Visit Visa for Mother - I'm a PR Holder

[haideriqbal]

Hello All would love to have guidance on my case mentioned below.

Background:
I recently got PR in Dec'17 and will be doing a soft landing Insha Allah in June 2018. I am an only child and my father passed away before I was born, currently my immediate family members are my mother, my wife & my daughter (infant). I have PR for all but my mother as she could not be part of my application.

I wish to apply for my mother a visit visa for Canada so that she may come and visit as she pleases. My ultimate goal is to settle down in Canada by the end of the year and apply for a Visa for her on Humanitarian and Compassionate basis as she is nearly 65 Years old, is a widow and I am her only child. She does have brothers & sisters in Pakistan. From what I have heard this is a strong case for a H & C visa. Currently my mother is working as a Government employee in Pakistan and will retire next year in March'19. She owns property in Pakistan and has decent capital available to show.

Q1) Would like to know if the H&C is the most efficient/ fastest way to go about getting my mother permanently in Canada or you would recommend some other route?

Secondly, for the above to happen I want to apply for a Visit Visa for my mother. I went through the application online and found that they require an invitation letter if you are planning to visit relatives. I also read that the strength of the application is based on the capital the person inviting has in Canada and their current circumstances i.e. Job etc.

Q2) Since I will not have a job in Canada at the time of application of the Visit Visa would it be wise to use an invitation letter from my paternal uncle who is a citizen of the country but is a non resident currently. However he has provided others with invitation letters previously and their visas have never been rejected. I believe he has capital in the country and owns a house as well. I do have other family there as well who are residents but may not have as much capital and the relation would not be as direct.

Thanks in advance!

 

[Buletruck]

H&C is not a program for the expeditious processing of parents PR status. It is for those with exceptional circumstances that don’t qualify under any other program. As there is already a program in place (PGP), your chances of having a successful H&C claim for your mother are probably pretty close to zero. IRCC accepts very few H&C applications to begin with and even fewer are successful (1858 approved in 2017) with estimates that successful claims are less than 10% of those who applied. As your mother is working and has family members in Pakistan, seems to be in good health and your settlement in Canada is recent, the determining factors for you application are weak and it will likely be determine it is a means to circumvent the PGP program. And the process to determine this can take years.

For a TRV, it is the applicants finances, ties to home country, travel history, etc that determines the approval. Invitation letters from family are secondary and carry only minimal weight, as IRCC has no means to enforce the invitors commitments. Your uncle, being non resident, really doesn’t add to a favourable determination. Her ties (you and other family in Canada actually make it harder to get a TRV) to Canada. Her means to afford the trip, travel to other visa required countries and reasons for her return are all primary means for the determination of a TRV. Beyond that, CBSA is the authority that determines how long (or if) a foreign national is allowed in the country. If they feel someone is not a “visitor”, they can rightly limit or refuse entry into Canada.

 

[haideriqbal]

Thank you for the detailed response.

With reference to the Visit Visa, how can I improve the chances of her getting one? From what you just said it seems there is pretty much no way she can ever step foot in the country.

 

[haideriqbal]

Additionally, do you not feel separating a widowed lady who is quite old from her only son counts as exceptional circumstances? I honestly thought, and heard, that this is what they consider in H&C applications.

 

[Buletruck]

Trv’s aren’t impossible to get, but the mistake is assuming that the invitation from a Canadian resident carries significant weight. It doesn’t and applicants often will limit their personal documents and information assuming the invitation is the most important document.

IRCC considers every reason in an H&C application, but it the weight of those reasons that make for a successful application. And you need to consider the reasons for an H&C claim should be exceptional...as in, no other means. Many, many immigrants in Canada have single, older parents in their home countries, so your case wouldn’t be exceptional and there is the Supervisa and PGP program available to both you and her.

 

[haideriqbal]

Can't thank you enough for the useful insight it is extremely helpful.

Just a random thought, would the fact that my mothers US Immigration is right around the corner (2 years) have any impact on this?

 

[Buletruck]

Is she immigrating to the US or previously applied? If she has a US visa (and has used it), it adds to her chances of a successful TRV application.

 

[canuck78]

Just wanted to add some extra thoughts about your potential H&C request. You moved knowing your mother was a widow. It would be different if she had been widowed when you had already moved so you knew she would be alone when you left and even potentially when you applied for PR. One of the big considerations is whether she can care for herself. She is probably relatively young, works and can take care of herself. H&C is used in situations where the individual can't care for themselves and have no other family members near them. Seems like she also has close family nearby. As she will be applying after she retires it is pretty clear that this was a planned method to try to immigrate. Others are in the exact same situation and that is why there is a PGP program. You can always apply for a supervisa when you have a job.

 

[PMM]

Hi

Additionally, do you not feel separating a widowed lady who is quite old from her only son counts as exceptional circumstances? I honestly thought, and heard, that this is what they consider in H&C applications.

1, The OP made the decision to Emigrate knowing he would be separated from his mother.
2. The following is a recent Federal Court decision where the widowed mother was 74 https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/308281/index.do?r=AAAAAQAMSHVtYW5pdGFyaWFuAQ

 

[haideriqbal]

Thanks for the guidance everyone. I understand now that the best way is to go with the Super Visa and later the PGP.