PR under H&C grounds

[Antolina]

Hello all,
I would need some guidance.
My mother is in Canada under the visitor's Visa. She is 73yrs old, widowed, and I am the only child who resides in Canada (i'm citizen). Her only relative in her home country is a sister who is older than her and has Alzheimer. Besides all, she has some difficulty walking due to a degenarative problem in both of her knees. She lives here with me because I am the only family member who can give her some company. She would face harship if she would be by herself in her home country because of her problem in the legs, her poor family ties and also because she is depressive.
If she applies for the PR under Humanitarian and Compassionate grounds, what are the chanches to be approved?
Thank you in advance!

 

[Bornlucky]

Hello all,
I would need some guidance.
My mother is in Canada under the visitor's Visa. She is 73yrs old, widowed, and I am the only child who resides in Canada (i'm citizen). Her only relative in her home country is a sister who is older than her and has Alzheimer. Besides all, she has some difficulty walking due to a degenarative problem in both of her knees. She lives here with me because I am the only family member who can give her some company. She would face harship if she would be by herself in her home country because of her problem in the legs, her poor family ties and also because she is depressive.
If she applies for the PR under Humanitarian and Compassionate grounds, what are the chanches to be approved?
Thank you in advance!

Hi, I want to mention that this site doesn't substitute for the advice of a professional, but I will give you a brief assessment even though you don't offer much to go on and the things of interest could be:

What's the medical situation in your country - why no mention of this on the application to visit (assuming she got a Visa); what sort of care are you able to provide, what health insurance has she currently, why is she willing to abandon her sister? What property does she have abroad, what sort of a pension, savings and resources. Can she converse in one of the official languages - can she function when you're otherwise busy?

Are you describing a person who may be medically inadmissible to Canada - you may want to take her to a doctor for her many ills and let's assume that she was receiving some sort of treatment for any of the medical issues mentioned so what prescriptions does she take, for example.

It is up to you to convince the decision-maker that she cannot apply from abroad while the process to landed immigrant status is completed. Why should you and your mother be treated exceptionally, unlike everyone else waiting for their mother? Briefly, that's the question.

From what you've provided (I know that it was just a wish for an idea of success) you haven't got much here yet. You can read about Federal Court Decisions on H&C cases refused and overturned on-line, or hire a lawyer who already knows (roughly) what works and what doesn't with this broad of a level of discretionary authority.

Good luck

 

[Bs65]

I would tend to agree with the above post given the theme running through your post seems to be focussing on your mothers health so maybe that should be your first task to get her medically assessed to see if she would stay under the long term medical needs threshold.

Assume you have read the H&C page and as previous post if it were so easy for aged parents to apply for H&C then everyone would be applying through that route . Hard as it may seem it is an unfortunate consequence of immigration that parents and other family members get left behind, thousands of families are in the same position.

By all means you can try but odds are not good for H&C applications , maybe consult a professional for advice.

Good luck

https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/humanitarian-compassionate-grounds.html

 

[Antolina]

Thank you both for your replies.
Although my mother doesnt have a life threatening or dangerous disease, the fact that she would be by herself in a violent country in South America, without any relatives to assist her in case of need, and with her difficulty walking, makes her really vulnerable at her age.
I thought that H&C application would be a good option for this case, but maybe the best to do is sponsor her.

 

[zardoz]

Thank you both for your replies.
Although my mother doesnt have a life threatening or dangerous disease, the fact that she would be by herself in a violent country in South America, without any relatives to assist her in case of need, and with her difficulty walking, makes her really vulnerable at her age.
I thought that H&C application would be a good option for this case, but maybe the best to do is sponsor her.

Why not do both, assuming that eligibility requirements are met for parent sponsorship? These are different immigration categories and so should not be mutually exclusive.

 

[Bornlucky]

I would tend to agree with the above post given the theme running through your post seems to be focussing on your mothers health so maybe that should be your first task to get her medically assessed to see if she would stay under the long term medical needs threshold.

Assume you have read the H&C page and as previous post if it were so easy for aged parents to apply for H&C then everyone would be applying through that route . Hard as it may seem it is an unfortunate consequence of immigration that parents and other family members get left behind, thousands of families are in the same position.

By all means you can try but odds are not good for H&C applications , maybe consult a professional for advice.

Good luck

https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/humanitarian-compassionate-grounds.html

I think that it is important to recall that there is an alternative for people who need to be with their family and that is to remain with them in their home country. If your argument is that you must care for a parent or be close to them, you can always move home unless you're a Convention refugee.

Thank you both for your replies.
Although my mother doesnt have a life threatening or dangerous disease, the fact that she would be by herself in a violent country in South America, without any relatives to assist her in case of need, and with her difficulty walking, makes her really vulnerable at her age.
I thought that H&C application would be a good option for this case, but maybe the best to do is sponsor her.

H&C may be a viable route and a competent, reputable immigration lawyer may be worth your while and end up saving you money and worries. It is a complex policy to navigate.