Sponsoring family class Requirement R117(1)(h) not met

[amirde]

My uncle, grandmother and a total of 5+ family members are based in Canada. My Grandfather and Grandmother all immigrated to Canada some 27 years ago as refugees. They settled there and uncles got married as a result family is well established. At that time, their one and only one daughter (my mother) was left behind as a result due to the fact she was married.

My grandfather passed away some 10 years ago also my father is no more, and since my mother is a widow, and all her kids have grown up and are in germany except one who is with her for few months, he is expected to travel to germany soon due to his studies (and sadly under german law parents can not be sponsored, hence she can't join her kids). My mother is a workign women and she has a small home-based business, however she does not meet skilled worker and other eligiblities.

She will be all alone in her home country, pakistan and my uncle already submitted her sponsorship application under family class, he has enough income and is eligible for sponsorship. We recently received a reply from visa officer mentioning that she does not meet requirement R117(1)(h) as his brother is not alone and that has other family members.

However, we would like to appeal to visa officer to accept her on humanitarian and compassionate grounds as she can not stay in pakistan, women are not safe there unless they have a strong male family member to defend them, and that my mother have been constantly living in fear as a result of the hardship and the psychological impact she will have to experience will be severe If I have to stay back here. She literally will have no one by her side, no social and family ties left in her home country, its also increasingly difficult for women to pursue their business alone. Also my grandmother is aged, that my mother's presence is required to be with her at this age and that she will be a support for her family over there and that she will also work and contribute to canadian economy.

Is this enough reason to convince the visa officer? What additional points can we highlight? And what are chances of acceptance.

Its sad that even after you have whole family in canada still you struggle to get in

 

[SJJ17]

Any updates regarding your application? I’m currently going through the same scenario with my application. I tried attaching a letter of explanation in my response to my PFL but I haven’t received a response yet after 2 months. Your response would be very much appreciated.

 

[scylla]

Any updates regarding your application? I’m currently going through the same scenario with my application. I tried attaching a letter of explanation in my response to my PFL but I haven’t received a response yet after 2 months. Your response would be very much appreciated.

I would recommend you provide more details about your case.

If you submitted an application under the other relative category but the sponsor doesn't meet the lonely Canadian rule, then you should be expecting a refusal for not meeting the program requirements. Submitting an explanation won't address the issue.

 

[SJJ17]

I would recommend you provide more details about your case.

If you submitted an application under the other relative category but the sponsor doesn't meet the lonely Canadian rule, then you should be expecting a refusal for not meeting the program requirements. Submitting an explanation won't address the issue.

Thank you for responding! So here’s the details of my case:
I have 2 aunts who are citizens of Canada, they are both single with no children and no other family member in Canada. They have 1 living parent who is my grandmother, she is currently 84 years old. My grandmother is not fit to travel anymore and needs to be taken care of since she just survived cancer a few years back. So one of my aunts goes back to our country yearly to take care of my grandma. My other aunt who is sponsoring me in my application, is being left alone yearly in Canada. They have no next of kin and one of them needs to constantly go back to our country. We have provided evidences for our claims and also attached a letter asking for h&c regarding our case. My aunts are not getting any younger and need someone to care for them.

 

[scylla]

Thank you for responding! So here’s the details of my case:
I have 2 aunts who are citizens of Canada, they are both single with no children and no other family member in Canada. They have 1 living parent who is my grandmother, she is currently 84 years old. My grandmother is not fit to travel anymore and needs to be taken care of since she just survived cancer a few years back. So one of my aunts goes back to our country yearly to take care of my grandma. My other aunt who is sponsoring me in my application, is being left alone yearly in Canada. They have no next of kin and one of them needs to constantly go back to our country. We have provided evidences for our claims and also attached a letter asking for h&c regarding our case. My aunts are not getting any younger and need someone to care for them.

Are you working with an immigration lawyer?

It's clear from the information you have provided that your application does not meet the requirements of the "other relative" sponsorship class. You should assume the application is going to be refused, regardless what you have included in the PFL response.

If you want to try to challenge this decision through the courts once you receive the refusal, you will need to appeal You'll want to hire an immigration lawyer to assist you to request H&C consideration.

Note that the H&C consideration should be focused on why you need to be in Canada and why H&C considerations apply to your situation. The fact your grandmother is elderly isn't part of this argument since you are presumably living in the same country as she is and can take care of her. Your H&C argument needs to focus on why you need to be in Canada to help care for your aunts. It sounds like they are likely in their sixties (or maybe fifties) and at least one of them is still very capable of traveling. So I would say it may be quite challenging to prove H&C which is why you want to be working with an immigration lawyer.

I assume you have already looked into apply for PR on your own through an economic immigration program like Express Entry? This is a much more realistic option for you.

Good luck.