I AM IN A TROUBLE

[Nermin Ayyad]

My name is Nermin from Gaza / Palestinian Authority. I am a mother of three Canadians. As for me and my fourth son, we are not. My husband passed away two months ago and he is our breadwinner.
Now I want to travel to Canada to give my children the opportunity to build a future for them in Canada and complete their university studies and work there.
What should I do?

 

[hawk39]

Have you previously had any legal immigration status with Canada before?

 

[Nermin Ayyad]

Have you previously had any legal immigration status with Canada before?

First of all,
Thank you for your reply .Yes. I was an approved refugee in 2004 and left Canada in 2007 and in the 2014 war on Gaza the Canadian government evacuated me with my Canadian children and gave me a temporary residence visa and my young son gave him Travel Document But my husband refused at that time to travel without him.

 

[scylla]

First of all,
Thank you for your reply .Yes. I was an approved refugee in 2004 and left Canada in 2007 and in the 2014 war on Gaza the Canadian government evacuated me with my Canadian children and gave me a temporary residence visa and my young son gave him Travel Document But my husband refused at that time to travel without him.

Do you know if you are a permanent resident? Did you ever receive a permanent resident card after you were approved as a refugee?

 

[Nermin Ayyad]

Do you know if you are a permanent resident? Did you ever receive a permanent resident card after you were approved as a refugee?

No . I did not receive a permanent resident card . And I am not a permanent resident in Canada . I left Canada in 2007 with my Canadian travel document . After that I couldn't return to proceed my application.
Reply

 

[scylla]

No . I did not receive a permanent resident card . And I am not a permanent resident in Canada . I left Canada in 2007 with my Canadian travel document . After that I couldn't return to proceed my application.
Reply

In that case your situation is unfortunately quite complex.

You and your non-Canadian citizen child need to apply for a TRV (tourist visa) in order to be able to travel to Canada. If the TRV is approved, this will allow you to visit as tourists but not move to Canada permanently. However if you can get the TRVs approved and then travel to Canada with your entire family, you can try applying for PR under the H&C (humanitarian and compassionate) program based on having three Canadian citizen children. Note that an H&C application is only possible from inside of Canada. You cannot apply from outside of Canada.

In order to get the TRVs approved, you will want to show strong ties to your home country such as employment and property ownership. You will also need to show that you have enough funds / savings to cover the costs of your family traveling to Canada and also accommodations. The fact you were previously approved for refugee status will likely make it more difficult to get a TRV approved. Make sure you declare this information in the TRV application. Be prepared for the possibility that the TRV may be refused. I do think there is unfortunately a high chance of this if IRCC is concerned you plan to use the TRV to try to move to Canada permanently.

Good luck.

 

[Nermin Ayyad]

Thank you so much for your time and your help. I will consider your notes.

 

[Nermin Ayyad]

In that case your situation is unfortunately quite complex.

You and your non-Canadian citizen child need to apply for a TRV (tourist visa) in order to be able to travel to Canada. If the TRV is approved, this will allow you to visit as tourists but not move to Canada permanently. However if you can get the TRVs approved and then travel to Canada with your entire family, you can try applying for PR under the H&C (humanitarian and compassionate) program based on having three Canadian citizen children. Note that an H&C application is only possible from inside of Canada. You cannot apply from outside of Canada.

In order to get the TRVs approved, you will want to show strong ties to your home country such as employment and property ownership. You will also need to show that you have enough funds / savings to cover the costs of your family traveling to Canada and also accommodations. The fact you were previously approved for refugee status will likely make it more difficult to get a TRV approved. Make sure you declare this information in the TRV application. Be prepared for the possibility that the TRV may be refused. I do think there is unfortunately a high chance of this if IRCC is concerned you plan to use the TRV to try to move to Canada permanently.

Good luck.

What if I attach a letter with the visa application explaining my situation? Will this negatively affect the acceptance of the visa application?

 

[scylla]

What if I attach a letter with the visa application explaining my situation? Will this negatively affect the acceptance of the visa application?

It's really hard to say. The decision about whether you will be approved or refused will be up to the visa officer.

However, yes, it's unfortunately quite possible this could negatively impact your TRV approval chances. If the officer believes you plan to use the TRV to move to Canada, that is often grounds for refusal. TRVs are supposed to be used to visit Canada temporarily only, not to move to Canada permanently.

 

[Nermin Ayyad]

It's really hard to say. The decision about whether you will be approved or refused will be up to the visa officer.

However, yes, it's unfortunately quite possible this could negatively impact your TRV approval chances. If the officer believes you plan to use the TRV to move to Canada, that is often grounds for refusal. TRVs are supposed to be used to visit Canada temporarily only, not to move to Canada permanently.

Thanks a lot for your concern
You are a nice person

 

[canuck78]

Your 3 children can still move to Canada if they are Canadians.

 

[Nermin Ayyad]

Your 3 children can still move to Canada if they are Canadians.

Thank you for your reply.
But they don't speak English or French.It will be difficult to manage their life. They already have lost their father soon. Will they be able to bear the loss of the rest of the family? How could their 7 years brother bear the loss of them ? I think it is hard to try .

 

[canuck78]

Thank you for your reply.
But they don't speak English or French.It will be difficult to manage their life. They already have lost their father soon. Will they be able to bear the loss of the rest of the family? How could their 7 years brother bear the loss of them ? I think it is hard to try .

They have the option. Whether they want to take it is up to them. If they don’t speak English or French returning to do post-secondary studies won’t be possible.

 

[Nermin Ayyad]

They have the option. Whether they want to take it is up to them. If they don’t speak English or French returning to do post-secondary studies won’t be possible.

Yes, you are right . They have the option to travel when they are ready...
I wish them a bright future with all my heart
Thank you for your opinion

 

[GandiBaat]

But they don't speak English or French.It will be difficult to manage their life. They already have lost their father soon. Will they be able to bear the loss of the rest of the family? How could their 7 years brother bear the loss of them ? I think it is hard to try .

How old are they? Is there any one of them over 18 years of age?

While people here can help you in general, I think you need more than that. You need an expert's opinion, someone who had dealt with complex and critical situation as yourself.

@scylla
Is anyone aware of pro-bono organizations and lawyers who can help her?

FYI, Nermin, H&C consideration (including Best Interests of Child, Canadian or not) are a MUST to be considered by authorities in all PR applications made within Canada (IRPA A25 : https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-25.html). It MAY be considered for outside applications.

It will really help if you apply for PR from within Canada.