Immigiration or sponsorship for my mentally retarded brother

[rubinarizvi]

Is there any way to bring my mentally retarded brother (aged 44) from backhome (Pakistan) to here in Canada through immigiration or sponsorship.

After my parents death there is no one there to take care of him even the relatives or the special institutes were failed to take care and my mentally retarded brother is in a very miserable condition right now.

I am a Canadian citizen and a housewife , my family here ( husband & children ) are willing to bring and support my brother here , they just dont know the legal procedure regarding sponsorship or Immigiration of such a person like my brother.I hope if anyone can help or guide me in this matter I' ll be grateful to them all my life.

Thanks
Rubina

 

[mikeymyke]

Unfortunately I don't think you are able to bring your brother because you are married. Even if you are eligible to, he will likely be refused based on his medical condition.

 

[rubinarizvi]

Is it possible for my son to apply sponsorship for his uncle with his name...he is well settled and can support him ( my mentally retarded brother)
And what if we attached the proof from his doctors that he is not sick or ill or does' nt have any medical conditions, so that the government wont have an issue that he may become the burden on their country.
Is there any legal procedure to assure them that whatever expenses there will be regarding his health, we will definitely take care of all of them.

 

[truesmile]

No, only if your son were an orphan and not married could he do so (for starters). Since you will care for all of his needs, why not apply for a visit visa? He may even be granted 4 years (which I have heard of in at least one case). You would have to prove strong ties to his home country but at least there's a chance.

 

[Rob_TO]

Is it possible for my son to apply sponsorship for his uncle with his name...he is well settled and can support him ( my mentally retarded brother)
And what if we attached the proof from his doctors that he is not sick or ill or does' nt have any medical conditions, so that the government wont have an issue that he may become the burden on their country.
Is there any legal procedure to assure them that whatever expenses there will be regarding his health, we will definitely take care of all of them.

First, before you consider any medical issues you will need to determine if he is eligible for sponsorship at all. In general for most provinces, you simply can not sponsor brothers or uncles, period. They do not typically fall under definition of "family class", which is reserved for spouses, parents, and dependent children. In some provinces (I think Manitoba is one) they have special Provincial Nominee programs which are a bit more relaxed vs the other provinces and may allow sponsorship of another family members, so if you lived there you could investigate that.

Even then if he was qualified in general to be sponsored, there is the medical issue to deal with. It's not just healthcare, but also by sponsoring him as a PR he would have access to all of Canada's health, social and care programs and disability payment programs. You can state that you would refuse to accept these services and pay everything out-of-pocket, but really there is nothing stopping a new PR from using any service available to them, no matter that they stated in an application. Its a fundamental right for any citizen or PR to have full access to any and all services they want.

The only other option I can think of, is to see about legal adoption due to his disability. I really have no idea if this is possible for disabled adults over the age of 22. But if it was, and you could successfully adopt him to become legal parents, then he could qualify as a dependent child over 22 who has relied on financial support during his entire life, and be exempt from excessive demand clause.

 

[screech339]

Even if with RobTO's possible adoption approach, CIC may view such action as adoption of convenience so that the brother can get access to free medical help by bypassing the excessive medical demand loophole. As RobTO mentioned, nothing can prevent your brother as PR to get medical access as required despite you swearing that you will cover all medical related cost. It won't work with CIC.

Screech339

 

[steerpike]

It will be much cheaper to just send money to india to have someone take care of him rather than paying out of pocket for his care in Canada.

 

[mikeymyke]

It will be much cheaper to just send money to india to have someone take care of him rather than paying out of pocket for his care in Canada.

His brother is from Pakistan, but I agree the only option for them is to just send money from Canada to him in Pakistan to take care of him.

As for Rob_TO's suggestion that they could write a letter saying they will pay everything out of pocket when he comes to Canada, that won't work because those letters are not legally binding, and when the costs start to mount, the family will likely resort to the free health care system to treat him anyway, and also as you mentioned, when the brother gets PR, nothing can stop him from accessing the public health care system anyway.

