Sponsoring intellectually disabled brother

[snow_flake]

My mother who is a Canadian citizen who has no other siblings, would like to bring her adult (70 year old) intellectually disabled brother to live with her in Canada. Both parents are deceased and he has no other caregivers.

He cannot look after himself, thought physically he is fine. His intellectually disabilities are moderate.

What would be the best way to bring him here? Sponsorship or humanitarian and compassionate grounds or something else? Some guidance would be appreciated. Thank you so much in advance!

 

[scylla]

She cannot sponsor him through Family Class since she has family in Canada (you, I assume a spouse, possibly other children).

To apply through H&C, he would need to be physically in Canada. So the first step would be to get a TRV (tourist visa) approved and to have him travel to Canada. Even once in Canada, H&C approval rates tend to be very low. His case has a high chance of being refused at which point he would have to return home. However you can certainly give it a try. Again, first step would be for him to obtain an approved TRV.

 

[snow_flake]

thanks scylla. my father (her husband) has passed away and both children (myself and my sibling) do not live in canada (though we are citizens of canada)

would that change things? he actually already has a TRV approved, but i was wondering what the next steps should be. looks like maybe h&c is the way to go?

 

[Rob_TO]

would that change things? he actually already has a TRV approved, but i was wondering what the next steps should be. looks like maybe h&c is the way to go?

No that doesn't change anything. Having family who are citizen/PRs even if living anywhere in the world, disqualifies one from using the "other" relative clause.

If he has a TRV he can certainly come to Canada and try his luck with a H&C application, just note the high refusal rate so don't be surprised if it's ultimately rejected.

I'm not entirely sure how medical excessive demand criteria works with H&C apps or if it can be waived if medical care is part of the H&C claim, but at 70 years old and with a mental disability, IRCC may see him far exceeding the excessive demand criteria as well.

Using a lawyer experienced with H&C cases would help.

Also note if the H&C case is refused and he leaves Canada, that would probably mean it will be very difficult to (perhaps never) get a TRV to visit Canada again.

 

[scylla]

thanks scylla. my father (her husband) has passed away and both children (myself and my sibling) do not live in canada (though we are citizens of canada)

would that change things? he actually already has a TRV approved, but i was wondering what the next steps should be. looks like maybe h&c is the way to go?

As Rob said, Family Class is not an option. It doesn't matter that you live outside of Canada. Your mother doesn't meet the requirements to sponsor him through Family Class. Her brother needs to travel to Canada and then apply under H&C. I agree you should use a lawyer since I think the chances of success are very low.

 

[snow_flake]

thanks, all. does anyone know of any good lawyers that specialise in disability and immigration? he literally has nobody to look after him so if they send him back, he'll be totally alone. my mom can't go back there as all her support network is here and she's lived in this country for over 40 years, which is more than half her life. i feel like it's a compelling case. intellectually, he's like a 2 year old child, though physically fine. he wouldn't be a drain on the system as his only medical requirements are pills which we pay for. but he doesn't need any social/doctor/hospital care

 

[Rob_TO]

thanks, all. does anyone know of any good lawyers that specialise in disability and immigration? he literally has nobody to look after him so if they send him back, he'll be totally alone. my mom can't go back there as all her support network is here and she's lived in this country for over 40 years, which is more than half her life. i feel like it's a compelling case. intellectually, he's like a 2 year old child, though physically fine. he wouldn't be a drain on the system as his only medical requirements are pills which we pay for. but he doesn't need any social/doctor/hospital care

So how is he functioning day to day now with nobody there to look after him?

Excessive demand looks at the potential health or social services cost over the next 10 years after he becomes a PR. So there could possibly be some issue here. Although there is no way to know for sure until you actually submit a H&C app for him.

 

[snow_flake]

a live-in caregiver of many years was looking after him but my mom spent as much time with him as she could (at least 3 months out of the year, and a lot more than that since she retired). the caregiver has now passed away and my mom is there and is going to bring him here with her.

my mom is going through dealing with the quite traumatic loss of my father so she can't live there, as her entire support network is here.

 

[scylla]

Make sure your mother purchases private travel insurance for her brother before he travel to Canada. Keep in mind that he won't be covered by the health care system should anything unexpected happen. It can get extremely expensive fast.

 

[snow_flake]

thank you - yes, she has already purchased the insurance, i believe it is mandatory anyway. he has no serious health conditions but it's always good to have something just in case!

 

[scylla]

thank you - yes, she has already purchased the insurance, i believe it is mandatory anyway. he has no serious health conditions but it's always good to have something just in case!

It's not mandatory - but definitely smart.

 

[canuck78]

Since the H&C process can take many years and his TRV is only for 6 months and will need to be extended please consider some back-up plans. Given that he might outlive your mother the cost to the Canadian taxpayer would be very high since 24/7 care would be necessary even if he wasn't ill. What happens if your mother gets ill who will take care of him? I think the chances of H&C are quite low and your family should have been planning for his longterm care a long time ago. Don't mean to be rude but you have known that he will require care for his whole life and the odds of this plan working out are very low.

 

[snow_flake]

my sibling and i will be moving back to the country within the next 3 years and we'll be looking after him along with our mom, and obviously if he outlives her we'll be looking after him.

we did have long term care in place but we found out after his caregiver passed away that she had been abusive towards him and burnt him with hot metal etc...so we're no longer comfortable or confident getting another caregiver for him over there.

my mother has lived here most of her life and that's why we're trying to get him over here...so we can all be together and she can grieve and also make sure her brother is ok.

it's easy to think you'd know what to do in this situation and that long-term decisions and planning would be problem-free, but until you're in it, you really don't know. when my mom left, her parents were young and my uncle wasn't as bad as he is now...so his parents looked after him. my mom had been going back and forth between 2 countries but when my dad fell ill she had to stop to look after him and spend time with him and unfortunately, he has now passed and it's hit her very hard. she loved him very much and he was relatively young when he passed away. so now the situation is more difficult as she needs emotional support to help her get through this loss but also can't leave her brother alone now that the caregiver has passed away. it's a really awful situation to be in and he'll be the one hardest hit, as there is literally nobody there to look after him.

worst case scenario my mom will have to go and live there permanently, but it's gonna hit her hard too because who'll give her emotional support to deal with the loss of my father? i quit my job to come here and help look after my father but i'll have to go back home to where my husband is and also to start earning money again. we're gonna have to stay there for at least another couple of years, as his mom is also widowed and he's an only child, so she needs us too.

my uncle is a happy and gentle person, who loves to laugh and make us laugh. he's thriving here! it's such a shame that the chances of him staying here are so slim i really don't know what's gonna happen to our family my mom has worked hard all her life, paid taxes etc. she's never been in trouble with the law - not even a parking or traffic ticket. but now she might have to move away to a country that she doesn't consider home. i hope whoever gets his case can find some compassion for this situation

 

[Hino]

can i sponsor my physically and mentally disabled sister to visit me? im planning to apply for a TRV for my parents. my sister is totally a dependent. she cannot eat or walk by herself. my mother takes care of her. she is medically fine. no health issues no medicines, what are the chances for her to get trv along with my parents?? also do let me know the necessary documents for her along with her disability certificate.

 

[scylla]

can i sponsor my physically and mentally disabled sister to visit me? im planning to apply for a TRV for my parents. my sister is totally a dependent. she cannot eat or walk by herself. my mother takes care of her. she is medically fine. no health issues no medicines, what are the chances for her to get trv along with my parents?? also do let me know the necessary documents for her along with her disability certificate.

Your question has already been answered:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/help.533149/