H&C Application Widow Mother Refused Is There Any Recourse

[Satwinder]

I applied for permanent residence under H&C class in 2018 for my widow mother which got refused today. I explained all the situation to officer that I and my sister are the only children of our parents. My father died when I was only 2 years old and my sister was 4 years old. Now my sister is married and has two daughters and resides in India with her in-laws family. Now my mother is 65 years old. She has 3 brothers back home who are in their 90s and can not provide any support to their sister if she stays in India. I am married and have 3 sons and 1 daughter. My mother is in Canada on a super visa since 2018 and her entry is valid till end of November 2020. The PGP sponsorship did not open this year. I never got a chance in the previous years even if I am maintaining my required MNI. What recourse I have to keep my mother in Canada permanently?

[Rajpal (Admin)]

As you are aware that PGP for 2020 is not open yet but if opens you can try your luck in that draw. It may be possible that if PGP does not open in 2020, may be IRCC will double the applications in 2021. Remember to keep your mother’s status legal in Canada. Your mother might have shown the required insurance at port of entry that is why she has two years valid entry in Canada. Extend your mother’s status in Canada on time or send her back and she may re-enter if her passport and super visa will be valid. Moreover, it depends upon the Covid-19 situation in the future and continuation of flights etc.

Further, you can request for re-consideration for H&C decision or you can go for judicial review in Federal Court but it depends upon the evidence and submissions whether the officer will change his/her decision or the Federal Court will grant you leave etc. You can email us the submissions along with application and the decision. We will provide you our opinion asap.

Furthermore, you can submit H&C application in the future as well with more solid evidence and persuasive submissions. You have maintained your income; therefore, you can be eligible for PGP as well.