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Vistor visa to PR

Adil Khan123

Hero Member
Jul 20, 2015
200
12
Abu Dhabi
Category........
NOC Code......
2131
Job Offer........
Pre-Assessed..
App. Filed.......
09-07-2015
My mother has 10 years visitor visa (not super visa). All.my family has canadian passport. I have heard that i can apply her PR on basis of BIOC (best interest of children). i.e I want her here to look after my kids while me and my wife will be working. This seems confusing but if anyone can put some light on it??? Appreciate it.
 

scylla

VIP Member
Jun 8, 2010
92,942
20,544
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My mother has 10 years visitor visa (not super visa). All.my family has canadian passport. I have heard that i can apply her PR on basis of BIOC (best interest of children). i.e I want her here to look after my kids while me and my wife will be working. This seems confusing but if anyone can put some light on it??? Appreciate it.
She can try applying for PR through the H&C stream. She needs to be physically in Canada to apply and will need to remain in Canada without leaving while the application is processed (2-3 years).

BIOC will not be enough to be approved. Also, saying that you want her to take care of your kids while you work is actually not a strong argument under BIOC. There must be much stronger circumstances for H&C to be approved. Specifically, for the application to be successful, you would want to make sure that you have no siblings (that you are an only child) or if you have siblings, that none of them are living in her home country. I am assuming her husband is deceased. If not, that may also play a role in her ability to be approved. You will also want to demonstrate why she is unable to return to her home country to live there and needs to remain here with you. There are many different factors that will influence her chance of success of getting PR under H&C.

Note that you want to carefully consider if an H&C application is the right choice before moving forward and if she has strong enough evidence to be approved. If the H&C application ends up being refused, this may complicate her future entries into Canada.

You can read more about the H&C application process in the link below. Read through the guide in detail. You may want to get the assistance of a lawyer to make sure she has a case under H&C (again, BIOC alone will not be enough): https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
My mother has 10 years visitor visa (not super visa). All.my family has canadian passport. I have heard that i can apply her PR on basis of BIOC (best interest of children). i.e I want her here to look after my kids while me and my wife will be working. This seems confusing but if anyone can put some light on it??? Appreciate it.
If you want your mother to care for your children your best and easiest option would be to apply for a supervisa. I would not specify that she plans on caring for your children while you work because that would be work g illegally. Do you meet LICO? How old is she? As already specified she would need proof that she couldn’t return home like being unable to care for herself which doesn’t seem to be the case. Applying for H&C is not meant as a way to replace PGP which is the primary way to sponsor a parent.

I have attached an example where a family attempted to have the parent remain in Canada using H&C and was unsuccessful. The length of stay on a supervisa has been increased since this case to allow parents to visit for longer periods to account for situation exactly like yours. You will need to justify what makes your case an H&C case. There are many family who are trying to sponsor a parent via PGP, unwilling to wait until EOI opens again, haven’t been selected multiple times, etc. Parent sponsorship is not guaranteed and especially not guaranteed within a certain time frame. Unfortunately there are rumours in some communities that specifying that it is in the best interest of children(ie. grandchildren) will lead to automatic approval of H&C for parents or grandparents which is incorrect.
https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/421303/index.do