Humanitarian & Compassionate Application OutsideCanada Tips

[Onkar]

My mother is 89 years old and she is a widow living in Nepal. Her husband (my father) passed away 10 years ago and ever since my mother has been surviving off the little bank savings she had. Shortly after the death of my father, I sponsored my mother on a permanent basis to Canada under the PGP class but her case was refused because she was found to be medically inadmissible to Canada. This is because my mother suffers from a rare heart disease which is costly to treat. After that I tried several times to invite my mother on a visitor visa but every time she was denied. The officer believed that my mother would not go back home to Nepal after coming to Canada. My mother has no family member or relative that could take care of her back home. I am really worried about my mother’s overall wellbeing. Yesterday I was searching online and I saw that there is a category called Humanitarian and Compassionate under someone who is inadmissible can come to Canada. Do you think I can sponsor my mother under H&C while she is in Nepal? If so, then what applications & documents do I need to submit?

[Rajpal (Admin)]

Pursuant to IRPA section 25(1), Foreign nationals who are inadmissible, or who do not meet the requirements of IRPA/IRPR, may make a written request for consideration. A foreign national residing OUTSIDE Canada is not eligible to be considered under H&C if any of the following apply:

• they do not meet the requirements of Ministerial Instructions relevant to the category in which they make their application
• they are inadmissible A34, A35 or A37 (application received after June 19, 2013)
• they are subject to a bar under A25(1.2)

Applications for H&C submitted outside Canada must be accompanied by an application for permanent resident status in one of the following three classes: family, economic, or refugee).

In your mother’s case, you can file a H&C application for her while she is in Nepal but you will have to submit all the required documents for a permanent resident application.

For further information regarding H&C applications made outside Canada, click on the following link:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/outside-canada.html