Critically ill during visit to Canada

[supvisa2024]

Hi,

My parents are visiting me in Canada and my father got critically illness and currently admitted to ICU. Doctors are saying he is not fit to travel back and might require him to stay longer in Canada due to disabilities and risk of traveling. Furthermore, he has no one back home to takecare of him.

Can anyone please guide here, what is the best solution for him from immigration prospective?

Thank you

 

[scylla]

Hi,

My parents are visiting me in Canada and my father got critically illness and currently admitted to ICU. Doctors are saying he is not fit to travel back and might require him to stay longer in Canada due to disabilities and risk of traveling. Furthermore, he has no one back home to takecare of him.

Can anyone please guide here, what is the best solution for him from immigration prospective?

Thank you

There isn't any easy / good option unfortunately and I'm sorry to hear about your father. Hopefully you have private medical insurance to cover his hospitalization.

What is your status in Canada? Are you your parents' only child?

Right now applying for PR under H&C is likely the only option but processing times are long (approx 2 years) and there's no guarantee of approval.

 

[GandiBaat]

Hi,

My parents are visiting me in Canada and my father got critically illness and currently admitted to ICU. Doctors are saying he is not fit to travel back and might require him to stay longer in Canada due to disabilities and risk of traveling. Furthermore, he has no one back home to takecare of him.

Can anyone please guide here, what is the best solution for him from immigration prospective?

Thank you

Whats his status? Sup. Visa? Visitor Visa?

And whats your status?

Typically, when my parents visit, I ask them to do a very thorough medical checkup and get a very extensive medical insurance.

 

[supvisa2024]

There isn't any easy / good option unfortunately and I'm sorry to hear about your father. Hopefully you have private medical insurance to cover his hospitalization.

What is your status in Canada? Are you your parents' only child?

Right now applying for PR under H&C is likely the only option but processing times are long (approx 2 years) and there's no guarantee of approval.

Thanks for your reply. Yes, he has private medical insurance. I am the citizen of Canada. I have 1 more sister, she is married with 3 kids living with in law's.
I am also thinking for H&C that's the only option i see currently.

 

[scylla]

Thanks for your reply. Yes, he has private medical insurance. I am the citizen of Canada. I have 1 more sister, she is married with 3 kids living with in law's.
I am also thinking for H&C that's the only option i see currently.

Is your sister living in your home country? If so, that will substantially weaken the H&C application and increase the chances of refusal.

H&C applications can also be refused for excessive burden / medical inadmissibility. So you will have to make an argument for why the application should be accepted under H&C in these circumstances. I'd recommend using a lawyer.

H&C is far from a certain path for your parents.

 

[supvisa2024]

Whats his status? Sup. Visa? Visitor Visa?

And whats your status?

Typically, when my parents visit, I ask them to do a very thorough medical checkup and get a very extensive medical insurance.

He has Visitor Visa, i applied for supervisa for him but he was due for medical exam which is not possible now and i am the Citizen of Canada.
He has his medical insurance that is covering him.

 

[GandiBaat]

He has Visitor Visa, i applied for supervisa for him but he was due for medical exam which is not possible now and i am the Citizen of Canada.
He has his medical insurance that is covering him.

Okay. Pardon me but as far as I know, Supervisa needs to be applied from abroad / outside Canada. If you want to extend his visit, you will need to do medical exam after his initial 6 months of stay.

That being said, I have seen very very tricky cases go through medical without issue. My friend's wife has brain cancer and she got her PR. Medical inadmissibility (both for PR and Temporary Resident status) is a quite bit nuanced. So before giving up on it, consult a good lawyer for advice.

Though first priority will be to help him recover.

 

[supvisa2024]

Is your sister living in your home country? If so, that will substantially weaken the H&C application and increase the chances of refusal.

H&C applications can also be refused for excessive burden / medical inadmissibility. So you will have to make an argument for why the application should be accepted under H&C in these circumstances. I'd recommend using a lawyer.

H&C is far from a certain path for your parents.

Thanks again Yes, she lives in home country with her in laws and kids, definitely she won't be able to live with the parents leaving her kids and house would be difficult for her considering if it is long term illness.

if not H&C what else are the option for him, considering he has not allowed to travel back due to critical illness.

 

[scylla]

Thanks again Yes, she lives in home country with her in laws and kids, definitely she won't be able to live with the parents leaving her kids and house would be difficult for her considering if it is long term illness.

if not H&C what else are the option for him, considering he has not allowed to travel back due to critical illness.

You can keep extending his status as a visitor until he is ready to travel home. That is one option.

You can certainly still apply for an H&C. Just be aware of the long processing times and the fact that his application is not clear cut and may end in refusal. A refused H&C application generally complicates future visits to Canada.

I don't see any other options for PR.

 

[supvisa2024]

Okay. Pardon me but as far as I know, Supervisa needs to be applied from abroad / outside Canada. If you want to extend his visit, you will need to do medical exam after his initial 6 months of stay.

That being said, I have seen very very tricky cases go through medical without issue. My friend's wife has brain cancer and she got her PR. Medical inadmissibility (both for PR and Temporary Resident status) is a quite bit nuanced. So before giving up on it, consult a good lawyer for advice.

Though first priority will be to help him recover.

Thanks alot for your advice

 

[GandiBaat]

Thanks alot for your advice

Its a stressful time for you but I can tell you this from an immigaration point of view (which my lawyer told me once): IF you are in Canada, there is a LOT that can be done by Canadian law, Canadian charter of rights. Just him being in Canada makes the immigration situation substantially favourable for you. Talk to a competent immigration lawyer if you feel stuck.

Oh and before you go, one more better news for you: Burden of medical admissibility for a temporary visa (visitor/supervisa) is substantially lower than that of PR. Meaning a person can be medically inadmissible under PR but may still be allowed in as a teporary resident.

 

[supvisa2024]

Thanks alot for understanding the situation and for all the positive hopes and guidance,
I am just looking best for him whatever possible for him.

 

[canuck78]

Okay. Pardon me but as far as I know, Supervisa needs to be applied from abroad / outside Canada. If you want to extend his visit, you will need to do medical exam after his initial 6 months of stay.

That being said, I have seen very very tricky cases go through medical without issue. My friend's wife has brain cancer and she got her PR. Medical inadmissibility (both for PR and Temporary Resident status) is a quite bit nuanced. So before giving up on it, consult a good lawyer for advice.

Though first priority will be to help him recover.

There is no medically inadmissibility for spouses except for some communicable disease which just leads to a delay. That is why they got approved.

 

[canuck78]

Hi,

My parents are visiting me in Canada and my father got critically illness and currently admitted to ICU. Doctors are saying he is not fit to travel back and might require him to stay longer in Canada due to disabilities and risk of traveling. Furthermore, he has no one back home to takecare of him.

Can anyone please guide here, what is the best solution for him from immigration prospective?

Thank you

When does their travel medical insurance expire and is medical repatriation part of the coverage? Have you been speaking to the insurer? They may determine what happens unless you have the funds to pay for care out of pocket. Typically as soon as stable enough insurers want to fly people back to their home countries if it is more cost effective for them.

 

[GandiBaat]

There is no medically inadmissibility for spouses except for some communicable disease which just leads to a delay. That is why they got approved.

In this case entire family was not PR. it was economic migration and not family one.