Canada Immigration Policy Involving Parents and Children: A Closer Look At Humanitarian And Compassionate Reasons

If you’re planning to immigrate to Canada, you’ll be happy to know that it’s possible to bring your family with you – your spouse and your children. And if you’re already a permanent resident, you can also petition your family – including your parents – so that they can come and live with you. Only, the process may take time. And, there are also certain regulations that you need to observe, certain requirements that you have to accomplish. At some instances, the process can be a little bit complicated. But, with the right guidance, you should have no problem.

Below are some answers and clarifications to some common questions and cases involving the petitioning of children and parents, as well as a closer look at humanitarian and compassionate grounds when it comes to immigration:

Case 1: Undeclared child

Q. I am already a Canadian citizen, and I wish to sponsor my only son so that he can come with me. The problem is, I did not declare him in my application. I was told that I will have a problem sponsoring my child because of this. What should I do?

A. First and foremost, what you did was misrepresentation (a term that refers to cases such as the failure to declare your children in your application or the failure to declare that you are married – some married individuals apply as single thinking that their married status could hinder the approval of their application). The law could get back to you because of what you did. And, because of your failure to declare your son, he could not be considered as your family and you may face challenges sponsoring him. The only chance that you have to be able to sponsor your son is to prove that your failure to declare him during your application was due to what is called as “humanitarian reason”. There are some cases when an undeclared child is approved for sponsoring if the parent can prove that there was valid reason behind the failure to declare the child.

Case 2: Failure to Travel after Approval of Application

Q. My family was approved for immigration to Canada, and all of us already had our visa. However, our son was not able to come with us because he had some illness during the time of our move. Years had already passed, and his visa has now expired. We want our son to come and live with us. Could we apply for humanitarian reason? We’re not sure what the best move is.

A. Humanitarian or compassionate reason does not apply here because your son was never an immigrant, given the fact that he was never able to come to Canada. The best thing to do in a case like this would be to sponsor your son again. Or, other than sponsorship, he could also apply for independent immigration.

Case 3: Sponsorship Refusal Because of Job Status

Q. When I sponsored my parents years ago, I had a good job and I was earning well. But, even before my sponsorship application was approved, I lost my job. Last week, I received a letter refusing my application. What can I do?

A. You can make an appeal for humanitarian and compassionate reasons. If you can handle the appeal process, then you can do the appeal yourself. Otherwise, you can hire a lawyer to do the job for you. Just remember: make the appeal in 30 days after you receive the refusal letter.

Case 4: Sponsorship Problems Due to Medical Condition

Q. I submitted an application to sponsor my parents. A few days ago, I received a letter from the embassy telling me that they find out my father has a medical condition that might demand too much medical service. What does this mean and what can I do?

A. For every Canadian residence, there is an average Canadian per capita health and social services cost. The letter means that your father has a condition that may demand more than the specified amount. What you have to do is to show proof that whatever the excess amount, you will be able to shoulder – that you have the ability to pay for the said amount. This will give you a better chance of being approved. And should your application be refused, another option would be to appeal for humanitarian reasons.

Disclaimer: The immigration article posted above does not substitute as a legal advice on immigration issues. If you need to consult a qualified professional about your case, you can visit a qualified immigration professional in your city or country. Use due diligence in doing so.

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