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Humanitarian Program

Talk about immigration laws here

Humanitarian Program

Postby dennie18 » Sun Dec 18, 2016 6:11 am

Hi Tim,

Can i still be able to sponsor my mother under some kind of humanitarian program even i can't financially met there annual income standard on the application?(little of details - 76 years old, has nobody to look after her) Thank you beforehand,

Arthur

ANSWER: Dear Arthur,

If your mother has only you to look after her and you can prove it, then yes you can make an application on humanitarian grounds.

Be careful to put the application together carefully.

Section 25.(1) of the Immigration and Refugee Protection Act allows foreign nationals to be granted permanent residency in Canada if humanitarian and compassionate considerations justify such a decision. This is considered an exceptional procedure.

An application for permanent residence on humanitarian and compassionate grounds must be fully supported by appropriate documentation. Nothing can be taken for granted. Statements such as 'my mother has no one to look after her and will face a difficult future in her country' must be supported by reports demonstrating that such statements are true. Many applications on humanitarian grounds are refused because the application lacks relevant supporting documents.

Here are some links that you may find useful:

**IMMIGRATION CANADA**

IMMIGRATION CANADA - HUMANITARIAN APPLICATION PROCEDUREShttp://www.cic.gc.ca/english/information/applications/handc.asp

IMMIGRATION CANADA - HUMANITARIAN CASES PROCESSING MANUALhttp://www.cic.gc.ca/english/resources/manuals/ip/ip05-eng.pdf

This is the immigration officer's manual to processing humanitarian cases.

**JURISPRUDENCE**

It is always useful to learn from the experience of others. The following link will give you a list of cases that were refused by visa officers and subsequently appealed to the Federal Court of Canada. In some cases, the applicants won the appeal, in others they lost.

FEDERAL COURT OF CANADA - DECISIONShttp://decisions.fct-cf.gc.ca/en/index.html

Learn from the mistakes of others: Use the search tool with key words such as immigration, humanitarian, interest of the child, etc. to find decisions related to humanitarian applications.

I have to add the caveat that this response is for information purposes only. It does not create a client-consultant relationship.

For professional immigration advice or expert assistance please contact me or any qualified immigration consultant or lawyer directly.

If this response has been helpful, please let others know by completing the AllExperts.com rating form.

Best wishes,

Tim Morson, CCIC*

-----------------------------------

MORSON & ASSOCIATES

353 Saint-Nicolas

Suite 307

Montreal, Quebec

H2Y 2P1 CANADA

T: 514-845-5454

F: 514-845-8174

canada@morson.ca

www.morson.ca

-----------------------------------

*Certified Canadian Immigration Consultant(CCIC)

Canadian Society of Immigration Consultants(CSIC)

CSIC Member No M041310

---------- FOLLOW-UP ----------

-Do I have to make the application in the country she lives right now(immigrated there 13 years ago with my father) or I can do it here, in Canada

- She has another son in the country of origin with no job or any kind of goverment assistance. Do I have to mention this?
dennie18
 
Posts: 37
Joined: Thu Mar 31, 2011 11:58 am

Humanitarian Program

Postby gilibeirt » Sun Dec 18, 2016 10:02 pm

Hi Tim,

Can i still be able to sponsor my mother under some kind of humanitarian program even i can't financially met there annual income standard on the application?(little of details - 76 years old, has nobody to look after her) Thank you beforehand,

Arthur

ANSWER: Dear Arthur,

If your mother has only you to look after her and you can prove it, then yes you can make an application on humanitarian grounds.

Be careful to put the application together carefully.

Section 25.(1) of the Immigration and Refugee Protection Act allows foreign nationals to be granted permanent residency in Canada if humanitarian and compassionate considerations justify such a decision. This is considered an exceptional procedure.

An application for permanent residence on humanitarian and compassionate grounds must be fully supported by appropriate documentation. Nothing can be taken for granted. Statements such as 'my mother has no one to look after her and will face a difficult future in her country' must be supported by reports demonstrating that such statements are true. Many applications on humanitarian grounds are refused because the application lacks relevant supporting documents.

Here are some links that you may find useful:

**IMMIGRATION CANADA**

IMMIGRATION CANADA - HUMANITARIAN APPLICATION PROCEDUREShttp://www.cic.gc.ca/english/information/applications/handc.asp

IMMIGRATION CANADA - HUMANITARIAN CASES PROCESSING MANUALhttp://www.cic.gc.ca/english/resources/manuals/ip/ip05-eng.pdf

This is the immigration officer's manual to processing humanitarian cases.

**JURISPRUDENCE**

It is always useful to learn from the experience of others. The following link will give you a list of cases that were refused by visa officers and subsequently appealed to the Federal Court of Canada. In some cases, the applicants won the appeal, in others they lost.

FEDERAL COURT OF CANADA - DECISIONShttp://decisions.fct-cf.gc.ca/en/index.html

Learn from the mistakes of others: Use the search tool with key words such as immigration, humanitarian, interest of the child, etc. to find decisions related to humanitarian applications.

I have to add the caveat that this response is for information purposes only. It does not create a client-consultant relationship.

For professional immigration advice or expert assistance please contact me or any qualified immigration consultant or lawyer directly.

If this response has been helpful, please let others know by completing the AllExperts.com rating form.

Best wishes,

Tim Morson, CCIC*

-----------------------------------

MORSON & ASSOCIATES

353 Saint-Nicolas

Suite 307

Montreal, Quebec

H2Y 2P1 CANADA

T: 514-845-5454

F: 514-845-8174

canada@morson.ca

www.morson.ca

-----------------------------------

*Certified Canadian Immigration Consultant(CCIC)

Canadian Society of Immigration Consultants(CSIC)

CSIC Member No M041310

---------- FOLLOW-UP ----------

-Do I have to make the application in the country she lives right now(immigrated there 13 years ago with my father) or I can do it here, in Canada

- She has another son in the country of origin with no job or any kind of goverment assistance. Do I have to mention this?
gilibeirt
 
Posts: 50
Joined: Wed May 22, 2013 6:09 pm

Humanitarian Program

Postby Brone » Tue Dec 20, 2016 5:01 pm

If your mother is not in Canada, then the sponsorship application will have to be made first via the Case Processing Centre in Mississauga and normally the application for permanent residence would be initiated a few years later. Once you have done the sponsorship, there is nothing to prevent you from filing the application for permanent residence directly with the visa office in her country of residence. Make sure it is clearly indicated that the application is being made on humanitarian grounds.

The visa officer will want to know everything about her family situation, including the whereabouts and situation of all of her children. So yes, you must mention your brother's situation.

Tim Morson
Brone
 
Posts: 47
Joined: Thu Apr 03, 2014 10:46 pm


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