I don't think there's anyway for him to come Canada, best way is to just send money, take him to the best possible doctors in Pakistan. I'm sure our dollars go a lot further in Pakistan

 

[canvis2006]

It's best to check with an immigration lawyer for this matter.

 

[screech339]

It's best to check with an immigration lawyer for this matter.

The immigration lawyer will likely say the same thing everyone else on the post has been saying. OP will not be able to sponsor his brother under current immigration rules.

Screech_339

 

[Rob_TO]

Even if with RobTO's possible adoption approach, CIC may view such action as adoption of convenience

Yes and IF the adoption is possible (again it's a big IF since i have no ideas on the legality of adopting a disabled adult), they would have to delay submitting the dependent PR app for a while. Establishing and showing a true parent/son relationship first, would be essential to prove the adoption was not one of convenience. This could involve having him live in Canada for a while under visitor status, OR having someone actually move to Pakistan to care for him. I would guess at least 1 full year of this, before attempting any PR app.

As for Rob_TO's suggestion that they could write a letter saying they will pay everything out of pocket when he comes to Canada, that won't work because those letters are not legally binding,

Yes that was my main point. However there have been successful appeals of applicants denied due to excessive demand, and quite often as part of these appeals in addition to challenging the healthcare costs CIC came up with, the sponsors have shown they have the funds necessary to treat whatever condition privately or without relying solely on publically funded care. Since it's not legally binding I have no idea how much this sways the judge (if any) into approving the appeal, but i'm sure it doesn't hurt if you are a wealthy family compared to a very poor one, as many wealthy families opt for private out-of-pocket care anyways for their sick family members.

 

[scylla]

CIC doesn't recognize adoptions from Pakistan - so that route is definitely out.

http://www.cic.gc.ca/english/department/media/notices/2013-07-01.asp

 

[PMM]

Hi

CIC doesn't recognize adoptions from Pakistan - so that route is definitely out.

http://www.cic.gc.ca/english/department/media/notices/2013-07-01.asp

Plus he is 44 .

 

[rubinarizvi]

Thank you so much everyone for your very informative and kind replies !

The feeling that nothing can be done to bring him here is really very depressing for me.
I have been trying every possibility for my mentally retarded brother for his better care.....I tried to hire care takers, asked other relatives for his care and actually gave them handsome amount monthly, even I kept my brother in special children institutes & centres and paid for their fee plus for a lot more extra hidden expenses they asked for.... so that they could treat him well but in every case they end up of doing physical torture to my brother sometimes hidden sometimes prominent and there is no one there to see the scars or tortures marks on his body. My brother himself is not been able to understand, explain or express his pain, hunger or anything which a normal person can do.

The only solution I can think of is to move permanently to Pakistan and keep him with me and take care of him.... I am ready to give the sacrifice to live there alone without my immediate family ( husband, sons & daughter) who are well settled here and dont want yo move there with me.... but I always think that I won't be that strong if I'll live alone in Pakistan without my family around and thats the only reason I wanted to bring my brother here because me and my family all are here for him to take care of.

Adoption is a good solution but not sure if a person aged 44 can be adopted ( although my mentally retarded brother's mental age is not more than 2 years child)
Canada is a country of humanity and are there any organizations who can help me to bring my brother for the humanity sake and could think beyond the legal restrictions, I mean to say work according to the legal formalities but could think for the sake of humanity.....

I wish if I can find some solution with the help of all you kind people.
Thanks once again.

Rubina

 

[screech339]

Even if adoption of your brother was achievable, a link was provided above that CIC won't recognize adoptions from your country. Other than finding someone to look after your brother, you may not have any choice but to move back and look after him yourself. With your family not willing to move back to Pakistan, it will put a lot of stress on your family connection together while you are apart from your family.

Good luck with what decision you decide to do.

Screech339