H&C Considerations Application !! Widowed Mother

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Subject: H&C Considerations Application !! Widowed Mother
  HI

My father recently passed away in HongKong (HK).My mother is over 60 and does not have any other family members in HK, although she has some brothers and sisters in Taiwan. She will be visiting me in Nov, and I am hoping to file H&C Application.

1) She applied immigration about 10 years ago, and withdrew the application at the final stage due to personal reason (to take care of my grandmother)

2) I meet all the requirement to be a sponsor.

3) Would this be a valid case for H&C Considerations? She will not overstay her visa if the case got decline, but would she have any problem to enter Canada once she leaves? Is there any gotcha?

Thank you very much for you time and considerations.

Jeff




[28-09-2007,02:05]
[**.121.28.124]
jeff
(in reply to: H&C Considerations Application !! Widowed Mother)
Forget about H and C, it will be unsuccessful.
Try sponsoring her under the Family Class.
www.canadaimmigrationbpa.com

[28-09-2007,03:19]
[**.158.153.220]
Balwant
(in reply to: H&C Considerations Application !! Widowed Mother)
Mr. Persaud I respectfully disagree!

To win an H&C application one has to prove unusual and undeserved hardship not anticpated by the immigration act or its regulations and in most cases a hardship beyond the persons control. See IP5 section 6.7

Regulation 11 was never anticpated by the act or the regulations. The standing committee on CIC recommended that all permanent resident applicants should be allowed to submit an application for permanent residents at ANY visa post abroad.

IRPA section 3 (3) (d) states all decisions must comply with the charter of rights and privaleges including the provsion of equality. Check out her processing times compared to a 60 something mother from Mexico.

Reuvification of family was anticipated by the act section 3 (1) (d) and prompt processing IRPA 3 (10 (f) so if CIC does not comply with their own laws that definately is an unusual and undeserved hardship.

MORNING!

Roy
www.cvimmigration.com

[28-09-2007,07:59]
[**.52.218.131]
Roy
(in reply to: H&C Considerations Application !! Widowed Mother)
Roy,
You could quote from all the Regulations you need to, it may not help because H and C Applications are considered for extreme hardship cases and the success rate is very low according to CIC statistics.

As I said many times, it is those Gods and Godesses that we called Immigration Officers have the final say.
Many of these gods and godesses does not give a hang about Regulations or Compassionate cases.

An inconsiderate officer, and we have many working at CIC will tell Jeff to send his mother to Taiwan to spend time with her brother/sister until the sponsorship process is complete.

These Regulations have words that states the requirements for Visitors visas, Students Visas, Work Permits, Skilled Workers etc, etc. and they are many persons who meet all the requirements in these so-called Regulations yet they have their applications refused?
Know why? The Visa Officer has the FINAL say.

Jeff, you can still take the chance and sponsor your mother under H and C as Roy said, he is experienced in these matters. I wish you luck in your endeavours.
www.canadaimmigrationbpa.com


[28-09-2007,11:12]
[**.158.153.220]
Balwant
(in reply to: H&C Considerations Application !! Widowed Mother)
Why twice in one morning do I have to post here and disagree with you, Mr. Persaud?

The Manuals are clear if most representatives would read them the success statistics would be higher! If represetatives could understand what is and isn´t an H&C factor success statistics would be higher!

The IRB Immigration Refugee Board decides if the person is a refugee not an Immigration Officer. An Immigration Officer decides whether an applicant has good H&C factors and has nothing to do with rather or not the person is a refugee.

Too many representatives submit an H&C application and all they talk about is the persons failed refugee claim issues.

IP5 section 5.24 clearly states the onus is on the applicant to put forward any H&C factors the applicant feels exist in their case. That the officers do not have to prove H&C factors do not exist. Jeff has plenty of issues why his Mother should be allowed to remain. Did not the former Minister of Immigration say "Family reunification is the corner stone of the Immigration Act? I have a letter from a Minister of Immigration that clearly states regulation 11 was implimented to prevent counsels and applicants for hunting for the Visa Post with the best processing times and that now everyone has an equal opportunity. Yet processing times varies greatly from Visa post to Visa post.

COMPASSION IS COMMON SENSE!!!

