Options after Inland PR Application on HnC Refused

[smed74]

Hi Expert Forum Members,

Recently, my mother's application (within Canada) for Canadian PR on Humanitarian and Compassionate grounds got refused, as I received the refusal letter.

Please advise what options do I have now since the letter did not mention anything related to appeal. My mother has extension to her visitor status till August this year. Thanks

Best Regards,

 

[Rob_TO]

Hi Expert Forum Members,

Recently, my mother's application (within Canada) for Canadian PR on Humanitarian and Compassionate grounds got refused, as I received the refusal letter.

Please advise what options do I have now since the letter did not mention anything related to appeal. My mother has extension to her visitor status till August this year. Thanks

Best Regards,

I believe you can file appeal within 15 days to the Federal Court of Canada. Although what is the basis of your appeal? What specific mistake or error did the visa officer make?

If you are just appealing because you don't like the final decision of your H&C not being accepted, then this will practically be guaranteed to end in refusal. The appeals judge will not help argue the reason H&C claim was denied, they will only look at specific errors in law the visa officer made.

If appeal is not successful then your only other option is to qualify for and submit lottery entry for a PR app under regular Parents/Grandparents stream.

Else she can stay here under TRV or supervisa. Although with a PR app denied, you may find CBSA will give you shorter visits per entry with a supervisa.

 

[Bcboundboy]

Your mother can't just 'apply for PR based on H&C'. She had a stream somehow - eg parental sponsorship, spousal sponsorship, refugee claim. Or maybe she was stripped of her PR for not meeting the residency obligation & she appealed and lost on H&C grounds. If you can explain more about her situation, someone might be able to help.

 

[Rob_TO]

Your mother can't just 'apply for PR based on H&C'.

Yes they can.

Anyone currently residing in Canada can submit a H&C claim for PR. Doing this for a single parent with no support in their home country, is actually sometimes successful.

 

[smed74]

Hello All,

Thank you for your response. I have tried to summarize the background related to my mother's status.

Me, my wife & kids re-entered Canada from U.A.E on July 2014 as Canadian Permanent Residents. I am still a Pakistani national and previously my mother had been with me and my family in Dubai, U.A.E for 7 years as I had successfully sponsored her UAE Residence Status. Problem started when I moved to Canada with my family, and my mother had to exit UAE since her status expired in UAE as I was no longer a resident over there.

My mother then stayed in Pakistan for few months with her brother and his family and then she stayed for few months in USA with another brother and his family (she has multiple US visit visa too till OCT-2018)

I am now listing down events related to mother’s status,
- Applied for Mother’s Supervisa in Oct-2014 ( I had no tax filings then). My mother went for medical exam too in Pakistan.
- Mother got multiple entry visit visa rather than Super Visa in Dec-2014, the visit visa is till OCT-2018
- My mother came to Canada as a visitor in Jan-2015, and her stay duration was till July-2015 i.e 6 months.
- She travelled to US for 3 weeks in May-2015 and re-entered Canada, which gave her visitor extension for another 6 months till Dec-2015
- She travelled to Pakistan in Dec-2015 and after a month landed in Toronto in Jan-2016. There we had some tough moments as the Immigration officer at Toronto airport did not immediately let my mother into Canada and told her that she had stayed in Canada more than in her home country (Pakistan). She was made to wait for another 45 minutes and some questions were asked. Then she was allowed 1 month stay in Canada.

After that I have been applying for her extensions and in the meantime applied for her Inland PR on HnC grounds in June-2016 through Immigration lawyer. We don’t have any house in Pakistan as we had sold it and invested in another project, but the construction due to law and order problems got stalled for years and still progressing very slowly due to some legal issues between Builder and Land Authority. Moreover we have no relatives in Pakistan as my mother’s brother moved to US. I am her only son and don’t have any brothers / sisters to look after her in Pakistan.

Thanks & Best Regards,

 

[Rob_TO]

Hello All,

Thank you for your response. I have tried to summarize the background related to my mother's status.

Me, my wife & kids re-entered Canada from U.A.E on July 2014 as Canadian Permanent Residents. I am still a Pakistani national and previously my mother had been with me and my family in Dubai, U.A.E for 7 years as I had successfully sponsored her UAE Residence Status. Problem started when I moved to Canada with my family, and my mother had to exit UAE since her status expired in UAE as I was no longer a resident over there.

My mother then stayed in Pakistan for few months with her brother and his family and then she stayed for few months in USA with another brother and his family (she has multiple US visit visa too till OCT-2018)

I am now listing down events related to mother’s status,
- Applied for Mother’s Supervisa in Oct-2014 ( I had no tax filings then). My mother went for medical exam too in Pakistan.
- Mother got multiple entry visit visa rather than Super Visa in Dec-2014, the visit visa is till OCT-2018
- My mother came to Canada as a visitor in Jan-2015, and her stay duration was till July-2015 i.e 6 months.
- She travelled to US for 3 weeks in May-2015 and re-entered Canada, which gave her visitor extension for another 6 months till Dec-2015
- She travelled to Pakistan in Dec-2015 and after a month landed in Toronto in Jan-2016. There we had some tough moments as the Immigration officer at Toronto airport did not immediately let my mother into Canada and told her that she had stayed in Canada more than in her home country (Pakistan). She was made to wait for another 45 minutes and some questions were asked. Then she was allowed 1 month stay in Canada.

After that I have been applying for her extensions and in the meantime applied for her Inland PR on HnC grounds in June-2016 through Immigration lawyer. We don’t have any house in Pakistan as we had sold it and invested in another project, but the construction due to law and order problems got stalled for years and still progressing very slowly due to some legal issues between Builder and Land Authority. Moreover we have no relatives in Pakistan as my mother’s brother moved to US. I am her only son and don’t have any brothers / sisters to look after her in Pakistan.

Thanks & Best Regards,

As I said, in order to appeal you need to show the visa officer processing the H&C case made some specific error or mistake in law. If you simply don't like the H&C outcome you got, there is little chance of success for an appeal.

You can also talk to a lawyer for another opinion. However you will most likely need to prepare for the outcome that she will need to leave Canada, and will be unable to return.

 

[gus99]

Hi smed74,

I'm interested to know what happenned in your case. If you are still checking the forums, can you please update us?

Thanks,
-Gus