Disabled Sister-Sponsorship-H&C

[canada-visa-questions]

@jeenu123 Hey, I'm sorry hear what you've been going through. Here is a linkedIn post I came across by an immigration lawyer: https://www.linkedin.com/posts/jatin-shory-03214363_immigration-appeal-parent-sponsorship-activity-7089952506117554176-H5KR?utm_source=share&utm_medium=member_desktop

I hope it's helpful. And you're able to see through this and reunite with your loved ones

 

[Naturgrl]

@jeenu123 Hey, I'm sorry hear what you've been going through. Here is a linkedIn post I came across by an immigration lawyer: https://www.linkedin.com/posts/jatin-shory-03214363_immigration-appeal-parent-sponsorship-activity-7089952506117554176-H5KR?utm_source=share&utm_medium=member_desktop

I hope it's helpful. And you're able to see through this and reunite with your loved ones

Did you even read the posts? The link you provided has nothing to do with the OP’s situation.

 

[jeenu123]

There is no financial responsibility with a super visa.

If you sponsor your parents for PR, you will be financially responsible for them for 20 years.

Sounds good. This means LICO is required to meet for total 6 people only for sponsorship, not 8. No need to count in law parents on supervisa for LICO

 

[jeenu123]

Your parents need to be physically in Canada to submit a PR application under H&C and would need to remain in Canada while the application is processed. Plan on around 2 years to process the application.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html
This link says in Canada & overseas for H & C. Please see if you have any knowledge about this
& H&C applications are not lottery system. Correct ?

 

[scylla]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html
This link says in Canada & overseas for H & C. Please see if you have any knowledge about this
& H&C applications are not lottery system. Correct ?

Please read the link you quoted above in detail. The answer is there. If you want to submit an application under H&C, the applicant must be in Canada, as I said before. If the applicant is outside of Canada, then H&C consideration can only be requested as part of submitting a sponsorship application under a normal immigration stream. For example, let's say that someone enters the lottery for parent sponsroship and is selected but their parent has a serious medical issues that makes them inadmissible to Canada. When the parent application is submitted, the sponsor can request H&C consideration and ask that the parent be exempt from excessive demand.

 

[scylla]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html
This link says in Canada & overseas for H & C. Please see if you have any knowledge about this
& H&C applications are not lottery system. Correct ?

I don't understand your question about H&C being a lottery. If your parents are outside of Canada, you cannot submit an H&C application for them. They would need to be inside of Canada for this to be possible. If you want to sponsor them through the parent / grandparent sponsroship program, then you need to enter and be selected through the lottery first, which isn't open at this time.

 

[scylla]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html
This link says in Canada & overseas for H & C. Please see if you have any knowledge about this
& H&C applications are not lottery system. Correct ?

Let me tell you what I see as your options. Maybe that will help clarify. If not, then I think you need to be working with a lawyer rather than trying to do this yourself.

Option 1: You manage to get a TRV approved for your sister. Your sister and your parents come to Canada. They apply for PR under H&C from within Canada. The challenges with this option are that it's probably very unlikely your sister will get a TRV approved. Also, they will need to remain in Canada without leaving for the 2 or so years it takes to process the PR application and won't have any health care coverage through Canada during this time. This means you will have to pay for all of their health care appointments and medications out of pocket. The chances of H&C being approved are also very unknown. IRCC may or may not feel they have a case.

Option 2: Your parents travel to Canada on their super visas and leave your sister in their home country. They apply for PR under H&C from within Canada once they arrive and include your sister as their dependent in the application. The challenges with this option is that your parents will be separated from your sister for around 2 years while the H&C application is process. As with option 1, your parents won't qualify for any health care coverage while in Canada and you'll need to pay for everything they need. Also as with the above, the chances of the H&C application being approved are unkown.

Option 3: I think this is your most realistic option. You wait until the parent / granparent lottery opens and enter the lottery. Once you are selected, you submit an application to sponsor your parents and include your sister as a dependent. I think this option has the highest changes of working. However it is dependent on you being selected as a sponsor through the lottery. So there may be a wait of a few years before you can submit the application - or it's possible you could be selected immediately. If your brother meets LICO, he should enter the lottery as well once it opens to increase your chances.

 

[jeenu123]

Let me tell you what I see as your options. Maybe that will help clarify. If not, then I think you need to be working with a lawyer rather than trying to do this yourself.

Option 1: You manage to get a TRV approved for your sister. Your sister and your parents come to Canada. They apply for PR under H&C from within Canada. The challenges with this option are that it's probably very unlikely your sister will get a TRV approved. Also, they will need to remain in Canada without leaving for the 2 or so years it takes to process the PR application and won't have any health care coverage through Canada during this time. This means you will have to pay for all of their health care appointments and medications out of pocket. The chances of H&C being approved are also very unknown. IRCC may or may not feel they have a case.

Option 2: Your parents travel to Canada on their super visas and leave your sister in their home country. They apply for PR under H&C from within Canada once they arrive and include your sister as their dependent in the application. The challenges with this option is that your parents will be separated from your sister for around 2 years while the H&C application is process. As with option 1, your parents won't qualify for any health care coverage while in Canada and you'll need to pay for everything they need. Also as with the above, the chances of the H&C application being approved are unkown.