JEFF WORRIES ABOUT HIS MOTHER.
JEFF´S MOTHER IS NOT BEING TREATED EQUALLY!

All one has to do is look at the processing times and compare China to Brazil. The difference is 300% slower if your parent is from China.

If the act IRPA is to be applied and construed in a manner that; ensures that decisions taken under this Act are consistent with the Canadian Charter of Rights and Freedoms including the principles of equality. IRPA 3 (3)(d)

If Jeff gets his mother in Canada she is covered by the Canadian Charter of Rights and Freedoms because it says everyone (IN CANADA).

Roy
www.cvimmigration.com

[28-09-2007,11:57]
[**.158.59.87]
Roy
(in reply to: H&C Considerations Application !! Widowed Mother)
Roy,
Relax and read what I said and stop writing nonsense in anger for just writing sake.
All good consultants and lawyers read the manuals.We are not talking about refugees but H and C.
You are straying from the point, read Jeff´s posting and stick to the point.
You have even quoted a Minister talking about " Family Reunification", how many members here know that that is bullshit.
Why is CIC taking 4 to 6 years to sponsor parents, why discontinue brothers and sisters sponsorship, and why many genuine marriage sponsorships are being denied?
Why can´t parents sponsor children above 22 years without conditions? Why do skilled workers have to travel without their children who are above 22 years? I can go on and on with dozens of examples about this so called " Family Reunification". This is a statement politicians used to get votes.
The U.S has a better system of family reunification, only that in some cases it takes longer than Canada.

How can you say that Jeff´s mother is not being treated equally and she is not even in Canada as yet?

Roy, I have no problem if you disagree with me, but stop writing rubbish in haste and be more constructive as you were always doing.
www.canadaimmigrationbpa.com

[28-09-2007,14:39]
[**.158.153.220]
Balwant
(in reply to: H&C Considerations Application !! Widowed Mother)
Bally when your wrong your wrong.

I am not angry just right!

When a representative takes a client and their hard earn money regarding an H&C application they need to substaniate their facts. I can easily and if you want to pay me for clasess I´ll gladly teach you how to win an H&C application.

Go to sponsor your parents at www.sponsoryourparents.ca and read this The current CIC policy violates the following sections of Immigration and Refugee Protection Act:

* to see that families are reunited in Canada - Section 3 (1.d).
* successful integration and mutual obligations - Section 3 (1.e).
* consistent standards and prompt processing - Section 3 (1.f).
* accountability and transparency - Section 3 (3.b).
* Canadian Charter of Rights and Freedoms, including principles of equality and freedom from discrimination - Section 3 (3.d).

Roy
www.cvimmigration.com

[28-09-2007,14:52]
[**.158.59.87]
Roy
(in reply to: H&C Considerations Application !! Widowed Mother)
thanks Roy and Balwant,

That´s definitely one compassionate discussion. I appreciate all the feedback.

Is there any risk of applying H&C and what if it fail??

Would my mom have problem to enter the country again or being sponsor in the future??

thanks.
Jeff.


[29-09-2007,00:56]
[**.121.28.124]
jeff
(in reply to: H&C Considerations Application !! Widowed Mother)
entering again - I would say yes, sponsoring - no.

as you can see, there is a variety of opinions out there, even amongst the experts.


[29-09-2007,01:51]
[***.121.220.199]
sharon
(in reply to: H&C Considerations Application !! Widowed Mother)
Hi Sharon,

do you mean she might have problem to enter Canada again, even she does not overstay her 6 months in case the H&C fail? She came to Canada years and stayed for a few months in the past 6-7 years and she had never stayed over 6 months.

She is holding HKSAR passport, which normally allows 6-months visa-free access into canada, would this be any different. http://en.wikipedia.org/wiki/Hong_Kong_Special_Administrative_Region_passport

I am trying to assess all the potential risk before making a decision.

Thanks for everyone again.

Jeff.

[29-09-2007,02:00]
[**.121.28.124]
jeff
(in reply to: H&C Considerations Application !! Widowed Mother)
Jeff,
Just get a third, fourth and more opinions from Immigration experts before you make a decision.
I would be grateful if you could post the other opinions here so we can all benefit from it.
www.canadaimmigrationbpa.com

[29-09-2007,03:19]
[**.158.153.220]
Balwant