child...my daughter only who is a PR."

- No one can tell you how low. "OK"

- If you apply for H&C and H&C is refused, you may find it much more difficult to be allowed to visit Canada in the future on either a visitor visa or super visa. IRCC will often cancel a visitor visa or super visa that is still valid once H&C is refused. "Did not know about this. Any link/ supporting doc for my reference to read about this?"

- PGP is the most realistic option. The other options would be for you to qualify for PR on your own through an economic immigration stream.

"I am 65 years old retired teacher. How would I be able to qualify?"

 

[Nch0608]

- IMO your chances of a successful application are low.
- What are the H&C arguments to plan on making to support your application? Normally parent H&C applications only work in situations where there is only a single child and that child lives in Canada. But you have a son in India so that won't work for you and you can't make that argument.
- No one can tell you how low.
- If you apply for H&C and H&C is refused, you may find it much more difficult to be allowed to visit Canada in the future on either a visitor visa or super visa. IRCC will often cancel a visitor visa or super visa that is still valid once H&C is refused.
- PGP is the most realistic option. The other options would be for you to qualify for PR on your own through an economic immigration stream.

Sorry about formatting errors. I have pasted my replies in quotes. Please suggest. Thanks Scylla.

 

[scylla]

"I am 65 years old retired teacher. How would I be able to qualify?"

Express Entry and most of the PNP programs aren't an option due to your age unfortunately (as well as your occupation, which isn't in demand in Canada). If you had significant funds and business experience, then establishing a business could be one option through something like the Start Up Visa immigration program. But based on the additional info you've provided, I don't see that being feasible. PGP is really the most realistic program for you if your aim is to move to Canada and live here permanently.

 

[Nch0608]

Express Entry and most of the PNP programs aren't an option due to your age unfortunately (as well as your occupation, which isn't in demand in Canada). If you had significant funds and business experience, then establishing a business could be one option through something like the Start Up Visa immigration program. But based on the additional info you've provided, I don't see that being feasible. PGP is really the most realistic program for you if your aim is to move to Canada and live here permanently.

Thanks for the reply.

Do you have any supporting link that talks about this- "If you apply for H&C and H&C is refused, you may find it much more difficult to be allowed to visit Canada in the future on either a visitor visa or super visa. IRCC will often cancel a visitor visa or super visa that is still valid once H&C is refused. "

 

[hawk39]

Do you have any supporting link that talks about this- "If you apply for H&C and H&C is refused, you may find it much more difficult to be allowed to visit Canada in the future on either a visitor visa or super visa. IRCC will often cancel a visitor visa or super visa that is still valid once H&C is refused. "

I think it is not a written rule, but just an observation. H&C is meant to be a 'last ditch effort' to stay in Canada after all other attempts through ordinary channels have failed. If IRCC dismisses an applicant's H&C claim, they might assume that the applicant will attempt to purposely overstay in Canada when their current status expires because the applicant would not be able to legally enter or stay afterwards. Hence it will be more difficult for the applicant to convince IRCC that they won't overstay.

 

[scylla]

Thanks for the reply.

Do you have any supporting link that talks about this- "If you apply for H&C and H&C is refused, you may find it much more difficult to be allowed to visit Canada in the future on either a visitor visa or super visa. IRCC will often cancel a visitor visa or super visa that is still valid once H&C is refused. "

I do not have a link. I don't think a link for this exists on the IRCC web site. My comment is based on the many experiences I've read about on this forum.

Applying for H&C demonstrates a very strong intent to want to remain in Canada permanently. A visitor visa and super visa requires your intentions to be only to remain in Canada temporarily. So logically once an H&C application is refused, it's much more difficult to get a temporary visa approved in the future since the applicant has previously demonstrated a very strong desire to live in Canada permanently through the H&C application. In terms of valid visas being cancelled, we've seen this happen a number of times here on this forum to failed H&C applicants.

Ultimately this is part of the risk of applying under H&C that you need to consider. You have to be prepared for the possibility of H&C refusal and the strong possibility that a refusal will make future travel to Canada problematic or even impossible. Applying through H&C is therefore quite a serious decision. None of us can make this call for you. All we can do is make you aware of what's involved and the potential consequences. Good luck with your decision.

 

[Nch0608]

I do not have a link. I don't think a link for this exists on the IRCC web site. My comment is based on the many experiences I've read about on this forum.

Applying for H&C demonstrates a very strong intent to want to remain in Canada permanently. A visitor visa and super visa requires your intentions to be only to remain in Canada temporarily. So logically once an H&C application is refused, it's much more difficult to get a temporary visa approved in the future since the applicant has previously demonstrated a very strong desire to live in Canada permanently through the H&C application. In terms of valid visas being cancelled, we've seen this happen a number of times here on this forum to failed H&C applicants.

Ultimately this is part of the risk of applying under H&C that you need to consider. You have to be prepared for the possibility of H&C refusal and the strong possibility that a refusal will make future travel to Canada problematic or even impossible. Applying through H&C is therefore quite a serious decision. None of us can make this call for you. All we can do is make you aware of what's involved and the potential consequences. Good luck with your decision.

Thanks. Everything that you have mentioned is quite insightful. Appreciate your time and effort.

 

[Nch0608]

I think it is not a written rule, but just an observation. H&C is meant to be a 'last ditch effort' to stay in Canada after all other attempts through ordinary channels have failed. If IRCC dismisses an applicant's H&C claim, they might assume that the applicant will attempt to purposely overstay in Canada when their current status expires because the applicant would not be able to legally enter or stay afterwards. Hence it will be more difficult for the applicant to convince IRCC that they won't overstay.

Point noted. Thanks for elaborating on the matter.

 

[canuck78]

Would add that you are able to support your daughter on a supervisa and have been doing so so that will be one of the arguments as to why there isn’t true need for PR based on H&C.

 

[kri19631]

Dear Friends,
I have applied for PR on H&C ( best interest of the child) and got approval on Feb 2022. IRCC has reached out me and asked to submit documents and other details for processing. May I know how long does this take and what are the next steps?
Thank you

 

[scylla]

Dear Friends,
I have applied for PR on H&C ( best interest of the child) and got approval on Feb 2022. IRCC has reached out me and asked to submit documents and other details for processing. May I know how long does this take and what are the next steps?
Thank you

Join discussions in the Asylum / Refugee section of the forum. There is a large H&C thread there.

 

[Vicky76]

Dear Friends,
I have applied for PR on H&C ( best interest of the child) and got approval on Feb 2022. IRCC has reached out me and asked to submit documents and other details for processing. May I know how long does this take and what are the next steps?
Thank you

Hi , can I ask you what type document they ask?