Option 3: I think this is your most realistic option. You wait until the parent / granparent lottery opens and enter the lottery. Once you are selected, you submit an application to sponsor your parents and include your sister as a dependent. I think this option has the highest changes of working. However it is dependent on you being selected as a sponsor through the lottery. So there may be a wait of a few years before you can submit the application - or it's possible you could be selected immediately. If your brother meets LICO, he should enter the lottery as well once it opens to increase your chances.

Thank so much for your detailed explanation. I really appreciate your time on that.
My only confusion is what overseas stands for in H&C then? The portion that I have underlined. Is that being selected as a sponsor through lottery & then asking for a medical exemption under H&C grounds? I will be going with lawyer anyways at the end but want to have some understanding before we consult with them,

Humanitarian and compassionate: Intake and who may apply
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
How applicants apply

• Submitting a request
• Who may apply
• Fees

Submitting a request
In Canada: A request under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA) in Canada for an exemption based on humanitarian and compassionate (H&C) or public policy consideration (IMM 5283) must accompany an application for permanent residence in Canada (IMM 0008). The application must be submitted in accordance with the requirements specified in section R10 of the Immigration and Refugee Protection Regulations (IRPR).
Overseas: applicants must use one of the existing departmental application forms for the three immigration classes (family, economic or refugee) and provide additional written information in support of their request for consideration under subsection A25(1).
Who may apply
Foreign nationals who are inadmissible or who do not meet the requirements of the Act or Regulations may make a written request for consideration under subsection A25(1). There are some restrictions with respect to examination of applications for H&C consideration. The restrictions are explained in the following charts.
Fees
Processing fees

 

[scylla]

Thank so much for your detailed explanation. I really appreciate your time on that.
My only confusion is what overseas stands for in H&C then? The portion that I have underlined. Is that being selected as a sponsor through lottery & then asking for a medical exemption under H&C grounds? I will be going with lawyer anyways at the end but want to have some understanding before we consult with them,

Humanitarian and compassionate: Intake and who may apply
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
How applicants apply

• Submitting a request
• Who may apply
• Fees

Submitting a request
In Canada: A request under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA) in Canada for an exemption based on humanitarian and compassionate (H&C) or public policy consideration (IMM 5283) must accompany an application for permanent residence in Canada (IMM 0008). The application must be submitted in accordance with the requirements specified in section R10 of the Immigration and Refugee Protection Regulations (IRPR).
Overseas: applicants must use one of the existing departmental application forms for the three immigration classes (family, economic or refugee) and provide additional written information in support of their request for consideration under subsection A25(1).
Who may apply
Foreign nationals who are inadmissible or who do not meet the requirements of the Act or Regulations may make a written request for consideration under subsection A25(1). There are some restrictions with respect to examination of applications for H&C consideration. The restrictions are explained in the following charts.
Fees
Processing fees

I've already explained this in my earlier post. Please read through my previous posts above. Suggest you hire an immigration lawyer to assist you at this point.

 

[canuck78]

Let me tell you what I see as your options. Maybe that will help clarify. If not, then I think you need to be working with a lawyer rather than trying to do this yourself.

Option 1: You manage to get a TRV approved for your sister. Your sister and your parents come to Canada. They apply for PR under H&C from within Canada. The challenges with this option are that it's probably very unlikely your sister will get a TRV approved. Also, they will need to remain in Canada without leaving for the 2 or so years it takes to process the PR application and won't have any health care coverage through Canada during this time. This means you will have to pay for all of their health care appointments and medications out of pocket. The chances of H&C being approved are also very unknown. IRCC may or may not feel they have a case.

Option 2: Your parents travel to Canada on their super visas and leave your sister in their home country. They apply for PR under H&C from within Canada once they arrive and include your sister as their dependent in the application. The challenges with this option is that your parents will be separated from your sister for around 2 years while the H&C application is process. As with option 1, your parents won't qualify for any health care coverage while in Canada and you'll need to pay for everything they need. Also as with the above, the chances of the H&C application being approved are unkown.

Option 3: I think this is your most realistic option. You wait until the parent / granparent lottery opens and enter the lottery. Once you are selected, you submit an application to sponsor your parents and include your sister as a dependent. I think this option has the highest changes of working. However it is dependent on you being selected as a sponsor through the lottery. So there may be a wait of a few years before you can submit the application - or it's possible you could be selected immediately. If your brother meets LICO, he should enter the lottery as well once it opens to increase your chances.

@jeenu123

Given the volume of new immigrants and the fact that the EOI has been on hold for multiple years I would expect to have a very high volume of applicants this year that is if they open up the EOI this year since they haven’t exhausted the EOI from 2020. The demand far exceeds the supply of spots for parent sponsorship and processing can take up to multiple years these days and likely longer if there are any H&C issues and we have no idea if there will be some prioritization of applicants at a certain point. It is really important to be also working on a plan B for example in their home country at the same time because you have no idea if and when you may get selected and whether the application will be selected. I assume if the parents can’t come to Canada with their child they will likely remain in their home country until they hear about the PGP application so many things can happen in 5-10+ years. The PGP is renewed annually and given the state of our healthcare system nothing is guaranteed so a plan B is important. I’m actually surprised there isn’t a plan in place involving care plan in the home country in the parent’s will just in case the parents happen to pass away. This would be something to discuss with the parents.

 

[udaya420]

Any update are you successful to immigrate your family in Canada with your sibling ?

 

[Naturgrl]

Any update are you successful to immigrate your family in Canada with your sibling ?

You may want to provide some context as this thread began in 2016. Is your sibling even in Canada? Are you asking about sponsorship through the PGP program? How old is sibling?